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HomeMy WebLinkAboutItem 01 A Proposal to Amend the Metro Plan Boundary East of Interstate 5 Planning File #TYP411-00003 AGENDA ITEM SUMMARY Meeting Date: 3/13/2012 Meeting Type:Regular Meeting Staff Contact/Dept.: Steve Hopkins, DSD Staff Phone No: 726-3649 Estimated Time: 60 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: Preserve Hometown Feel, Livability, and Environmental Quality ITEM TITLE: A PROPOSAL TO AMEND THE METRO PLAN BOUNDARY EAST OF INTERSTATE 5. PLANNING FILE #TYP411-00003. ACTION REQUESTED: Conduct a joint hearing and first reading of the following Ordinance: AN ORDINANCE AMENDING THE EUGENE-SPRINGFIELD METROPOLITAN AREA GENERAL PLAN (METRO PLAN) BY ADOPTING A NEW METRO PLAN BOUNDARY THAT IS COTERMINOUS WITH THE CITY OF SPRINGFIELD URBAN GROWTH BOUNDARY EAST OF INTERSTATE 5; AND ADOPTING SAVINGS AND SEVERABILITY CLAUSES. ISSUE STATEMENT: Lane County is proposing to remove 8,128 acres from the Eugene-Springfield Metropolitan Area General Plan (Metro Plan), east of Interstate 5. ATTACHMENTS: Attachment 1: Council briefing memo Attachment 2: Metro Plan Boundary Adjustment Project Area Attachment 3: Draft Ordinance Attachment 4: Lane County staff report and packet DISCUSSION/ FINANCIAL IMPACT: Lane County has proposed amending the Metro Plan boundary to become coincident with the newly refined Springfield urban growth boundary (UGB). This action will move 8,128 acres from the jurisdiction of the Metro Plan to the Lane County Rural Comprehensive Plan. The planning commissions of Lane County, Eugene and Springfield held a joint hearing on July 19, 2011. Two issues raised during the hearing were especially significant to Springfield. The first issue is Springfield’s role in decision-making outside the UGB. The Metro Plan allows Springfield and/or Eugene to participate as decision makers for any proposal within the Metro Plan boundary that is determined to be regionally significant. If the proposal is approved, Springfield will no longer participate as a decision maker on proposals of regional significance outside the UGB. Instead, Springfield could participate only as an affected party with the right to appeal. The second issue is protection of Springfield’s drinking water source. Approximately 60% of Springfield’s drinking water comes from an area south of the Mill Race that is outside the UGB but inside the Metro Plan boundary. At the public hearing and in written testimony, SUB has expressed concern that the proposal “could unintentionally weaken Springfield’s ability to protect its drinking water source areas”. The Lane County Planning Commission recommended 7:2 that the proposal be denied. The Springfield Planning Commission recommended 4:2 that the proposal be approved with the condition that an Intergovernmental Agreement (IGA) between Lane County and Springfield be established to help govern the Springfield Utility Board’s drinking water resource area. The Eugene Planning Commission recommended 3:2 that the proposal be approved. M E M O R A N D U M City of Springfield Date: 3/13/2012 To: Gino Grimaldi COUNCIL From: Greg Mott, Planning Manager Steve Hopkins, Senior Planner BRIEFING Subject: Amendment to the Metro Plan boundary MEMORANDUM ISSUE: Lane County is proposing to remove 8,128 acres from the Eugene-Springfield Metropolitan Area General Plan (Metro Plan), east of Interstate 5. COUNCIL GOALS/ MANDATE: Preserve Hometown Feel, Livability, and Environmental Quality BACKGROUND: Lane County is proposing to amend the Metro Plan boundary so it is the same (coincident) as the Springfield UGB. The Lane County staff report contains a comprehensive discussion of the reasons the county is requesting this amendment, and the associated actions that will implement this Metro Plan Boundary amendment. For Lane County’s proposal to pass, it must be approved by all three jurisdictions. The Metro Plan Boundary and the Springfield UGB are only coincident at three locations: on the eastern boundary, near the Riverbend area and at Hayden Bridge where it crosses the McKenzie River. Refer to Attachment 2. There are 8,128 acres east of I-5 that are outside the Springfield UGB, but inside the Metro Plan. The County’s proposal will remove those 8,128 acres from the Metro Plan and place them into the Lane County Rural Comprehensive Plan. Chapter IV of the Metro Plan contains the policies, objectives and procedures for amending the Metro Plan. It allows Springfield and/or Eugene to participate as decision makers for any proposal within the Metro Plan boundary that is determined to be regionally significant. Proposals that are considered regionally significant include changes that significantly affect the buildable land inventory, or have a demonstrable impact on water, storm drainage, wastewater or transportation facilities of the non-home city. As a result, Springfield has authority to act as a decision maker on proposals outside its UGB. On July 19, 2011, the Planning Commissions of Springfield, Eugene and Lane County held a hearing on Lane County’s proposal to amend the Metro Plan boundary. The hearing was closed on August 26, but the record was left open until September 13. Deliberations occurred on October 25. Two issues raised during the Planning Commission hearing were especially significant to Springfield. The first issue is Springfield’s role in decision-making outside the UGB. If the proposal is approved, Springfield will no longer participate as a decision maker on proposals of regional significance outside the UGB. Instead, Springfield could participate only as an affected party with the right to appeal. The Council will need to determine if this is an appropriate level of participation for the City of Springfield. The second issue is protection of Springfield drinking water. Approximately 60% of Springfield’s drinking water comes from an area south of the Mill Race that is outside the UGB but inside the Metro Plan boundary. The city’s drinking water protections do not apply outside the UGB and the county does not have regulations that specifically address all of the issues included in Springfield’s drinking water protection plan. The Springfield Utility Board (SUB) has relied upon the City of Springfield Attachment 1-1 MEMORANDUM 3/7/2012 Page 2 participating as a decision maker in this area to address their concerns regarding drinking water source protection. At the public hearing and in written testimony, SUB has expressed concern the proposal “could unintentionally weaken Springfield’s ability to protect its drinking water source areas”. Although the city could participate in the public process, it would no longer have the ability to deny a proposal that could negatively impact the drinking water source. The only recourse would be the appeal process. At the hearing on July 19, the Planning Commissions were presented with three options to address the drinking water issue raised by SUB. Those options were: 1. Amend the Metro Plan boundary to be coterminous with the UGB, except for the drinking water source areas. All Metro Plan policies would continue to apply in these areas remaining within the Metro Plan boundary. 2. Amend the Metro Plan boundary to be coterminous with the UGB, and create a permanent Intergovernmental Agreement (IGA) to allow the City of Springfield to be a decision-maker in all land use decisions and Rural Comprehensive Plan amendments that could impact the drinking water resource areas. 3. Amend the Metro Plan boundary to be coterminous with the UGB, and request Lane County adopt a drinking water protection plan for SUB’s drinking water resource areas. The recommendations of the Planning Commissions on the proposal to amend the Metro Plan boundary were not unanimous. The Lane County Planning Commission recommended 7:2 that the proposal be denied. The Springfield Planning Commission recommended 4:2 that the proposal be approved with the condition that an Intergovernmental Agreement (IGA) between Lane County and Springfield be established to help govern the Springfield Utility Board’s drinking water resource area. The Eugene Planning Commission recommended 3:2 that the proposal be approved. RECOMMENDED ACTION: The policy issues before the Council are: 1) should the Metro Plan boundary be amended, and 2) should Springfield retain decision-making authority outside its UGB, and 3) how the drinking water issue should be addressed. Attachment 1-2 Metro Plan Boundary AdjustmentProject Area G:\MapRequests\Miller_Keir\Metro_Plan_Boundary\Metro_Plan_Boundary_Adjustment_ID6_v10.mxd Phase 1 Phase 2 Project AreaMetro Planning Boundary - ExistingUGB Surface WaterRoads± 024Miles The information on this map was derived from digital databases on the Lane County regionalgeographic information system. Care was taken in the creation of this map, but is provided “asis”. Lane County cannot accept any responsibility for errors, omissions or positional accuracy inthe digital data or the underlying records. Current plan designation, zoning, etc., for specificp arcels should be confirmed with the appropriate agency. There are no warranties, expressedor implied, accompanying this product. However, notification of any errors will be appreciated. 024Miles Lane County, Oregon Drawn By:Date:Revised:4/5/20114/5/2011LCPWGRLAttachment 2-1 ORDINANCE NO. _______ AN ORDINANCE AMENDING THE EUGENE-SPRINGFIELD METROPOLITAN AREA GENERAL PLAN (METRO PLAN) BY ADOPTING A NEW METRO PLAN BOUNDARY THAT IS COTERMINOUS WITH THE CITY OF SPRINGFIELD URBAN GROWTH BOUNDARY EAST OF INTERSTATE 5; AND ADOPTING SAVINGS AND SEVERABILITY CLAUSES. THE COMMON COUNCIL OF THE CITY OF SPRINGFIELD FINDS THAT: WHEREAS, Springfield Development Code Section 5.14-100 sets forth procedures for the amendment of the Eugene Springfield Metropolitan Area General Plan (Metro Plan): and WHEREAS, on July 19, 2011, the Springfield, Eugene and Lane County Planning Commissions jointly conducted a public hearing regarding the Metro Plan boundary amendment and the hearing was continued to August 16, 2011 and; WHEREAS, on October 25, 2011, the Springfield Planning Commission voted 4 to 2, to recommend approval to the Springfield City Council of the Metro Plan boundary amendment, and to create an intergovernmental agreement between the City of Springfield and Lane County to help govern the drinking water source area; and WHEREAS, on March 13, 2012, the elected officials of Lane County, the City of Springfield and the City of Eugene jointly conducted a public hearing regarding the Metro Plan boundary amendment; and WHEREAS, evidence exists in the record indicating that the proposal meets the requirements of the Eugene-Springfield Metropolitan Area General Plan, Springfield Development Code and applicable state law; and WHEREAS, timely and sufficient notice of the public hearings, has been provided in accordance with SDC Section 5.2-115; and WHEREAS, the public record contains complete documentation of the Metro Plan boundary amendment (Springfield file number - TYP411-00003; Lane County file number PA 11-5092) and hereby is incorporated into the record for this proceeding by reference; and WHEREAS, the Springfield City Council is now ready to take action on Metro Plan boundary amendment based upon the above recommendation and the evidence and testimony already in the record as well as the evidence and testimony presented at this public hearing; Attachment 3-1 NOW THEREFORE, THE CITY OF SPRINGFIELD ORDAINS AS FOLLOWS: SECTION 1: The Eugene-Springfield Metropolitan Area General Plan (Metro Plan) - official Plan Diagram Map, as depicted in Section II-G pages 17 and 18 of the Metro Plan and contained in Exhibit A to this Ordinance is hereby amended as shown on the Plan Diagram Map contained in Exhibit B attached and incorporated herein, to reflect a new Metro Plan boundary that is coterminous with the separate City of Springfield Urban Growth Boundary (UGB) east of Interstate 5 as established by city and county ordinances. Although the exhibits show Metro Plan land use designations, this Ordinance only amends the Plan Diagram Map by relocating the Metro Plan boundary; this Ordinance does not have any effect on plan designations that apply to properties within the current or new Metro Plan boundary and no previously adopted land use designations shall be affected by this Ordinance. SECTION 2: The Metro Plan – official Plan Boundary Map, depicted in Section II-G pages 19 and 20 of the Metro Plan and contained in Exhibit C to this Ordinance is hereby repealed and replaced with the amended Plan Diagram Map contained in Exhibit D attached and incorporated herein, to reflect a new Metro Plan boundary that is coterminous with the City of Springfield Urban Growth Boundary east of Interstate 5. SECTION 3: The prior policies and plan designations repealed or changed by this Ordinance remain in full force and effect to authorize prosecution of persons in violation thereof prior to the effective date of this Ordinance. SECTION 4: If any section, subsection, sentence, clause, phrase or portion of this Ordinance is for any reason held invalid or unconstitutional by a court of competent jurisdiction, such portion shall be deemed a separate, distinct and individual provision and such holding shall not affect the validity of the remaining portions of this Ordinance. SECTION 5: Notwithstanding the effective date of ordinances as provided by Section 2.110 of the Springfield Municipal Code 1997, this Ordinance shall become effective 30 days from the date of passage by the City Council and approval by the Mayor, or upon the date of its acknowledgement as provided by ORS 197.625, whichever date is later, provided that by that date the Eugene City Council and the Lane County Board of Commissioners have adopted ordinances containing identical provisions to those described in Sections 1 and 2 of this Ordinance. SECTION 6: Although not part of this Ordinance, the City of Springfield City Council adopts findings and conclusions in support of this action as set forth in Exhibit E attached and incorporated here by this reference. ADOPTED by the Common Council of the City of Springfield by a vote of ____ for and ___ against, this ____ day of ______________, 2012. APPROVED by the Mayor of the City of Springfield, this ____ day of _____________, 2012. ATTEST: ______________________________________ Mayor ______________________________________ City Recorder Attachment 3-2 (The interpretation and purpose of the Plan Diagram, and descriptions of the land uses and symbols shown, are contained in Chapter II-G.) 4/08/04 The information on this map was derived from digital databases on Lane Council of Governments’ regional geographic information system. Care was taken in the creation of this map, but it is provided "as is". LCOG cannot accept any responsibility for errors, omissions, or positional accuracy in the digital data or the underlying records. Current plan designation, zoning, etc., for specific parcels should be confirmed with the appropriate governmental entity - Eugene, Springfield, or Lane County - with responsibility for planning and development of the parcel. There are no warranties, express or implied, accompanying this product. However, notification of any errors will be appreciated. VALID AT 11X17 SCALE ONLY Exhibit A-1 Attachment 3-1 E ST 58T H ST 4 8T H S T CR O W R D 42ND ST O A K W AY R D R I V E R R D H W Y 99 N S EN EC A RD R I V E R R D JASPE R RD GATEWAY ST C HA MB ER S ST I - 5 I-5 BE RTE LS EN RD I-5 PAR K AV E N I-5 TE RRY G A M E F A RM R D N ECHO HOLLOW RD DANEBO 35TH ST W 11TH AVE RD AG ATE W 5T H AVE BELTLINE RD CHAD W 1 ST AVE W 7 T H AVE W 11TH AVE THUR STON RD E A M A Z O N D R HE ND ER SO N WILLAMETTE ST MAXWELL RD ROYA L AVE SPRIN G 5TH ST DELTA HWY GONYEA CRE ST DR ISLAND PARK 31ST ST 1 9T H S T W D ST E 40TH GARDEN WAY BELT LIN E RD 32ND ST DONALD ST 28T H S T E 30TH AVE E 33R D AVE JEFFERSON ST HARLOW RD W 28TH AVE 3 1 S T ST E 18TH AVE E 4 3 R D AV E E 24TH AVE COBURG RD W 18TH AVE A IRPOR T RD CI TY V IE W ST H ILYARD ST W 6T H AVE G RE EN H ILL R D GREEN ACRES MAIN ST MAIN ST IRV INGTON DR DILLARD R D W 7T H AVE BAILEY HILL RD GOODPA S T U RE GR EE N HIL L RD MARCOLA RD G A M E F A R M R D COMMER CIAL S T AG ATE S T NORKENZIE RD MOHAWK BLVD GARFIELD ST AM A Z O N PK WY H W Y 99 N SPENCER CREEK RD P R A I R I E R D PATT ER SO N ST F R A N K L I N B LV D BARGE R AVE M cK ENZ IE HW Y CA MP CREEK RD WILLAGILLESPIE W A M A Z O N D R CAL YOUNG RD H AYD EN BR IDG E RD P I O N E E R P K W Y EU G-SPR H WY AWBREY LN FRANKLIN BLVD N. DELTA HWY FOX HOLLOW RD L O R A NE HWY C O B U R G R D HAY DEN BRIDGE RD BEACON DR E BELTLINE RD C LEAR LAKE RD N O R T H W E S T E X P R E S S W A Y WILLAMETTE ST E 30TH AVE ROOSEVE LT BLVD W IL L OW CRE EK RD BAILEY H I L L R D CENT EN NIA L B LVD NORTH W EST EXPRESS WAY C O BURG RD HWY 58 S P R I N G FI E LD - C R E S W E LL H W Y GIMPL HILL R D MCKENZIE VIEW DRIVE IRVING RD ROYAL AVE CREST DR CRESCENT DR I-105 HORN BEACON DR W W 13TH AVE W 11TH AVE W 29TH AVE ND ND NDND NDND ND ND ND ND NDNDND 07,000ft ® The information on this map was derived from digitaldatabases on Lane Council of Governments' regionalgeographic information system. Care was taken inthe creation of this map, but it is provided "as is".LCOG cannot accept any responsibility for errors,omissions, or positional accuracy in the digital dataor the underlying records. Current plan designation,zoning, etc., for specific parcels should be confirmedwith the appropriate governmental entity - Eugene,Springfield, or Lane County - with responsibility forplanning and development of the parcel. There are nowarranties, express or implied, accompanying this product.However, notification of any errors will be appreciated. Eugene-SpringfieldMetropolitan AreaGeneral Plan Plan Diagram (The interpretation and purpose of the Plan Diagram, and descriptions of the land uses and symbols shown, are contained in Chapter II-G.) 04/12/11 ND VALID AT 11x17 SCALE ONLY UGB Metro Plan Boundary Coterminous UGB/Metro Plan Boundary Railroads Rivers and Ponds Overlays: Mixed Use Areas Nodal Development Area Willamette Greenway Low Density Residential Medium Density Residential High Density Residential Nodal Development Commercial Major Retail Center Heavy Industrial Special Heavy Industrial Light Medium Industrial Campus Industrial University Research Government & Education Parks and Open Space Natural Resource Sand and Gravel Agriculture Forest Land Rural Residential Rural Commercial Rural Industrial Airport Reserve Coterminous UGB/Metro Plan Boundary (East of I-5) Proposed Changes To:Exhibit B-1 Attachment 3-1 Exhibit C-1 Attachment 3-1 A Z Y X W V U T S R Q P C B Exhibit D-1 Attachment 3-1 Exhibit E to Attachment 1 Page 1 of 24 FINDINGS OF FACT AND CONCLUSIONS OF LAW In support of Ordinance Nos. PA 1281, PA 1283, PA1284, and Ordinance No. 2 -12 The following criteria analysis is categorized by Plan Document and Sections identified in bold, followed by staff’s findings. The elected officials of Eugene and Springfield may limit their review the criteria solely related to LC Ch. 12, the Metro Plan and the Statewide Planning Goals, Administrative Rules and Statues. APPLICABLE LANE CODE CH. 16.400 RURAL COMPREHENSIVE PLAN AMENDMENT CRITERIA (6) Plan Adoption or Amendment - General Procedures. The Rural Comprehensive Plan, or any component of such Plan, shall be adopted or amended in accordance with the following procedures: (a) Referral to Planning Commission. Before the Board takes any action on a Rural Comprehensive Plan component, or an amendment to such Plan component, a report and recommendation thereon shall be requested from the County Planning Commission and a reasonable time allowed for the submission of such report and recommendation. In the event the Rural Comprehensive Plan component, or amendment applies to a limited geographic area, only the Planning Commission having jurisdiction of that area need receive such referral. Finding 1: This Plan Amendment proposal was initiated by Land Management Division staff at the direction of the Lane County Board of County Commissioners (BCC) as a high priority item in the adopted 2011 Long Range Planning Program. Therefore, Lane County is the applicant in this case. There are five items contained in this amendment proposal. They are: 1. An amendment to the official Metro Plan diagram and boundary maps to modify the Metro Plan boundary east of Interstate 5 so that the resultant boundary is coterminous with the parcel specific Urban Growth Boundary that has been developed by the City of Springfield; 2. An amendment to the official Lane County Rural Comprehensive Plan maps to delineate the City of Springfield’s parcel specific UGB boundary location pursuant to OAR 660-024-0020(2); 3. The adoption of correctly corresponding Rural Comprehensive Plan (RCP) designations to lands previously designated under the Metro Plan; 4. An update to the rural residential zoning of properties removed from the Metro Plan to maintain consistency with residential zoning regulations applied to lands within the RCP. This change will apply Lane Code 16.291 to properties previously zoned under Lane Code 16.231 and; 5. An amendment to the RCP policies and Lane Code to apply existing Goal 5 Metro Plan Policies to Goal 5 resources removed from the Metro and amend Lane Code 16.253 (Riparian Regulations) to maintain existing safe harbor riparian setback regulations to lands removed from the Metro Plan. Exhibit E-1 Attachment 3-1 Exhibit E to Attachment 1 Page 2 of 24 Throughout these findings the amendments listed above are simply referred to as “this amendment, “the(se) amendments” or “the(se) proposed amendments”. These amendments include both RCP components, and an amendment to the Eugene- Springfield Metropolitan Area General Plan (Metro Plan). Item No. 1 is a Metro Plan Amendment and the other four items constitute an amendments to the Lane County Rural RCP. As this Amendment deals with the Metro Plan, specific criteria direct a tri-jurisdictional referral and review with the Lane County Planning Commissioners (LCPC), and the Planning Commissioners of Springfield and Eugene, and the City Councils of Springfield and Eugene. Items 2 – 5, which are RCP amendments will require the sole recommendation of the LCPC to the BCC. This is because once the Metro Plan boundary is adjusted to Springfield’s Urban Growth Boundary, the geographic area will be subject to Lane County’s RCP within the sole planning jurisdiction the Lane County. Therefore, items related to the RCP will be evaluated with findings in these Code sections below. (Findings of consistency concerning the Metro Plan components can be found later in this application in LC Ch. 12, and Metro Plan sections). A staff report will be mailed to each of the Commissioners prior to the public hearing to assist in their recommendations as required above. Therefore, this request is in conformance with the criteria above. (b) Planning Commission - Hearing and Notice. (i) The Planning Commission shall hold at least one public hearing before making a recommendation to the Board on a Rural Comprehensive Plan component, or an amendment to such Plan component, and the hearing shall be conducted pursuant to LC 14.300. Finding 2: Again, there are five items involved in this proposal as explained above. LMD Staff is required to harmonize and meet two different “process” criteria for both the Metro Plan and RCP components for this proposal. Because staff is dealing with two sets of “process” criteria, staff will use the more restrictive (or widespread) criteria. Thus, the requirements above will be followed or exceeded for the processing of this proposal. The Joint Planning Commission public hearing for this Proposal is scheduled to occur July 19, 2011 and will be conducted pursuant to Lane Code (LC) 14.300, LC 12.230-12.340, and the Metro Plan. More than one hearing may be necessary in order for the Planning Commissions to hear the matter and make their recommendations to the BCC and City Councils. (ii) Notice of the time and place of hearing shall be given, pursuant to LC 14.300. Finding 3 Notice of time and place of hearing will be accomplished pursuant to LC 14.300. LMD staff will mail the required notice of the proposal to all owners of property located within Springfield’s Metro Plan Boundary, east of the centerline of Interstate-5 Highway and surrounding properties as required by Lane Code. Additionally, staff will mail a required Ballot Measure 56 Notice along with the notice of proposal to affected property owners, and will publish a legal advertisement for the proposal as required prior to the public hearing. Exhibit E-2 Attachment 3-2 Exhibit E to Attachment 1 Page 3 of 24 (iii) If an exception to State Planning Goals is to be considered during the hearing, such exception shall be specifically noted in the notices of such hearing. Finding 4: An exception to State Planning Goals is not being requested, therefore this criteria is not applicable. (iv) The proposed Rural Comprehensive Plan component, or an amendment to such Plan component, shall be on file with the Director and available for public examination for at least 10 days prior to the time set for hearing thereon. Finding 5: The proposed Amendment file is located in the LMD office and is available for public examination during work hours. (c) Planning Commission - Consideration With Other Agencies. (i) In considering a Rural Comprehensive Plan component, or an amendment to such Plan component, the Planning Commission shall take account of and seek to harmonize, within the framework of the needs of the County, the Comprehensive Plans of cities, and the Plans and planning activities of local, state, federal and other public agencies, organizations and bodies within the County and adjacent to it. Finding 6: Again, this proposal is both a RCP Amendment and a Metro Plan Amendment. In making a recommendation to the Board, the Lane County Planning Commissioners shall seek to harmonize within the framework of the needs of the County, the Metro Plan, and with the Planning Commission bodies of Eugene and Springfield according to the criteria above. (ii) The Planning Commission, during consideration of a Rural Comprehensive Plan component or an amendment to such Plan component, shall consult and advise with public officials and agencies, public utility companies, civic, educational, professional and other organizations, and citizens generally to the end that maximum coordination of Plans may be secured. Finding 7: As part of the public hearing consideration of this proposal the Planning Commissions shall consult and advise with others so that maximum coordination is secured prior to their recommendations to the BCC and City Councils. (iii) Whenever the Planning Commission is considering a Rural Comprehensive Plan component, or an amendment to such Plan component, it shall be referred to the planning agency of every city and county affected to inform them and solicit their comments. Finding 8: Even though this is a Lane County initiated Plan Amendment, it must be referred to and reviewed by all three governing bodies (pursuant to Metro Plan Chapter IV Policy 5(a)) of Lane County, Eugene, and Springfield because it in-part involves a Metro Plan Amendment. LMD Staff has coordinated with the city of Eugene and Springfield planning agencies/staff and they are able and willing to participate in this Amendment proposal. (iv) The provisions of this subsection are directory, not mandatory, and the failure to refer such Plan, or an amendment to such Plan, shall not in any manner affect its validity. Exhibit E-3 Attachment 3-3 Exhibit E to Attachment 1 Page 4 of 24 Finding 9: LMD Staff has referred this proposal to the appropriate planning agencies affected, as such this proposal has met the above criteria. Also, refer to Finding above. (d) Planning Commission - Recommendation and Record. (i) Recommendation of the Planning Commission on a Rural Comprehensive Plan component, or an amendment to a Plan component, shall be by resolution of the Commission and carried by the affirmative vote of not less than a majority of its total voting members. Finding 10: Again, this proposal is a both a RCP Amendment and a Metro Plan Amendment. Therefore, because this is a Joint Planning Commission public hearing as explained in other Findings, the Planning Commission’s vote on each of their respective individual items in this proposal must be carried out by an affirmative quorum vote. (ii) The record made at the Planning Commission hearings on a Rural Comprehensive Plan component, or an amendment to such Plan component and all materials submitted to or gathered by the Planning Commission for its consideration, shall be forwarded to the Board along with the recommendation. Finding 11: The Joint Planning Commissions recommendation will be forwarded by LMD staff to the BCC and City Councils for their consideration in additional public hearings scheduled by LMD staff. (e) Board Action - Hearing and Notice. (i) After a recommendation has been submitted to the Board by the Planning Commission on the Rural Comprehensive Plan component, or an amendment to such Plan component, all interested persons shall have an opportunity to be heard thereon at a public hearing before the Board conducted pursuant to LC 14.300. (ii) Notice of the time and place of the hearing shall be given pursuant to LC 14.300. (iii) If an exception to Statewide Planning Goals is to be considered during the hearing, such exception shall be specifically noted in the notice of such hearing. (iv) Hearings to consider amendments of the Plan Diagram that affect a single property, small group of properties or have other characteristics of a quasi- judicial proceeding shall be noticed pursuant to LC 14.300. Finding 12: Another public hearing process before the BCC and City Councils will be carried out after the Planning Commissions recommendation is received in LMD offices[lc1]. . (f) Concurrent Consideration. The Board and Planning Commission may hold a single joint meeting to consider the proposed Plan amendment consistent with the requirements of LC 16.400(6)(e)(ii),(iii) and (iv) above. (g) Board Referral. Before the Board makes any change or addition to a Plan component, or Plan component amendment recommended by the Planning Commission, it may first refer the proposed change or addition to the Planning Commission for an additional recommendation. Failure of the Planning Commission to report within 21 days after the referral, or such longer period as may be designated by the Board, shall be deemed to be approval of the proposed change or addition. It Exhibit E-4 Attachment 3-4 Exhibit E to Attachment 1 Page 5 of 24 shall not be necessary for the Planning Commission to hold a public hearing on such change or addition. Finding 13: This is not a concurrent consideration proposal. Therefore, this criteria is not applicable. (h) Method of Adoption and Amendment. (i) The adoption or amendment of a Rural Comprehensive Plan component shall be by Ordinance. Finding 14: If approved by the BCC, this proposal will be adopted with a formal Ordinance. (ii) The adoption or amendment shall be concurrent with an amendment to LC 16.400(4) above. In the case of a Rural Comprehensive Plan adoption, the Code amendment shall place such Plan in the appropriate category. In the case of a Rural Comprehensive Plan amendment, the Code amendment shall insert the number of the amending Ordinance. Finding 15: If approved by the BCC, the Code amendment shall insert the number of the amending Ordinance. (iii) The Board may amend or supplement the Rural Comprehensive Plan upon making the following findings: (aa) For Major and Minor Amendments as defined in LC 16.400(8)(a) below, the Plan component or amendment meets all applicable requirements of local and state law, including Statewide Planning Goals and Oregon Administrative Rules. Finding 16: This is classified as a Major Plan Amendment. Findings of consistency with requirements of local and state law, Statewide Planning Goals, and Oregon Administrative Rules are explained elsewhere within this application. (bb) For Major and Minor Amendments as defined in LC 16.400(8)(a) below, the Plan amendment or component is: (i-i) necessary to correct an identified error in the application of the Plan; or (ii-ii) necessary to fulfill an identified public or community need for the intended result of the component or amendment; or (iii-iii) necessary to comply with the mandate of local, state or federal policy or law; or (iv-iv) necessary to provide for the implementation of adopted Plan policy or elements; or (v-v) otherwise deemed by the Board, for reasons briefly set forth in its decision, to be desirable, appropriate or proper. Finding 17: This Major Plan Amendment is consistent with criteria of LC 16.400(6)(h)(iii)(bb) (v-v) above. Exhibit E-5 Attachment 3-5 Exhibit E to Attachment 1 Page 6 of 24 (cc) For Minor Amendments as defined in LC 16.400(8)(a) below, the Plan amendment or component does not conflict with adopted Policies of the Rural Comprehensive Plan, and if possible, achieves policy support. Finding 18: This proposal is not classified as a Minor Amendment. Therefore, this criteria is not applicable. (dd) For Minor Amendments as defined in LC 16.400(8)(a) below, the Plan amendment or component is compatible with the existing structure of the Rural Comprehensive Plan, and is consistent with the unamended portions or elements of the Plan. Finding 19: This proposal is not classified as a Minor Amendment. Therefore, this criteria is not applicable. (i) A change of zoning to implement a proposed Plan amendment may be considered concurrently with such amendment. In such case, the Board shall also make the final zone change decision, and the Hearings Official s consideration need not occur. Finding 20: Zone changes are being requested as part of the Amendment. In such cases, the BCC shall make the final zone change decision. APPLICABLE LANE CODE CH. 16.252 CRITERIA Lane Code Ch. 16.252 Procedures for Zoning, Rezoning and Amendments to Requirements (RCP items) (1) Purpose. As the Rural Comprehensive Plan for Lane County is implemented, changes in zone and other requirements of this chapter will be required. Such Amendments shall be made in accordance with the procedures of this section. Finding 21: Item No. 4 in this proposed amendment is a proposal for a zone change for 81 Rural Residential (RR) zoned properties within the current Metro Plan boundary area. This zone change is intended to update the rural residential zoning of these properties removed from the Metro Plan to maintain consistency with residential zoning regulations applied to lands elsewhere within the RCP. This change will apply Lane Code Ch. 16.291 (Rural Residential) to properties previously zoned under Lane Code Ch. 16.231 (Rural Residential). Furthermore, the zone changes are necessary to gain consistency with the Statewide Planning Goal 14 Rule. Lands zoned RR under LC 16.231 have not been updated to comply with the Statewide Planning Goal 14 Rule (Oregon Administrative Rules 660-004-0040, effective October 14, 2000) that has been adopted in other Lane County lands governed under the updated rural residential zoning LC 16.290. Goal 14 prohibits urban use of rural lands. Any use, development or division not consistent with the Goal 14 Rule will not be authorized on lands zoned under LC 16.231 within the Metro Plan area. Since Lane County is amending the Metro Plan boundary and Plan, we are required to update the rural residential zoned lands within the Metro Plan area to comply with the Goal 14 Rule as directed by OAR 660-004-0040(3)(b). Staff has prepared a comparison analysis between uses and development authorized under LC 16.231 and LC 16.291, which is provided as Attachment 13 to the memo that these findings are included with. Exhibit E-6 Attachment 3-6 Exhibit E to Attachment 1 Page 7 of 24 (2) Criteria. Zonings, rezonings and changes in the requirements of this chapter shall be enacted to achieve the general purpose of this chapter and shall not be contrary to the public interest. In addition, zonings and rezonings shall be consistent with the specific purposes of the zone classification proposed, applicable Rural Comprehensive Plan elements and components, and Statewide Planning Goals for any portion of Lane County which has not been acknowledged for compliance with the Statewide Planning Goals by the Land Conservation and Development Commission. Any zoning or rezoning may be effected by Ordinance or Order of the Board of County Commissioners or the Hearings Official in accordance with the procedures in this section. Finding 22: The rezoning of these properties will be enacted to achieve the general purpose of this chapter and not contrary to public interest. Findings of consistency with other applicable RCP provisions, and the Statewide Planning Goals are found elsewhere within this application. Should the rezoning be approved by the BCC they will be in effect by this approved Ordinance. (3) Initiation/Application. (a) By Planning Commission. The zoning of unzoned properties, the rezoning of properties and amendment of this chapter may be initiated by the Planning Commission upon its own motion or upon petition by the Planning Commission upon request of the Board as provided in LC 16.252(3)(b) below. (b) By Board. The zoning of unzoned properties, the rezoning of properties and the amendment of this chapter may be initiated by the Board in the form of a request to the Planning Commission that it consider the proposed zoning, rezoning or amendment. (c) By Applicant. Application for the zoning or rezoning of properties may be made by any person as provided in LC 14.050. Finding 23: This Amendment proposal was initiated by Land Management Division staff at the direction of the Lane County Board of County Commissioners (BCC) as a high priority item in the adopted 2011 Long Range Planning Program. Therefore, Lane County is the applicant in this case. The Lane County Planning Commission will consider this proposal at the scheduled Public Hearing on July 19, 2011. (5) Planning Commission Public Hearing and Notice -- Legislative Matters. (a) The Planning Commission shall hold not less than one public hearing on each proposed legislative zoning or rezoning and amendment to the requirements of this chapter. (b) Notice of the time and place of hearing shall be given at least 10 days in advance by publication in a newspaper of general circulation in the County or in the territory concerned. (c) The Planning Commission shall review the Application or proposal and shall receive pertinent evidence and testimony as to why or how the proposed change is inconsistent with the criteria provided in LC 16.252(2) above for zoning, rezoning and amendment to the requirements of this chapter. The Commission shall determine whether the testimony at the hearing supports a finding that the proposal does or does not meet the required criteria, and shall recommend to the Board accordingly that the proposal be adopted or rejected. The Planning Commission and Board may hold one concurrent hearing. Finding 24: The Lane County Planning Commission will hold a public hearing on July 19, 2011 for this amendment proposal. Notice of hearing will exceed this provision and will be advertised in the Register Guard, a general circulation newspaper at least 21 days prior to public hearing. Exhibit E-7 Attachment 3-7 Exhibit E to Attachment 1 Page 8 of 24 (6) Review Procedures. Applications for zoning or rezoning of specific properties shall be heard by the Hearings Official pursuant to LC 14.300. Finding 25: This proposal is being reviewed pursuant to LC Ch. 14.300 in the public hearing process. (7) Action by the Board. (a) Unless the Board and Planning Commission hold a concurrent hearing, upon receipt of an affirmative Planning Commission recommendation for legislative matters provided in LC 16.252(6) above, the Board shall schedule a public hearing as provided in LC 16.252(7)(b) below. The Board may schedule such a public hearing in the absence of an affirmative Planning Commission recommendation. Finding 26: This proposal is not scheduled as a concurrent hearing, therefore this criteria is not applicable. (b) Prior to taking any action which would alter or modify a Planning Commission recommendation or Hearings Official’s Order, the Board may first refer the proposed alteration or modification to the Planning Commission or Hearings Official for a recommendation. Failure of the Commission or Hearings Official to report within 20 days after the referral, or such longer period as may be designated by the Board, shall be deemed to be approval of the proposed alteration or modification. It shall not be necessary for the Commission or Hearings Official to hold a public hearing on the proposed alteration or modification. Finding 27: Should the BCC modify the Lane County Planning Commission recommendation the Board may choose to refer the proposed alteration or modification back to the Planning Commission for their recommendation. (8) Conditional Approval. The approving authority may impose reasonable conditions if the application is approved to be completed within one year. Finding 28: The approval authority may choose to impose reasonable conditions if this application is approved within one year. (9) Official Zoning Map. (a) The location and boundaries of the various zones established by this chapter shall be shown and delineated on maps covering portions of the County. These maps, upon their final adoption, shall be known as the Official Zoning Map. (b) The Zoning Map shall be established by ordinance. Subsequent amendments to the Official Zoning Maps, either for establishing zoning for previously unzoned property or for rezoning may be made by Ordinance or Order of the Hearing Authority in accordance with the provisions of LC 16.014, LC 16.015, and this section. Finding 29: Upon approval from the Board, the zoning maps will be updated and shall be known as the Official Zoning Map(s), as established by the Ordinance. APPLICABLE LANE CODE CH. 12 CRITERIA REVIEW Exhibit E-8 Attachment 3-8 Exhibit E to Attachment 1 Page 9 of 24 Lane Code Ch. 12.060 Eugene-Springfield Metropolitan Area General Plan Notwithstanding any other provisions of this Chapter, compliance with the provisions of Chapter IV of the Eugene-Springfield Metropolitan Area General Plan is required for any review, amendment or refinement of the Eugene-Springfield Metropolitan Area General Plan. Finding 30: Findings of consistency with the provision of Chapter IV of the Metro Plan are provided under Finding 54-59, below. Lane Code Ch. 12.200 Purpose. Eugene-Springfield Metropolitan Area General Plan Element 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 have a public hearing before the appropriate governing bodies 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 Board of Commissioners may initiate a Type I or Type II Metro Plan amendment at any time. 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. Finding 31: This Amendment proposal was initiated by Land Management Division staff at the direction of the Lane County Board of County Commissioners (BCC) as a high priority item in the adopted 2011 Long Range Planning Program. The proposal is classified as a Type I Plan Amendment requiring a final decision from all three governing bodies (Eugene and Springfield City Councils, and the Lane County BCC). The adoption and process of this proposal shall follow the procedures and provisions contained in Ch. IV of the Metro Plan combined with the procedures of Lane Code. As noted in Finding 1 above, there are 5 separate elements to this proposal. Item number 1 is a Metro Plan Amendment and the other four items are amendments to Lane County RCP. The Metro Plan component will require a joint recommendation and the other four items related to the RCP will require the sole recommendation of the LCPC. This is because once the Metro Plan boundary is adjusted to Springfield’s Urban Growth Boundary, the geographic area will be subject to Lane County’s RCP within the sole planning jurisdiction the Lane County. Therefore, only the item related to the Metro Plan will be evaluated with findings in these Code sections below. (Findings of consistency concerning the RCP components can be found in LC Ch. 16.400 section elsewhere in this application). Lane Code Ch. 12.210 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, UGB/ Plan Boundary Changes or Other Goal Exceptions: Any of the three governing bodies. (i) The Board of Commissioners may solicit a recommendation from the planning commission before initiating this category of amendment. (ii) A citizen may seek council initiation of a Metro Plan Type I amendment by filing a written request with the County. A staff report on the request shall be submitted to the Board of Commissioners within 30 days of receipt of the request. At the direction of two Board members, the request shall be placed on the Board agenda for discussion. The Exhibit E-9 Attachment 3-9 Exhibit E to Attachment 1 Page 10 of 24 request shall be considered denied if the Board takes no action within 60 days of the date the staff report is submitted to the Board. The Board need not hold a public hearing on a private Type I amendment request and may deny the request for any reason. A citizen seeking Board initiation of a site specific Metro Plan Type I amendment must own the property subject to the amendment. Finding 32: This proposal is a Type I Metro Plan amendment initiated by the Lane County Board of Commissioners, and therefore consistent with this criteria per (1)(a) above. (b) Type II Plan Diagram and Site Specific Text Amendments. (i) Inside the City limits: The Home City and citizens (ii) Between the City limits and the Plan Boundary: Any of the three governing bodies and citizens. (A) The Board may solicit a recommendation from the planning commission before initiating this category of amendment. A citizen initiating a Metro Plan Type II amendment must own the property subject to the amendment. (B) A citizen may seek Board initiation of a Metro Plan Type II amendment subject to the above requirements regarding Metro Plan Type I amendments initiated by the Board at the request of a citizen. Finding 33: This proposal is not a Type II amendment, therefore this criteria is not applicable. (2) When Plan Amendments Can be Initiated. Amendments to the Metro Plan shall be initiated and considered at the following times: (a) The Board may initiate a Type I or Type II Metro Plan amendment at any time. Consideration of this type of amendment shall begin immediately thereafter. Finding 34: The BCC directed LMD staff to initiate a Type I Metro Plan amendment as a high priority item in the adopted 2011 Long Range Planning Program. (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. Finding 35: This proposal is not a Type II Metro Plan amendment, therefore this criteria is not applicable. (c) Consideration of a privately 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 on the Planning Commission’s work program to begin within three months of the date the Metro Plan amendment application is submitted. Such a requested Metro Plan amendment shall be considered in the legislative proceedings on 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 Planning Director may waive a particular plan amendment application postponement under this subsection and require more immediate review if the Planning 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 Exhibit E-10 Attachment 3-10 Exhibit E to Attachment 1 Page 11 of 24 area study adoption or amendment process will interfere with timely completion of that process. Finding 36: This proposal is not a citizen initiated Metro Plan amendment, therefore this criteria is not applicable. Lane Code Ch. 12.215 Referral of Plan Amendment. All Metro Plan amendments affecting land outside the city limits of either city shall be referred to the other city 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 affecting land inside the city limits of one city shall be referred to the other city 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. 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. Finding 37: This proposal was initiated by Lane County and is being referred to the two other participating cities; Eugene and Springfield. The proposal only involves land outside of the Urban Growth Boundary under the current plan document of the Metro Plan. The County has been coordinating with the both the City’s Planning agencies upon initiation of this Amendment application. Both city planning jurisdictions have chosen to participate in this Metro Plan amendment. It is understood that all jurisdictions participating in the amendment process must approve the Metro Plan component in order to enact this amendment. Lane Code Ch. 12.225 Metro Plan - Approval of A Plan Amendment. (1) Who Must Approve Plan Amendment. (a) Type I. (i) Non-Site Specific. To become effective, a non-site specific Metro Plan text Type I amendment must be approved by all three governing bodies. (ii) 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. (See Appendix "A) (iii) 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. Finding 38: The Metro Plan Amendment is classified as a Type I amendment and will be reviewed by all three governing bodies per (1)(a) above. (b) Type II. Exhibit E-11 Attachment 3-11 Exhibit E to Attachment 1 Page 12 of 24 (i) Inside City Limits. To become effective, a Metro Plan Type II amendment inside the city limits must be approved by the Home City. (ii) 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. Finding 39: This proposal is classified as a Type I Metro Plan amendment, therefore this criteria is not applicable. (2) Criteria for Approval of Plan Amendment. The following criteria shall be applied by the Board of Commissioners in approving or denying a plan amendment application: (a) The amendment must be consistent with the relevant statewide planning goals adopted by the Land Conservation and Development Commission; and Finding 40: Findings of consistency of this proposed Metro Plan amendment with the Statewide Planning Goals are explained elsewhere in this application. (b) Adoption of the amendment must not make the Metro Plan internally inconsistent. Finding 41: As this amendment only reduces the total land area within the Metro Plan and does not change or affect any existing Metro Plan goals or policies, the amendment does not make the Metro Plan internally inconsistent. Lane Code Ch. 12.230 Metro Plan - Plan Amendment Approval Process (3) Planning Commission Consideration. Within 30 days after receipt of the staff report, the Home City’s Planning Commission shall hold a public hearing to consider the proposed Metro Plan amendment. At least 20 days before the hearing, notice of the hearing shall be published in a local newspaper of general circulation and mailed to the applicant and to persons who have requested notice. If the proposed amendment is quasi-judicial, 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 of property located 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 Home City’s 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 Home City’s 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. Finding 42: Again, there are five items involved in this proposal as explained in earlier findings. LMD Staff is required to harmonize and meet two different criteria for both the Metro Plan and RCP for processing this proposal. Because staff is dealing with two sets of “process” criteria, staff will use the more restrictive (or widespread) criteria. Thus, the requirements above will be followed or exceeded for the processing of the proposal. Exhibit E-12 Attachment 3-12 Exhibit E to Attachment 1 Page 13 of 24 Notice of the joint Planning Commission Hearing will be mailed to property owners within at least 300’ of the Metro Plan boundary. Based off criteria of approval above, Lane County will receive the joint Planning Commission’s recommendation within 30 days after the close of the evidentiary hearing. This recommendation shall contain findings and conclusions on whether the proposal or a modified proposal meets the approval criteria. Lane Code Ch. 12.235 Metro Plan - Plan Amendment Approval Process - Two Jurisdictions. (1) When the Two Jurisdictions Process is Used. The following process shall be used to approve Metro Plan amendments when an amendment concerns land located outside of the corporate limits of one of the cities and the other city has chosen not to participate in the approval process. (2) Investigation and Report. Within 30 days after a response is 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 Metro Plan amendment was submitted shall investigate the facts bearing on the 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 Commissions of both affected jurisdictions shall hold a joint public hearing to consider the proposed Metro Plan amendment. The provisions of LC 12.230 above 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 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 final. (5) Conflict Resolution Process. The following process shall be used when the governing bodies do not enact identical decisions on the proposed Metro Plan amendment. (a) The Metro Plan amendment shall be referred to the Metropolitan Policy Committee within five days after the last governing body action. 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. Exhibit E-13 Attachment 3-13 Exhibit E to Attachment 1 Page 14 of 24 (b) If the plan amendment is denied because of lack of consensus or committee inaction, within 5 days the planning 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. Finding 43: All three governing jurisdictions have chosen to participate in this Metro Plan Amendment, therefore the process of LC 12.240 below along with LC Ch. 16.400(6) shall be followed. Lane Code Ch. 12.240 Metro Plan - Plan Amendment 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. Finding 44: This Type I Metro Plan amendment is being processed as a three jurisdictional process. (2) Investigation and Report. Within 30 days after responses are received from both referral jurisdictions or within 50 days after the 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. Finding 45: LMD staff will prepare and mail a written report to the Planning Commissions of all three jurisdictions and mail the report to all affected and interested parties prior to the Public Hearing. The report will also be available in LMD offices during normal business hours. (3) Planning Commission Consideration. Within 30 days after receipt of the staff report, the Planning Commissions of Eugene, Springfield and Lane County shall hold a joint public hearing on the proposed Metro Plan amendment. The provisions of LC 12.230(3) above apply to the joint Planning Commission hearing. Within 30 days after the proposed Metro 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. Finding 46: A tri-jurisdictional joint Planning Commission Hearing is scheduled for July 19, 2011. As the criteria above directs, each Planning Commission shall make a recommendation to its governing body on the proposed Metro Plan amendment within 30 days after the close of the evidentiary hearing. Eugene and Springfield Planning Commission will make a recommendation to their City Councils on the Metro Plan item of this proposed ordinance, and Lane County Planning Commission will make a recommendation to the BCC on all five items of this proposed ordinance. The recommendation of all three Commissions shall be forwarded to staff in LMD to compile and deliver the joint recommendations to the BCC for their consideration and action in a subsequent public hearing. Exhibit E-14 Attachment 3-14 Exhibit E to Attachment 1 Page 15 of 24 (4) Governing Bodies Action. Within 30 days after the last Planning Commission acts on the Metro Plan amendment proposal, the governing bodies of Eugene, Springfield and Lane County shall hold a joint public hearing on the plan 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, 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 they are identical. The date the last governing body acts shall be the date the action becomes final. The provisions of LC 12.235(5) above apply if the governing bodies do not enact an identical plan amendment. Finding 47: After the Lane County Planning staff receives the last Planning Commission’s recommendation, and within 30 days, Lane County will schedule a tri-jurisdictional governing body public hearing to be held on the Amendment proposal. For the Metro Plan item, the governing bodies decisions shall be based solely on the evidentiary record created before the Planning Commission and no new evidence shall be allowed at the governing body joint hearing. Each governing body will take action via separate jurisdictional (but identical) Ordinances to approve, modify and approve, or deny the proposed Metro Plan Amendment. Should the governing bodies not enact identical ordinances, the provisions of LC 12.235(5) will apply. Lane Code Ch. 12.245 Plan Amendment Processes - General Provisions. (1) Process for Government Initiated Plan Amendments. A different process, time line, or both, than the processes and timelines specified in LC 12.230, 12.235 or 12.240 above, may be established by the governing bodies of Eugene, Springfield and Lane County for any government initiated Metro Plan amendment. Finding 48: A different process or timeline as specified in LC 12.230, 12.235, or 12.240 may be established by the governing bodies if they deem worthy. (2) Time Frame Waiver. The time frames prescribed in connection with Type II Metro Plan amendment processes can be waived if the applicant agrees to the waivers. Finding 49: This is not a Type II amendment, therefore this criteria is not applicable. (3) Bar on Resubmittal. No privately initiated Metro Plan amendment application submitted to Lane County 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 Planning 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. Finding 50: This is the first time this amendment has been proposed, therefore this criteria is not applicable. (4) Relationship to Refinement Plan Amendments. When a Metro Plan amendment is enacted that requires an amendment to a refinement plan diagram or map for consistency, the Metro Plan diagram amendment automatically amends the refinement Exhibit E-15 Attachment 3-15 Exhibit E to Attachment 1 Page 16 of 24 plan diagram or map if no amendment to the refinement plan text is involved. When a Metro Plan diagram amendment requires a refinement plan diagram or map and text amendment for consistency, the Metro Plan and refinement plan amendments shall be processed concurrently. Finding 51: No changes to a Metro plan Refinement Plan are being proposed. (5) 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 is 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 LC 12.235(5) and 12.240(4) above. Finding 52: The Metro Plan amendment component is considered one plan change, therefore this criteria is not applicable. (6) Relationship Of Amendment Process To Metro Plan Update And Periodic Review. An update of any element of the Metro Plan requires initiation and approval by all three jurisdictions. Amendments to the Metro Plan that result from state-mandated Periodic Review require approval by all three jurisdictions. Finding 53: The Metro Plan amendment entails initiation and approval from all three jurisdictions. APPLICABLE METRO PLAN CRITERIA REVIEW In addition to criteria identified elsewhere within this document, amendments to the Metro Plan also require consistency with Goal IV, Policies 3 –7 and 10 of the Metro Plan, listed below: 3. All amendments to the Metro Plan shall be classified as a Type I or Type 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(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 2that 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 Exhibit E-16 Attachment 3-16 Exhibit E to Attachment 1 Page 17 of 24 classified as Type I or Type II amendments depending upon the specific changes that would result from these actions. Finding 54 : This is a Type 1 amendment as is entails a modification to the Metro Plan Boundary and is therefore consistent with this requirement. 4. Initiation of Metro Plan amendments shall be as follows: a. A Type I amendment may be initiated at the discretion of any one of the three governing bodies. (Note: this correction reflects adopted ordinance and code.) 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. c. Only a governing body may initiate a refinement plan, a functional plan, a special area study or Periodic Review or Metro Plan update. d. The governing bodies of the three metropolitan jurisdictions may initiate an amendment to the Metro Plan at any time. Citizen initiated Type II amendments may be initiated at any time. Finding 55 : This Type 1 amendment has been initiated by Lane County and is therefore consistent with this requirement. 5. The approval process for Metro Plan amendments, including the 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. Exhibit E-17 Attachment 3-17 Exhibit E to Attachment 1 Page 18 of 24 c. An amendment will be considered to have Regional Impact if: (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. Finding 56: This amendment entails a Plan Boundary change that triggers one or more of the criteria identified in Policy 5. a., therefore, all three governing bodies are decision makers. 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. Finding 57: As this amendment requires a decision form all three jurisdictions, a public hearing must be held within 180 from the formal initiation date. The formal initiation date for this amendment is June 1, 2011. A public hearing for this amendment is scheduled for July 19, 2011, which is within the required time specified. This will be a joint hearing of the three Planning Commissions. The recommendation from the three Planning Commissions will be forwarded to the elected officials who shall also conduct a joint public hearing prior to making a final decision. Exhibit E-18 Attachment 3-18 Exhibit E to Attachment 1 Page 19 of 24 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. Finding 58: If consensus is reached to approve a proposed amendment, substantively identical ordinances affecting the changes shall be adopted by the three jurisdictions. 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. Finding 59: This amendment is not part of a Periodic Review work program, but it was initiated by Lane County BCC and is therefore consistent with this requirement. APPLICABLE STATEWIDE PLANNING GOALS REVIEW As directed by Lane Code Ch. 16.400(6)(h)(ii)(aa) for the RCP amendment items, LC 12.225(2)(a) for the Metro Plan amendment item, and ORS 197.175(2)(a), the proposal must be consistent with the relevant Statewide Planning Goals. Goal 1: Citizen Involvement To provide for widespread citizen involvement. Finding 60: This goal requires that citizens and affected public agencies be provided an opportunity to comment and participate on the proposed amendments. As part of this application review process, public notification in the form of mailed notices was sent by LMD to affected property owners, public agencies, local service providers, other interdepartmental departments, and the Department of Land Conservation & Development (DLCD). Public notice of the Planning Commission hearing and the Board of Commissioners hearings are published once for each hearing in the Eugene Register-Guard newspaper. Additionally, a Ballot Measure 56 notice was mailed to all property owners affected by the proposed zone changes. LMD has done a number of outreach actions for this item. On April 21, 2011 LMD staff held an Open House Event in Harris Hall advertized on two different dates via a display advertisement in the Eugene Register Guard. Additionally, LMD has created an informational webpage for this item at: http://www.lanecounty.org/Departments/PW/LMD/LandUse/Pages/MetroBoundary.aspx. Given the above finding, the application is consistent with Goal 1. Goal 2: Planning To establish a land use planning process and policy framework as a basis for all decisions and actions to use of land and to assure an adequate factual base for such decisions and actions. Exhibit E-19 Attachment 3-19 Exhibit E to Attachment 1 Page 20 of 24 Finding 61: This goal requires governmental agencies to adopt land use plans and implementation ordinances after public hearings are completed. Lane County has conformed to the goal through adoption of the Rural Comprehensive Plan and the implementing ordinances found in Lane Code Ch. 16. Lane County co-adopted the Metro Plan pursuant to Ordinance No. 883 which is a component of the RCP pursuant to LC 16.400(4)(a)(i). The County is required to provide the public opportunities to comment and participate during the review of this (and any) plan amendment proposal. The public hearing and notification process will be conducted pursuant to applicable provisions in Lane Code Ch. 14.300, LC Ch. 16.400(6), LC Ch. 12, and Metro Plan Ch IV. Throughout this document staff has developed findings of consistency with a wide range of applicable criteria listed above. The proposal must meet any and all of the criteria in order to be implemented and adopted. Consistency with Goal 2 is derived through the public process along with the complete set of findings of consistency with all the criteria. Goal 3: Agricultural Lands To preserve and maintain agricultural lands. Finding 62: This goal recognizes the importance of maintaining agricultural lands as those that are defined under the goal. In western Oregon, agricultural land consist of predominantly Class I through IV soils identified by the Soil Conservation Service and other lands suitable for farm use taking into consideration soil fertility, suitability for grazing, climatic conditions, existing and future availability of water for farm and irrigation purposes, existing land use patterns, technological and energy input required for accepted farm practices. Lands in other classes which are necessary to permit farm practices to be undertaken on adjacent or nearby lands, shall be included as agricultural land in any event. Agricultural lands shall be preserved and maintained for farm use, consistent with existing and future needs for agricultural products. There are many acres of agricultural lands within the Metro Plan area. This proposal is not affecting the amount, changing the amount of agricultural lands base, nor is it changing the uses allowed in the agricultural lands in Lane County. An item in this ordinance is simply changing like-for-like Plan designations: from Metro Plan “Agriculture” to Lane County Rural Comprehensive Plan “Agricultural” plan designations. Thus, lands previously governed under the Metro Plan will be governed under the RCP should this amendment obtain approval. Lane County completed Goal 3 requirements in its acknowledged RCP. Given the above finding, the application is consistent with Goal 3. Goal 4: Forest Lands This goal defines forest lands and requires counties to inventory them and adopt policies and ordinances that will "conserve forest lands for forest uses." Finding 63: This goal promotes the importance of conserving forest lands for forest uses. Forest Lands shall include lands which are suitable for commercial forest uses including adjacent or nearby lands which are necessary to permit forest operations or practices and other forested lands that maintain soil, air, water and fish and wildlife resources. There some areas of forest land within the Metro Plan area. This proposal is not affecting the amount, changing the amount of forest lands base, or changing the uses allowed in the forest lands in Lane County. An item in this ordinance is simply changing like-for-like Plan designations: from Metro Plan “Forest land” to Lane County Rural Comprehensive Plan “Forest” Exhibit E-20 Attachment 3-20 Exhibit E to Attachment 1 Page 21 of 24 plan designations. Thus, lands previously governed under the Metro Plan will be governed under the RCP should this amendment obtain approval. Lane County completed Goal 4 requirements in its acknowledged RCP. Given the above finding, the application is consistent with Goal 4. Goal 5: Natural Resources, Scenic and Historic Areas, and Open Spaces To protect natural resources and conserve scenic and historic areas and open spaces. Finding 64: This goal directs jurisdictions to inventory, protect, and conserve natural resources for present and future generations. Within the Metro Plan area, Lane County, Springfield, and Eugene jointly completed the Goal 5 requirements in the acknowledged Metro Plan document Ch. III Environmental Resources Element, Goal 5 sections. If adopted, the proposed amendments would apply existing Goal 5 policies currently contained in the Metro Plan to lands removed from the Metro Plan and placed within the jurisdiction of the RCP. Therefore no changes in existing goal 5 policies are being implemented through by these amendments. Additionally, the “Safe Harbor” riparian protection regulations for areas within the Metro Plan will be applied to lands removed from the Metro Plan. Based on this finding, the application is consistent with Goal 5. Goal 6: Air, Water and Land Resource Quality To maintain and improve the quality of the air, water and land resources of the state. Finding 65: This goal requires adequate protection measures for preservation of air, water and land. Within the Metro Plan area, Lane County, Springfield, and Eugene jointly completed the Goal 6 requirements in the acknowledged Metro Plan document Ch. III Environmental Resources Element, Goal 6 sections. No changes to Goal 6 elements are being attempted with this proposal. Lands previously governed under the Metro Plan will be governed under the RCP should this amendment obtain approval. Lane County completed Goal 6 requirements in its acknowledged RCP. Given the above finding, the application is consistent with Goal 6. Goal 7: Areas Subject to Natural Hazards To protect people and property from natural hazards. Finding 66: This goal directs jurisdictions to adopt comprehensive plans that reduce the risks to people and property from natural hazards. Within the Metro Plan area, Lane County, Springfield, and Eugene jointly completed the Goal 7 requirements in the acknowledged Metro Plan document Ch. III Environmental Resources Element, Goal 7 sections. No changes to Goal 7 elements are being attempted with this proposal. Lands previously governed under the Metro Plan will be governed under the RCP should this amendment obtain approval. Lane County completed Goal 7 requirements in its acknowledged RCP. Given the above finding, the application is consistent with Goal 7. Goal 8: Recreational Needs To satisfy the recreational needs of the citizens of the state and visitors and, where appropriate, to provide for the siting of necessary recreational facilities including destination resorts. Exhibit E-21 Attachment 3-21 Exhibit E to Attachment 1 Page 22 of 24 Finding 67: The goal’s requirements for meeting recreational needs, now and in the future, shall be planned for by governmental agencies having responsibility for recreation areas, facilities and opportunities. Within the Metro Plan area, Lane County, Springfield, and Eugene jointly completed the Goal 8 requirements in the acknowledged Metro Plan document Ch. III Parks and Recreation Facility Element, section G. No changes to Goal 8 elements are being attempted with this proposal. Lands previously governed under the Metro Plan will be governed under the RCP should this amendment obtain approval. Lane County completed Goal 8 requirements in its acknowledged RCP. Given the above finding, the application is consistent with Goal 8. Goal 9: Economic Development To provide adequate opportunities throughout the state for a variety of economic activities vital to the health, welfare, and prosperity of Oregon's citizens. Finding 68: This goal states Comprehensive plans and policies shall contribute to a stable and healthy economy in all regions of the state. Within the Metro Plan area, Lane County, Springfield, and Eugene jointly completed the Goal 9 requirements in the acknowledged Metro Plan document Ch. III Economic Element, section B. No changes to Goal 9 elements are being attempted with this proposal. Lands previously governed under the Metro Plan will be governed under the RCP should this amendment obtain approval. Lane County completed Goal 9 requirements in its acknowledged RCP. Given the above finding, the application is consistent with Goal 9. Goal 10: Housing To provide for the housing needs for the citizens of the State. Finding 69: This goal states plans shall encourage the availability of adequate numbers of needed housing units at price ranges and rent levels which are commensurate with the financial capabilities of Oregon households and allow for flexibility of housing location, type and density. Within the Metro Plan area, Lane County, Springfield, and Eugene jointly completed the Goal 10 requirements in the acknowledged Metro Plan document Ch. III Residential Land Use and Housing Element, section A. No changes to Goal 10 elements are being attempted with this proposal. Lands previously governed under the Metro Plan will be governed under the RCP should this amendment obtain approval. Lane County completed Goal 10 requirements in its acknowledged RCP. Given the above finding, the application is consistent with Goal 10. Goal 11: Public Facilities and Services To plan and develop a timely, orderly and efficient arrangement of public facilities and services to serve as a framework for urban and rural development. Finding 70: The goal states Urban and rural development shall be guided and supported by types and levels of urban and rural public facilities and services appropriate for, but limited to, the needs and requirements of the urban, urbanizable, and rural areas to be served. A provision for key facilities shall be included in each plan. Within the Metro Plan area, Lane County, Springfield, and Eugene jointly completed the Goal 11 requirements in the acknowledged Metro Plan document Ch. III Public Facilities and Services Element, section H. No changes to Goal 11 elements are being attempted with this proposal. Lands previously governed under the Metro Plan will be governed under the RCP should this amendment obtain approval. Lane County completed Goal 11 requirements in its acknowledged RCP. Given the above finding, the application is consistent with Goal 11. Exhibit E-22 Attachment 3-22 Exhibit E to Attachment 1 Page 23 of 24 Goal 12: Transportation To provide and encourage a safe, convenient and economic transportation system. Finding 71: Under this goal, transportation a transportation plan shall (1) consider all modes of transportation including mass transit, air, water, pipeline, rail, highway, bicycle and pedestrian; (2) be based upon an inventory of local, regional and state transportation needs; (3) consider the differences in social consequences that would result from utilizing differing combinations of transportation modes; (4) avoid principal reliance upon any one mode of transportation; (5) minimize adverse social, economic and environmental impacts and costs; (6) conserve energy; (7) meet the needs of the transportation disadvantaged by improving transportation services; (8) facilitate the flow of goods and services so as to strengthen the local and regional economy; and (9) conform with local and regional comprehensive land use plans. Each plan shall include a provision for transportation as a key facility. Within the Metro Plan area, Lane County, Springfield, and Eugene jointly completed the Goal 12 requirements in the acknowledged Metro Plan document Ch. III Transportation Element, section F. No changes to Goal 12 elements are being attempted with this proposal. Lands previously governed under the Metro Plan will be governed under the RCP should this amendment obtain approval. Lane County completed Goal 12 requirements in its acknowledged RCP and in the Lane County Rural Transportation Plan; a special purpose plan of the RCP. Given the above finding, the application is consistent with Goal 12. Goal 13: Energy Conservation To conserve energy Finding 72: This goal states land and uses shall be managed and controlled so as to maximize the conservation of all forms of energy, based upon sound economic principles. Within the Metro Plan area, Lane County, Springfield, and Eugene jointly completed the Goal 13 requirements in the acknowledged Metro Plan document Ch. III Energy Element, section J. No changes to Goal 13 elements are being attempted with this proposal. Lands previously governed under the Metro Plan will be governed under the RCP should this amendment obtain approval. Lane County completed Goal 13 requirements in its acknowledged RCP. Given the above finding, the application is consistent with Goal 13. Goal 14: Urbanization To provide for an orderly and efficient transition from rural to urban land use, to accommodate urban population and urban employment inside urban growth boundaries, to ensure efficient use of land, and to provide for livable communities. Finding 73: The Metro Plan area is not within an urban growth boundary. This proposal is seeking to move the Metro Plan boundary corresponding with the adopted Springfield UBG in phase 1 of this proposal. There is no foreseeable connection between the proposed Metro Plan Boundary adjustment and future UGB expansions or annexations. Lands previously governed under the Metro Plan will be governed under the RCP should this amendment obtain approval. Lane County completed Goal 14 requirements in its acknowledged RCP. Given the above finding, the application is consistent with Goal 14. Goal: 15 Willamette River Greenway To protect, conserve, enhance and maintain the natural, scenic, historical, agricultural, economic and recreational qualities of lands along the Willamette River as the Willamette River Greenway. Exhibit E-23 Attachment 3-23 Exhibit E to Attachment 1 Page 24 of 24 Finding 74: The goal recognizes the importance to protect, conserve, and enhance areas along the Willamette Greenway. Areas which contain this boundary within the Metro Plan area are located along the river banks of the Coast and Middle Fork Willamette River. Lane County requires Greenway Development Permits for intensification or changes of use or development as defined in LC 16.254. The jurisdictional area of the Metro Plan was found to be in compliance with Goal 15 on September 12, 1982. Lands previously governed under the Metro Plan will be governed under the RCP should this amendment obtain approval. Lane County completed Goal 15 requirements in its acknowledged RCP. Given the above finding, the application is consistent with Goal 15. Goal: 16 Estuarine Resources Goal: 17 Coastal Shorelands Goal: 18 Beaches and Dunes Goal: 19 Ocean Resources Finding 75: These four goals are geographically separated from the Metro Plan area. Therefore, they are not applicable to this application. Exhibit E-24 Attachment 3-24 Page 1 – Ordinance No. PA 1283 IN THE BOARD OF COUNTY COMMISSIONERS, LANE COUNTY, OREGON ORDINANCE NO. PA 1283 WHEREAS, through Ordinance No. PA 1281, the partners of the Eugene-Springfield Metropolitan Area General Plan (Metro Plan) have jointly modified the boundaries of the Metro Plan; and WHEREAS, it is now necessary to amend the Lane County Rural Comprehensive Plan (RCP) to apply RCP plan designations to lands removed from the Metro Plan pursuant to ordinance no. PA 1281; and WHEREAS, it is also necessary to adopt the City of Springfield’s parcel specific Urban Growth Boundary location on official Lane County RCP plan and zone maps to comply with OAR 660-024-0020(2); and WHEREAS, the proposal was reviewed at a hearing of Lane County Planning Commission on July 19, 2011, and August 16, 2011; and WHEREAS, the proposal was also reviewed at hearing of the Lane County Board of Commissioners on March 13, 2012; and WHEREAS, evidence exists in the record indicating that the proposal meets the requirements of the RCP, Lane Code and applicable state law; and WHEREAS, the Board of County Commissioners is now ready to take action. NOW, THEREFORE, the Board of County Commissioners of Lane County ordains as follows: Section 1. The Official Lane County Rural Comprehensive Plan (RCP) - plan maps # 1701, 1702, 1703, 1802 and 1803, which are included as Exhibits A-E to this ordinance are hereby repealed and replaced with the amended RCP plan maps # 1701, 1702, 1703, 1802 and 1803 included as Exhibits F-J attached and incorporated herein by this reference. Section 2. The Official RCP – zone maps # 1702, 1703, 1802 and 1803, which are included as Exhibits K-N to this ordinance are hereby repealed and replaced with the amended RCP zone maps # 1702, 1703, 1802 and 1803 included as Exhibits O- R attached and incorporated herein by this reference. IN THE MATTER OF AMENDING THE LANE COUNTY RURAL COMPREHENSIVE PLAN BY APPLYING PLAN DESIGNATIONS TO LANDS REMOVED FROM THE METRO PLAN PURSUANT TO ORDINANCE NO. PA 1281; ADOPTING THE CITY OF SPRINGFIELD PARCEL SPECIFIC UGB BOUNDARY ON OFFICIAL LANE COUNTY RURAL COMPREHENSIVE PLAN MAPS TO COMPLY WITH OAR 660-024-0020(2); AND ADOPTING SAVINGS AND SEVERABILITY CLAUSES. Exhibit E-25 Attachment 3-25 Page 2 – Ordinance No. PA 1283 Section 3. The prior policies, plan and zone diagram designations repealed or changed by this Ordinance remain in full force and effect to authorize prosecution of persons in violation thereof prior to the effective date of this Ordinance. Section 4. If any section, subsection, sentence, clause phrase of portion of this Ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such section shall be deemed a separate, distinct and independent provision, and such holding shall not affect the validity of the remaining portions thereof. FURTHER, although not part of this Ordinance, the Board of County Commissioners adopts findings and conclusions in support of this action as set forth in Exhibit “E” to Ordinance No. PA 1281, incorporated here by this reference. ENACTED this ______day of _______________, 2012. __________________________________ Sid Leiken, Chair Lane County Board of Commissioners _____________________________________ Recording Secretary for this Board Meeting APPROVED AS TO FORM Date Lane County OFFICE OF LEGAL COUNSEL Exhibit E-26 Attachment 3-26 Metro Plan Boundary Adjustment – Joint Elected Officials Agenda Cover Memo Page 1 of 13 TO: LANE COUNTY BOARD OF COMMISSIONERS CITY OF SPRINGFIELD MAYOR AND CITY COUNCIL CITY OF EUGENE MAYOR AND CITY COUNCIL FROM: Public Works Department/Land Management Division PRESENTED BY: Keir Miller, Senior Planner AGENDA ITEM TITLE: 1) ORDINANCE NO. PA 1281 - IN THE MATTER OF AMENDING THE EUGENE-SPRINGFIELD METROPOLITAN AREA GENERAL PLAN (METRO PLAN) BY ADOPTING A NEW METRO PLAN BOUNDARY THAT IS COTERMINOUS WITH THE CITY OF SPRINGFIELD URBAN GROWTH BOUNDARY EAST OF INTERSTATE 5; AND ADOPTING SAVINGS AND SEVERABILITY CLAUSES. For The Lane County Board of Commissioners Only: 2) ORDINANCE NO. PA 1283 - IN THE MATTER OF AMENDING THE LANE COUNTY RURAL COMPREHENSIVE PLAN BY APPLYING PLAN DESIGNATIONS TO LANDS REMOVED FROM THE METRO PLAN PURSUANT TO ORDINANCE NO. PA 1281; ADOPTING THE CITY OF SPRINGFIELD PARCEL SPECIFIC UGB BOUNDARY ON OFFICIAL LANE COUNTY RURAL COMPREHENSIVE PLAN MAPS TO COMPLY WITH OAR 660-024-0020(2); AND ADOPTING SAVINGS AND SEVERABILITY CLAUSES. 3) ORDINANCE NO. PA 1284 - IN THE MATTER OF AMENDING THE LANE COUNTY RURAL COMPREHENSIVE PLAN BY REZONING RURAL RESIDENTIAL LANDS REGULATED UNDER LANE CODE 16.231, WHICH WERE REMOVED FROM THE METRO PLAN PURSUANT TO ORDINANCE NO. PA 1281, WITH UPDATED RURAL RESIDENTIAL ZONE LANGUAGE CONTAINED IN LANE CODE 16.290 AND ADOPTING SAVINGS AND SEVERABILITY CLAUSES. 4) ORDINANCE NO. PA 1290 - IN THE MATTER OF AMENDING THE LANE COUNTY RURAL COMPREHENSIVE PLAN TO APPLY GOAL 5 INVENTORIES, POLICIES AND FINDINGS OF THE EUGENE SPRINGFIELD METROPOLITAN AREA GENERAL PLAN TO THOSE LANDS REMOVED FROM THE METRO PLAN BY ORDINANCE NO. PA 1281 AND ADOPTING SAVINGS AND SEVERABILITY CLAUSES. ORDINANCE NO. __ -12 - IN THE MATTER OF AMENDING LANE CODE CHAPTER 16 BY MODIFYING EXISTING STREAM RIPARIAN REGULATIONS TO CONTINUE APPLYING SAFE HARBOR SETBACKS TO GOAL 5 RIPARIAN RESOURCES ON LANDS REMOVED FROM THE METRO PLAN BY ORDINANCE NO. PA 1281 (LC16.253) Memo Date: February 15, 2012 1st Reading Date: February 22, 2012 2nd Reading / Public Hearing Date:March 13, 2012 5) Attachment 4-1 Metro Plan Boundary Adjustment – Joint Elected Officials Agenda Cover Memo Page 2 of 13 I. ISSUE Lane County is seeking to modify the boundaries of the Eugene-Springfield Metropolitan Area General Plan (the Metro Plan). Pursuant to Chapter IV, Policies 5.a and 6 of the Metro Plan, this action requires a Joint Hearing before the Elected Officials of the Metro Plan partners. Lane County is also proposing five related amendments to the Rural Comprehensive Plan (RCP), which will be necessary if an amendment to the Metro Plan Boundary is adopted. These related actions must be reviewed in a Public Hearing of the Lane County Board of Commissioners. II. PROPOSED MOTIONS For all Metro Plan Partners:  Recommend approval of individual ordinances amending the Metro Plan boundary as proposed by Lane County and so reflected in Lane County Ordinance No. PA 1281 (Attachment 1). For Lane County: (Only if Ordinance No. PA 1281 is first approved)  Recommend approval of Ordinance No. PA 1283 (Attachment 2), Ordinance No. PA 1284 (Attachment 3) and Ordinance No. PA 1290 (Attachment 4) and Ordinance No. __-12 (Attachment 21) III. AGENDA ITEM SUMMARY Lane County has initiated a Type 1 amendment to the Eugene-Springfield Metropolitan Area General Plan. The proposed amendment would change the Metro Plan diagram and boundary maps to modify the Metro Plan boundary east of Interstate 5 so that the resultant boundary is coterminous with the parcel specific Urban Growth Boundary that has been developed by the City of Springfield.1 In addition to this boundary amendment, a series of related amendments to the Lane County Rural Comprehensive Plan (RCP) are also being proposed. These amendments would:  Adopt the City of Springfield’s parcel specific UGB boundary location on official Lane County Rural Comprehensive Plan maps to comply with OAR 660-024-0020(2).  Apply correctly corresponding Rural Comprehensive Plan designations to lands previously designated under the Metro Plan.  Update the rural residential zoning of properties removed from the Metro Plan to maintain consistency with residential zoning regulations applied to lands within the RCP.  Amend RCP policies to apply existing Goal 5 Metro Plan Policies to Goal 5 resources removed from the Metro Plan  Amend Lane Code 16.253 (Riparian Regulations to maintain existing safe harbor riparian setback regulations to lands removed from the Metro Plan). 1 In accordance with the requirement of House Bill 3337, the City of Springfield has “separately establish[ed]” its own UGB. The revised UGB was reviewed and approved at a joint meeting of the Springfield City Council and the Lane County Board of Commissioners on June 20, 2011. Attachment 4-2 Metro Plan Boundary Adjustment – Joint Elected Officials Agenda Cover Memo Page 3 of 13 Staff was directed to undertake the boundary adjustment work in two separate phases. Phase 1, which is the subject of this amendment, would adjust Metro Plan boundary adjacent to the City of Springfield’s Urban Growth Boundary. Phase 2 will focus on the Metro Plan Boundary west of Interstate 5, adjacent to the City of Eugene’s UGB. Refer to Attachments 5 and 6 for a project vicinity map and a more detailed map of the Phase 1 and Phase 2 project areas. It should be noted that the ultimate scope of the Phase 2 process has not yet been established and is possible that the Phase 2 boundary amendments may leave portions of rural Lane County (i.e., the Eugene Airport property or other areas) within the Metro Plan, if those areas are not first included in a future UGB expansion. Phase 2 is not part of this amendment and will be subject to a separate public process. Timelines for the Phase 2 process have not yet been established and are, to a degree, dependent upon the City of Eugene’s timelines for compliance HB3337 and OAR 660-024-0020(2). IV. BOARD HISTORY AND OTHER BACKGROUND 1982 – 1985: The Oregon Department of Land Conservation and Development (DLCD) acknowledges the Eugene-Springfield Metropolitan Area General Plan as the official long- range comprehensive plan (public policy document) for the Cities of Eugene and Springfield (’82) and metropolitan Lane County (’85). The acknowledged plan establishes a boundary that extends beyond the city limits and Urban Growth Boundaries of Eugene and Springfield and into rural Lane County. 1990-2005: Controversial land use proceedings including the Blue Water Boats and the Delta Sand and Gravel applications create tensions among the Metro Plan partners concerning jurisdictional autonomy on site specific matters. 2007: House Bill 3337 was enacted to require Eugene and Springfield to establish individual Urban Growth Boundaries providing a vehicle for the cities to exert more autonomy from each other. 2008 – 2011: The City of Springfield carries out their HB3337 work program, which culminates, in part, with an individual parcel-specific Urban Growth Boundary for the city. June 1, 2009: During a meeting of the Joint elected Officials (JEO), The Board of Commissioners (BCC) expressed their interest in regaining full jurisdictional autonomy for land use matters outside of the Urban Growth Boundaries of Eugene and Springfield. The JEO directs staff from all three jurisdictions to develop a work plan to make specific changes to the Metro Plan to address the Board’s four areas of concern (see Attachment 7). The Metro Plan boundary issue is identified item “C” on that list. February 9, 2011: The BCC directs the Land Management Division to initiate a Type 1 Amendment to adjust the boundaries of the Metro Plan as a component of the 2011 Long Range Work Program. March 11, 2011: Staff from Eugene, Springfield and Lane County conducts an initial project coordination meeting. April 21, 2011: LMD Staff hold a Public Workshop to describe the proposed Metro Plan and RCP amendments to interested members of the public. Attachment 4-3 Metro Plan Boundary Adjustment – Joint Elected Officials Agenda Cover Memo Page 4 of 13 June 20, 2011: The City of Springfield adopts Ordinance No. 1 - an ordinance amending the Metro Plan to adopt the Springfield 2030 Refinement Plan Residential Land Use and Housing Element and to establish a separate Springfield UGB pursuant to ORS 197.304. July 6, 2011: Lane County co-adopts the Springfield 2030 Refinement Plan Residential Land Use and Housing Element and separate Springfield UGB via Ordinance No. PA 1274. July 19, 2011: A joint hearing between the Lane County, Eugene and Springfield Planning Commissions is opened. Public testimony is heard and the hearing is continued to August 16. August 16, 2011: Additional testimony on the proposed Boundary amendment was heard. The PCs close the public hearing but keep the record open four (4) additional weeks to allow additional written testimony to be submitted. October 25, 2011: Joint Planning Commission deliberations on the proposals were held. The Lane County Planning Commission recommends denial of the proposal. The Planning Commissions of Eugene and Springfield recommend approval. V. DISCUSSION / ANALYSIS A. Issue / Problem Over the years there have been infrequent but highly politicized instances when the cities have held a deciding vote in land use proceedings involving private property within another governing body’s primary jurisdiction. This is possible because Ch. IV, Policy 7 of the Metro Plan requires that any proposed amendments to the Metro Plan for property outside of a city must be jointly approved by the County and the partner city (or cities) or otherwise, the amendment shall be referred to the Metropolitan Policy Committee (MPC) for conflict resolution. The current bylaws and operation of the MPC has made resolution unlikely if one of the jurisdictions does not desire resolution. This has meant that each of the cities possess, and in some cases have exercised, an ability to override the authority and will of the County Commissioners and the adjoining City Council on proceedings which involve property located entirely outside of their own city limits or the UGB. Consensus among the Metro partners on amendments to the Metro Plan is logical. However, this requirement may be too far reaching when it impedes the County’s ability to make land use decisions on lands beyond both the city limits and the UGB. As a remedy to this issue the BCC has directed staff to pursue a Type I Metro Plan amendment (per Ch. 4, Policy 3. a) to modify the Metro Plan to make its boundaries coterminous with the UGBs of Springfield (Phase 1) and Eugene (Phase 2) . This modification would enable the cooperative partnership between the two cities and the county to continue within the UGB but would prevent the cities from usurping decision making authority on lands regulated by the county. B. Proposed Amendments Metro Plan The Metro Plan is a broad public policy document. It sets forth general planning policies and land use allocations and serves as the basis for the coordinated development of programs concerning the use and conservation of physical resources, furtherance of assets, and development or redevelopment of the metropolitan area. As such it is intended to be adaptable to the changing needs of the communities which rely upon it. As a Metro Attachment 4-4 Metro Plan Boundary Adjustment – Joint Elected Officials Agenda Cover Memo Page 5 of 13 partner, Lane County may initiate amendments to the plan at anytime to ensure that it remains consistent with the needs of the County and its residents. An adjustment of the Metro Plan boundary is a scenario contemplated within the Plan and procedures for undertaking such a boundary amendment are specified within the Plan. To address the Board’s concerns regarding jurisdictional autonomy, Lane County is proposing an amendment to the official Metro Plan diagram and boundary maps to modify the Metro Plan boundary east of Interstate 5. This modification would reduce the total land area covered under the Metro Plan by approximately 8,128 acres (12.7 square miles) and move the Metro Plan boundary so that it is aligned with the parcel specific Urban Growth Boundary that has been developed by the City of Springfield. Attachment 8 depicts the current Metro Plan boundary and the proposed plan boundary. Attachments Exhibits A and B to Attachment 1 show these proposed changes to the official Metro Plan Diagram and Boundary maps. Because lands outside of Eugene’s UGB (west of interstate 5) will remain within the Metro Plan boundary, Plan policies applicable to lands outside of the UGBs must be maintained until the completion of Phase 2. Therefore, comprehensive policy amendments are not a component of the Phase 1 process and this amendment is limited to diagram and boundary map changes only. Staff has conducted an analysis of the text and policy amendments that may be required as a component of Phase 2 but again, those amendments are not a component of this proposal. Rural Comprehensive Plan To facilitate the change in the Metro Plan boundary, a series of related amendments to the Rural Comprehensive Plan are also being proposed. These changes are only for Lane County’s consideration and would:  Amend the official Lane County Rural Comprehensive Zone and Plan maps to delineate the City of Springfield’s parcel specific UGB boundary location – As a requirement of OAR 660-024-0020(2) the City of Springfield generated a refined map of the UGB at a scale sufficient to determine its precise tax lot specific location. According to the rule, county zone and plan maps must also be amended to show precise UGB locations. Lane County’s existing zone and plan maps do show the UGB location at a sufficient scale (1” = 1,000’) however, now that the City of Springfield has more accurately identified the actual location of the UGB, Lane County is simply proposing to amend zone and plan maps to depict the more accurate UGB as required by State law. The current and proposed official plan maps are included as Exhibits A-J to Attachments 2. The current and proposed official zone maps are included as Exhibits K-R to Attachment 2.  Apply correctly corresponding RCP plan designations to lands previously designated under the Metro Plan – This amendment would apply RCP plan designations to properties that are removed form the Metro Plan. In other words, lands being removed from the Metro Plan would be placed into plan designations that most closely match designations which applied to the lands in the Metro Plan. For example, lands with a “Forest Land” designation in the Metro Plan would receive a “Forest” designation within the RCP. The following is a list of the current plan designations outside of the UGB (east of I-5) and the proposed corresponding RCP plan designations that would be applied to these lands if removed from the Metro Plan: Attachment 4-5 Metro Plan Boundary Adjustment – Joint Elected Officials Agenda Cover Memo Page 6 of 13 Existing Metro Plan Designation Proposed Corresponding RCP Designation Agriculture A - Agriculture Forest Land F - Forest Parks and Open Space P - Parks Rural Residential R - Residential Sand and Gravel NR:M – Natural Resource: Mineral It should be noted that properties outside of the UGB are already zoned under Lane Code Chapter 16. Applying RCP plan designations to these properties will not result in, or constitute a rezoning of, any properties. A map depicting the proposed RCP plan designations is included as Attachment 9.  Update to the rural residential zoning of properties removed from the Metro Plan to maintain consistency with residential zoning regulations applied to lands within the RCP – This change updates the residential zoning of 81 residentially zoned parcels by removing the regulations contained in Lane Code 16.231 and applying the regulations contained in LC 16.290. As a component of Lane County’s last Periodic Review cycle, properties zoned residential within the RCP (LC 16.231) were updated with new zoning regulations contained in Lane Code 16.291. These changes were promulgated by the 1994 Community Rule, (OAR 660-022). At that time the new zoning regulations were not applied to lands within the Metro Plan boundary as part of Lane County’s RCP Periodic Review work program. Therefore, the county is now proposing to update the zoning for residential properties leaving the Metro Plan and coming under the authority of the RCP. A map of these proposed zone change areas is included as Attachment 10. A copy of the existing (LC16.231) residential regulations is included as Attachment 11. A copy of the proposed residential regulations (LC16.290) is included as Attachment 12. A table comparing the differences in Lane Code 16.231 and Lane Code 16.290 is included as Attachment 13.  Amend the RCP Goal 5 policies and Lane Code 16.253 – These updates would apply existing Metro Plan Goal 5 Policies to Goal 5 resources on lands that are removed from the Metro Plan and placed in the RCP. Unlike other policies contained in the Metro Plan, Goal 5 policies are linked with specific Metro Plan inventories which cannot be changed or updated without triggering an onerous Goal 5 inventory update pursuant to OAR 660-023-0250(1). Furthermore, existing riparian regulations provide specific “Safe Harbor” protections for Goal 5 Riparian Corridors as identified in the Metro Plan. Changing or no longer applying these safe harbor protections would also trigger an update of Lane County’s Goal 5 Inventory within the RCP. To address these issues Lane County is proposing to: 1) adopt the existing Metro Plan Goal 5 policies within the RCP for lands removed from the Metro Plan by Ordinance No. PA 1281 and 2) amend Lane Code 16.253 in order to apply the Metro Plan Safe Harbor standards to riparian corridors removed from the Metro Plan. The proposed RCP implementing language is shown in legislative format as Exhibit A. The proposed Lane Code 16.253 code updates are included in legislative format and are as part of Ordinance No. __-12 (Attachment 21) Attachment 4-6 Metro Plan Boundary Adjustment – Joint Elected Officials Agenda Cover Memo Page 7 of 13 C. Policy Considerations The fundamental regional policy consideration before the Board of Commissioners and the elected officials of Eugene and Springfield is whether or not it is appropriate for Lane County to possess the authority to exercise full jurisdictional autonomy on land use decisions outside of Springfield’s Urban Growth Boundary. As previously discussed, Ch. IV, Policy 7 of the Metro Plan requires that any proposed amendments to the Metro Plan (i.e. a plan amendment application) be jointly approved by the County and the partner city or cities; otherwise the amendment is referred to the MPC for conflict resolution. However, this requirement does not apply within the city limits of Eugene or Springfield, where the cities may amend the Metro Plan without a review and decision by Lane County. This relationship is possible because, in 1994, the cities and Lane County jointly amended the participation and jurisdictional roles for different classification of Metro Plan amendments. At that time the three governments agreed that the two cities would exercise full autonomy for site-specific text and plan map amendments wholly within their respective city limits; that each city and Lane County would jointly decide these same class of proposals when located between the city limits of the “home city” and the home city’s UGB, and between the home city’s UGB and Plan Boundary. The non-home city could opt in to these latter two actions upon a determination of “regional impact.” All three government’s participation remains a requirement for amendments to non-site specific plan text, to amendments to the UGB or Plan boundary that cross the Willamette or McKenzie Rivers or a ridgeline into a new basin, and amendments that involve a goal exception not related to a UGB expansion. This arrangement has created a dynamic where the Cities enjoy autonomy from the County inside their incorporated limits but this autonomy is not reciprocated in the rural portions of Lane County located within the Metro Plan boundary. Further, implementation of HB3337 (ORS 195.034) will enable the cities of Eugene and Springfield to obtain an additional level of independence from each other but at this time no such legislative solution currently exists to provide the County similar independence. Lane County is now seeking its own autonomy on land use matters outside the Urban Growth Boundary of Springfield. Implementation of the proposed Metro Plan boundary adjustment would provide some measure of autonomy. However, in addition to the fundamental regional policy consideration articulated above, two additional unresolved issues regarding the County’s proposal were identified during the course of the Joint Planning Commission process. These issues are summarized below. Additional analysis of these, and all other identified issues, can be found in the attachments associated with the Planning Commission public hearing process. Issue # 1: City of Springfield Drinking Water Protection A policy consideration that has been identified by the Springfield Utility Board (SUB) involves the drinking water supply for Springfield’s residents. SUB currently draws its water supply from a combination of groundwater and surface water. Approximately 40% of Springfield’s groundwater source area and 99% of its surface water source area lie outside the Springfield UGB. Of the portion of Springfield’s groundwater source area that lies outside the UGB, the majority lies within the Metro Plan boundary. Attachment 14 to this memo is a map that identifies the portions of Springfield’s wellhead protection area and surface water protection area, which lie between the UGB and the Metro Plan boundary. According to SUB, this area accounts for approximately 76% of Springfield’s total production capacity. Attachment 4-7 Metro Plan Boundary Adjustment – Joint Elected Officials Agenda Cover Memo Page 8 of 13 From conversations that staff have held with SUB and testimony provided during the Joint PC public hearing, it appears that the Utility’s fundamental concern is that if the Metro Plan boundary is altered so that it is coterminous with Springfield’s UGB, the city will no longer have a deciding vote on land use actions that may have an impact on its water source. As an example, one possible scenario of concern cited by SUB involves the hypothetical County approval of a plan amendment/zone change request from an Exclusive Farm Use Zone to a Sand and Gravel Zone within SUB’s ground water source area. SUB has opined that sand and gravel operations (among other types of land uses) have the potential to degrade water quality and impact groundwater quantity. SUB is concerned that there is a higher likelihood that such potentially detrimental land use actions would be approved if the County were the sole decision maker on such actions. SUB has indicated that they would prefer that the City of Springfield maintain its decision making authority outside of the UGB. However, they have also expressed a desire to help develop solutions that would provide drinking water safeguards while still meeting the County’s goal of establishing jurisdictional autonomy. It is feasible that a range of different mechanisms could be established to address SUB’s concerns and during the public hearing before the Planning Commissions three possible options were identified by SUB and the City of Springfield. These options are described below and are followed by County staff responses: Option 1. This option would amend the Metro Plan boundary to be coterminous with the UGB, except for the SUB drinking water source areas. Metro Plan policies would continue to apply in those areas remaining within the Metro Plan boundary. Staff Response: This option would simply reduce the total area that would be transferred from the Metro Plan into the Rural Comprehensive Plan and leave all of SUB’s delineated groundwater and surface water resource areas within the Metro Plan. This option would ensure that the existing procedures for multi-jurisdiction review of Metro Plan Amendments would remain in place. However, this option would significantly reduce the land area outside of the UGB, which the Lane County Board of Commissions have expressed a desire to gain autonomy over. If this option is pursued then the revised Metro Plan Boundary would not be coterminous with Springfield’s UGB. Instead the new plan Boundary would follow the UGB in some areas and SUB’s delineated groundwater and surface water resource boundary in other areas Currently there are approximately 8,128 acres east of I-5 that Lane County has proposed be transferred from the Metro Plan. SUB’s delineated groundwater and surface water resource areas cover approximately 6,200 acres outside of Springfield’s UGB and within the current Metro Plan Boundary. Therefore, Option 1 would reduce the total area which the county is seeking autonomy over by approximately 76%. Option 2. This option would amend the Metro Plan boundary to be coterminous with the UGB, and recommend that Lane County concurrently adopt some type of drinking water protection plan to address protection of SUB’s drinking water resource areas. Staff Response: This option would have the County adopt a drinking water protection plan outside of the UGB to protect SUB’s water source area. Adoption of such a plan would presumably be a precursor to County adoption of a drinking water protection overlay zone similar to the one that is in place inside Springfield. While this option would likely provide the highest level of protection for Springfield’s water and enable the County to realize full autonomy outside of the UGB, adoption of a drinking water protection plan would be a long term solution, which is well outside the scope of the proposed boundary adjustment work. Additionally, given the controversy that arose when the County recently considered Attachment 4-8 Metro Plan Boundary Adjustment – Joint Elected Officials Agenda Cover Memo Page 9 of 13 adoption of a drinking water protection overlay zone, timing for such a proposal may not be optimal. Option 3. This option would establish a temporary IGA to allow adequate time for Lane County to create and adopt a drinking water protection. According to Springfield staff this option could be used to temporarily continue the existing protections of the Metro Plan in a limited manner within a limited geographic area, as follows: a. A Post-Acknowledgment Plan Amendment (PAPA) or zone change proposal for property located within the drinking water source areas will require referral to the City of Springfield; b. The City of Springfield may choose to participate as a decision-maker if the City Council prepares and adopts findings that determine the proposal could impact the water quality or quantity within the drinking water source area; c. The review by the City Council of Springfield will be limited to compliance with Goal 5 (Natural Resources) Goal 6 (Air, Water and Land Resources Quality) and Goal 11 (Public Facilities and Services) as they apply to the protection of the drinking water source area; d. If the City of Springfield participates as a decision-maker, such participation shall parallel the procedure specified in Lane Code and the Lane Rural Comprehensive Plan regarding zone changes and comprehensive plan amendments, including fact-finding hearings by the planning commission as a prelude to forwarding a recommendation to the Springfield City Council, and a joint hearing of the City Council and Board of Commissioners but limiting review to the provisions cited in “c.” above. Both jurisdictions must approve the proposal. At the August 16 continued Public Hearing, City of Springfield staff indicated Option 3 as their as their preferred method for addressing the SUB issue. Staff Response: Although this option is somewhat complex, it offers assurances to SUB that potential impacts to drinking water outside the UGB will be reviewed and decided upon by the City of Springfield (and Lane County) should the County choose not to enact a drinking water protection plan. It also provides the County sufficient time and opportunity to develop a drinking water protection plan should the County wish to terminate the IGA. Regardless, this option would not provide autonomy to the County on a full range of issues outside of the Metro Plan Boundary. Consideration # 2 Robinson Land Division Issue Over the last year the Board has received correspondence and heard public testimony from resident Donna Robinson. Ms Robinson, together with her husband Thomas, own an 8.4 acre rural residential parcel located at 38054 McKenzie Hwy, Springfield (Map and tax lot # 17-01-31-20-1500). This parcel is located outside of Springfield’s UGB but within the Metro Plan boundary. Ms Robinson is interested in partitioning her property into two separate parcels. Under the current rural residential zoning standards of Lane Code, the minimum lot size for a land division on the Robinson’s property is 2 acres. However, pursuant to Chapter II, Section G of the Metro Plan (page II-G-10), the minimum lot size for a residential lot is 5 acres. This policy prevents a division of any property within the Metro Plan boundary that is less than 10 acres in size. For similarly zoned properties outside of the plan boundary the 5 acres minimum lot size requirement is not applicable and properties may be divided into 2 acre parcels. In addition to the Robinson property, there Attachment 4-9 Metro Plan Boundary Adjustment – Joint Elected Officials Agenda Cover Memo Page 10 of 13 are three other lots within the Phase 1 project area, which also contain enough acreage to potentially partition under Lane Code but a division of these lots would also be prevented by the above referenced Metro Plan Policy. These lots are:  17-01-31-20-1100 (4.1 acres)  17-01-31-20-1300 (4.7 acres)  17-02-36-24-1500 (7.2 acres) Note: All properties located within the Phase 2 project area carry a minimum lot size requirement of 5 acres or higher so this policy is not applicable west of Interstate 5. Ms Robinson’s situation would be remedied if the Metro Plan Partners choose to adopt this proposal. However, should the proposed Boundary amendments fail to pass, two alternatives for addressing the Ms. Robinson’s issue were discussed during the Joint Planning Commission public hearing and deliberations. They are: Option 1. Amend the Plan Boundary within the immediate vicinity of the Robison property. This “surgical boundary amendment” would achieve the same result as Option 1 but would simply remove the Robinson property from the Metro Plan and leave the remainder of the plan boundary in place. This would option enable Ms. Robinson to pursue her land division unencumbered from the minimum lot size requirements of the Metro Plan but would leave the remainder plan boundary of the boundary in its current location. Staff Response: This option would resolve Ms Robinson’s issue but if applied only to the Robinson property it may be perceived as unfair by other land owners with similar zoning and circumstances. Option 2. Amend the Plan language to remove the above referenced minimum lot size policy to enable a minimum lot size of 4 acres or less instead of 5 acres. This “surgical policy amendment” would keep the Robinson property within the Metro Plan but would address the 5 acre minimum lot size requirement hampering division of the land. Staff Response: If a new minimum lot size of 4 acres is established in the Metro Plan, the Robinson issue would be resolved. This is because the Robinson property has sufficient acreage (8.4 acres) to be divided into two 4+ parcels. However, the Robinson site is the only property in the Phase 1 project area that would benefit by adjusting the minimum lot size to 4 acres. Therefore, the issue of equity could also be raised if this option is used. Concerns over equality could be resolved by removing the 5 acre minimum lot size policy altogether or modifying the policy to state that the minimum lot size requirements of the underlying base zone shall be the minimum lot size within the Metro Plan. If any of these options are ultimately approved the total number of properties that could be impacted is 4 and the maximum number of new lots that could potentially be created countywide would be 9. D. Planning Commission Review On July 19, 2011, the Planning Commissions of Eugene, Springfield and Lane County opened their joint evidentiary public hearing on this proposal. The hearing was continued to, Attachment 4-10 Metro Plan Boundary Adjustment – Joint Elected Officials Agenda Cover Memo Page 11 of 13 and then closed on, August 16. The public record remained open through September 13 and deliberations were held on October 25. During the course of the joint public hearing process Commissioners heard testimony both for and against the proposal. Staff’s responses to this testimony is contained in the minutes for the public hearing meetings, included as attachments 15-17 to this memo and also in supplemental memos provided to the Planning Commissions, which are included as attachments18-20. A complete record of public testimony submitted during the Planning Commission process is available for review in the Land Management Division offices. Testimony and other materials may also be viewed on the project website: http://www.lanecounty.org/Departments/PW/LMD/LandUse/Pages/MetroBoundary.aspx Recommendations The Lane County Planning Commission recommended 7:2 that the proposal be denied. The Eugene Planning Commission recommended 3:2 that the proposal be approved. The Springfield Planning Commission recommended 4:2 that the proposal be approved with the condition that an IGA between Lane County and Springfield be established to help govern the Springfield Utility Board’s water resource area. In addition, the Lane County Planning commission recommended that should the Board agree with the Planning Commission’s recommendation to deny the Metro Plan amendment, the BCC find a remedy for the Ms. Robinson’s petition for an adjustment on minimum lot size requirements of the Metro Plan. This recommendation was approved by a vote of 7:1:1. Finally, the Lane County Planning Commission recommended that the City of Springfield’s parcel-specific UGB boundary be adopted on official Lane County Rural Comprehensive Plan maps to comply with OAR 660-024-0020(2). The motion was approved unanimously, 9:0. This element of Lane County’s proposal is required by state law and was not controversial during the course of the public hearing. E. Findings of Fact Detailed findings of fact supporting the proposed Metro Plan and RCP amendments are provided as Exhibit E to Attachment 1. F. Financial and/or Resource Considerations Lane County currently administers land use and building permitting within the area proposed for removal from the Metro Plan. Therefore, no significant near-term financial or resource considerations for the County are anticipated. Over the long term, savings will be realized by the County, Springfield, and to a lesser extent, the City of Eugene as a result of the proposed Phase 1 boundary amendment. This is because fewer land use actions will require a 2 or 3 jurisdiction hearings process. Multi-jurisdiction land use proceedings are inherently more complex affairs than a single jurisdiction process and are generally more costly for all parties involved. In addition, multi-jurisdiction proceedings are often more controversial and can become drawn out, which may increase costs. Attachment 4-11 Metro Plan Boundary Adjustment – Joint Elected Officials Agenda Cover Memo Page 12 of 13 VI. ALTERNATIVES / ACTION A. Joint Elected Official Alternatives/Options (for Metro Plan amendments) At this time the elected officials of Eugene, Springfield and Lane County may vote individually to: 1. Recommend adoption of Ordinance No. PA 1281 (Lane County), Ordinance No. TBD (Springfield) and Ordinance No. TBD (Eugene). 2. Recommend that Ordinance No. PA 1281 (Lane County), Ordinance No. TBD (Springfield) and Ordinance No. TBD (Eugene) not be adopted. 3. Refrain from taking any action and request that staff provide additional information or make modifications to the proposal. If Option 1 is chosen then the elected officials of Springfield and Lane County may also wish to take some action on the Springfield Planning Commission’s recommendation regarding an inter-governmental agreement between Lane County and the City of Springfield to help mitigate the potential water quality concerns identified by SUB. B. Lane County - Alternatives/Options (for RCP specific amendments) The Lane County Board of Commissioners may: 1. Adopt Ordinance Nos. PA 1283, PA 1284, PA 1290 and __-12 after first adopting Ordinance No. PA 1281. 2. Not adopt Ordinance Nos. PA 1283, PA 1284, PA 1290 __-12. 3. Refrain from taking any action and request that staff provide additional information or make modifications to the proposal. Note: Ordinance Nos. PA 1283 and PA 1284, PA 1290 and __-12 are companion pieces to Ordinances to PA 1281. No actions on these ordinances are needed if Ordinance No. PA 1281 is not first adopted. C Recommendation Staff recommends Option 1 VII. TIMING/IMPLEMENTATION No emergency clause is necessary. If approved, the ordinances will become effective 30 days after adoption. Upon action on the Ordinances, staff will notify all parties of record and the Department of Land Conservation and Development of the Board’s decision. VIII. ATTACHMENTS Note: *Exhibits A-R of Attachment 2, Exhibits A-F of Attachment 3 and Attachments 8, 9, 10 and 14 have been provided in electronic format on the enclosed CD This is due to the large format nature of these attachments and the costs associated with reproducing them. Full size copies of these maps are available for viewing in the Board of Commissioners office and the Land Management Division Offices. 1. Ordinance No. PA 1281 - Exhibit A: Current Metro Plan Diagram Map - Exhibit B: Proposed Metro Plan Diagram Map Attachment 4-12 Metro Plan Boundary Adjustment – Joint Elected Officials Agenda Cover Memo Page 13 of 13 - Exhibit C: Current Metro Plan Boundary Map - Exhibit D: Proposed Metro Plan Boundary Map - Exhibit E: Findings of Fact in Support of Ordinance Nos. PA 1281, PA 1283, PA 1284 and PA 1290 2. Ordinance No. PA 1283 - Exhibit A Current Official RCP Plan Map # 1701 - Exhibit B Current Official RCP Plan Map # 1702 - Exhibit C Current Official RCP Plan Map # 1703 - Exhibit D Current Official RCP Plan Map # 1802 - Exhibit E Current Official RCP Plan Map # 1803 - Exhibit F Proposed Official RCP Plan Map # 1701 - Exhibit G Proposed Official RCP Plan Map # 1702 - Exhibit H Proposed Official RCP Plan Map # 1703 - Exhibit I Proposed Official RCP Plan Map # 1802 - Exhibit J Proposed Official RCP Plan Map # 1803 - Exhibit K Current Official RCP Zone Map # 1702 - Exhibit L Current Official RCP Zone Map # 1703 - Exhibit M Current Official RCP Zone Map # 1802 - Exhibit N Current Official RCP Zone Map # 1803 - Exhibit O Proposed Official RCP Zone Map # 1702 - Exhibit P Proposed Official RCP Zone Map # 1703 - Exhibit Q Proposed Official RCP Zone Map # 1802 - Exhibit R Proposed Official RCP Zone Map # 1803 3. Ordinance No. PA 1284 - Exhibit A Current Official RCP Plan Map # 1701 - Exhibit B Current Official RCP Plan Map # 1702 - Exhibit C Current Official RCP Plan Map # 1802 - Exhibit D Proposed Official RCP Plan Map # 1701 - Exhibit E Proposed Official RCP Plan Map # 1702 - Exhibit F Proposed Official RCP Plan Map # 1802 4. Ordinance No PA 1290 - Exhibit A: Proposed Goal 5 Policy language (in legislative format) - Exhibit B: Proposed Goal 5 Policy language (in final format) 5. Project Vicinity Map 6. Project Phase Map 7. JEO list of issues of concern 8. Before and After Metro Plan Boundary Illustration* 9. Proposed RCP Plan Designations Map* 10. Map of Proposed Rural Residential Zone Changes* 11. Existing Metro area Rural Residential zoning regulations (LC 16.231) 12. Proposed RCP area Rural Residential zoning regulations (LC 16.290) 13. LC16.231 and LC 16.290 Comparison Table 14. SUB map of water source areas within the existing Metro Plan boundary* 15. Meeting Minutes - July 19, 2011, PC Public Hearing 16. Meeting Minutes - August 16, 2011 PC Public Hearing 17. Meeting Minutes October 25, 2011 PC Deliberation 18. Joint PC Supplemental Memo # 1 (attachments not included) 19. Joint PC Supplemental Memo # 2 (attachments not included) 20. Joint PC Supplemental Memo # 3 (attachments not included) 21. Ordinance No. __-12, with proposed text changes to Lane Code 16.253 (in legislative and final format) Attachment 4-13 Page 1 – Ordinance No. PA 1281 IN THE BOARD OF COUNTY COMMISSIONERS, LANE COUNTY, OREGON ORDINANCE NO. PA 1281 WHEREAS, Chapter IV of the Eugene-Springfield Metropolitan Area General Plan (Metro Plan) sets forth procedures for amendment of the Metro Plan, which for Lane County are implemented by Lane Code Chapter 12; and WHEREAS, Lane County now finds it necessary to make certain amendments the Metro Plan to enhance equity among the Metro Plan partners and provide additional autonomy to Lane County; and WHEREAS, on February 9, 2011, the Board of County Commissioners of Lane County directed the Land Management Division to initiate an amendment to the Metro Plan to modify the plan boundary east of Interstate 5 so that it is coterminous with the City of Springfield Urban Growth Boundary; and WHEREAS, the proposal was reviewed at a joint public hearing with the Lane County Planning Commission, the City of Springfield Planning Commission and the City of Eugene Planning Commission on July 19, 2011, and August 16, 2011; and WHEREAS, the proposal was also reviewed at a joint public hearing with elected officials of Lane County, the City of Springfield and the City of Eugene on March 13, 2012; and WHEREAS, evidence exists in the record indicating that the proposal meets the requirements of the Eugene-Springfield Metropolitan Area General Plan, Lane Code and applicable state law; and WHEREAS, the Board of County Commissioners is now ready to take action. NOW, THEREFORE, the Board of County Commissioners of Lane County ordains as follows: Section 1. The Eugene-Springfield Metropolitan Area General Plan (Metro Plan) - official Plan Diagram Map, as depicted in Section II-G pages 17 and 18 of the Metro Plan and contained in Exhibit A to this Ordinance and further amended by Ordinance No. PA 1274 is hereby repealed and replaced with the amended Plan Diagram Map contained in Exhibit B attached and incorporated herein, to reflect a new Metro Plan boundary that is coterminous with the City of Springfield Urban Growth Boundary (UGB) east of Interstate 5 as established by Ordinance No. 1274 and the City of Springfield ordinance that co-adopted that separate Springfield UGB. IN THE MATTER OF AMENDING THE EUGENE- SPRINGFIELD METROPOLITAN AREA GENERAL PLAN (METRO PLAN) BY ADOPTING A NEW METRO PLAN BOUNDARY THAT IS COTERMINOUS WITH THE CITY OF SPRINGFIELD URBAN GROWTH BOUNDARY EAST OF INTERSTATE 5; AND ADOPTING SAVINGS AND SEVERABILITY CLAUSES. Attachment 4-14 Page 2 – Ordinance No. PA 1281 Section 2. The Metro Plan – official Plan Boundary Map, depicted in Section II-G pages 19 and 20 of the Metro Plan and contained in Exhibit C to this Ordinance is hereby repealed and replaced with the amended Plan Diagram Map contained in Exhibit D attached and incorporated herein, to reflect a new Metro Plan boundary that is coterminous with the City of Springfield Urban Growth Boundary east of Interstate 5. Section 3. The prior policies and plan designations repealed or changed by this Ordinance remain in full force and effect to authorize prosecution of persons in violation thereof prior to the effective date of this Ordinance. Section 4. If any section, subsection, sentence, clause, phrase or portion of this Ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such section shall be deemed a separate, distinct and independent provision, and such holding shall not affect the validity of the remaining portions thereof. FURTHER, although not part of this Ordinance, the Board of County Commissioners adopts findings and conclusions in support of this action as set forth in Exhibit “E” attached and incorporated here by this reference. ENACTED this ______day of _______________, 2012. _____________________________________ Sid Leiken, Chair Lane County Board of Commissioners _____________________________________ Recording Secretary for this Board Meeting APPROVED AS TO FORM Date Lane County OFFICE OF LEGAL COUNSEL Attachment 4-15 (The interpretation and purpose of the Plan Diagram, and descriptions of the land uses and symbols shown, are contained in Chapter II-G.) 4/08/04 The information on this map was derived from digital databases on Lane Council of Governments’ regional geographic information system. Care was taken in the creation of this map, but it is provided "as is". LCOG cannot accept any responsibility for errors, omissions, or positional accuracy in the digital data or the underlying records. Current plan designation, zoning, etc., for specific parcels should be confirmed with the appropriate governmental entity - Eugene, Springfield, or Lane County - with responsibility for planning and development of the parcel. There are no warranties, express or implied, accompanying this product. However, notification of any errors will be appreciated. VALID AT 11X17 SCALE ONLY Attachment 4-16 E ST 58T H ST 4 8T H S T CR O W R D 42ND ST O A K W AY R D R I V E R R D H W Y 99 N S EN EC A RD R I V E R R D JASPE R RD GATEWAY ST C HA MB ER S ST I - 5 I-5 BE RTE LS EN RD I-5 PAR K AV E N I-5 TE RRY G A M E F A RM R D N ECHO HOLLOW RD DANEBO 35TH ST W 11TH AVE RD AG ATE W 5T H AVE BELTLINE RD CHAD W 1 ST AVE W 7 T H AVE W 11TH AVE THUR STON RD E A M A Z O N D R HE ND ER SO N WILLAMETTE ST MAXWELL RD ROYA L AVE SPRIN G 5TH ST DELTA HWY GONYEA CRE ST DR ISLAND PARK 31ST ST 1 9T H S T W D ST E 40TH GARDEN WAY BELT LIN E RD 32ND ST DONALD ST 28T H S T E 30TH AVE E 33R D AVE JEFFERSON ST HARLOW RD W 28TH AVE 3 1 S T ST E 18TH AVE E 4 3 R D AV E E 24TH AVE COBURG RD W 18TH AVE A IRPOR T RD CI TY V IE W ST H ILYARD ST W 6T H AVE G RE EN H ILL R D GREEN ACRES MAIN ST MAIN ST IRV INGTON DR DILLARD R D W 7T H AVE BAILEY HILL RD GOODPA S T U RE GR EE N HIL L RD MARCOLA RD G A M E F A R M R D COMMER CIAL S T AG ATE S T NORKENZIE RD MOHAWK BLVD GARFIELD ST AM A Z O N PK WY H W Y 99 N SPENCER CREEK RD P R A I R I E R D PATT ER SO N ST F R A N K L I N B LV D BARGE R AVE M cK ENZ IE HW Y CA MP CREEK RD WILLAGILLESPIE W A M A Z O N D R CAL YOUNG RD H AYD EN BR IDG E RD P I O N E E R P K W Y EU G-SPR H WY AWBREY LN FRANKLIN BLVD N. DELTA HWY FOX HOLLOW RD L O R A NE HWY C O B U R G R D HAY DEN BRIDGE RD BEACON DR E BELTLINE RD C LEAR LAKE RD N O R T H W E S T E X P R E S S W A Y WILLAMETTE ST E 30TH AVE ROOSEVE LT BLVD W IL L OW CRE EK RD BAILEY H I L L R D CENT EN NIA L B LVD NORTH W EST EXPRESS WAY C O BURG RD HWY 58 S P R I N G FI E LD - C R E S W E LL H W Y GIMPL HILL R D MCKENZIE VIEW DRIVE IRVING RD ROYAL AVE CREST DR CRESCENT DR I-105 HORN BEACON DR W W 13TH AVE W 11TH AVE W 29TH AVE ND ND NDND NDND ND ND ND ND NDNDND 07,000ft ® The information on this map was derived from digitaldatabases on Lane Council of Governments' regionalgeographic information system. Care was taken inthe creation of this map, but it is provided "as is".LCOG cannot accept any responsibility for errors,omissions, or positional accuracy in the digital dataor the underlying records. Current plan designation,zoning, etc., for specific parcels should be confirmedwith the appropriate governmental entity - Eugene,Springfield, or Lane County - with responsibility forplanning and development of the parcel. There are nowarranties, express or implied, accompanying this product.However, notification of any errors will be appreciated. Eugene-SpringfieldMetropolitan AreaGeneral Plan Plan Diagram (The interpretation and purpose of the Plan Diagram, and descriptions of the land uses and symbols shown, are contained in Chapter II-G.) 04/12/11 ND VALID AT 11x17 SCALE ONLY UGB Metro Plan Boundary Coterminous UGB/Metro Plan Boundary Railroads Rivers and Ponds Overlays: Mixed Use Areas Nodal Development Area Willamette Greenway Low Density Residential Medium Density Residential High Density Residential Nodal Development Commercial Major Retail Center Heavy Industrial Special Heavy Industrial Light Medium Industrial Campus Industrial University Research Government & Education Parks and Open Space Natural Resource Sand and Gravel Agriculture Forest Land Rural Residential Rural Commercial Rural Industrial Airport Reserve Coterminous UGB/Metro Plan Boundary (East of I-5) Proposed Changes To: Attachment 4-17 Attachment 4-18 A Z Y X W V U T S R Q P C B Attachment 4-19 Exhibit E to Attachment 1 Page 1 of 24 FINDINGS OF FACT AND CONCLUSIONS OF LAW In support of Ordinance Nos. PA 1281, PA 1283, PA1284, and Ordinance No. __-12 The following criteria analysis is categorized by Plan Document and Sections identified in bold, followed by staff’s findings. The elected officials of Eugene and Springfield may limit their review the criteria solely related to LC Ch. 12, the Metro Plan and the Statewide Planning Goals, Administrative Rules and Statues. APPLICABLE LANE CODE CH. 16.400 RURAL COMPREHENSIVE PLAN AMENDMENT CRITERIA (6) Plan Adoption or Amendment - General Procedures. The Rural Comprehensive Plan, or any component of such Plan, shall be adopted or amended in accordance with the following procedures: (a) Referral to Planning Commission. Before the Board takes any action on a Rural Comprehensive Plan component, or an amendment to such Plan component, a report and recommendation thereon shall be requested from the County Planning Commission and a reasonable time allowed for the submission of such report and recommendation. In the event the Rural Comprehensive Plan component, or amendment applies to a limited geographic area, only the Planning Commission having jurisdiction of that area need receive such referral. Finding 1: This Plan Amendment proposal was initiated by Land Management Division staff at the direction of the Lane County Board of County Commissioners (BCC) as a high priority item in the adopted 2011 Long Range Planning Program. Therefore, Lane County is the applicant in this case. There are five items contained in this amendment proposal. They are: 1. An amendment to the official Metro Plan diagram and boundary maps to modify the Metro Plan boundary east of Interstate 5 so that the resultant boundary is coterminous with the parcel specific Urban Growth Boundary that has been developed by the City of Springfield; 2. An amendment to the official Lane County Rural Comprehensive Plan maps to delineate the City of Springfield’s parcel specific UGB boundary location pursuant to OAR 660-024-0020(2); 3. The adoption of correctly corresponding Rural Comprehensive Plan (RCP) designations to lands previously designated under the Metro Plan; 4. An update to the rural residential zoning of properties removed from the Metro Plan to maintain consistency with residential zoning regulations applied to lands within the RCP. This change will apply Lane Code 16.291 to properties previously zoned under Lane Code 16.231 and; 5. An amendment to the RCP policies and Lane Code to apply existing Goal 5 Metro Plan Policies to Goal 5 resources removed from the Metro and amend Lane Code 16.253 (Riparian Regulations) to maintain existing safe harbor riparian setback regulations to lands removed from the Metro Plan. Attachment 4-20 Exhibit E to Attachment 1 Page 2 of 24 Throughout these findings the amendments listed above are simply referred to as “this amendment, “the(se) amendments” or “the(se) proposed amendments”. These amendments include both RCP components, and an amendment to the Eugene- Springfield Metropolitan Area General Plan (Metro Plan). Item No. 1 is a Metro Plan Amendment and the other four items constitute an amendments to the Lane County Rural RCP. As this Amendment deals with the Metro Plan, specific criteria direct a tri-jurisdictional referral and review with the Lane County Planning Commissioners (LCPC), and the Planning Commissioners of Springfield and Eugene, and the City Councils of Springfield and Eugene. Items 2 – 5, which are RCP amendments will require the sole recommendation of the LCPC to the BCC. This is because once the Metro Plan boundary is adjusted to Springfield’s Urban Growth Boundary, the geographic area will be subject to Lane County’s RCP within the sole planning jurisdiction the Lane County. Therefore, items related to the RCP will be evaluated with findings in these Code sections below. (Findings of consistency concerning the Metro Plan components can be found later in this application in LC Ch. 12, and Metro Plan sections). A staff report will be mailed to each of the Commissioners prior to the public hearing to assist in their recommendations as required above. Therefore, this request is in conformance with the criteria above. (b) Planning Commission - Hearing and Notice. (i) The Planning Commission shall hold at least one public hearing before making a recommendation to the Board on a Rural Comprehensive Plan component, or an amendment to such Plan component, and the hearing shall be conducted pursuant to LC 14.300. Finding 2: Again, there are five items involved in this proposal as explained above. LMD Staff is required to harmonize and meet two different “process” criteria for both the Metro Plan and RCP components for this proposal. Because staff is dealing with two sets of “process” criteria, staff will use the more restrictive (or widespread) criteria. Thus, the requirements above will be followed or exceeded for the processing of this proposal. The Joint Planning Commission public hearing for this Proposal is scheduled to occur July 19, 2011 and will be conducted pursuant to Lane Code (LC) 14.300, LC 12.230-12.340, and the Metro Plan. More than one hearing may be necessary in order for the Planning Commissions to hear the matter and make their recommendations to the BCC and City Councils. (ii) Notice of the time and place of hearing shall be given, pursuant to LC 14.300. Finding 3 Notice of time and place of hearing will be accomplished pursuant to LC 14.300. LMD staff will mail the required notice of the proposal to all owners of property located within Springfield’s Metro Plan Boundary, east of the centerline of Interstate-5 Highway and surrounding properties as required by Lane Code. Additionally, staff will mail a required Ballot Measure 56 Notice along with the notice of proposal to affected property owners, and will publish a legal advertisement for the proposal as required prior to the public hearing. Attachment 4-21 Exhibit E to Attachment 1 Page 3 of 24 (iii) If an exception to State Planning Goals is to be considered during the hearing, such exception shall be specifically noted in the notices of such hearing. Finding 4: An exception to State Planning Goals is not being requested, therefore this criteria is not applicable. (iv) The proposed Rural Comprehensive Plan component, or an amendment to such Plan component, shall be on file with the Director and available for public examination for at least 10 days prior to the time set for hearing thereon. Finding 5: The proposed Amendment file is located in the LMD office and is available for public examination during work hours. (c) Planning Commission - Consideration With Other Agencies. (i) In considering a Rural Comprehensive Plan component, or an amendment to such Plan component, the Planning Commission shall take account of and seek to harmonize, within the framework of the needs of the County, the Comprehensive Plans of cities, and the Plans and planning activities of local, state, federal and other public agencies, organizations and bodies within the County and adjacent to it. Finding 6: Again, this proposal is both a RCP Amendment and a Metro Plan Amendment. In making a recommendation to the Board, the Lane County Planning Commissioners shall seek to harmonize within the framework of the needs of the County, the Metro Plan, and with the Planning Commission bodies of Eugene and Springfield according to the criteria above. (ii) The Planning Commission, during consideration of a Rural Comprehensive Plan component or an amendment to such Plan component, shall consult and advise with public officials and agencies, public utility companies, civic, educational, professional and other organizations, and citizens generally to the end that maximum coordination of Plans may be secured. Finding 7: As part of the public hearing consideration of this proposal the Planning Commissions shall consult and advise with others so that maximum coordination is secured prior to their recommendations to the BCC and City Councils. (iii) Whenever the Planning Commission is considering a Rural Comprehensive Plan component, or an amendment to such Plan component, it shall be referred to the planning agency of every city and county affected to inform them and solicit their comments. Finding 8: Even though this is a Lane County initiated Plan Amendment, it must be referred to and reviewed by all three governing bodies (pursuant to Metro Plan Chapter IV Policy 5(a)) of Lane County, Eugene, and Springfield because it in-part involves a Metro Plan Amendment. LMD Staff has coordinated with the city of Eugene and Springfield planning agencies/staff and they are able and willing to participate in this Amendment proposal. (iv) The provisions of this subsection are directory, not mandatory, and the failure to refer such Plan, or an amendment to such Plan, shall not in any manner affect its validity. Attachment 4-22 Exhibit E to Attachment 1 Page 4 of 24 Finding 9: LMD Staff has referred this proposal to the appropriate planning agencies affected, as such this proposal has met the above criteria. Also, refer to Finding above. (d) Planning Commission - Recommendation and Record. (i) Recommendation of the Planning Commission on a Rural Comprehensive Plan component, or an amendment to a Plan component, shall be by resolution of the Commission and carried by the affirmative vote of not less than a majority of its total voting members. Finding 10: Again, this proposal is a both a RCP Amendment and a Metro Plan Amendment. Therefore, because this is a Joint Planning Commission public hearing as explained in other Findings, the Planning Commission’s vote on each of their respective individual items in this proposal must be carried out by an affirmative quorum vote. (ii) The record made at the Planning Commission hearings on a Rural Comprehensive Plan component, or an amendment to such Plan component and all materials submitted to or gathered by the Planning Commission for its consideration, shall be forwarded to the Board along with the recommendation. Finding 11: The Joint Planning Commissions recommendation will be forwarded by LMD staff to the BCC and City Councils for their consideration in additional public hearings scheduled by LMD staff. (e) Board Action - Hearing and Notice. (i) After a recommendation has been submitted to the Board by the Planning Commission on the Rural Comprehensive Plan component, or an amendment to such Plan component, all interested persons shall have an opportunity to be heard thereon at a public hearing before the Board conducted pursuant to LC 14.300. (ii) Notice of the time and place of the hearing shall be given pursuant to LC 14.300. (iii) If an exception to Statewide Planning Goals is to be considered during the hearing, such exception shall be specifically noted in the notice of such hearing. (iv) Hearings to consider amendments of the Plan Diagram that affect a single property, small group of properties or have other characteristics of a quasi- judicial proceeding shall be noticed pursuant to LC 14.300. Finding 12: Another public hearing process before the BCC and City Councils will be carried out after the Planning Commissions recommendation is received in LMD offices[lc1]. . (f) Concurrent Consideration. The Board and Planning Commission may hold a single joint meeting to consider the proposed Plan amendment consistent with the requirements of LC 16.400(6)(e)(ii),(iii) and (iv) above. (g) Board Referral. Before the Board makes any change or addition to a Plan component, or Plan component amendment recommended by the Planning Commission, it may first refer the proposed change or addition to the Planning Commission for an additional recommendation. Failure of the Planning Commission to report within 21 days after the referral, or such longer period as may be designated by the Board, shall be deemed to be approval of the proposed change or addition. It Attachment 4-23 Exhibit E to Attachment 1 Page 5 of 24 shall not be necessary for the Planning Commission to hold a public hearing on such change or addition. Finding 13: This is not a concurrent consideration proposal. Therefore, this criteria is not applicable. (h) Method of Adoption and Amendment. (i) The adoption or amendment of a Rural Comprehensive Plan component shall be by Ordinance. Finding 14: If approved by the BCC, this proposal will be adopted with a formal Ordinance. (ii) The adoption or amendment shall be concurrent with an amendment to LC 16.400(4) above. In the case of a Rural Comprehensive Plan adoption, the Code amendment shall place such Plan in the appropriate category. In the case of a Rural Comprehensive Plan amendment, the Code amendment shall insert the number of the amending Ordinance. Finding 15: If approved by the BCC, the Code amendment shall insert the number of the amending Ordinance. (iii) The Board may amend or supplement the Rural Comprehensive Plan upon making the following findings: (aa) For Major and Minor Amendments as defined in LC 16.400(8)(a) below, the Plan component or amendment meets all applicable requirements of local and state law, including Statewide Planning Goals and Oregon Administrative Rules. Finding 16: This is classified as a Major Plan Amendment. Findings of consistency with requirements of local and state law, Statewide Planning Goals, and Oregon Administrative Rules are explained elsewhere within this application. (bb) For Major and Minor Amendments as defined in LC 16.400(8)(a) below, the Plan amendment or component is: (i-i) necessary to correct an identified error in the application of the Plan; or (ii-ii) necessary to fulfill an identified public or community need for the intended result of the component or amendment; or (iii-iii) necessary to comply with the mandate of local, state or federal policy or law; or (iv-iv) necessary to provide for the implementation of adopted Plan policy or elements; or (v-v) otherwise deemed by the Board, for reasons briefly set forth in its decision, to be desirable, appropriate or proper. Finding 17: This Major Plan Amendment is consistent with criteria of LC 16.400(6)(h)(iii)(bb) (v-v) above. Attachment 4-24 Exhibit E to Attachment 1 Page 6 of 24 (cc) For Minor Amendments as defined in LC 16.400(8)(a) below, the Plan amendment or component does not conflict with adopted Policies of the Rural Comprehensive Plan, and if possible, achieves policy support. Finding 18: This proposal is not classified as a Minor Amendment. Therefore, this criteria is not applicable. (dd) For Minor Amendments as defined in LC 16.400(8)(a) below, the Plan amendment or component is compatible with the existing structure of the Rural Comprehensive Plan, and is consistent with the unamended portions or elements of the Plan. Finding 19: This proposal is not classified as a Minor Amendment. Therefore, this criteria is not applicable. (i) A change of zoning to implement a proposed Plan amendment may be considered concurrently with such amendment. In such case, the Board shall also make the final zone change decision, and the Hearings Official s consideration need not occur. Finding 20: Zone changes are being requested as part of the Amendment. In such cases, the BCC shall make the final zone change decision. APPLICABLE LANE CODE CH. 16.252 CRITERIA Lane Code Ch. 16.252 Procedures for Zoning, Rezoning and Amendments to Requirements (RCP items) (1) Purpose. As the Rural Comprehensive Plan for Lane County is implemented, changes in zone and other requirements of this chapter will be required. Such Amendments shall be made in accordance with the procedures of this section. Finding 21: Item No. 4 in this proposed amendment is a proposal for a zone change for 81 Rural Residential (RR) zoned properties within the current Metro Plan boundary area. This zone change is intended to update the rural residential zoning of these properties removed from the Metro Plan to maintain consistency with residential zoning regulations applied to lands elsewhere within the RCP. This change will apply Lane Code Ch. 16.291 (Rural Residential) to properties previously zoned under Lane Code Ch. 16.231 (Rural Residential). Furthermore, the zone changes are necessary to gain consistency with the Statewide Planning Goal 14 Rule. Lands zoned RR under LC 16.231 have not been updated to comply with the Statewide Planning Goal 14 Rule (Oregon Administrative Rules 660-004-0040, effective October 14, 2000) that has been adopted in other Lane County lands governed under the updated rural residential zoning LC 16.290. Goal 14 prohibits urban use of rural lands. Any use, development or division not consistent with the Goal 14 Rule will not be authorized on lands zoned under LC 16.231 within the Metro Plan area. Since Lane County is amending the Metro Plan boundary and Plan, we are required to update the rural residential zoned lands within the Metro Plan area to comply with the Goal 14 Rule as directed by OAR 660-004-0040(3)(b). Staff has prepared a comparison analysis between uses and development authorized under LC 16.231 and LC 16.291, which is provided as Attachment 13 to the memo that these findings are included with. Attachment 4-25 Exhibit E to Attachment 1 Page 7 of 24 (2) Criteria. Zonings, rezonings and changes in the requirements of this chapter shall be enacted to achieve the general purpose of this chapter and shall not be contrary to the public interest. In addition, zonings and rezonings shall be consistent with the specific purposes of the zone classification proposed, applicable Rural Comprehensive Plan elements and components, and Statewide Planning Goals for any portion of Lane County which has not been acknowledged for compliance with the Statewide Planning Goals by the Land Conservation and Development Commission. Any zoning or rezoning may be effected by Ordinance or Order of the Board of County Commissioners or the Hearings Official in accordance with the procedures in this section. Finding 22: The rezoning of these properties will be enacted to achieve the general purpose of this chapter and not contrary to public interest. Findings of consistency with other applicable RCP provisions, and the Statewide Planning Goals are found elsewhere within this application. Should the rezoning be approved by the BCC they will be in effect by this approved Ordinance. (3) Initiation/Application. (a) By Planning Commission. The zoning of unzoned properties, the rezoning of properties and amendment of this chapter may be initiated by the Planning Commission upon its own motion or upon petition by the Planning Commission upon request of the Board as provided in LC 16.252(3)(b) below. (b) By Board. The zoning of unzoned properties, the rezoning of properties and the amendment of this chapter may be initiated by the Board in the form of a request to the Planning Commission that it consider the proposed zoning, rezoning or amendment. (c) By Applicant. Application for the zoning or rezoning of properties may be made by any person as provided in LC 14.050. Finding 23: This Amendment proposal was initiated by Land Management Division staff at the direction of the Lane County Board of County Commissioners (BCC) as a high priority item in the adopted 2011 Long Range Planning Program. Therefore, Lane County is the applicant in this case. The Lane County Planning Commission will consider this proposal at the scheduled Public Hearing on July 19, 2011. (5) Planning Commission Public Hearing and Notice -- Legislative Matters. (a) The Planning Commission shall hold not less than one public hearing on each proposed legislative zoning or rezoning and amendment to the requirements of this chapter. (b) Notice of the time and place of hearing shall be given at least 10 days in advance by publication in a newspaper of general circulation in the County or in the territory concerned. (c) The Planning Commission shall review the Application or proposal and shall receive pertinent evidence and testimony as to why or how the proposed change is inconsistent with the criteria provided in LC 16.252(2) above for zoning, rezoning and amendment to the requirements of this chapter. The Commission shall determine whether the testimony at the hearing supports a finding that the proposal does or does not meet the required criteria, and shall recommend to the Board accordingly that the proposal be adopted or rejected. The Planning Commission and Board may hold one concurrent hearing. Finding 24: The Lane County Planning Commission will hold a public hearing on July 19, 2011 for this amendment proposal. Notice of hearing will exceed this provision and will be advertised in the Register Guard, a general circulation newspaper at least 21 days prior to public hearing. Attachment 4-26 Exhibit E to Attachment 1 Page 8 of 24 (6) Review Procedures. Applications for zoning or rezoning of specific properties shall be heard by the Hearings Official pursuant to LC 14.300. Finding 25: This proposal is being reviewed pursuant to LC Ch. 14.300 in the public hearing process. (7) Action by the Board. (a) Unless the Board and Planning Commission hold a concurrent hearing, upon receipt of an affirmative Planning Commission recommendation for legislative matters provided in LC 16.252(6) above, the Board shall schedule a public hearing as provided in LC 16.252(7)(b) below. The Board may schedule such a public hearing in the absence of an affirmative Planning Commission recommendation. Finding 26: This proposal is not scheduled as a concurrent hearing, therefore this criteria is not applicable. (b) Prior to taking any action which would alter or modify a Planning Commission recommendation or Hearings Official’s Order, the Board may first refer the proposed alteration or modification to the Planning Commission or Hearings Official for a recommendation. Failure of the Commission or Hearings Official to report within 20 days after the referral, or such longer period as may be designated by the Board, shall be deemed to be approval of the proposed alteration or modification. It shall not be necessary for the Commission or Hearings Official to hold a public hearing on the proposed alteration or modification. Finding 27: Should the BCC modify the Lane County Planning Commission recommendation the Board may choose to refer the proposed alteration or modification back to the Planning Commission for their recommendation. (8) Conditional Approval. The approving authority may impose reasonable conditions if the application is approved to be completed within one year. Finding 28: The approval authority may choose to impose reasonable conditions if this application is approved within one year. (9) Official Zoning Map. (a) The location and boundaries of the various zones established by this chapter shall be shown and delineated on maps covering portions of the County. These maps, upon their final adoption, shall be known as the Official Zoning Map. (b) The Zoning Map shall be established by ordinance. Subsequent amendments to the Official Zoning Maps, either for establishing zoning for previously unzoned property or for rezoning may be made by Ordinance or Order of the Hearing Authority in accordance with the provisions of LC 16.014, LC 16.015, and this section. Finding 29: Upon approval from the Board, the zoning maps will be updated and shall be known as the Official Zoning Map(s), as established by the Ordinance. APPLICABLE LANE CODE CH. 12 CRITERIA REVIEW Attachment 4-27 Exhibit E to Attachment 1 Page 9 of 24 Lane Code Ch. 12.060 Eugene-Springfield Metropolitan Area General Plan Notwithstanding any other provisions of this Chapter, compliance with the provisions of Chapter IV of the Eugene-Springfield Metropolitan Area General Plan is required for any review, amendment or refinement of the Eugene-Springfield Metropolitan Area General Plan. Finding 30: Findings of consistency with the provision of Chapter IV of the Metro Plan are provided under Finding 54-59, below. Lane Code Ch. 12.200 Purpose. Eugene-Springfield Metropolitan Area General Plan Element 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 have a public hearing before the appropriate governing bodies 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 Board of Commissioners may initiate a Type I or Type II Metro Plan amendment at any time. 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. Finding 31: This Amendment proposal was initiated by Land Management Division staff at the direction of the Lane County Board of County Commissioners (BCC) as a high priority item in the adopted 2011 Long Range Planning Program. The proposal is classified as a Type I Plan Amendment requiring a final decision from all three governing bodies (Eugene and Springfield City Councils, and the Lane County BCC). The adoption and process of this proposal shall follow the procedures and provisions contained in Ch. IV of the Metro Plan combined with the procedures of Lane Code. As noted in Finding 1 above, there are 5 separate elements to this proposal. Item number 1 is a Metro Plan Amendment and the other four items are amendments to Lane County RCP. The Metro Plan component will require a joint recommendation and the other four items related to the RCP will require the sole recommendation of the LCPC. This is because once the Metro Plan boundary is adjusted to Springfield’s Urban Growth Boundary, the geographic area will be subject to Lane County’s RCP within the sole planning jurisdiction the Lane County. Therefore, only the item related to the Metro Plan will be evaluated with findings in these Code sections below. (Findings of consistency concerning the RCP components can be found in LC Ch. 16.400 section elsewhere in this application). Lane Code Ch. 12.210 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, UGB/ Plan Boundary Changes or Other Goal Exceptions: Any of the three governing bodies. (i) The Board of Commissioners may solicit a recommendation from the planning commission before initiating this category of amendment. (ii) A citizen may seek council initiation of a Metro Plan Type I amendment by filing a written request with the County. A staff report on the request shall be submitted to the Board of Commissioners within 30 days of receipt of the request. At the direction of two Board members, the request shall be placed on the Board agenda for discussion. The Attachment 4-28 Exhibit E to Attachment 1 Page 10 of 24 request shall be considered denied if the Board takes no action within 60 days of the date the staff report is submitted to the Board. The Board need not hold a public hearing on a private Type I amendment request and may deny the request for any reason. A citizen seeking Board initiation of a site specific Metro Plan Type I amendment must own the property subject to the amendment. Finding 32: This proposal is a Type I Metro Plan amendment initiated by the Lane County Board of Commissioners, and therefore consistent with this criteria per (1)(a) above. (b) Type II Plan Diagram and Site Specific Text Amendments. (i) Inside the City limits: The Home City and citizens (ii) Between the City limits and the Plan Boundary: Any of the three governing bodies and citizens. (A) The Board may solicit a recommendation from the planning commission before initiating this category of amendment. A citizen initiating a Metro Plan Type II amendment must own the property subject to the amendment. (B) A citizen may seek Board initiation of a Metro Plan Type II amendment subject to the above requirements regarding Metro Plan Type I amendments initiated by the Board at the request of a citizen. Finding 33: This proposal is not a Type II amendment, therefore this criteria is not applicable. (2) When Plan Amendments Can be Initiated. Amendments to the Metro Plan shall be initiated and considered at the following times: (a) The Board may initiate a Type I or Type II Metro Plan amendment at any time. Consideration of this type of amendment shall begin immediately thereafter. Finding 34: The BCC directed LMD staff to initiate a Type I Metro Plan amendment as a high priority item in the adopted 2011 Long Range Planning Program. (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. Finding 35: This proposal is not a Type II Metro Plan amendment, therefore this criteria is not applicable. (c) Consideration of a privately 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 on the Planning Commission’s work program to begin within three months of the date the Metro Plan amendment application is submitted. Such a requested Metro Plan amendment shall be considered in the legislative proceedings on 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 Planning Director may waive a particular plan amendment application postponement under this subsection and require more immediate review if the Planning 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 Attachment 4-29 Exhibit E to Attachment 1 Page 11 of 24 area study adoption or amendment process will interfere with timely completion of that process. Finding 36: This proposal is not a citizen initiated Metro Plan amendment, therefore this criteria is not applicable. Lane Code Ch. 12.215 Referral of Plan Amendment. All Metro Plan amendments affecting land outside the city limits of either city shall be referred to the other city 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 affecting land inside the city limits of one city shall be referred to the other city 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. 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. Finding 37: This proposal was initiated by Lane County and is being referred to the two other participating cities; Eugene and Springfield. The proposal only involves land outside of the Urban Growth Boundary under the current plan document of the Metro Plan. The County has been coordinating with the both the City’s Planning agencies upon initiation of this Amendment application. Both city planning jurisdictions have chosen to participate in this Metro Plan amendment. It is understood that all jurisdictions participating in the amendment process must approve the Metro Plan component in order to enact this amendment. Lane Code Ch. 12.225 Metro Plan - Approval of A Plan Amendment. (1) Who Must Approve Plan Amendment. (a) Type I. (i) Non-Site Specific. To become effective, a non-site specific Metro Plan text Type I amendment must be approved by all three governing bodies. (ii) 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. (See Appendix "A) (iii) 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. Finding 38: The Metro Plan Amendment is classified as a Type I amendment and will be reviewed by all three governing bodies per (1)(a) above. (b) Type II. Attachment 4-30 Exhibit E to Attachment 1 Page 12 of 24 (i) Inside City Limits. To become effective, a Metro Plan Type II amendment inside the city limits must be approved by the Home City. (ii) 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. Finding 39: This proposal is classified as a Type I Metro Plan amendment, therefore this criteria is not applicable. (2) Criteria for Approval of Plan Amendment. The following criteria shall be applied by the Board of Commissioners in approving or denying a plan amendment application: (a) The amendment must be consistent with the relevant statewide planning goals adopted by the Land Conservation and Development Commission; and Finding 40: Findings of consistency of this proposed Metro Plan amendment with the Statewide Planning Goals are explained elsewhere in this application. (b) Adoption of the amendment must not make the Metro Plan internally inconsistent. Finding 41: As this amendment only reduces the total land area within the Metro Plan and does not change or affect any existing Metro Plan goals or policies, the amendment does not make the Metro Plan internally inconsistent. Lane Code Ch. 12.230 Metro Plan - Plan Amendment Approval Process (3) Planning Commission Consideration. Within 30 days after receipt of the staff report, the Home City’s Planning Commission shall hold a public hearing to consider the proposed Metro Plan amendment. At least 20 days before the hearing, notice of the hearing shall be published in a local newspaper of general circulation and mailed to the applicant and to persons who have requested notice. If the proposed amendment is quasi-judicial, 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 of property located 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 Home City’s 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 Home City’s 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. Finding 42: Again, there are five items involved in this proposal as explained in earlier findings. LMD Staff is required to harmonize and meet two different criteria for both the Metro Plan and RCP for processing this proposal. Because staff is dealing with two sets of “process” criteria, staff will use the more restrictive (or widespread) criteria. Thus, the requirements above will be followed or exceeded for the processing of the proposal. Attachment 4-31 Exhibit E to Attachment 1 Page 13 of 24 Notice of the joint Planning Commission Hearing will be mailed to property owners within at least 300’ of the Metro Plan boundary. Based off criteria of approval above, Lane County will receive the joint Planning Commission’s recommendation within 30 days after the close of the evidentiary hearing. This recommendation shall contain findings and conclusions on whether the proposal or a modified proposal meets the approval criteria. Lane Code Ch. 12.235 Metro Plan - Plan Amendment Approval Process - Two Jurisdictions. (1) When the Two Jurisdictions Process is Used. The following process shall be used to approve Metro Plan amendments when an amendment concerns land located outside of the corporate limits of one of the cities and the other city has chosen not to participate in the approval process. (2) Investigation and Report. Within 30 days after a response is 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 Metro Plan amendment was submitted shall investigate the facts bearing on the 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 Commissions of both affected jurisdictions shall hold a joint public hearing to consider the proposed Metro Plan amendment. The provisions of LC 12.230 above 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 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 final. (5) Conflict Resolution Process. The following process shall be used when the governing bodies do not enact identical decisions on the proposed Metro Plan amendment. (a) The Metro Plan amendment shall be referred to the Metropolitan Policy Committee within five days after the last governing body action. 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. Attachment 4-32 Exhibit E to Attachment 1 Page 14 of 24 (b) If the plan amendment is denied because of lack of consensus or committee inaction, within 5 days the planning 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. Finding 43: All three governing jurisdictions have chosen to participate in this Metro Plan Amendment, therefore the process of LC 12.240 below along with LC Ch. 16.400(6) shall be followed. Lane Code Ch. 12.240 Metro Plan - Plan Amendment 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. Finding 44: This Type I Metro Plan amendment is being processed as a three jurisdictional process. (2) Investigation and Report. Within 30 days after responses are received from both referral jurisdictions or within 50 days after the 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. Finding 45: LMD staff will prepare and mail a written report to the Planning Commissions of all three jurisdictions and mail the report to all affected and interested parties prior to the Public Hearing. The report will also be available in LMD offices during normal business hours. (3) Planning Commission Consideration. Within 30 days after receipt of the staff report, the Planning Commissions of Eugene, Springfield and Lane County shall hold a joint public hearing on the proposed Metro Plan amendment. The provisions of LC 12.230(3) above apply to the joint Planning Commission hearing. Within 30 days after the proposed Metro 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. Finding 46: A tri-jurisdictional joint Planning Commission Hearing is scheduled for July 19, 2011. As the criteria above directs, each Planning Commission shall make a recommendation to its governing body on the proposed Metro Plan amendment within 30 days after the close of the evidentiary hearing. Eugene and Springfield Planning Commission will make a recommendation to their City Councils on the Metro Plan item of this proposed ordinance, and Lane County Planning Commission will make a recommendation to the BCC on all five items of this proposed ordinance. The recommendation of all three Commissions shall be forwarded to staff in LMD to compile and deliver the joint recommendations to the BCC for their consideration and action in a subsequent public hearing. Attachment 4-33 Exhibit E to Attachment 1 Page 15 of 24 (4) Governing Bodies Action. Within 30 days after the last Planning Commission acts on the Metro Plan amendment proposal, the governing bodies of Eugene, Springfield and Lane County shall hold a joint public hearing on the plan 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, 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 they are identical. The date the last governing body acts shall be the date the action becomes final. The provisions of LC 12.235(5) above apply if the governing bodies do not enact an identical plan amendment. Finding 47: After the Lane County Planning staff receives the last Planning Commission’s recommendation, and within 30 days, Lane County will schedule a tri-jurisdictional governing body public hearing to be held on the Amendment proposal. For the Metro Plan item, the governing bodies decisions shall be based solely on the evidentiary record created before the Planning Commission and no new evidence shall be allowed at the governing body joint hearing. Each governing body will take action via separate jurisdictional (but identical) Ordinances to approve, modify and approve, or deny the proposed Metro Plan Amendment. Should the governing bodies not enact identical ordinances, the provisions of LC 12.235(5) will apply. Lane Code Ch. 12.245 Plan Amendment Processes - General Provisions. (1) Process for Government Initiated Plan Amendments. A different process, time line, or both, than the processes and timelines specified in LC 12.230, 12.235 or 12.240 above, may be established by the governing bodies of Eugene, Springfield and Lane County for any government initiated Metro Plan amendment. Finding 48: A different process or timeline as specified in LC 12.230, 12.235, or 12.240 may be established by the governing bodies if they deem worthy. (2) Time Frame Waiver. The time frames prescribed in connection with Type II Metro Plan amendment processes can be waived if the applicant agrees to the waivers. Finding 49: This is not a Type II amendment, therefore this criteria is not applicable. (3) Bar on Resubmittal. No privately initiated Metro Plan amendment application submitted to Lane County 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 Planning 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. Finding 50: This is the first time this amendment has been proposed, therefore this criteria is not applicable. (4) Relationship to Refinement Plan Amendments. When a Metro Plan amendment is enacted that requires an amendment to a refinement plan diagram or map for consistency, the Metro Plan diagram amendment automatically amends the refinement Attachment 4-34 Exhibit E to Attachment 1 Page 16 of 24 plan diagram or map if no amendment to the refinement plan text is involved. When a Metro Plan diagram amendment requires a refinement plan diagram or map and text amendment for consistency, the Metro Plan and refinement plan amendments shall be processed concurrently. Finding 51: No changes to a Metro plan Refinement Plan are being proposed. (5) 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 is 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 LC 12.235(5) and 12.240(4) above. Finding 52: The Metro Plan amendment component is considered one plan change, therefore this criteria is not applicable. (6) Relationship Of Amendment Process To Metro Plan Update And Periodic Review. An update of any element of the Metro Plan requires initiation and approval by all three jurisdictions. Amendments to the Metro Plan that result from state-mandated Periodic Review require approval by all three jurisdictions. Finding 53: The Metro Plan amendment entails initiation and approval from all three jurisdictions. APPLICABLE METRO PLAN CRITERIA REVIEW In addition to criteria identified elsewhere within this document, amendments to the Metro Plan also require consistency with Goal IV, Policies 3 –7 and 10 of the Metro Plan, listed below: 3. All amendments to the Metro Plan shall be classified as a Type I or Type 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(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 2that 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 Attachment 4-35 Exhibit E to Attachment 1 Page 17 of 24 classified as Type I or Type II amendments depending upon the specific changes that would result from these actions. Finding 54 : This is a Type 1 amendment as is entails a modification to the Metro Plan Boundary and is therefore consistent with this requirement. 4. Initiation of Metro Plan amendments shall be as follows: a. A Type I amendment may be initiated at the discretion of any one of the three governing bodies. (Note: this correction reflects adopted ordinance and code.) 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. c. Only a governing body may initiate a refinement plan, a functional plan, a special area study or Periodic Review or Metro Plan update. d. The governing bodies of the three metropolitan jurisdictions may initiate an amendment to the Metro Plan at any time. Citizen initiated Type II amendments may be initiated at any time. Finding 55 : This Type 1 amendment has been initiated by Lane County and is therefore consistent with this requirement. 5. The approval process for Metro Plan amendments, including the 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. Attachment 4-36 Exhibit E to Attachment 1 Page 18 of 24 c. An amendment will be considered to have Regional Impact if: (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. Finding 56: This amendment entails a Plan Boundary change that triggers one or more of the criteria identified in Policy 5. a., therefore, all three governing bodies are decision makers. 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. Finding 57: As this amendment requires a decision form all three jurisdictions, a public hearing must be held within 180 from the formal initiation date. The formal initiation date for this amendment is June 1, 2011. A public hearing for this amendment is scheduled for July 19, 2011, which is within the required time specified. This will be a joint hearing of the three Planning Commissions. The recommendation from the three Planning Commissions will be forwarded to the elected officials who shall also conduct a joint public hearing prior to making a final decision. Attachment 4-37 Exhibit E to Attachment 1 Page 19 of 24 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. Finding 58: If consensus is reached to approve a proposed amendment, substantively identical ordinances affecting the changes shall be adopted by the three jurisdictions. 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. Finding 59: This amendment is not part of a Periodic Review work program, but it was initiated by Lane County BCC and is therefore consistent with this requirement. APPLICABLE STATEWIDE PLANNING GOALS REVIEW As directed by Lane Code Ch. 16.400(6)(h)(ii)(aa) for the RCP amendment items, LC 12.225(2)(a) for the Metro Plan amendment item, and ORS 197.175(2)(a), the proposal must be consistent with the relevant Statewide Planning Goals. Goal 1: Citizen Involvement To provide for widespread citizen involvement. Finding 60: This goal requires that citizens and affected public agencies be provided an opportunity to comment and participate on the proposed amendments. As part of this application review process, public notification in the form of mailed notices was sent by LMD to affected property owners, public agencies, local service providers, other interdepartmental departments, and the Department of Land Conservation & Development (DLCD). Public notice of the Planning Commission hearing and the Board of Commissioners hearings are published once for each hearing in the Eugene Register-Guard newspaper. Additionally, a Ballot Measure 56 notice was mailed to all property owners affected by the proposed zone changes. LMD has done a number of outreach actions for this item. On April 21, 2011 LMD staff held an Open House Event in Harris Hall advertized on two different dates via a display advertisement in the Eugene Register Guard. Additionally, LMD has created an informational webpage for this item at: http://www.lanecounty.org/Departments/PW/LMD/LandUse/Pages/MetroBoundary.aspx. Given the above finding, the application is consistent with Goal 1. Goal 2: Planning To establish a land use planning process and policy framework as a basis for all decisions and actions to use of land and to assure an adequate factual base for such decisions and actions. Attachment 4-38 Exhibit E to Attachment 1 Page 20 of 24 Finding 61: This goal requires governmental agencies to adopt land use plans and implementation ordinances after public hearings are completed. Lane County has conformed to the goal through adoption of the Rural Comprehensive Plan and the implementing ordinances found in Lane Code Ch. 16. Lane County co-adopted the Metro Plan pursuant to Ordinance No. 883 which is a component of the RCP pursuant to LC 16.400(4)(a)(i). The County is required to provide the public opportunities to comment and participate during the review of this (and any) plan amendment proposal. The public hearing and notification process will be conducted pursuant to applicable provisions in Lane Code Ch. 14.300, LC Ch. 16.400(6), LC Ch. 12, and Metro Plan Ch IV. Throughout this document staff has developed findings of consistency with a wide range of applicable criteria listed above. The proposal must meet any and all of the criteria in order to be implemented and adopted. Consistency with Goal 2 is derived through the public process along with the complete set of findings of consistency with all the criteria. Goal 3: Agricultural Lands To preserve and maintain agricultural lands. Finding 62: This goal recognizes the importance of maintaining agricultural lands as those that are defined under the goal. In western Oregon, agricultural land consist of predominantly Class I through IV soils identified by the Soil Conservation Service and other lands suitable for farm use taking into consideration soil fertility, suitability for grazing, climatic conditions, existing and future availability of water for farm and irrigation purposes, existing land use patterns, technological and energy input required for accepted farm practices. Lands in other classes which are necessary to permit farm practices to be undertaken on adjacent or nearby lands, shall be included as agricultural land in any event. Agricultural lands shall be preserved and maintained for farm use, consistent with existing and future needs for agricultural products. There are many acres of agricultural lands within the Metro Plan area. This proposal is not affecting the amount, changing the amount of agricultural lands base, nor is it changing the uses allowed in the agricultural lands in Lane County. An item in this ordinance is simply changing like-for-like Plan designations: from Metro Plan “Agriculture” to Lane County Rural Comprehensive Plan “Agricultural” plan designations. Thus, lands previously governed under the Metro Plan will be governed under the RCP should this amendment obtain approval. Lane County completed Goal 3 requirements in its acknowledged RCP. Given the above finding, the application is consistent with Goal 3. Goal 4: Forest Lands This goal defines forest lands and requires counties to inventory them and adopt policies and ordinances that will "conserve forest lands for forest uses." Finding 63: This goal promotes the importance of conserving forest lands for forest uses. Forest Lands shall include lands which are suitable for commercial forest uses including adjacent or nearby lands which are necessary to permit forest operations or practices and other forested lands that maintain soil, air, water and fish and wildlife resources. There some areas of forest land within the Metro Plan area. This proposal is not affecting the amount, changing the amount of forest lands base, or changing the uses allowed in the forest lands in Lane County. An item in this ordinance is simply changing like-for-like Plan designations: from Metro Plan “Forest land” to Lane County Rural Comprehensive Plan “Forest” Attachment 4-39 Exhibit E to Attachment 1 Page 21 of 24 plan designations. Thus, lands previously governed under the Metro Plan will be governed under the RCP should this amendment obtain approval. Lane County completed Goal 4 requirements in its acknowledged RCP. Given the above finding, the application is consistent with Goal 4. Goal 5: Natural Resources, Scenic and Historic Areas, and Open Spaces To protect natural resources and conserve scenic and historic areas and open spaces. Finding 64: This goal directs jurisdictions to inventory, protect, and conserve natural resources for present and future generations. Within the Metro Plan area, Lane County, Springfield, and Eugene jointly completed the Goal 5 requirements in the acknowledged Metro Plan document Ch. III Environmental Resources Element, Goal 5 sections. If adopted, the proposed amendments would apply existing Goal 5 policies currently contained in the Metro Plan to lands removed from the Metro Plan and placed within the jurisdiction of the RCP. Therefore no changes in existing goal 5 policies are being implemented through by these amendments. Additionally, the “Safe Harbor” riparian protection regulations for areas within the Metro Plan will be applied to lands removed from the Metro Plan. Based on this finding, the application is consistent with Goal 5. Goal 6: Air, Water and Land Resource Quality To maintain and improve the quality of the air, water and land resources of the state. Finding 65: This goal requires adequate protection measures for preservation of air, water and land. Within the Metro Plan area, Lane County, Springfield, and Eugene jointly completed the Goal 6 requirements in the acknowledged Metro Plan document Ch. III Environmental Resources Element, Goal 6 sections. No changes to Goal 6 elements are being attempted with this proposal. Lands previously governed under the Metro Plan will be governed under the RCP should this amendment obtain approval. Lane County completed Goal 6 requirements in its acknowledged RCP. Given the above finding, the application is consistent with Goal 6. Goal 7: Areas Subject to Natural Hazards To protect people and property from natural hazards. Finding 66: This goal directs jurisdictions to adopt comprehensive plans that reduce the risks to people and property from natural hazards. Within the Metro Plan area, Lane County, Springfield, and Eugene jointly completed the Goal 7 requirements in the acknowledged Metro Plan document Ch. III Environmental Resources Element, Goal 7 sections. No changes to Goal 7 elements are being attempted with this proposal. Lands previously governed under the Metro Plan will be governed under the RCP should this amendment obtain approval. Lane County completed Goal 7 requirements in its acknowledged RCP. Given the above finding, the application is consistent with Goal 7. Goal 8: Recreational Needs To satisfy the recreational needs of the citizens of the state and visitors and, where appropriate, to provide for the siting of necessary recreational facilities including destination resorts. Attachment 4-40 Exhibit E to Attachment 1 Page 22 of 24 Finding 67: The goal’s requirements for meeting recreational needs, now and in the future, shall be planned for by governmental agencies having responsibility for recreation areas, facilities and opportunities. Within the Metro Plan area, Lane County, Springfield, and Eugene jointly completed the Goal 8 requirements in the acknowledged Metro Plan document Ch. III Parks and Recreation Facility Element, section G. No changes to Goal 8 elements are being attempted with this proposal. Lands previously governed under the Metro Plan will be governed under the RCP should this amendment obtain approval. Lane County completed Goal 8 requirements in its acknowledged RCP. Given the above finding, the application is consistent with Goal 8. Goal 9: Economic Development To provide adequate opportunities throughout the state for a variety of economic activities vital to the health, welfare, and prosperity of Oregon's citizens. Finding 68: This goal states Comprehensive plans and policies shall contribute to a stable and healthy economy in all regions of the state. Within the Metro Plan area, Lane County, Springfield, and Eugene jointly completed the Goal 9 requirements in the acknowledged Metro Plan document Ch. III Economic Element, section B. No changes to Goal 9 elements are being attempted with this proposal. Lands previously governed under the Metro Plan will be governed under the RCP should this amendment obtain approval. Lane County completed Goal 9 requirements in its acknowledged RCP. Given the above finding, the application is consistent with Goal 9. Goal 10: Housing To provide for the housing needs for the citizens of the State. Finding 69: This goal states plans shall encourage the availability of adequate numbers of needed housing units at price ranges and rent levels which are commensurate with the financial capabilities of Oregon households and allow for flexibility of housing location, type and density. Within the Metro Plan area, Lane County, Springfield, and Eugene jointly completed the Goal 10 requirements in the acknowledged Metro Plan document Ch. III Residential Land Use and Housing Element, section A. No changes to Goal 10 elements are being attempted with this proposal. Lands previously governed under the Metro Plan will be governed under the RCP should this amendment obtain approval. Lane County completed Goal 10 requirements in its acknowledged RCP. Given the above finding, the application is consistent with Goal 10. Goal 11: Public Facilities and Services To plan and develop a timely, orderly and efficient arrangement of public facilities and services to serve as a framework for urban and rural development. Finding 70: The goal states Urban and rural development shall be guided and supported by types and levels of urban and rural public facilities and services appropriate for, but limited to, the needs and requirements of the urban, urbanizable, and rural areas to be served. A provision for key facilities shall be included in each plan. Within the Metro Plan area, Lane County, Springfield, and Eugene jointly completed the Goal 11 requirements in the acknowledged Metro Plan document Ch. III Public Facilities and Services Element, section H. No changes to Goal 11 elements are being attempted with this proposal. Lands previously governed under the Metro Plan will be governed under the RCP should this amendment obtain approval. Lane County completed Goal 11 requirements in its acknowledged RCP. Given the above finding, the application is consistent with Goal 11. Attachment 4-41 Exhibit E to Attachment 1 Page 23 of 24 Goal 12: Transportation To provide and encourage a safe, convenient and economic transportation system. Finding 71: Under this goal, transportation a transportation plan shall (1) consider all modes of transportation including mass transit, air, water, pipeline, rail, highway, bicycle and pedestrian; (2) be based upon an inventory of local, regional and state transportation needs; (3) consider the differences in social consequences that would result from utilizing differing combinations of transportation modes; (4) avoid principal reliance upon any one mode of transportation; (5) minimize adverse social, economic and environmental impacts and costs; (6) conserve energy; (7) meet the needs of the transportation disadvantaged by improving transportation services; (8) facilitate the flow of goods and services so as to strengthen the local and regional economy; and (9) conform with local and regional comprehensive land use plans. Each plan shall include a provision for transportation as a key facility. Within the Metro Plan area, Lane County, Springfield, and Eugene jointly completed the Goal 12 requirements in the acknowledged Metro Plan document Ch. III Transportation Element, section F. No changes to Goal 12 elements are being attempted with this proposal. Lands previously governed under the Metro Plan will be governed under the RCP should this amendment obtain approval. Lane County completed Goal 12 requirements in its acknowledged RCP and in the Lane County Rural Transportation Plan; a special purpose plan of the RCP. Given the above finding, the application is consistent with Goal 12. Goal 13: Energy Conservation To conserve energy Finding 72: This goal states land and uses shall be managed and controlled so as to maximize the conservation of all forms of energy, based upon sound economic principles. Within the Metro Plan area, Lane County, Springfield, and Eugene jointly completed the Goal 13 requirements in the acknowledged Metro Plan document Ch. III Energy Element, section J. No changes to Goal 13 elements are being attempted with this proposal. Lands previously governed under the Metro Plan will be governed under the RCP should this amendment obtain approval. Lane County completed Goal 13 requirements in its acknowledged RCP. Given the above finding, the application is consistent with Goal 13. Goal 14: Urbanization To provide for an orderly and efficient transition from rural to urban land use, to accommodate urban population and urban employment inside urban growth boundaries, to ensure efficient use of land, and to provide for livable communities. Finding 73: The Metro Plan area is not within an urban growth boundary. This proposal is seeking to move the Metro Plan boundary corresponding with the adopted Springfield UBG in phase 1 of this proposal. There is no foreseeable connection between the proposed Metro Plan Boundary adjustment and future UGB expansions or annexations. Lands previously governed under the Metro Plan will be governed under the RCP should this amendment obtain approval. Lane County completed Goal 14 requirements in its acknowledged RCP. Given the above finding, the application is consistent with Goal 14. Goal: 15 Willamette River Greenway To protect, conserve, enhance and maintain the natural, scenic, historical, agricultural, economic and recreational qualities of lands along the Willamette River as the Willamette River Greenway. Attachment 4-42 Exhibit E to Attachment 1 Page 24 of 24 Finding 74: The goal recognizes the importance to protect, conserve, and enhance areas along the Willamette Greenway. Areas which contain this boundary within the Metro Plan area are located along the river banks of the Coast and Middle Fork Willamette River. Lane County requires Greenway Development Permits for intensification or changes of use or development as defined in LC 16.254. The jurisdictional area of the Metro Plan was found to be in compliance with Goal 15 on September 12, 1982. Lands previously governed under the Metro Plan will be governed under the RCP should this amendment obtain approval. Lane County completed Goal 15 requirements in its acknowledged RCP. Given the above finding, the application is consistent with Goal 15. Goal: 16 Estuarine Resources Goal: 17 Coastal Shorelands Goal: 18 Beaches and Dunes Goal: 19 Ocean Resources Finding 75: These four goals are geographically separated from the Metro Plan area. Therefore, they are not applicable to this application. Attachment 4-43 Page 1 – Ordinance No. PA 1283 IN THE BOARD OF COUNTY COMMISSIONERS, LANE COUNTY, OREGON ORDINANCE NO. PA 1283 WHEREAS, through Ordinance No. PA 1281, the partners of the Eugene-Springfield Metropolitan Area General Plan (Metro Plan) have jointly modified the boundaries of the Metro Plan; and WHEREAS, it is now necessary to amend the Lane County Rural Comprehensive Plan (RCP) to apply RCP plan designations to lands removed from the Metro Plan pursuant to ordinance no. PA 1281; and WHEREAS, it is also necessary to adopt the City of Springfield’s parcel specific Urban Growth Boundary location on official Lane County RCP plan and zone maps to comply with OAR 660-024-0020(2); and WHEREAS, the proposal was reviewed at a hearing of Lane County Planning Commission on July 19, 2011, and August 16, 2011; and WHEREAS, the proposal was also reviewed at hearing of the Lane County Board of Commissioners on March 13, 2012; and WHEREAS, evidence exists in the record indicating that the proposal meets the requirements of the RCP, Lane Code and applicable state law; and WHEREAS, the Board of County Commissioners is now ready to take action. NOW, THEREFORE, the Board of County Commissioners of Lane County ordains as follows: Section 1. The Official Lane County Rural Comprehensive Plan (RCP) - plan maps # 1701, 1702, 1703, 1802 and 1803, which are included as Exhibits A-E to this ordinance are hereby repealed and replaced with the amended RCP plan maps # 1701, 1702, 1703, 1802 and 1803 included as Exhibits F-J attached and incorporated herein by this reference. Section 2. The Official RCP – zone maps # 1702, 1703, 1802 and 1803, which are included as Exhibits K-N to this ordinance are hereby repealed and replaced with the amended RCP zone maps # 1702, 1703, 1802 and 1803 included as Exhibits O- R attached and incorporated herein by this reference. IN THE MATTER OF AMENDING THE LANE COUNTY RURAL COMPREHENSIVE PLAN BY APPLYING PLAN DESIGNATIONS TO LANDS REMOVED FROM THE METRO PLAN PURSUANT TO ORDINANCE NO. PA 1281; ADOPTING THE CITY OF SPRINGFIELD PARCEL SPECIFIC UGB BOUNDARY ON OFFICIAL LANE COUNTY RURAL COMPREHENSIVE PLAN MAPS TO COMPLY WITH OAR 660-024-0020(2); AND ADOPTING SAVINGS AND SEVERABILITY CLAUSES. Attachment 4-44 Page 2 – Ordinance No. PA 1283 Section 3. The prior policies, plan and zone diagram designations repealed or changed by this Ordinance remain in full force and effect to authorize prosecution of persons in violation thereof prior to the effective date of this Ordinance. Section 4. If any section, subsection, sentence, clause phrase of portion of this Ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such section shall be deemed a separate, distinct and independent provision, and such holding shall not affect the validity of the remaining portions thereof. FURTHER, although not part of this Ordinance, the Board of County Commissioners adopts findings and conclusions in support of this action as set forth in Exhibit “E” to Ordinance No. PA 1281, incorporated here by this reference. ENACTED this ______day of _______________, 2012. __________________________________ Sid Leiken, Chair Lane County Board of Commissioners _____________________________________ Recording Secretary for this Board Meeting APPROVED AS TO FORM Date Lane County OFFICE OF LEGAL COUNSEL Attachment 4-45 6 7 3 4 8 2 5 9 1 34 30 19 35 18 31 11 16 21 20 29 28 36 15 1314 12 26 25 17 22 33 27 32 23 10 24 UPPER CAMP CREEK RD TIKI LN KICKBUSCH LN TWIN FIRS RD MILLICAN RD M J CHASE RD WORTH RD MCKENZIE ACRES DR TONGA LN GEM STO NE RD CHITA LP CLEMENS RD HEATHER DR EMERALD WAY E CEDAR FLAT RD E A S T O N L N PARTRIDGE LN KEOLA LN E A S T O F E D E N R D MITTEN LN POTTER LN ERMI BEE RD BOSCAGE LN 6 2 7 45 3 1 8 9 11 30 28 25 31 19 18 34 20 23 1 7 6 8 9 5 234 19 18 31 11 30 22 28 34 1617 12346 5 7 8 9 11 19 30 31 18 23 36 10 14 22 6 1 4 7 5 3 9 2 8 11 35 20 17 13 23 29 25 14