HomeMy WebLinkAboutOrdinance 5760 11/07/1994
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ORDINANCE NO.
5760
(GENERAL)
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AN ORDINANCE AMENDING ARTICLE 7 "METRO PLAN AMENDMENTS II OF THE SPRINGFIELD
DEVELOPMENT CODE.
THE CITY OF SPRINGFIELD DOES ORDAIN AS FOLLOWS:
section 1. Article 7 of the Springfield Development Code is hereby amended as
follows:
"ARTICLE 7
EUGENE-SPRINGFIELD METROPOLITAN AREA GENERAL PLAN AMENDMENTS
7.010
METRO PLAN AMENDMENT - PURPOSE.
The Metropolitan Area General Plan (Metro Plan) allows citizen initiated Type II
Metro Plan amendments to be initiated at any time. Amendments that require a
final decision from one or two jurisdictions shall be concluded within 120. days of
the initiation date. Amendments that require a final decision from all three
governing bodies shall be concluded within 180 days of the initiation date. The
City Council may initiate a Type I or Type II Metro Plan amendment at any time.
City Council initiated Metro Plan amendments are not subject to the 120 calendar
day review period as provided for in ORS 227.178. Metro Plan amendments shall be
made in accordance with the standards contained in Chapter IV of the Metro Plan
and the provisions of this Code.
7.020
METRO PLAN AMENDMENT - REVIEW.
.
(1) A Pre-Application Conference shall be encouraged prior to a formal Metro
Plan amendment application.
(2)
Metro Plan amendments shall be reviewed under the Type IV procedures
section 3.100 of the Springfield Development Code, EXCEPT that
Council initiated Metro Plan amendments are not subject to the
calendar day review period as provided for in ORS 227.178.
of
City
120
7.030
METRO PLAN AMENDMENT - DEFINITIONS.
AMENDMENT. An amendment to or change
refinement plan, or functional plan;
refinement plan or functional plan.
in: ( 1 )
or, ( 2) the
the text of the
diagram of the
Metro
Metro
Plan,
Plan,
METRO PLAN AMENDMENT - TYPE I. Any change to the Metro Plan which (1) changes the
urban growth boundary or the jurisdictional boundary of the Plan; (2) requires a
goal exception not related to a UGB expansion to be taken under statewide planning
goal 2; or, (3) is a non-site specific amendment of the Plan text.
METRO PLAN AMENDMENT - TYPE II. An amendment to the Metro Plan which is not
otherwise a Type I plan amendment and which: (1) changes the Plan diagram; or,
(2) is a site-specific Plan text amendment.
Ordinance No. 5760
Page 1
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METRO PLAN AMENDMENT - HOME CITY. The City of Springfield shall be the home City
for all site specific Type I and Type II Metro Plan amendments east of Interstate
s. The City of Eugene shall be the home City for all site specific Type I and
Type II Metro Plan amendments west of Interstate 5, including Glenwood. The
applicability of home City shall have no basis with respect to non-site specific
Type I Metro Plan amendments.
METRO PLAN AMENDMENT - INITIATION. Any of the three governing bodies may initiate
a Type I Metro Plan amendment at their discretion or, at their discretion,
initiate a Type I Metro Plan amendment on behalf of a citizen who has made such a
request. Any of the three governing bodies or a citizen who owns property that is
the subject of the proposed amendment may initiate a Type II Metro Plan amendment
at any time.
METRO PLAN AMENDMENT - REGIONAL IMPACT. Site specific Metro Plan amendments have
Regional Impact if the change in plan designation or site location will:
a. require an amendment of a jointly adopted functional plan including the Public
Facilities Plan, a Natural Resources Functional Plan or involves an amendment
to TransPlan, determined by the Transportation Planning Committee (TPC) to be
regional in nature, or order to provide the subject properties with an
adequate level of necessary urban services or facilities; or
b. have a demonstrable. impact on the water, storm drainage, sanitary sewer or
transportation facilities of the non-Home City; or
c. affect the'buildable land inventory in such a way as to impact the regional
supply by:
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significantly decreasing the net inventory of needed buildable land the
following plan designation categories:
Medium Density Residential
High Density Residential
Commercial
or;
significantly increasing the net inventory of buildable land in the
following plan designation categories:
Low Density Residential
Special Light Industrial
Light-Medium, IndustriaL
Heavy Industrial
except in the following two cases:
cl. a jurisdiction may amend the plan designations
reductions in buildable land caused by protection of
natural resources within its own jurisdiction, or
to compensate for
newly discovered
Ordinance No. 5760
Page 2
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c2. a jurisdiction
contiguous expansion
requirement.
may change a plan designation to
of an existing business with a
accommodate the
site specific
The non-home City may choose to participate in the site specific plan amendment
process, excluding amendments within city limits, if the non-home City adopts a
resolution determining that the proposed amendment has Regional Impact. Lane
County shall participate in all Metro Plan amendments outside of city limits.
7.040 METRO PLAN - INITIATION OF PLAN AMENDMENTS.
(1) WHO CAN INITIATE METRO PLAN AMENDMENTS. An amendment to the Metro Plan
can be initiated by the following persons or entities:
(a) Type I Non-Site Specific Text Amendments, UGBjPlan Boundary Changes
or Other Goal Exceptions:
Any of the three governing bodies.
1. The council may solicit a recommendation from the planning
commission before initiating this category of amendment.
2. A citizen may seek council initiation of a Metro Plan Type I
amendment by filing a written request with the city. A staff
report on the request shall be submitted to the council within
30 days of receipt of the request. At the direction of two
councilors, the request shall be placed on the council agenda
for discussion. The request shall be considered denied if the
council takes no action within 60 days of the date the staff
report is submitted to the council. The council need not hold
a public hearing on a private Type I amendment request and may
deny the request for any reason. A citizen seeking council
initiation of a site specific Metro Plan Type I amendment must
own the property subject to the amendment.
(b)
Type II Plan Diagram and Site Specific Text Amendments
1. Inside. the City limits: The Home City and citizens
2. Between the City limits and the Plan Boundary: Any of the
three governing bodies and citizens.
a. The council may solicit a recommendation from the, planning
commission before initiating this category of amendment. A
citizen initiating a Metro Plan Type II amendment must own the
property subject to the amendment
Ordinance No. 5760
Page 3
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b. A citizen may seek council initiation of a Metro Plan Type II
amendment subject to the above requirements regarding Metro
Plan Type I amendments initiated by the council at the request
of a citizen.
(2) WHEN PLAN AMENDMENTS CAN BE INITIATED. Amendments to the Metro Plan
shall be initiated and considered at the following times:
( a)
The city council may initiate a Type I
amendment at any time. Consideration of
shall begin immediately thereafter.
or Type
this type
II Metro Plan
of amendment
(b) Citizen initiated Type II Metro Plan amendments may be applied for
at any time. The initial public hearing on an application shall
take place within 60 days of acceptance of a complete application.
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(C) Consideration of a citizen initiated Metro Plan amendment shall be
postponed if the proposed amendment is also part of an existing
planned refinement plan or special area study adoption or amendment
process, or one that is scheduled to commence within three months of
the date of application submittal. Such a requested Metro Plan
amendment shall be considered in the legislative proceedings of the
refinement plan or special area study. If the refinement plan or
speciaL area ,study, process has not, begun "within.. the three, month
period, the Metro Plan amendment application process shall begin
immediately following the three month period. The Director, may,
except particular plan amendment applications; from postponement"
under this, subsection and require more immediate review if the
Director finds, that either there is a public need for earlier
consideration' or that review of the proposed" amendment ,. as part of a
general refinement plan or special area study adoption or amendment
process will interfere with timely completion of that process.
(3) WHERE A PLAN AMENDMENT APPLICATION IS FILED. Citizen initiated Metro
Plan amendment applications shall be filed in the planning office of the
home City if within the UGB, or with Lane County if outside the UGB and
the amendment is not a request to expand the UGB.
7.050 METRO PLAN - REFERRAL OF PLAN AMENDMENT.
All Metro Plan amendments outside the city, limits of ,Springfield ,shall. be referred
to the City of Eugene for, consideration of Regional Impact., Lane. County shall
participate, in the hearing'and decision, of, ' all Metro Plan amendments outside the
city limits." All Metro .Plan amendments inside, the city, limitsshalLbe ,referred,:
to the City of Eugene and Lane County so that they may participate as parties to
the hearing. All referrals shall occur within 10 days of the plan amendment
initiation date. Any referral that is provided for the purpose of determining
Regional Impact shall be answered by the referral jurisdiction within 45 days of
receipt of the referral. Failure of a jurisdiction to take action on the referral
within 45 days from the date of referral shall be deemed a finding of no Regional
Impact.
Ordinance No.
Page 4
5760
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If a referral jurisdiction adopts a resolution, ordinance, or order finding that
the proposed amendment has a Regional Impact that referral jurisdiction may
participate in the decision if they so choose. All jurisdictions participating in
the plan amendment decision process must approve the amendment in order to enact
the amendment.
7.060
METRO PLAN - PLAN AMENDMENT APPLICATION FEE.
The applicant for a citizen
application fee in an amount set
No application shall be processed
application fee is paid.
initiated Metro Plan amendment shall pay an
by the Council under Appendix 1 of this Code.
until it is complete and accurate and until the
7.070 METRO PLAN - APPROVAL OF A PLAN AMENDMENT.
(1) Type I
a) NON-SITE SPECIFIC - To become effective, a non-site specific Metro
Plan Text Type I amendment must be approved by all three governing
bodies.
b) SITE SPECIFIC - To become effective, a site specific Metro Plan Type I
amendment that involves a UGB or Plan Boundary change that crosses the
Willamette or McKenzie River, or that crosses over a ridge into a new
basin, or that involves a goal exception not related to a UGB
expansion, must be approved by all three governing bodies.
c) SITE SPECIFIC - To become effective, a site specific Metro Plan Type I
amendment that involves a UGB or Plan Boundary change must be approved
by the Home City and Lane County. Exception: If. the non-home City,
after referral of the proposal, determines that the amendment has
Regional Impact and, as a result of that determination, chooses to
participate in the hearing, all three governing bodies must approve
the amendment.
(2 )
TYPE II
a) INSIDE CITY LIMITS - To become effective, a Metro Plan Type II
amendment inside the city limits must be approved by the Home City.
b) BETWEEN THE CITY LIMITS AND PLAN BOUNDARY - To become effective, a
Metro Plan Type II amendment between the city limits and the Plan
Boundary must be approved by the Home City and Lane County.
Exception:. If the. non-home City, after referral of the proposal,
determines that the amendment has Regional Impact and, as a result of
that determination, chooses to participate in the hearing, all three
governing bodies must approve the amendment.
(3) CRITERIA FOR APPROVAL OF PLAN AMENDMENT. The following criteria shall be
applied by the City Council in approving or denying a Metro Plan
amendment application:
Ordinance No.
Page 5
5760
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(a)
The amendment
planning goals
Commission; and
must be consistent
adopted by the Land
with the relevant statewide
Conservation and Development
(b) Adoption of the amendment must not make the Metro Plan internally
inconsistent.
7.080 METRO PLAN - PLAN AMENDMENT APPROVAL PROCESS: SINGLE JURISDICTION.
(1) WHEN THE SINGLE JURISDICTION PROCESS IS USED. The following process
shall be used to consider Metro Plan Type II amendments inside the city
limits of Springfield.
(2) INVESTIGATION AND REPORT. Within 30 days after the Metro Plan amendment
initiation date, the planning staff shall investigate the facts bearing
on the amendment application, prepare a report, and submit it to the
planning commission. The report shall be mailed or delivered to affected
and interested parties at the time it is delivered to the commission.
(3) PLANNING COMMISSION CONSIDERATION. Within 30 days after receipt of the
staff report, the planning commission shall hold a public hearing to
consider the proposed Metro Plan amendment. At least 20 days before the
hearing, noticeo! the hearing shall be published in a local newspaper of
general circulation and mailed to the applicant and to persons who have
requested notice. At least 20 days before the hearing, notice of the
hearing shall also be mailed to the owners and occupants of properties
that are the subject of the proposed amendment and to property owners of
record within 300 feet of the subject property. The content of the
notice and conduct of the hearing on the amendment shall be as required
by this Code and state law. The Planning Commission shall review the
proposed amendment and receive evidence and testimony on whether the
proposed change can be justified under the approval criteria. Within 30
days after the public hearing and close of the evidentiary record, the
Planning Commission shall adopt a written recommendation on the proposed
amendment.
The recommendation shall contain findings and conclusions on whether the
proposal or a modified proposal meets the approval criteria.
(4) CITY COUNCIL ACTION. Within 45 days after Planning Commission action on
the proposed Metro Plan amendment, the City Council shall hold a public
hearing on the proposed amendment. The Council's decision shall be based
solely on the evidentiary record created before the Planning Commission.
No new evidence shall be allowed at the Council hear:ing. Within 30 days
after the public hearing, the Council shall approve, modify and approve,
or deny the proposed amendment. The Council shall take this action by
ordinance with adopted findings and conclusions on whether the proposal
or a modified proposal meets the approval criteria. The action of the
City Council is final.
Ordinance No. 5760
Page 6
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7.090
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 Type II amendments when Springfield is the
Home City and Lane County must participate in the decision and the City
of Eugene has chosen not to participate after consideration of a
referral.
(2) INVESTIGATION AND REPORT. Within 30 days after a response is received
from the City of Eugene or within 50 days after the Metro Plan amendment
initiation date if no response is received, the planning staff of the
home jurisdiction where the proposed Metro Plan amendment was submitted
shall investigate the facts bearing on the application, prepare a report,
and submit it to the planning commissions of both affected jurisdictions.
The report shall be mailed or delivered to affected and interested
parties at the time it is delivered to the two commissions.
(3) PLANNING COMMISSION CONSIDERATION. Within 30 days after receipt of the
staff report the planning commissions of both affected jurisdictions
shall hold a joint public hearing to consider the proposed Metro Plan
amendment. The provisions of section 7.080(3) of this Code apply to the
joint planning commission hearing and decision on a proposed Metro Plan
amendment. Within 30 days after the joint public hearing and close of
the evidentiary' record" both planning commissions shall make a
recommendation to their governing bodies on the proposed Metro Plan
amendment.
(4) GOVERNING BODY ACTION. Within 30 days after the date the last planning
commission acts on the Metro Plan amendment,' the governing bodies of both,
affected jurisdictions shall hold a joint public hearing on the proposed
amendment. The governing bodies' decisions shall be based solely on the
evidentiary record created before the planning commissions. No new
evidence shall be allowed at the governing body joint hearing. Within 30
days after the joint public hearing, both governing bodies shall approve,
modify and approve, or deny the proposed Metro Plan amendment.
Both governing bodies shall take action by ordinance, with adopted
findings and conclusions on whether the proposal or modified proposal
meets the approval criteria. The actions of the governing bodies are
final if they are identical. The date the last governing body acts shall
be the date the decision becomes effective.
(5 )
CONFLICT RESOLUTION PROCESS. The
the governing bodies do not enact
Metro Plan amendment.
following process shall be used when
identical decisions on the proposed
(a) The Metro Plan amendment shall be referred to the Metropolitan
Policy Committee within 5 days after the last governing body action.
Ordinance No. 5760
Page 7
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The Metropolitan Policy Committee shall meet within 30 days of the
referral to hear comments on the proposed amendment from the
applicant, staff of the affected jurisdictions, and interested
persons. The committee may develop a recommendation to the
governing bodies on the proposed amendment. The Metro Plan
amendment shall be denied if the committee fails to act within 30
days of the referral date or if the governing bodies fail to adopt
identical plan amendment actions within 45 days of receiving a
recommendation from the committee.
(b)
If the plan amendment is denied because of lack of consensus or
committee inaction, within 5 days the Director of the home
jurisdiction where the application originated shall issue a denial
decision on the amendment containing findings and conclusions on why
the proposed amendment does not meet the approval criteria. Those
findings and conclusions may incorporate findings and conclusions
previously adopted by one or both of the governing bodies. The
decision of the Director is final.
7.100
METRO PLAN - PLAN AMENDMENT APPROVAL PROCESS: THREE JURISDICTIONS.
(1) WHEN THE THREE JURISDICTION PROCESS IS USED. The following process shall
be used to approve Metro Plan Type I amendments and Type II amendments
where all three jurisdictions participate in the decision.
(2) INVESTIGATION AND REPORT. Within 30 days after responses are received
from both referral jurisdictions or within 50 days after the Metro Plan.
amendment initiation date if no response is received, the planning staff
of the home jurisdiction where the proposed amendment was submitted shall
investigate the facts bearing on the application, prepare a report, and
submit it to the planning commissions of all three jurisdictions. The
report shall be mailed or delivered to affected and interested parties at
the same time it is delivered to the three planning commissions.
(3) PLANNING COMMISSION CONSIDERATION. Within 30 days after receipt of the
staff report, the planning commissions of Springfield, Eugene and Lane
County shall hold a joint public hearing on the proposed plan amendments.
The provisions of Section 7.080(3) of this Code apply to the joint
planning commission hearing. Within 30 days after the proposed plan
amendment hearing and close of the evidentiary record, each planning
commission shall make a recommendation to its governing body on the
proposed Metro Plan amendment.
(4) GOVERNING BODIES ACTION. Within 30 days after' the last planning
commission acts on the Metro Plan amendment proposal, the governing
bodies of Springfield, Eugene, and Lane County shall hold a joint public
hearing on the plan amendment. The governing bodies' decision shall be
based solely on the evidentiary record created before the planning
commissions. No new evidence shall be allowed at the governing body
joint hearing.
Ordinance No. 5760
Page 8
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Within 30 days after the joint public hearing, each governing body shall
approve, modify and approve, or deny the proposed Metro Plan amendment.
Each governing body shall take action by ordinance with adopted findings
and conclusions on whether the proposal or modified proposal meets the
approval criteria. The actions of the governing bodies are final if all
three governing bodies adopt identical decisions. The date the last
governing body acts shall be the date the action becomes effective. The
conflict resolution provisions of Section 7.090(5) of this Code apply if
the governing bodies do not adopt identical ordinances.
7.110
METRO PLAN - PLAN AMENDMENT PROCESSES: GENERAL PROVISIONS.
(1) PROCESS FOR GOVERNMENT INITIATED PLAN AMENDMENTS. A different process,
time line, or both, than the processes and time lines specified in
Sections 7.080, 7.090, 7.100 of this Code may be established by the
governing bodies of Springfield, Eugene and Lane County for any
government initiated Metro Plan amendment.
(2) TIME FRAME WAIVER. The time frames prescribed in connection with the
Metro Plan amendment processes can be waived if affected property owners
agree to the waiver.
(3) BAR ON RESUBMITTAL. No privately initiated Metro Plan amendment
application to Springfield shall be considered if a substantially similar
or identical plan amendment has been denied within the year prior to the
application date unless the facts forming the basis for the denial have
changed so as to allow approval. The Director shall determine whether
the proposed amendment is substantially similar or identical after
providing the applicant with an opportunity to comment on the matter in
writing.
(4) RELATIONSHIP TO REFINEMENT PLAN OR FUNCTIONAL PLAN AMENDMENTS. When a
Metro Plan amendment is enacted that requires an amendment to a
refinement plan or functional plan diagram or map for consistency, the
Metro Plan diagram amendment automatically amends the refinement plan or
functional plan diagram or map if no amendment to the refinement plan or
functional plan text is involved. When a Metro Plan diagram amendment
requires a refinement plan or functional plan diagram or map and text
amendment for consistency, the Metro Plan, refinement plan and functional
plan amendments shall be processed concurrently.
(5) 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 jurisdictions.
Ordinance No. 5760
Page 9
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(6) SEVERABILITY OF PLAN AMENDMENT ADOPTION ACTIONS. When identical action
is required of two or three governing bodies on a Metro Plan amendment,
and the amendment results in a number of different plan changes, the
following applies. Unless otherwise specified in the adoption ordinance
of any of the governing bodies, action by all of the governing bodies to
adopt some but not all of the plan changes shall result in the adoption
of the changes for which there is consensus and the forwarding of only
those changes for which there is not consensus to the Metropolitan Policy
Committee under Sections 7.090(5) and 7.100(4) of this Code.
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.
Section 3. While not just part of this Ordinance, Findings in attached Exhibit
"A" are adopted in support of this decision.
ADOPTED by the Common Council of the City of
November , 1994 by a vote of 6 for and 0
Springfield this ~day of
against.
APPROVED by the Mayor
thiS-:{:7th ay of . November , 1994.
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Ordinance No. 5760
Page 10
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EXHIBIT A
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Findings in Support of Ordinance No. 5760
(Development Code Amendment)
Amendment to Article 7 EUGENE-SPRINGFIELD METROPOLITAN AREA
AMENDMENTS of the Springfield Development Code providing for a
amendmend the Metro Plan.
GENERAL PLAN
new process to
These amendments establish new terms and methods to process Metro Plan amendments.
In summary, these changes provide for: 1) classifying amendments as Type I and
Type II. A Type I may be initiated unilaterally by a governing body at any time.
a Type II may be initiated unilaterally by a governing body at any time or by a
citizen at any time who owns the property subject to the amendment; 2) identifying
Springfield as the home city for all amendments affecting land within the Plan
boundary east of 1-5 (excluding Glenwood) and Eugne as the home city for all
amendments affecting land within the Plan boundary west of 1-5 (inlcuding
Glenwood); 3) unilateral decision authority for the home city for requests within
city limits; 4) mandatory County participation on all amendments outside of city
limits; 5) non-home city participation (at their option) for amendments outside
city limits that have Regional Impact; 6) mandatory participation of all governing
bodies for UGB amendments that cross rivers or ridges not currently within UGB;
and, 7) 120 day processing time for 1 or 2 jurisdictions and 180 days for 3
jurisdiction process.
Amendments to the Springfield Development Code must be based on conformance to the
following criteria of SDC 8.030:
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(1)
The Metro Plan
(2)
Applicable State statues; and,
(3) Applicable State-wide Planning Goals and Administrative Rules.
Confor.mance to the Metro Plan
These proposed amendments to the SDC are consistent with the Metro Plan in the
following regards:
II Purpose
7. Establishes a means for consistent and coordinated planning decisions by all
public agencies and across jurisdictional lines. (I-2)"
All proposed amendments are referred to the other jurisdictions for comments.
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 Board to participate in
the decision. Citizens may initiate Type II amendments lat any time rather
than waiting until July 1 or January 1. All proposed amendments involving
one or two jurisdictions are processed within 120 days rather than no date
certain. Criteria for each jurisdiction is uniform.
.
Exhibit A - Page 1
Ordinance No. 5760
Page 11
"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)"
The process undertaken to draft the proposed amendment process was authorized
by the Metropolitan Policy Committee and included advertised meetings 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; and July 21, 1994. The Springfield City
Council conducted a public hearing on October 24, 1994. At each of these
meetings the public was invited to comment on the proposals.
Citizen initiated amendment proposals are no longer limited to twice annual
application deadlines: applications may be submitted at any time.
Lane County Planning Commission and Board of Commissioners will participate
in all proposals outside city limits thereby affording non-city residents
with direct access to their elected representatives.
"Plan Review
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In order for the Metropolitan Area General Plan to serve as an effective
policy device to guide change and development, it must be adaptable to the
changing circumstances and needs of the community.
Changes to the Metropolitan Plan may occur: 1) as the result of the
periodic review requirements; 2) through amendments initiat~d by any
the three governing bodies; 3) as the result of major updates; and 4)
result of citizen-initiated amendment requests. (IV-1)"
State's
one of
as the
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;
opportunites 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 ~o 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 th~ 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. Again, the ability to consider
amendments in a timely manner and with the certainty of a hearing is
responsive to the question of "adaptability to changing circumstances and
needs of the community". .
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Exhibit A - Page 2
Ordinance No. 5760
Page 12
Applicable State Statutes
.
ORS 197.175 requires cities and counties to: "prepare, adopt, amend and
revise comprehensive plans in compliance with goals approved by the
commissionn; enact land use regulations to implement their comprehensive
plans; and make land use decisions and limited land use decisions in
compliance with the acknowledged plan and land use regulations."
The proposed amendments to Article 7 are consistent with, and implement the
proposed amendments to Article IV of the Metro Plan in the following regards:
1) plan amendments are classified as Type I or Type II amendments with
definitions of each; 2) initiation of plan amendments are vested with each
jurisdiction independently; 3) citizens may initiate Type II amendments at
any time provided they own the property subject to the amendment; 4) only a
governing body may initiate a refinement plan, a functional plan, a special
area study or periodic review; 5) the non-home city may participate in the
decision of a site-specific plan amendment within the urban transition area
if it is found that Regional Impact would occur; 6) the plan may be amended
without causing Regional Impact if the amendment is carried out to compensate
for reductions in buildable land caused by protection of newly discovered
natural resources or if the amendment is intended to accommodate the
continguous expansion of an existing business with a site specific
requirement; and 7) one or two jurisdiction amendments shall be processed in
120 days.
In addition to the foregoing, Article 7 establishes the following criteria:
.
a) The amendment must be consistent with the relevant statewide planning
goals adopted by the Land Conservation and Development Commission; and
b) Adoption of the amendment must not make the Me~ro Plan internally
inconsistent. I
Applicable State-wide Planning Goals and Administrative Rules
"Goal 1 Citizen Involvement - Ensure the opportunity for citizens to be
involved in all phases of the planning process. II
See findings on page 2 under "Citizen Involvement".
"Goa12 Land Use Planning - Establish a land use planning 'process and policy
framework as a basis for all decision and actions related;to use of land and
to assure an adequate factual base of such decisions and actions. II
The language embodied by Article 7 details what a plan amendment is; who,
when and how amendments may be initiated; the process for reviewing
amendments; and the criteria of approval. The standards and requirements of
Article 7 implement the amendment provisions of Chapter IV of the Metro Plan
(see findings this page under "Applicable State Statutes") .
Exhibit A - Page 3
Ord i nanced-lo. ~)5:Z60
Page 13
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OAR 660 Division 18 Plan and Land Use Regulation Amendment Review Rule
660-18-020 A proposal
comprehensive plan or land
regulation shall be submitted
final hearing on adoption.
to amend a local government acknowledged
use regulation or to adopt a new land use
to the Director at least 45 days before the
On August 2, 1994, a letter with attached copy of the proposed changes
Article 7 was sent to Mr. Richard Benner, Director of the Department of
Conservation and Development.
to
Land
OAR 660-18-040(1) - Amendments to acknowledged comprehensive plans or land
use regulations adopted by local governments and findings to support the
adoption shall be mailed or otherwise submiktted to the Director within 5
working days after the final decision by the government body and shall be
accompanied by appropriate forms provided by the Director.
The City will comply with this rule as required. Final action is anticipated
on November 21, 1994.
Exhibit A - Rage 4
Ordinance No. 5760
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