Planning Commission

AGENDA Meeting Location: Sloat Room Atrium Building Phone: 541-682-5481 99 West 10th Avenue www.eugene-or.gov/pc Eugene, Oregon 97401 The Eugene Planning Commission welcomes your interest in this agenda item. Feel free to come and go as you please at the meeting. This meeting location is wheelchair-accessible. For the hearing impaired, FM assistive-listening devices are available or an interpreter can be provided with 48 hours’ notice prior to the meeting. Spanish-language interpretation will also be provided with 48 hours’ notice. To arrange for these services, contact the Planning Department at 541-682-5675. TUESDAY, MARCH 14, 2017 – 6:00 P.M. PUBLIC HEARING/POSSIBLE ACTION: PARKS AND RECREATION FACILITIES ELEMENT OF THE METRO PLAN The Planning Commission will hold a public hearing on a proposed Eugene-only text amendment to the Parks and Recreation Facilities Element of the Eugene-Springfield Metro Plan that would allow the City of Eugene to adopt a parks and recreation plan as an aspirational plan rather than as a land use plan. Lead City Staff: Neil Bjorklund, 541-682-4909 Neil.h.bjorklund@ci.eugene.or.us Public Hearing Format: The Planning Commission will receive a brief City staff report followed by an opportunity for public comment. Time limits on testimony may be imposed. The Planning Commission may seek a response to testimony from City staff. At the end of the hearing, the Planning Commission Chair will announce whether the record is closed, the record will be held open, or the public hearing will be continued. Commissioners: Steven Baker; John Barofsky; John Jaworski (Vice Chair); Jeffrey Mills; Brianna Nicolello; William Randall; Kristen Taylor (Chair)  AGENDA ITEM SUMMARY March 14, 2017 To: Eugene Planning Commission From: Neil Bjӧrklund, Public Works Department Subject: Metro Plan Amendment, Parks and Recreation Facilities Element ISSUE STATEMENT The Eugene Parks and Open Space and Recreation Divisions are in the process of developing a new plan for future capital improvements in the city-wide system of park and recreation facilities, called the Eugene Parks and Recreation System Plan. The previous plan, the Parks, Recreation and Open Space (PROS) plan, was adopted by the City Council in 2006, but was later appealed to LUBA, and ultimately remanded back to the city to address an inconsistency with one particular Metro Plan Policy. The 2006 PROS plan was not intended to be a land use regulation, but LUBA determined that the Metro Plan prohibited the city from adopting the 2006 PROS plan unless it included the PROS plan as part of the City’s land use code. In response, the city chose not to adopt the 2006 PROS plan, at all. Like the 2006 plan, the new Eugene Parks and Recreation System Plan is not intended to be a land use regulation. The proposed ordinance would amend the Metro Plan to resolve this policy inconsistency so that the city can adopt the Eugene Parks and Recreation System Plan as intended. At this meeting, the Planning Commission will have a work session to learn about and discuss the proposed Metro Plan amendment, followed by a Public Hearing. Depending on the extent and nature of the testimony at the hearing, the Commission may take action on a recommendation to the Council following the hearing. BACKGROUND The Metro Plan currently contains a policy requiring the City’s policies for future park and recreation facilities to be adopted as land use policy and incorporated into the land use code. Policy H.2 in Section H in Chapter III of the Metro Plan provides: Local parks and recreation plans and analyses shall be prepared by each jurisdiction and coordinated on a metropolitan level. The park standards adopted by the applicable city and incorporated into the city’s development code shall be used in local development processes. This policy dates back to an era when the inventory of developable land within Eugene and Springfield’s shared UGB did not account for (subtract) land for public parks and open space. The City’s new buildable lands inventory includes this accounting; it explicitly excludes the land needed for future public parks, so that the planning, acquisition, design and development of land Page 1 Eugene Parks and Rec System Plan Metro Plan Amendment Memo Page 1 for future parks will not impact the residential buildable lands inventory. This makes the Policy H.2 unnecessary for Eugene. With this in mind, the Parks and Open Space Division and Recreation Division chose to draft the new plan for future park and recreation capital development as an aspirational plan, rather than one that imposes specific requirements integrated into the Metro Plan and the land use code. There are several reasons for this. The policies and proposed projects that will be included in the new Parks and Recreation System Plan are for land acquired and owned by the city—there will not be any prescriptive policies that place limitations on use or development of private land. The development of the new Parks and Recreation System Plan has already involved input from more than 10,000 Eugene community members, and represents a broad future vision for development of park and recreation facilities on public lands based upon the stated preferences of the community. With this in mind, the collective assessment of staff is that adding a land use approval process on top of this massive public engagement campaign will not improve the plan or add value or effectiveness to the adoption process. Finally, staff concludes that no land use related policy is necessary in the new Parks and Recreation System Plan to carry out a robust vision for future development of Eugene’s park and recreation facilities. PROPOSED AMENDMENT The proposed Metro Plan Amendment would add the following sentence to Policy H2: This Policy does not apply to the City of Eugene, where a park and recreation plan may be aspirational in nature and does not need to be adopted as a land use plan. This approach confines the impact of the amendment to Eugene alone, leaving the other jurisdictions to approach this issue as they see fit, while clarifying that Eugene’s adoption of an aspirational plan will be consistent with the Metro Plan. NEXT STEPS The key steps in this process are: 1. City Council initiation of the Metro Plan amendment, which was completed on January 24, 2017. 2. Eugene Planning Commission work session. 3. Eugene Planning Commission public hearing and recommendation. 4. Eugene City Council work session. 5. Eugene City Council hearing and action. 6. Metro Plan Amendment becomes effective 30 days after approval. Additional information on the Parks and Rec System Plan is available on the project website at www.eugparksandrec.org. ATTACHMENTS Page 2 Eugene Parks and Rec System Plan Metro Plan Amendment Memo Page 2 A. Draft Metro Plan Amendment B. Draft Metro Plan Amendment findings FOR MORE INFORMATION Contact Neil Bjorklund at 541-682-4909, neil.h.bjorklund@ci.eugene.or.us Page 3 Eugene Parks and Rec System Plan Metro Plan Amendment Memo Page 3  ATTACHMENT A ORDINANCE NO. _____ AN ORDINANCE AMENDING THE EUGENE-SPRINGFIELD METROPOLITAN AREA GENERAL PLAN POLICY H.2 TO CLARIFY EUGENE MAY ADOPT ASPIRATIONAL PARK PLANS. THE CITY OF EUGENE DOES ORDAIN AS FOLLOWS: Section 1. The Eugene-Springfield Metropolitan Area General Plan is amended to add new text to the end of Policy H.2 in Section H in Chapter III of the Metro Plan, to provide: H.2 Local parks and recreation plans and analyses shall be prepared by each jurisdiction and coordinated on a metropolitan level. The park standards adopted by the applicable city and incorporated into the city’s development code shall be used in local development processes. [This Policy does not apply to the City of Eugene, where a park and recreation plan may be aspirational in nature and does not need to be adopted as a land use plan.] Section 2. The findings set forth in Exhibit A attached to this Ordinance are provided in support of this ordinance. Section 3. This Ordinance shall take effect pursuant to Section 32 of the Eugene Charter 2002. Passed by the City Council this Approved by the Mayor this ___ day of _______________, 2017 ____ day of _______________, 2017 ____________________________ _____________________________ City Recorder Mayor Ordinance - Page 1 of 1 Page 4  ATTACHMENT B Exhibit A Findings Metro Plan Amendment (City File MA 17-2) Metro Plan Amendment (City File MA 17-2) The policy with the amendment showing in bold underline italics is provided below: H.2 Local parks and recreation plans and analyses shall be prepared by each jurisdiction and coordinated on a metropolitan level. The park standards adopted by the applicable city and incorporated into the city’s development code shall be used in local development processes. This Policy does not apply to the City of Eugene, where a park and recreation plan may be aspirational in nature and does not need to be adopted as a land use plan. Findings Eugene Code Section 9.7735 requires that the following approval criteria (in bold italics) be applied to a Metro Plan amendment: Criteria for Approval of Plan Amendment. The following criteria shall be applied by the city council in approving or denying a Metro Plan amendment application: (1) The proposed amendment is consistent with the relevant Statewide Planning Goals; and Goal 1 - Citizen Involvement. To develop a citizen involvement program that insures the opportunity for citizens to be involved in all phases of the planning process. The City has acknowledged provisions for citizen involvement which ensure the opportunity for citizens to be involved in all phases of the planning process and set out requirements for such involvement. The amendment does not amend the citizen involvement program. The process for adopting this amendment complies with Goal 1 because it is consistent with the citizen involvement provisions. This amendment anticipates the future adoption of a new park and recreation plan. The citizen involvement process for the draft Eugene Parks and Recreation System Plan has far exceeded any previous standards established for citizen and community involvement. More than 10,000 interactions with Eugene community members have occurred thus far through online surveys, phone surveys, small group discussions, and more than forty public events in parks and other public spaces designed to gather input. The Planning Commission public hearing on the proposal was duly noticed to all individuals who have requested notice, as well as to the City of Springfield and Lane County. In addition, notice of the public hearing was also published in the Register Guard. The City Council will hold a duly noticed Page 5  ATTACHMENT B Exhibit A public hearing to consider approval, modification, or denial of the code amendments. These processes afford ample opportunity for citizen involvement consistent with Goal 1. Therefore, the proposed ordinance is consistent with Statewide Planning Goal 1. Goal 2 - Land Use Planning. To establish a land use planning process and policy framework as a basis for all decisions and actions related to use of land and to assure an adequate factual basis for such decisions and actions. Eugene’s land use code specifies the procedure and criteria that were used in considering these amendments. The record shows that there is an adequate factual base for the amendments. The Goal 2 coordination requirement is met when the City engages in an exchange, or invites such an exchange, between the City and any affected governmental unit and when the City uses the information obtained in the exchange to balance the needs of the citizens. To comply with the Goal 2 coordination requirement, the City provided notice to the City of Springfield, Lane County, and Lane Council of Governments. The City provided notice of the proposed action and opportunity to comment to the Oregon Department of Land Conservation and Development. There are no exceptions to Statewide Planning Goal 2 required for these amendments. Therefore, the amendments are consistent with Statewide Planning Goal 2. Goal 3 - Agricultural Lands. To preserve agricultural lands. Goal 4 - Forest Lands. To conserve forest lands. The amendments do not affect any land designated for agricultural or forest use. Therefore, Statewide Planning Goals 3 and 4 do not apply. Goal 5 - Open Spaces, Scenic and Historic Areas, and Natural Resources. To conserve open space and protect natural and scenic resources. OAR 660-023-0250(3) provides: Local governments are not required to apply Goal 5 in consideration of a PAPA unless the PAPA affects a Goal 5 resource. For purposes of this section, a PAPA would affect a Goal 5 resource only if: (a) The PAPA creates or amends a resource list or a portion of an acknowledged plan or land use regulation adopted in order to protect a significant Goal 5 resource or to address specific requirements of Goal 5; (b) The PAPA allows new uses that could be conflicting uses with a particular significant Goal 5 resource site on an acknowledged resource list; or (c) The PAPA amends an acknowledged UGB and factual information is submitted demonstrating that a resource site, or the impact areas of such a site, is included in the amended UGB area. This amendment does not create or amend the City’s list of Goal 5 resources, does not amend a code provision adopted in order to protect a significant Goal 5 resource or to address specific requirements of Goal 5, does not allow new uses that could be conflicting uses with a significant Goal Findings - 2 Page 6  ATTACHMENT B Exhibit A 5 resource site and does not amend the acknowledged urban growth boundary. Therefore, Statewide Planning Goal 5 does not apply. Goal 6 - Air, Water and Land Resource Quality. To maintain and improve the quality of the air, water and land resources of the state. Goal 6 addresses waste and process discharges from development, and is aimed at protecting air, water and land from impacts from those discharges. The amendment does not affect the City’s ability to provide for clean air, water or land resources. Therefore, Statewide Planning Goal 6 does not apply. Goal 7 - Areas Subject to Natural Disasters and Hazards. To protect life and property from natural disasters and hazards. Goal 7 requires that local government planning programs include provisions to protect people and property from natural hazards such as floods, landslides, earthquakes and related hazards, tsunamis and wildfires and prohibits development in natural hazard areas without appropriate safeguards. The amendment does not affect the City’s restrictions on development in areas subject to natural disasters and hazards. Therefore, Statewide Planning Goal 7 does not apply. 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. Goal 8 ensures the provision of recreational facilities to Oregon citizens and is largely concerned with the provision of large destination facilities in non-urban areas. Neither Goal 8 nor DLCD’s rules requires cities to adopt local park plans. Nonetheless, the City of Eugene is anticipating the future adoption of a local park plan. The amendment allows the City of Eugene flexibility in the process for adoption of Eugene’s park and recreation plan. To the extent Statewide Planning Goal 8 is applicable (if at all), this amendment is consistent with Statewide Planning 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. The amendment does not change available opportunities for economic activities. Therefore, Statewide Planning Goal 9 does not apply. Goal 10 - Housing. To provide for the housing needs of citizens of the state. The amendment does not impact provision of housing. Therefore, Statewide Planning Goal 10 does not apply. 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. Findings - 3 Page 7  ATTACHMENT B Exhibit A The amendment does not affect the City’s provision of public facilities and services. Therefore, Statewide Planning Goal 11 does not apply. Goal 12- Transportation. To provide and encourage a safe, convenient and economic transportation system. The amendment does not impact transportation. Therefore, Statewide Planning Goal 12 does not apply. Goal 13 - Energy Conservation. To conserve energy. The amendment does not impact energy conservation. Therefore, Statewide Planning Goal 13 does not apply. Goal 14 - Urbanization. To provide for an orderly and efficient transition from rural to urban land use. The amendment does not affect the City’s provisions regarding the transition of land from rural to urban uses. Therefore, Statewide Planning Goal 14 does not apply. 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. The amendment does not contain any changes that affect the Willamette River Greenway regulations, Therefore, Statewide Planning Goal 15 does not apply. Goal 16 through 19 - Estuarine Resources, Coastal Shorelands, Beaches and Dunes, and Ocean Resources. There are no coastal, ocean, estuarine, or beach and dune resources within the jurisdiction of the Metro Plan. Therefore, these goals are not relevant and the amendments will not affect compliance with Statewide Planning Goals 16 through 19. (2) The proposed amendment does not make the Metro Plan internally inconsistent. The Metro Plan text amendment to allow Eugene to adopt a parks and recreation plan that is aspirational will not create an internal conflict with the remainder of the Metro Plan. No other text changes and no diagram changes are necessary to ensure internal consistency with the proposed text amendment; adoption of this amendment will not make the Metro Plan internally consistent. The following policy from the Metro Plan (identified below in italics) is potentially applicable to this amendment. Findings - 4 Page 8  ATTACHMENT B Exhibit A Park and Recreation Facilities Element Policies H.1 Develop a system of regional-metropolitan recreational activity areas based on a facilities plan for the metropolitan area that includes acquisition, development, and management programs. The Metro Plan and system should include reservoir and hill parks, the Willamette River Greenway, and other river corridors. The amendment does not impact the facilities plan for the metropolitan area. The amendment does not change the allowance for park and recreation plans to include acquisition, development and management programs, or to include reservoir and hill parks, the Willamette Greenway and other river corridors. Therefore, this policy does not apply to the amendment. The following policies related to park and recreation facilities do not apply to the amendment but are addressed here for context: H.3 Accelerate the acquisition of park land in projected growth areas by establishing guidelines determining where and when developers will be required to dedicate land for park and recreation facilities, or money in lieu thereof, to serve their developments. The amendment does not address guidelines for dedication of land for park and recreation facilities or funds in lieu of dedication. Therefore, this policy does not apply to the amendment. H.4 Encourage the development of private recreational facilities. The amendment does not address development of private recreational facilities. Therefore, this policy does not apply to the amendment. H.5 Develop mechanisms and processes by which residents of an area to be served by a neighborhood park, neighborhood center, or play lot can participate in the design, development, and maintenance of the facility. The amendment does not address processes for public and community involvement in design, development or maintenance of park and recreation facilities. Therefore, this policy does not apply to the amendment. H.6 All metropolitan area parks and recreation programs and districts shall cooperate to the greatest possible extent in the acquisition of public and private funds to support their operations. The amendment does not change the regional coordination between park and recreation agencies and programs related to acquiring public and private funds. Therefore, this policy does not apply to the amendment. Findings - 5 Page 9  ATTACHMENT B Exhibit A H.7 The City of Eugene shall cooperate with the University of Oregon in the resolution of any loss of recreational facilities associated with development in the Riverfront Park. The amendment does not address the Riverfront Park or any other specific sites. Therefore, this policy does not apply to the amendment. (3) When the city-specific local comprehensive plan also applies, the proposed amendment is consistent with the city-specific local comprehensive plan. The City of Eugene does not have a city-specific comprehensive plan. Applicable Refinement Plans The amendment is a legislative text amendment and does not address any specific sites. Further, it only addresses the adoption process for the park and recreation plan and analysis, allowing an aspirational plan to be adopted. Therefore, it does not affect or conflict with any policy within the City’s refinement plans, none of which address that process. Findings - 6 Page 10