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Ordinance No. 20084
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Ordinance No. 20084
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Last modified
6/10/2010 3:48:59 PM
Creation date
1/12/2009 1:09:44 PM
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Council Ordinances
CMO_Document_Number
20084
Document_Title
Ordinance adopting findings in connection with Whiteaker Plan land use decisions and the remand directions of the Oregon Land Use Board of Appeals in Opus Development Corp. v. City of Eugene; adopting severability clause; & declaring an emergency.
Adopted_Date
5/7/1997
Approved Date
5/7/1997
CMO_Effective_Date
5/7/1997
Signer
James D. Torrey
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F. The City Council conducted a public hearing on the remand issues on April 14, 1997. <br />Additional evidence was received at this public hearing. The hearing record was kept open for <br />additional written testimony until Apri128,1997. <br />G. The Council met again on May 7,1997 and considered all of the testimony and evidence on <br />the remand issues. <br />NUw, THEREFORE, <br />THE CITY GF EUGENE DUES ORDAIN AS FULLUV~S: <br />Section 1. The above findings are adopted. The City Council also adopts the findings <br />attached hereto as Exhibit A, entitled "Remand Findings opus development Corp. v. City of <br />Eugene," and incorporates those Endings into this ordinance by reference. All of these findings <br />are the "findings adopted by this ordinance." <br />Section 2. The findings adopted by this ordinance supplement findings previously adopted <br />as Exhibit A to Ordinance No.19977 and Exhibit C to Ordinance No.19978, and those <br />ordinances are amended to this effect. The findings adopted by this ordinance supplement <br />findings previously adopted as Exhibit C to Final Orders whiteaker Plan implementation <br />Changes in Zoning Districts, Z 93-13 to Z 93-3~ and those rezoning orders are amended to this <br />effect, The Endings adopted by this ordinance operate as additional justification for the ado tion <br />p <br />of Ordinance Nos.19977,19978 and 19979 and these rezoning orders. it is not the intent of the <br />Council to re-adopt these ordinances and rezoning orders except to the extent needed to make the <br />f ndings adopted by this ordinance. <br />Section 3, in the event of any conflict between the findings adopted by this ordinance and <br />any other previously adopted finding made in connection with the whiteaker Plan land use <br />decisions, the findings adopted by this ordinance control. <br />Section 4, The findings adopted by this ordinance provide a number of alternative <br />justifications far the Whiteaker Plan land use decisions. it is not the intent of the Council to rely <br />on any particular factual statement or f nding in approving the continuance of the challenged <br />ordinances and rezoning orders. Should any section, sentence, phrase or portion of the findings <br />adopted by this ordinance beheld invalid, unsupported or unlawful by any state agency or court <br />of competent jurisdiction, such portion shall be deemed a separate, distinct, and independent <br />provision and such holding shall not affect the validity of the remaining portions of the f ndings <br />or of this ordinance. <br />Section 5. The matters contained herein concern the public welfare and safety, and it is <br />necessary for this ordinance to go into immediate effect for the preservation of the peace, health <br />Ordinance - 2 <br />
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