EC 9.8865(5): In cases where the NR zone is applied based on EC 9.2510(3), the property owner <br />shall enter into a contractual arrangement with the City to ensure the area is maintained as a <br />natural resource area for a minimum of 50 years. <br />This criterion does not apply as the proposed zone change does not include the NR zone. <br />Transportation Planning Rule Evaluation <br />Staff finds that Goal 12 Transportation of the Statewide Planning Goals, adopted by the Land <br />Conservation and Development Commission (DLCD), must be specifically addressed as part of the <br />requested zone change and in the context of Oregon Administrative Rules, as follows. <br />As adopted, OAR 660-012-0060(1) states: <br />(1) If an amendment to a functional plan, an acknowledged comprehensive plan, or a land <br />use regulation (including a zoning map) would significantly affect an existing or planned <br />transportation facility, then the local government must put in place measures as <br />provided in section (2) of this rule, unless the amendment is allowed under section <br />(3),(9), or (10) of this rule. <br />The City's acknowledged Transportation System Plan (TSP) is the TransPlan, which was adopted in 2001 <br />and provides the basis for the Transportation Element of the Metro Plan. Both plans (TransPlan and <br />Metro Plan) serve both the cities of Eugene and Springfield. <br />The City of Eugene relies on the 2001 TransPlan when evaluating zone changes for consistency with the <br />TPR. In most cases, the City finds zone changes to be consistent with TPR if the proposed zoning is <br />consistent with the planned designation that was in effect at the time TSP was adopted (i.e. on or before <br />adoption in 2001), pursuant to OAR 660-012-0060(9). In other words, where a zone change clearly <br />implements a plan designation that was in effect at the time the TSP was adopted, there is a strong case <br />for exemption under OAR 660-012-0060(9), which states: <br />(9) Notwithstanding section (1) of this rule, a local government may find that an <br />amendment to a zoning map does not significantly affect an existing or planned <br />transportation facility if all of the following requirements are met. <br />(a) The proposed zoning is consistent with the existing comprehensive plan map <br />designation and the amendment does not change the plan map: <br />(b) The local government has an acknowledged TSP and the proposed zoning is <br />consistent with the TSP; and <br />(c) The area subject to the amendment was not exempted from this rule at the time <br />of an urban growth boundary amendment as permitted in OAR 660- 024- <br />220(1)(d), or the area was exempted from this rule but the local government has <br />a subsequently acknowledged TSP amendment that accounted for urbanization <br />of the area. <br />Vance, Eric & Cork, Dona (Z 15-9) October 2015 4 <br />HO Agenda - Page 4 <br />