The Findings of Fact and Conclusions Included in the Staff

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The Findings of Fact and Conclusions Included in the Staff ORDINANCE NO. 5 753 AN ORDINANCE AMENDING ORDINANCE NO. 4447, WHICH ADOPTED THE ALBANY COMPREHENSIVE PLAN, BY ADOPTING THE PUBLIC TRANSIT PLAN AND THE TRANSPORTATION FINANCIAL PLAN; REVISING TEXT IN CHAPTER 5 OF THE COMPREHENSIVE PLAN; AND IN THE 2010 TRANSPORTATION SYSTEM PLAN; ADOPTING FINDINGS; AND DECLARING AN EMERGENCY. WHEREAS, on February 24, 2010, the Albany City Council adopted the 2010 Transportation System Plan by Ordinance 5729; and WHEREAS, the 2010 Transportation System Plan refers to two stand alone- documents, the Public Transit Plan and the Transportation Financial Plan that were under development at that time and are now completed; and WHEREAS, on April 18, 2011, the Planning Commission held a public hearing on adoption ofthe Public Transit Plan and the Transportation Financial Plan, the related text amendments to the Transportation System Plan and Albany Comprehensive Plan and recommended the City Council adopt the stand alone- Transit and Financial Plans and related text amendments; and WHEREAS, Albany Development Code (ADC)Section 1.580, says the Albany City Council may make changes to the Comprehensive Plan by legislative act where such changes affect a large number of persons, properties, or situations and are applied over a large area; and WHEREAS, on May 11, 2011, the Albany City Council held a public hearing on adoption of the Public Transit Plan and the Transportation Financial Plan, the revised Transportation System Plan and related Comprehensive Plan amendments, and voted to approve the stand alone- Transit and Financial Plans and related amendments, and adopt this ordinance; and NOW, THEREFORE, THE PEOPLE OF THE CITY OF ALBANY DO ORDAIN AS FOLLOWS: Section 1: The existing text in Comprehensive Plan Chapter 5: Transportation, pages 5 2- and 5 5- is deleted and replaced with revised text as shown on Attachment #1 to the staffreport (Exhibit A). Section 2: The existing text on pages 2, 6, 55, 77, 82, 84, and Appendix A of the 2010 Albany Transportation System Plan is deleted and replaced with revised text as shown on Attachment #2 to the staffreport (Exhibit A) . Section 3: The Transportation Financial Plan, dated May 2011, prepared by City of Albany staff, is hereby adopted as a stand alone- document supporting the 2010 Transportation System Plan and is attached to this ordinance as Attachment #3 to the staffreport Exhibit( A) . Section 4: The Public Transit Plan, dated January 2011, prepared by City ofAlbany staff and consultants Kittelson & Associates, is hereby adopted as a stand alone- document supporting the 2010 Transportation System Plan and is attached to this ordinance as Attachment 4# to the staffreport (Exhibit A). adoptedSection 5:in supportThe Findingsofthe Cityof FactCounciland Conclusionsdecision. included in the staff report, attached as Exhibit A, are Page 1 of 2 Section 6: Emergency Clause. Inasmuch as this ordinance is necessary for the immediate preservation of the peace, health, and safety of the citizens of the City of Albany, an emergency is hereby declared to exist. This ordinance will be in full force and effect immediately upon its passage by the Council and approval1 by the MayorJ `- Passed by the Council: May 11, 2011 Approved by the Mayor: May 11, 2011 Effective Date: May 11, 2011 Page 2 of 2 EXHIBIT A Community Development Department Ca , , J 333 Broadalbin Street SW, P.O. Box 490 Phone: 541-917 7550- Facsimile: 541-917 7598- A/l 4[ Alb(- nR 97321 www.cityo albany.net HEARING BODY CITY COUNCIL HEARING DATE Wednesday, May 11 2011 HEARING TIME 7:15 p.m. HEARING LOCATION Council Chambers, Albany City Hall, 333 Broadalbin Street SW STAFF REPORT Comprehensive Plan Amendment —File CP 02- 11- Goal 12 — Transportation - Periodic Work Program Task 4# EXECUTIVE SUMMARY The City of Albany is currently in Periodic Review of the Albany Comprehensive Plan. The State of Oregon Department of Land Conservation and Development (DLCD)wrote Oregon Administrative Rules (OAR)that apply to periodic review. DLCD approved a periodic review work program for the City of Albany under OAR 660 -025- 0110( 4).Work Program Task #4 requires the City to adopt a new Transportation System Plan (TSP). The City began work on an update to the TSP in 2006 and adopted it on February 24, 2010 (Ordinance 5729). In September of 2010, DLCD gave partial approval of the 2010 TSP. To complete Work Program Task 4# in its entirety, the following two elements needed to be completed: a Public Transportation (Transit) Plan, and a Transportation Financial Plan. The City has now completed those two plans and needs to reflect this change in the text of Chapter 5 of the Comprehensive Plan, and various sections of the text in the 2010 TSP. The City also needs to approve an ordinance to adopt the Albany Transportation Financial Plan, dated May 2011, and the Albany Public Transit Plan, dated January 2011, as stand alone- documents supporting the 2010 Transportation System Plan. Planning Commission Recommendation On April 18, 2011, the Planning Commission held a public hearing on the proposed amendments and recommended Council APPROVE them as submitted. Summary of Proposed Amendments 1. Amend the text on Pages 5 2- and 5 5- in Chapter 5 (Transportation) of the Comprehensive Plan as shown in Attachment #1 to the staff report. 2. Amend the text on Pages 2, 6, 55, 77, 82, 84, and Appendix A of the Albany Transportation System Plan, dated February 2010, which was adopted as a supporting document to the Comprehensive Plan by Ordinance 5729. The text changes are shown in Attachment 2# to the staff report. 3. Adopt the Albany Transportation Financial Plan, dated May 2011, as a stand alone- support document to the Albany Transportation System Plan, which is a supporting document to the Comprehensive Plan. The Financial Plan is Attachment #3 to the staff report. Staff Report/Comprehensive Plan Amendment/CP-02 11,- Page 1 4. Adopt the Albany Public Transit Plan, dated January 2011, as a stand alone- support document to the Albany Transportation System Plan, which is a supporting document to the Comprehensive Plan. The Public Transit Plan is Attachment #4 to the staff report. APPLICATION INFORMATION DATE OF REPORT: May 4,2011 (Updated from April 18 to reflect Planning Commission recommendation) FILE. CP 02- 11- TYPE OF APPLICATION: Albany Comprehensive Plan Amendment - Legislative PURPOSE OF APPLICATION: The proposed amendments are related to a Periodic Review work task per OAR 660 -025 0040.- The amendments will complete the final task element related to Statewide Goal 12: Transportation. The amendments revise the text of Chapter 5 of the Albany Comprehensive Plan, the text in the adopted Albany Transportation System Plan (TSP)dated February 2010; and adopt the Albany Public Transit Plan, dated January 2011, and the Albany Transportation Financial Plan, dated May 2011, as stand- alone documents that support the adopted 2010 TSP. REVIEW BODY: City Council STAFF REPORT PREPARED BY: Jeni Richardson, Civil Engineer III,and Janet Morris, Planner III APPLICANT: City of Albany; PO Box 490; Albany, OR 97321 APPLICANT REP: Jeni Richardson; P.E.;Public Works Engineering Division; and Janet Morris, Community Development Planner; PO Box 490; Albany, OR 97321. PRIOR HISTORY: The current Transportation System Plan was adopted by the City Council in February 2010. The current Transportation Financial Plan was adopted by the City Council in 2007. NOTICE INFORMATION A Notice of Public Hearing was published in the Albany Democrat -Herald on April 8, 2011. The notices identified April 18, 2011, as the Planning Commission hearing date and May 11, 2011 as the City Council hearing date. On April 8, 2011, a Notice of Public Hearing was mailed to people on the Planning Division's list of people who are typically interested in changes to planning documents, and emailed to the list of people who had participated in previous meetings on the Transportation System Plan (TSP),the Transit Plan, and the fmancial plan for the Transportation Systems Development Charge and asked to be included on the email list. STAFF ANALYSIS COMPREHENSIVE PLAN AMENDMENT FILE CP 02- 11- Background Information Periodic Review: Oregon Revised Statutes (ORS) 197.1)628(says " It is the policy of the State of Oregon to require the periodic review of comprehensive plans and land use regulations in order to respond to changes in StaffReport/Comprehensive Plan Amendment/CP-02 11,- Page 2 local, regional and state conditions to ensure that the plans and regulations remain in compliance with the Statewide Planning Goals adopted pursuant to ORS 197.230, and to ensure that the plans and regulations make adequate provision for economic development, needed housing, transportation, public facilities and services and urbanization." City of Albany i3 C'ulei?L'Lltl in periodicrilicWeJi ofof theul ritualAlbanyliy - ,vllllrulvcComprehensivei_ .rlai. The ine SiBie Deparimeni of Land Conservation and Development (DLCD)wrote Oregon Administrative Rules (OAR)that apply to Periodic Review. DLCD has approved a periodic review work program for the City under OAR 660 -025- 0110( 4). Adoption of TSP. OAR 660 -012 -0015( 1)says the City must adopt a Transportation System Plan (TSP)as part of the Comprehensive Plan. Work Program Task #4 requires the City to adopt a new Transportation System Plan TSP).The City began work on an update to the TSP in 2006 and adopted that Plan on February 24, 2010 by Ordinance 5729. In order to complete Task #4 in its entirety, the City had to fmish development of two vat:otuw..idnguui elementsvavauvuwt totw the TSP.a a . TheTh CityCi has new completedpltd thoseL 6JCi elementsG1GtllellW asaJ follows.LV11V V1J. The1llG Albany Transportation Financial Plan, dated May 2011, is attached to this staff report as Attachment #3,and the Albany Public Transit Plan, dated January 2011, is attached to this staff report as Attachment #4.
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