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HomeMy WebLinkAboutOrdinance No. 20084ORDINANCE NO. 20084 AN ORDINANCE ADOPTING FINDINGS IN CONNECTION wITH THE WHITEAKER PLAN LAND USE DECISIONS AND THE REMAND DIRECTIONS OF THE OREGON LAND USE BOARD OF APPEALS IN GPUSDEVELaPMENT CGRP. v. CITI' GF .EUGENE; ADOPTING A SEVERABILITY CLAUSE; AND DECLARING AN EMERGENCY The City Council of the City of Eugene finds that: A. The City Council adapted five ordinances and thirteen orders in August,1994 in connection with land use decisions connected with adoption of the whiteaker Plan. These actions included adoption of ordinance Nos, 19975 and 19976, pertaining to a new historic zoning district and Eugene Code provisions related to rescue missions. The Council actions also included enactment of ordinance Nos. 19977 Metro Plan changes}, and 19978 ~whiteaker Plan adoption}, 19979 Eugene Code amendment adding MU-~V zoning district}, together with adoption of thirteen rezoning orders, ~ 93-13 through Z 93-32, changing the zoning designations of properties consistent with the Metro Plan changes and the whiteaker Plan designations. B. These actions were appealed to the Oregon Land Use Board of Appeals LUBA}. LUBA affirmed in part and remanded the decisions for further action, opus Development Corp. v. City of Eugene, 28 or LUBA 670 X1995}. ordinance Nos.19975 and 19976 were affirmed; the remaining actions were remanded. C. In response to the LUBA decision, the City Council adopted supplemental findings on May 8,1995. These findings were appealed to LUBA in a second proceeding, Opus Development Corp. v. City of Eugene, ~ or LUBA ~ ~ 1996}. LUBA remanded for additional findings, which decision was affirmed on appeal. opus Development Copp, v. City of Eugene, 141 or App 249, 918 P2d 116 ~ 1996}. D, In response to this second remand, the City entered into discussions with the petitioners and others about potential madi~.cations to the adopted land use decisions. These discussions concluded in the late fall of 1996. The City then began to collect and analyze additional information relevant to the remand directions of LUBA. E. The City Council held a preliminary work session on the remand issues on February 24, 1997. on April 9,1997 the Council held an additional work session to review the March 20,1997 staff memorandum and additional information developed on the remand issues. ordinance -1 F. The City Council conducted a public hearing on the remand issues on April 14, 1997. Additional evidence was received at this public hearing. The hearing record was kept open for additional written testimony until Apri128,1997. G. The Council met again on May 7,1997 and considered all of the testimony and evidence on the remand issues. NUw, THEREFORE, THE CITY GF EUGENE DUES ORDAIN AS FULLUV~S: Section 1. The above findings are adopted. The City Council also adopts the findings attached hereto as Exhibit A, entitled "Remand Findings opus development Corp. v. City of Eugene," and incorporates those Endings into this ordinance by reference. All of these findings are the "findings adopted by this ordinance." Section 2. The findings adopted by this ordinance supplement findings previously adopted as Exhibit A to Ordinance No.19977 and Exhibit C to Ordinance No.19978, and those ordinances are amended to this effect. The findings adopted by this ordinance supplement findings previously adopted as Exhibit C to Final Orders whiteaker Plan implementation Changes in Zoning Districts, Z 93-13 to Z 93-3~ and those rezoning orders are amended to this effect, The Endings adopted by this ordinance operate as additional justification for the ado tion p of Ordinance Nos.19977,19978 and 19979 and these rezoning orders. it is not the intent of the Council to re-adopt these ordinances and rezoning orders except to the extent needed to make the f ndings adopted by this ordinance. Section 3, in the event of any conflict between the findings adopted by this ordinance and any other previously adopted finding made in connection with the whiteaker Plan land use decisions, the findings adopted by this ordinance control. Section 4, The findings adopted by this ordinance provide a number of alternative justifications far the Whiteaker Plan land use decisions. it is not the intent of the Council to rely on any particular factual statement or f nding in approving the continuance of the challenged ordinances and rezoning orders. Should any section, sentence, phrase or portion of the findings adopted by this ordinance beheld invalid, unsupported or unlawful by any state agency or court of competent jurisdiction, such portion shall be deemed a separate, distinct, and independent provision and such holding shall not affect the validity of the remaining portions of the f ndings or of this ordinance. Section 5. The matters contained herein concern the public welfare and safety, and it is necessary for this ordinance to go into immediate effect for the preservation of the peace, health Ordinance - 2 and safety of the city, The immediate effect of this ordinance allows renewed implementation of the whiteaker Plan land use decisions and certainty as to the relevant land use policies for prospective and pending land use applications. An emergency is declared to exist and this ordinance shall become effective immediately upon its passage by the City Council and approval by the Mayor, retention by the Mayor for more than ten days, or re-adoption over a mayoral veto by two-thirds of all members of the City Council, Passed by the City Council this Approved by the Mayor this ~ day of ,1997 .._._ G,~ City Recorder ordinance - 3 day of ,1997 -~~~ Remand Findings and Attachment 1 and 2 (Land Uses Impacted by 1994 Whiteaker Plan Zone Changes, March 1997), not attached. It is available by written request to the Eugene City Recorder's Office.