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<br />RESOLUTION NO. 4780 <br /> <br />A RESOLUTION RESPONDING TO THE REMAND <br />OF ORDINANCE NOS. 20258 AND 20259. <br /> <br />The City Council of the City of Eugene finds that: <br /> <br />A. In July 2002, the City of Eugene, the City of Springfield, Lane County and <br />Lane Transit District ("the local governments") took actions that collectively amended <br />TransPlan, the Eugene-Springfield Metro Area General Plan, the West Eugene Wetlands <br />Plan, and the Lane County Rural Comprehensive Plan. The City of Eugene did so by <br />adopting Ordinance No. 20258 and Ordinance No. 20259 on July 8, 2002. The <br />amendments were made in response to a request from the Oregon Department of <br />Transportation ("ODOT") to enable ODOT to proceed with plans to construct the West <br />Eugene Parkway in a modified alignment. <br /> <br />B. The local governments' actions were appealed to the Land Use Board of <br />Appeals ("LUBA"). On March 24, 2003, LUBA issued its decision upholding the local <br />governments' action on most of the issues raised by the petitioners, but remanding the <br />actions based on four of the issues raised by petitioners. <br /> <br />C. The petitioners appealed LUBA's decision to the Court of Appeals. On <br />August 27, 2003 the Court of Appeals affirmed LUBA's decision, without providing a <br />written opinion. The petitioners did not seek the Supreme Court's review of the Court of <br />Appeals' decision. The appellate judgment of the Court of Appeals became effective <br />October 7, 2003 and LUBA issued a notice of appellate judgment on October 8, 2003 that <br />indicated the appellate judgment required no change to the earlier LUBA decision. <br /> <br />D. None of the issues on remand require the local governments to reopen the <br />record for additional evidence or to adopt additional findings. Instead, for each of the <br />four issues remanded by LUBA, the local governments need only describe the findings <br />already adopted in support of the actions taken or, as necessary, provide additional <br />explanation of evidence in the record that supports the findings already adopted. <br /> <br />NOW, THEREFORE, <br /> <br />BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF <br />EUGENE, a Municipal Corporation of the State of Oregon, as follows: <br /> <br />Section 1. The Eugene City Council responds to the remand of Ordinances 20258 <br />and 20259 with the Remand Response and Explanation of Findings contained in <br />Attachment A and incorporated herein by this reference. <br /> <br />Resolution - 1 <br />