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(1) Type I Amendment Process. The following process shall be used to consider Type I Metro Plan amendments.

(a) Investigation and Report. After the Metro Plan amendment initiation date, planning staff shall investigate the facts bearing on the amendment application, prepare a report, and submit it to the planning commission. The report shall be mailed or delivered to affected and interested parties at the time it is delivered to the commission.

(b) Planning Commission Consideration. The planning commission public hearing to consider the proposed Metro Plan amendment shall be scheduled within 90 days of initiation of the amendment. The planning commission shall review the proposed amendment and receive evidence and testimony on whether the proposed change can be justified under the approval criteria at EC 9.7735. After the public hearing and close of the public hearing record, the planning commission shall adopt a written recommendation on the proposed amendment. The recommendation shall contain findings and conclusions on whether the proposal or a modified proposal meets the approval criteria.

(c) City Council Action. After the planning commission recommendation, the city council shall schedule a public hearing on the proposed amendment. After the public hearing, the council shall approve, modify and approve, or deny the proposed amendment. The council shall take this action by ordinance with adopted findings and conclusions on whether the proposal or a modified proposal meets the approval criteria at EC 9.7735. The action of the city council is final.

(2) Type II Amendment Process. The following process shall be used to consider Type II Metro Plan amendments:

(a) Investigation and Report. After the Metro Plan amendment initiation date, planning staff of the jurisdiction where the proposed amendment was submitted or initiated shall investigate the facts bearing on the application, prepare a report, and submit it to the planning commissions of Eugene and Lane County. The report shall be mailed or delivered to affected and interested parties at the time it is delivered to the two commissions.

(b) Planning Commission Consideration. The joint planning commission public hearing to consider the proposed amendment shall be scheduled within 90 days of initiation of the amendment. After the joint public hearing and close of the public hearing record, both planning commissions shall make a recommendation to their governing bodies on the proposed Metro Plan amendment.

(c) Governing Body Action. After the date the last planning commission provides a recommendation on the proposed amendment, the governing bodies of Eugene and Lane County shall schedule a joint public hearing on the proposed amendment. 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 at EC 9.7735. The actions of the governing bodies are final if they adopt substantively identical ordinances or decisions. The conflict resolution provisions of EC 9.7730(6) apply if the two governing bodies do not adopt substantively identical ordinances or decisions.

(3) Type III Amendment Process. The following process shall be used to consider Type III Metro Plan amendments.

(a) Investigation and Report. After the Metro Plan amendment initiation date, planning staff of the jurisdiction where the proposed amendment was submitted or initiated shall investigate the facts bearing on the application, prepare a report, and submit it to the planning commissions of Eugene, Springfield and Lane County. The report shall be mailed or delivered to affected and interested parties at the same time it is delivered to the three planning commissions.

(b) Planning Commission Consideration. The joint public hearing of the Eugene, Springfield, and Lane County planning commissions on the proposed amendment shall be scheduled within 90 days of initiation. After the joint public hearing and close of the public hearing record, each planning commission shall make a recommendation to its governing body on the proposed Metro Plan amendment.

(c) Governing Bodies’ Action. After the date the last planning commission acts on the proposed amendment, the governing bodies of Eugene, Springfield and Lane County shall schedule a joint public hearing on the proposed amendment. 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 at EC 9.7735. The actions of the governing bodies are final if all three governing bodies adopt substantively identical ordinances or decisions. The conflict resolution provisions of EC 9.7730(6) apply if the governing bodies do not adopt substantively identical ordinances or decisions.

(4) Process for Government Initiated Plan Amendments. Notwithstanding (1), (2) or (3) above, a different process, time line, or both may be established by the governing bodies of Eugene, Springfield and Lane County for any government initiated Metro Plan amendment.

(5) Relationship to Refinement Plan or Functional Plan Amendments.

(a) When a Metro Plan diagram amendment requires a refinement plan or functional plan diagram or map and text amendment for consistency, the Metro Plan, refinement plan and functional plan amendments shall be processed concurrently.

(b) When a Metro Plan amendment is enacted that requires an amendment to a refinement plan or functional plan diagram or map for consistency, the Metro Plan diagram amendment automatically amends the refinement plan or functional plan diagram or map if no amendment to the refinement plan or functional plan text is involved.

(6) Conflict Resolution Process and Severability of Amendment Adoption Actions. The following process shall be used when the governing bodies cannot agree on substantively identical decisions on a proposed Metro Plan amendment:

(a) A Type II amendment for which there is no consensus shall be referred to the Mayor of Eugene and the Chair of the Lane County Board of Commissioners for further examination of the issue(s) in the dispute and recommendation back to the governing bodies. If no recommendation is made back to the governing bodies within 6 months, the plan amendment is denied.

(b) A Type III amendment for which there is no consensus shall be referred to the Mayors of Eugene and Springfield and the Chair of the Lane County Board of Commissioners for further examination of the issue(s) in the dispute and recommendation back to the governing bodies. If no recommendation is made back to the governing bodies within 6 months, the plan amendment is denied.

(c) If the plan amendment is denied because of lack of consensus, within 10 days the planning director of the jurisdiction where the application originated shall issue a denial decision. For quasi-judicial amendments, the denial decision shall include 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 planning director is final.

(d) When identical action is required of two or three governing bodies on a Metro Plan amendment, and the amendment results in a number of different plan changes, 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 as specified under subsections (a) and (b) above.

(7) Appeals. Adopted or denied Metro Plan amendments may be appealed to the Oregon Land Use Board of Appeals (LUBA) or the Department of Land Conservation and Development (DLCD) according to applicable state law.

(Section 9.7730, see chart at front of Chapter 9 for legislative history from 2/26/01 through 6/1/02. Amended by Ordinance No. 20546, enacted November 24, 2014, effective December 24, 2014.)