HomeMy WebLinkAboutOrdinance 5759 11/07/1994
ORDINANCE NO.
5759
(General)
.
AN ORDINANCE AMENDING THE PLAN AMENDMENTS
OF THE EUGENE-SPRINGFIELD METROPOLITAN
STREAMLINE AND CLARIFY THE PLAN AMENDMENT
CLAUSE.
AND REFINEMENTS SECTION OF CHAPTER IV
AREA GENERAL PLAN (METRO PLAN) TO
PROCESS AND ADOPTING A SEVERABILITY
THE CITY OF SPRINGFIELD DOES ORDAIN AS FOLLOWS:
Section 1. Chapter IV of the Metro Plan is hereby amended as follows:
"Plan Amendments and Refinements
The Metropolitan 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 Metropolitan Plan is the basic
guiding land use policy document, it may be amended from time to time. Likewise,
the Metropolitan Plan may be augmented and implemented by more detailed
refinement plans and regulatory measures.
Findinqs
1. If the Metropolitan Plan is to maintain its effectiveness as a policy guide,
it must be adaptable to the changing needs and circumstances of the community.
2. Between Metropolitan Plan updates, changes to the Plan may occur through
periodic review and amendments initiated by the governing bodies and citizens.
3. Refinements to the Metropolitan Plan are necessary in certain geographical
portions of the community where there is a great deal of development pressure
or for certain special purposes.
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4. Refinement plans augment and assist in the implementation of the Metropolitan
Plan.
Goal
Ensure that the Metropolitan Plan is responsive to the changing conditions,
needs, and attitudes of the community.
Ob-jectives
1. Maintain a schedule for monitoring, reviewing, and amending the Metropolitan
Plan so it will remain current and valid.
2. Maintain a current land use and parcel information base for monitoring and
updating the Metropolitan Plan.
3. Prepare refinement and functional plans that supplement the Metropolitan Plan.
Ordinance No. 5759
Page 1
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Policies
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1. A special review, and if appropriate, Metropolitan Plan amendment, shall be
initiated if changes in the basic assumptions of the 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.
2. The geographic information data base shall be maintained on a regular basis.
3. All amendments to the Metropolitan Plan shall be classified as a Type I or
Type II amendment depending upon the specific changes sought by the initiator
of the proposal.
a. A Type I amendment shall include any change to the urban growth boundary or
the jurisdictional boundary of the Plan; any change that requires a goal
exception to be taken under statewide planning goal 2 that is not related
to a UGB expansion; and any amendment to the Plan text that is non-site
specific.
b. A Type II amendment shall include any change to the Plan diagram or 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 Metropolitan Plan that result from state
mandated periodic Review or Metropolitan Plan Up-dates also shall be
classified as Type I or Type II amendments depending upon the specific
changes that would result from these actions.
. 4. Initiation of Metropolitan Plan amendments shall be as follows:
a. A Type I amendment may be initiated by any of the three governing bodies.
Initiation is discretionary with the governing body, and may be initiated
on behalf of a citizen who has made such a request.
b. A Type II amendment may be initiated at the discretion of anyone of the
three governing bodies or by any citizen who owns property that is the
subject of the proposed amendment.
c. Only a governing body may initiate a refinement plan, a functional plan, a
special area study or periodic Review or Metropolitan Plan Up-date.
d. The governing bodies of the three metropolitan jurisdictions may initiate
an amendment to the Metropolitan Plan at any time. Citizen initiated Type
II amendments may be initiated at any time.
Ordinance No. 5759
Page 2
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5. The approval process for Metropolitan 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 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 Metropolitan Plan amendment that involves a UGB
expansion or Plan Boundary change and a Type II Metropolitan 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
1-5, excluding Glenwood, and Eugene is the home city for amendments west of
1-5 and within Glenwood). 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 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:
(1) It will require an amendment to a jointly adopted functional plan
(TransPlan, PFP, etc.) in order to provide the subject property with an
adequate level of urban services; or
.
(2) It has a demonstrable impact on the water, storm drainage, sanitary
sewer or transportation facilities of the non-home city; or
(3) It affects the buildable land inventory by significantly adding to LDR,
CI, LMI or HI designations or significantly reducing the MDR, HDR or CC
designations.
d. A jurisdiction may amend a 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 it own
jurisdiction; or, accommodate the contiguous expansion of an existing
business with a site specific requirement. 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 Metropolitan 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. The time frames prescribed in connection with the
Type II Metropolitan Plan amendment process can be waived if the applicant
agrees to the waiver.
Ordinance No. 5759
Page 3
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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.
7.
If all participating jurisdictions 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.
Amendments for which there is no consensus shall be referred to MPC for
additional study, conflict resolution and recommendation back to the
governing bodies.
8.
Adopted or denied plan amendments may be appealed to the Oregon Land Use
Board of Appeals or the Department of Land Conservation and Development
according to applicable state law.
9. The three metropolitan jurisdictions shall jointly develop and adopt
Metropolitan Plan amendment application procedures and a fee schedule.
10. Metropolitan Plan updates shall be initiated no less frequently than during
the state-required periodic review of the Metropolitan Plan, although the
governing bodies may initiate an update of the Metropolitan Plan at any time.
11. In addition to the update of the Metropolitan Plan, refinement studies may be
undertaken for individual geographical areas and special purpose or
functional elements, as determined appropriate by each governing body.
12.
All refinement and functional plans
Plan, and should inconsistencies
prevailing policy document.
Metropolitan
Plan is the
must be consistent with the
occur, the Metropolitan
13. Refinement plans developed by one jurisdiction shall be referred to the other
two jurisdictions for their review. Either of the two referral jurisdictions
may determine that an amendment to the Metropolitan Plan is required.
14. Local implementing ordinances shall provide a process for zoning lands in
conformance with the Metropolitan Plan."
Section 2. If any section, subsection, sentence, clause, phrase, or portion of
this Ordinance is for any reason held invalid or unconstitutional by a court of
competent jurisdiction, such portion shall be deemed a separate, distinct, and
independent provision and such holding shall not affect the validity of the
remaining portions hereof.
Ordinance No. 5759
Page 4
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Section 3. While not just part of this Ordinance, findings in attached
"A" are adopted in support of this decision.
ADOPTED by the Common Council of the City of Springfield this 7th
Novembe r , 1994 by a vote of 6 for and 0 against.
APPROVED BY THE Mayor this
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Ordinance No. 5759
Page 5
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Exhibit
day of
EXHIBIT A
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Findings in Support of Ordinance No.
(Metro Plan Amendment)
5759
1. The amendment must be consistent with the relevant statewide planning goals
adopted by the Land Conservation and Development Commission.
Goal 1 Citizen Involvement
Goal 1 is intended to ensure that citizens are involved in all stages of the
planning process. Citizens have had the opportunity to participate in the
creation and review of this proposed amendment under the auspices of the
Metropolitan Policy Committee on the following dates:
April 8, 1993; April 22, 1993; May 13, 1993; June 17, 1993; July 15, 1993;
September 23, 1993; January 13, 1994; March 10, 1994; June 7, 1994; June 14, 1994;
June 21, 1994; June 28, 1994; July 21, 1994; and October 24, 1994. Each of these
dates represent public meetings that were advertised and open to the public for
comment.
This amendment allows citizen initiated amendment proposals to be submitted at
any time rather than limited to twice a year.
The Lane County Planning Commission and Lane County Board of Commissioners will
participate in all proposals outside city limits thereby affording non-city
residents with direct access to their elected representatives.
.
Goal 2
Land Use Planning
Goal 2 states that opportunities shall be provided for review and comment by
citizens and affected governmental units during preparation, review and revision
of plans and implementation ordinances. In addition to the numerous opportunities
for citizen input described in the preceding text, elected officials from each
jurisdiction participated equally at each of these meetings in the preparation of
the proposed amendment language. The type of plan amendment, who will
participate, criteria for approval and length of processing are all specified in
this proposal consistent with the purpose and intent of the Goal.
Goal 9 Economic Development
Goal 9 requires the provision of adequate opportunities throughout the state for a
variety of economic activities vital to the health, welfare, and prosperity of
Oregon's citizens. Comprehensive plans shall contain policies concerning the
economic development opportunities in the community and provide for at least an
adequate supply of sites of suitable sizes, types, locations and service levels
for a variety of industrial and commercial uses consistent with plan policies.
The Goal also requires that plans should strongly emphasize the expansion of and
increased productivity from existing industries and firms as a means to strengthen
local and regional economic development. The proposed amendment will allow more
expeditious processing of amendment requests thereby diminishing time delay
obstacles. The amendment also contains the following provision: "A jurisdiction
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Exhibit A - Pa~e 1
OrdinanceEN6. 5759
PAGE 6
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may amend a plan designation without causing Regional Impact when this action is
taken to ... accommodate the contiguous expansion of an existing business with a
site specific requirement."
Goal 10 Housing
Goal 10 requires the provision of housing needs of citizens of the state. In part
this is accomplished by allocating enough buildable lands to accommodate
anticipated demand and by expediting decisions on housing development proposals.
The new amendment process will allow proposals to be submitted at any time rather
than twice yearly and will take no more than 120 days if one or two jurisdictions
are involved. In addition, the new language contains the following provision: "A
jurisdiction may amend a 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."
2. Adoption of the amendment must not make the Metropolitan Area General Plan
internally inconsistent.
The proposed amendment is consistent with the Metro Plan as follows:
"Purpose
6. Provides continuity in the planning process over an extended period of time.
7. Establishes a means for consistent and coordinated planning decisions by all
public agencies and across jurisdictional lines. (1-2)"
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The new amendment process refers all proposals to each jurisdiction. All proposed
amendments outside city limits are evaluated by the metro planning directors for
Regional Impact. A finding of Regional Impact allows non-home city to participate
in the decision if they so choose. All proposed amendments outside city limits
requires Lane County Planning Commission and Board participation. Citizens may
initiate Type II amendments at any time. All proposed amendments involving one or
two jurisdictions are processed within 120 days. Approval criteria is uniform.
Requires all jurisdictions to participate in non-site specific text amendments or
in diagram amendments that cross rivers or ridges not currently within the Urban
Growth Boundary. Fixes responsibility for initiation of refinement plans, special
study areas, functional plans and periodic review with the elected officials.
"Metropolitan Goals
Plan Review. Amendment. and Refinement
Ensure that the Metropolitan Area General Plan is responsive to the changing
conditions, needs, and attitudes of the community and is fully integrated with
surrounding subarea plans."
Th~ proposed language is itself responding to changing conditions by recognizing
that the amendment process can be an obstacle to necessary public action if that
process is too cumbersome or lengthy. The proposed language offers a process to
adjust to newly discovered resources that influence the buildable lands inventory.
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Exhibit A - Page 2
Ordinance No. 5759
Page 7
There is further recognition, through evaluation of Regional Impact criteria, that
actions proposed in one jurisdiction may affect in several ways another
jurisdiction.
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"Residential Element
Policies
3. Increase the supply of land zoned for low, medium and high-density
residential uses correlating the amount zoned with the projections of demand.
Periodically monitor and analyze the population and dwelling unit projections
to provide a reliable basis for land use decisions and to assure sufficient
residential land to maintain a balance between supply and demand. (III-A-4 &
5) "
"Economic Element
Policies
5. Provide existing industrial activities sufficient adjacent land for future
expansion. (III-B-5)
6.
Increase the amount of undeveloped land zoned for light industrial
commercial uses correlating the effective supply in terms of suitability
availability with the projections of demand. (III-B-5)
and
and
9.
Encourage the expansion of existing and the location of
manufacturing activities which are characterized by low levels of
and a relatively low level of energy use. (III-B-5)"
new light
pollution
. The
new plan amendment language contains the following section;
"A jurisdiction may amend a 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."
"Citizen Involvement
Continue to develop, maintain, and refine programs and procedures that maximize
the opportunity for meaningful, ongoing citizen involvement in the community's
planning and planning implementation processes consistent with mandatory statewide
planning standards. (II-A-2)"
See findings under "Goal 1 Citizen Involvement" in the first section of these
findings.
"Plan Review
In order for the Metropolitan Area General Plan to serve an an effective policy
device to guide change and development, it must be adaptable to the changing
circumstances and needs of the community.
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Exhibit A - Page 3
Ordinance No. 5759
Page 8
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Changes to the Metropolitan Plan may occur: 1) as the result of the State's
periodic review requirements; 2) through amendments initiated by anyone of the
three governing bodies; 3) as the result of major plan updates; and 4) as the
result of citizen-initiated amendment requests." (IV-4)
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The proposed changes will allow citizen initiated amendments to occur at any time
rather than twice annually and the amendments will be processed within 120 days if
one or two jurisdictions participate. This is a significant change that
acknowledges that many decisions cannot wait 6 to 8 months; opportunities are lost
with such a delay.
The proposed changes will allow any of the jurisdictions to initiate a plan
amendment: the current language requires all three to initiate or the proposal
cannot go forward. This is a significant change in two regards: 1) the
additional time to schedule an agenda item on the calendar of other jurisdictions
is eliminated; and 2) it allows all amendments to be heard and considered without
prior disqualification simply because one of the jurisdictions would not agree to
initiate. The ability to consider amendments in a timely manner and with the
certainty of a hearing is responsive to the need to adapt to changing
circumstances and needs of the community.
3. The amendment is not a Plan update amendment, unless the amendment has been
initiated by the governing bodies of the City of Eugene, City of Springfield and
Lane County under Section 7.050(1) (c) above. In determining whether a Plan
amendment is a Plan update amendment, the Council is not bound by the
determination of the Director or Metropolitan Policy Committee made under Section
7.050 above.
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A Plan update amendment is defined as: "Any change to the Metropolitan Area
General Plan which (1) changes the urban growth boundary or the jurisdictional
boundary of the Plan; (2) requires a goal exception to be taken under statewide
planning Goal 2; (3) amends a fundamental principle, metropolitan goal or policy
set out in Chapter II of the Plan; or (4) requires a substantial diversion of
budgeted planning resources from the approved work programs of affected City
departments."
This proposed amendment does not change the UGB or Plan boundary; does not require
an exception to any statewide Goal; does not amend a fundamental principle, goal
or policy in Chapter II; and did not require a substantial diversion of budgeted
planning resources from the Development Services Department budget.
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Exhibit A - Page 4
Ordinance No. 5759
Page 9