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ORDINANCE NO. 20084 <br />AN ORDINANCE ADOPTING FINDINGS IN CONNECTION <br />wITH THE WHITEAKER PLAN LAND USE DECISIONS <br />AND THE REMAND DIRECTIONS OF THE OREGON LAND <br />USE BOARD OF APPEALS IN GPUSDEVELaPMENT CGRP. <br />v. CITI' GF .EUGENE; ADOPTING A SEVERABILITY <br />CLAUSE; AND DECLARING AN EMERGENCY <br />The City Council of the City of Eugene finds that: <br />A. The City Council adapted five ordinances and thirteen orders in August,1994 in connection <br />with land use decisions connected with adoption of the whiteaker Plan. These actions included <br />adoption of ordinance Nos, 19975 and 19976, pertaining to a new historic zoning district and <br />Eugene Code provisions related to rescue missions. The Council actions also included enactment <br />of ordinance Nos. 19977 Metro Plan changes}, and 19978 ~whiteaker Plan adoption}, 19979 <br />Eugene Code amendment adding MU-~V zoning district}, together with adoption of thirteen <br />rezoning orders, ~ 93-13 through Z 93-32, changing the zoning designations of properties consistent <br />with the Metro Plan changes and the whiteaker Plan designations. <br />B. These actions were appealed to the Oregon Land Use Board of Appeals LUBA}. LUBA <br />affirmed in part and remanded the decisions for further action, opus Development Corp. v. City of <br />Eugene, 28 or LUBA 670 X1995}. ordinance Nos.19975 and 19976 were affirmed; the remaining <br />actions were remanded. <br />C. In response to the LUBA decision, the City Council adopted supplemental findings on May <br />8,1995. These findings were appealed to LUBA in a second proceeding, Opus Development Corp. <br />v. City of Eugene, ~ or LUBA ~ ~ 1996}. LUBA remanded for additional findings, which decision <br />was affirmed on appeal. opus Development Copp, v. City of Eugene, 141 or App 249, 918 P2d 116 <br />~ 1996}. <br />D, In response to this second remand, the City entered into discussions with the petitioners and <br />others about potential madi~.cations to the adopted land use decisions. These discussions concluded <br />in the late fall of 1996. The City then began to collect and analyze additional information relevant <br />to the remand directions of LUBA. <br />E. The City Council held a preliminary work session on the remand issues on February 24, <br />1997. on April 9,1997 the Council held an additional work session to review the March 20,1997 <br />staff memorandum and additional information developed on the remand issues. <br />ordinance -1 <br />