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of the plan's policies. For those that are aspirational and that apply to a proposed development, the <br /> applicant will need only to show that the policy was considered. By operation of state law, the City <br /> can only require that an applicant requesting approval of a partition, subdivision or site review (a <br /> limited land use decision) address those plan policies if the City adds the policies to the code. Staff <br /> recommends that the council does not add the nonmandatory/aspirational policies to the code. <br /> <br /> If the council chooses to require that the aspirational policies be addressed as part of limited land use <br /> decisions, legal staff recommends that each aspirational policy be revised to make its aspirational <br /> nature clear before it is added to the code. This is necessary because the code will not include the <br /> explanatory language from the plan's introduction, described above. The suggested revisions to do <br /> so are attached hereto (Attachment D). <br /> <br />Timing <br />Final action on the updated Downtown Plan and related Metro Plan and Code amendments is scheduled <br />to occur at this meeting, April 12, 2004. Staff is in the process of developing a Downtown Work Plan as <br />noted at the public hearing on January 26. This work plan will be presented to the council at a future <br />work session. <br /> <br />OPTIONS <br />The council may: <br />1. Approve the Downtown Plan and adopt Ordinances No. 1 and No. 2; <br />2. Request changes to the Downtown Plan and adopt only Ordinance No. 1; or <br />3. Request changes to the Downtown Plan and to both ordinances <br /> <br />STAFF RECOMMENDATION <br />Staff recommends that the council approve the Downtown Plan and adopt both ordinances. <br /> <br />SUGGESTED MOTION <br />Move to approve the Downtown Plan as revised and direct staff to prepare a graphic copy for <br />publication. <br /> <br />Move to adopt an ordinance amending the Eugene-Springfield Metropolitan Area General Plan Diagram <br />to add the ND Symbol to the Eugene Downtown Plan Area; redesignating the Federal Courthouse site <br />from Heavy Industrial to Commercial; adopting a severability clause; and providing an effective date. <br /> <br />Move to adopt an ordinance adopting a New Eugene Downtown Plan as a Refinement of the Eugene- <br />Springfield Metropolitan Area General Plan; repealing Resolution No. 3882 and the Eugene Downtown <br />Plan adopted therein; amending Section 9.9540 of the Eugene Code, 1971; adopting a severability <br />clause; and providing an effective date. <br /> <br /> L:\CMO\2004 Council Agendas\M040412\S040412B.doc <br /> <br /> <br />