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HomeMy WebLinkAboutOrdinance 6096 07/26/2004 . . . ., ORDINANCE NO. 6096 (GENERAL) AN ORDINANCE AMENDING SECTION 29.030 "APPLICABILITY" ARTICLE 29 UF-10 URBANIZABLE FRINGE OVERLAY DISTRICT OF THE SPRINGFIELD DEVELOPMENT CODE TO ELIMINATE THE CESSATION OF THE UF-10 OVERLAY DISTRICT AND URBANIZABLE PROPERTIES IN THOSE CIRCUMSTANCES WHERE ANNEXATION TO THE CITY HAS NOT OCCURRED, AND DECLARING AN EMERGENCY. RECITALS: WHEREAS, Section 29.030 "Applicability" of Article 29 UF-10 Urbanizable Fringe Overlay District of the Springfield Development Code presently provides that the UF-10 Overlay District applies to all urbanizable properties, but the land designated Government and Education on the Metro Plan Diagram and supercedes the Lane County IUC (Interim Urbanizing District) and ICU (Industrial-Commercial Urbanizing Combining District); and, WHEREAS, Section 29.030.02 "Applicability" of Article 29 UF-10 Urbanizable Fringe Overlay District of the Springfield Development Code further provides that the UF-10 Overlay District shall cease to apply in certain circumstances, one of which being cessation of the Overlay District upon City Site Plan Review with annexation to the City assured through the Development Agreement; and, WHEREAS, a provision for City Site Plan Review approval in those situations where annexation has not yet occurred but is "assured through the Development Agreement" presents conflicts between City Site Plan Review and the uses permitted where the land has not yet been annexed to the City; and, WHEREAS, a Development Agreement with the City of Springfield cannot always assure annexation. NOW THEREFORE, based upon the foregoing Recitals the Common Council of the City of Springfield hereby ordains as follows: 1. Section 29.030 "Applicability" of Article 29 UF-10 Urbanizable Fringe Overlay District of the Springfield Development Code is hereby amended to read as follows: "The provisions of the UF-10 Overlay District apply to .. . . . all urbanizable properties, except for land designated Government and Education on the Metro Plan Diagram and supercedes the Lane County IUC (Interim Urbanizing Combining District) and ICU (Industrial-Commercial Urbanizing Combining District). The UF-IO Overlay District shall cease to apply upon annexation to the City, unless the applicant specifically requests, and the City agrees to its continued application." 2. It is hereby found and determined that matters relating to correcting potential issues and errors in the Springfield Development Code are matters affecting the public health, safety, and welfare and that an emergency therefore exists and this Ordinance shall take effect upon adoption by the Common Council and approval by the Mayor. ADOPTED by the Common Council of the City of Springfield this 26th day of July , 2004 by a vote of 5 in favor 0 against. APPROVED by the Mayor of the City of Springfield this 26th day of July , 2004. ~/~ -~~ i d Lei, ~1 . Tamalyn Fitch, Council President ATTEST: ~~ Amy Sowa, Clty Recorder Rt:VIEWED ~ ~PP~QVE~ ~~ fg~M _ ~~3 ~,\...- Ol\T'=: =:\~\ 2. l ~ D; : OFFICE OF CITY ATTORNEY N:\CITY\Planning zoning\Morse Bras Quarry Batch Plants\Ordinance.wpd ORDINANCE Page -2- 6096