HomeMy WebLinkAboutOrdinance 6061 07/14/2003
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ORDINANCE NO. 6061
AN ORDINANCE AMENDING THE EUGENE-SPRINGFIELD METROPOLITAN
AREA GENERAL PLAN TEXT, CHAPTER III, SECTION D., POLICY #13;
ADOPTING AN EXCEPTION TO STATEWIDE PLANNING GOAL 15
WILLAMETTE RIVER GREENWAY; AND ADOPTING A SEVERABILITY
CLAUSE.
WHEREAS, Chapter IV of the Eugene-Springfield Metropolitan Area General
Plan (Metro Plan) sets forth procedures for amendment of the Metro Plan, which for
Springfield are implemented by the provisions of Article 7 of the Springfield
Development Code; and
WHEREAS, on May 5, 2003, the Springfield City Council initiated proceedings
for a Metro Plan text amendment and Exception to Statewide Planning Goal 15
. Willamette River Greenway; and
WHEREAS, following a June 3, 2003, joint public hearing with the Eugene and
Lane County Planning Commissions, the Springfield Planning Commission, on June 3,
2003, recommended Metro Plan amendments taking an exception to Statewide Planning
Goal 15 Willamette River Greenway, to the Springfield City Council; and
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WHEREAS, the City Council conducted a joint public hearing on this amendment
on June 18, 2003, with the Eugene City Council and Lane County Board of
Commissioners, and is now ready to take action based upon the above recommendations
and evidence and testimony already in the record as well as the evidence and testimony
presented at the joint elected officials public hearing; and
WHEREAS, substantial evidence exists within the record demonstrating that the
proposal meets the requirements of the Metro Plan, Springfield Development Code, and
applicable state and local law as described in findings attached as Exhibit A, and which
are adopted in support of this Ordinance.
NOW, THEREFORE, the Common Council of the City of Springfield does
ordain as follows:
Section 1: The Metro Plan Policy #13, Chapter III, Section D. is hereby amended
by addition of the following paragraph:
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"An exception to Statewide Planning Goal 15 Willamette River Greenway was
approved for Oregon Department of Transportation (ODOT) 1-5 right of way
crossing the Willamette River and within the Willamette River Greenway Setback
Line, for purpose of constructing a temporary detour bridge, implementing the
conditions imposed on the Discretionary Use Approval (Springfield Journal SHR
2003-00115) and removing the temporary detour bridge after completion of the
permanent replacement bridge. This exception satisfies the criteria of Oregon
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Administrative Rule (OAR) 660-004-0022(5) Willamette Greenway; the exception
requirements of OAR 660-004-0020 Goal 2, Part II(c) for a 'reasons' exception; and
pursuant to OAR 660-004-0015, is hereby adopted as an amendment to the Metro
Plan text, Policy #13, Chapter III, Section D."
Section 2: The Metro Plan is hereby amended to include the findings of fact and .
conclusions of law supporting a "reasons" exception to Statewide Planning Goal 15 and
demonstrating compliance with OAR 660-004-0015.660-004-0020 and 660-004-0022(5)
attached hereto as Exhibit A, and incorporated herein by this reference.
Section 3: If any section, subsection, sentence, clause, phrase or portion of the
Ordinance is for any reason held invalid or unconstitutional by a 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 thereof.
Section 4: Notwithstanding the effective date of ordinances as provided by
Section 2.110 of the Springfield Municipal Code 1997, this Ordinance shalllJecome
effective 30 days from the date of passage by the City Council and approval by the
Mayor, or upon the date of its acknowledgement as provided by ORS 197.625, whichever
date is later, provided that by that date the Eugene City Council and the Lane County
Board of Commissioners have adopted ordinances containing identical provisions to
those described in Sections 1 and 2 of this Ordinance.
Adopted by the Common Council of the City of Springfield this 14thday of July,
2003 by a yote of ~ in favor and ~ against.
Approved by the Mayor of the City ofSpringfl\eld this 14th day of July, 2003.
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ATTEST:
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City ~~ ~
REVIEWED & APPROVED
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DAT:=:_ -7.. -l- 0 ~ .
OFFICE OF CITY ATTORNEY