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Home My WebLink AboutCorrespondence CAO 5/19/2004 \ rRY-19-2004 13:54 HAROLD, LEAHY, & KIERAN 541 746 4109 P.01 ;-;'/ 6- ~'PT -.:.1 ~) ~ ftIl/bl -r(,-r;yv-- HAROLD, LEAHY & KIERAN , , Attorneys, at LaW Suite D, 223 "A" Street Springfield. Oregon 97477 Email: jjl@haroldleahy.comorllk@haroldleahy.com 1;)M , FACSIMILE TRANSMISSION DATE: May 19,2004 We are transmitting --1- pages (s) including this one TO: NAME:' FAX NO.: Mark Metzger. 726-3689 FROM:' NAME: FAX NO.:. Joseph J. Leahy 541-746-4109 .~l CONFIDENTIAL: A HORNEY/CL.IENT PRIVILEGED This message is intended for the use of the individual or entity to which it is transmitted and may contain information that is privileged, confidential and exempt from disClosure.under applicable laws. If the reader of this communication is not the intended recipient, you are hereby notified that any dissemination, distribution or copying of this communication is strictly , prohibited. If you have received' this communication in error, please notify us immediately at the telephone number lii;;ted below. We will reimburse you for any long distance charges. Thank you. ' Original to be sent separately, , X No original sent. If you do not receive all the pages, please call Lorelei at (541) 746-9621 \' ,I t Date Received MAY 1'9/0+ Planner: BJ '.. ". " ' L M8Y-19-~004 13:54 HAROLD, LEAHY, & KIERAN , ..' - --S-"I\~n '^'~RE . LAW OFFICE OF BILLt,OOS, PC. ~ \(-:::\ <;,^~ L_ OR"O' CAlm"" CAW -.~ 2~ b ~ 60"\ 541 746'4109 P.02 57 OLIVE STREET, SUITE 300 EUGENE. OR 97401 PO BOX';190B EUGENE, OR 97440 TEL (54 1) 343-8596 FAX (041) 343-8702 E-MAIL BILLKL005@LANDU5EOREGON.COM May 18, 2004 Stephen Vorhes, Assistant County Counsel Lane County Courthouse 125 E. 8tb Ave. Eugene, OR 97401 , Joseph Leahy Ha.'old, Leahy & Kieran 223 N. A St., Suite D Springfield, OR 97477 " Dear Steve and Joe: Roxie Cuellar asked that as courtesy to you, I forward a copy ofthe Home Builder's NITA that was filed today. .~v Encl. NITA Date Received , . MAY 19,cxf Planner: BJ. .. ~ ' MAY-19-2004 13:54 . HAROLD, LEAHY, & KIERAN 541746,4109. P.03 -' LAW OFFICE OF BILL KLOOS, PC OREGON LAND USE LAW 576 OLIVE STREET, SUITE ~oo EUGENE, OR 97401 PO BOX ,., 906 EUGENE, OR 97440 TEL (541) 343,8596 FAX (541) 343-8702 E'MAIL BILLKLOOS@LANOUSEOREGON.COM May 18,2004 Land Use Board of Appeals 550 Capitol St..NE, Suite 235 Salem, OR 97301-2552 Certified No. 7002 0510 0001 84252799 Re: Home Builders. v. City of Eugene, LUBA No. ' Dear LUBA: Enclosed for filing are the original and two copies of a Notice ofIntent to. Appeal, together with a check in the amount of $3 25. ,/ - / /~. Bill cc: Service List stated inNITA Date Received MAY 1 91 0 ~ Planner: BJ " MAY-19-2004 13:54 '.' HAROLD, LEAHY, & KIERAN 541 746 4109 P.04 BEFORE THE LAND USE BOARD OF APPEALS OF THE STATE OF OREGON HOME BUILDERS ASSOCIATION OF LANE COUNTY, and HOME BUILDERS CONSTRUCTION COMPANY, Petitioners, v. CITY OF EUGENE, Respondent. ) ) ) ) ) ) ) ) ) ) ) ) LUBA No. 2004- (Metro Plan Changes; Eugene Ord, No. 20319) NOTICE OF INTENT TO APPEAL 1. Notice is hereby given that petitioners intend to appeal that hind use decision or limited land use decision of respondent entitled Ordinance No. 20319, which became final on April 27, 2004 and which involves amendments to, the text and the diagram of the Eugene/Springfield Metropolitan Area Plan ("Metro Plan 'J. Petitioners expect the same amendments will be adopted by the other Metro jurisdictions -.: the City of Springfield and Lane County, . The amendments are, at least in part, a periodic review work task product. This appeal to LUBA is intended to allow petitioners to seek review ofthe amendments for compliarice with standards that are outside the jurisdiction of the Department of Land Conservation and Developrnent, .. including compliance with state statutes, rules implementing state statutes, and unamended Metro Plan elements. A copy of the amending ordinance, not including the exhibits, is attached as Exhibit A hereto. II. Petitioners are represented by Bill Kloos, Law Office of Bill Kloos PC, PO EfYat~Received MAY 19 rbr Planner: 'BJ MAY-19-2004 13:55 HAROLD, LEAHY, & KIERAN 541 746 4109 P.05 Eugene, OR 97440; Phone: 541-343-8596. Ill. Respondent, City of Eugene, has as its mailing address and telephone number: Eugene City Manager, City Hall, 777 Pearl Street, Eugene, OR 97401; Phone: (541) 682-5010; and it' haS, as its legal counsel Emily Newton Jerome, Harrang Long Gary Rudnick, PC, PO Box 11620, Eugene, OR 97440-3820; ,Phone: (541) 485-0220., N. No persons have been mailed notice ~fthis decision as of the date of this filing. As the subject-ordinance is a periodic review work task product, petitioners expect that notice eventually will be sent!o the DLCD and to a list of persons. who have requested notice, after the same substantive changes are adopted by the two other jurisdictions: NOTICE: Anyone designated in paragraph N of this Notice who desires to participate as a p'arty in this case before the Land Use Board of Appeals must-file with the Board a Motion to Intervene in this proceeding as required by OAR 661-10-050. LA W~ICEOF BILL )<LOOS PC Ij VL.l~/-' BilYKI : aSB No: 81140 " CERTIFICATE OFSERVrCE I hereby certify that on May 18, 2004, I served a true imd correct copy of this Notice of Intent to Appeal on all persons listed iri paragraphs III and N ofthis Notice pursuant to OAR 661-010-0015(2) by first class mail. Dated: May 18, 2004. ,~ ' Bate Received MAY 19(01 Planner: 'BJ Bill ., MAY-19-2004 13:55 :-. HAROLD, LEAHY, 8. K J ERAN 541 746 4109 P.06 ORDINANCE NO. Z0319 AN ORDINANCE AMENDING THE EUGENE-SPRlNGFIELD METROPOLITAN AREA GENERAL PLAN (METRO PLAN) TO ADOPT AS PART OF PERIODIC REVIEW METRO PLAN HOUSEKEEPING REVISIONS; A NEW r.u.u.O PLt\N CHAPTER m-c: ENVIRONMENTAL RESOURCES ELEMENT; A NEW METRO PLAN DIAGRAM; ADOl' HJ.lG SAVINGS AND SEVERABn.1TY CLAUSES;' AND PROVIDING AN EFFECTIVE DATE. , ' . The City Councll of the City of Eugene finds that: A. Chapter IV 'of the Eugeno-Springfield Metropolitan AIeaGeneraJ Plan (Metro Plan) sets forth pro~ed\U'es for amendInent of the Metro J;'lan, whi~h for the City of Eugene are implemented by the provisions of Chapter 9 oflhe Eugene Code, 1971. ' . B, The current Metro Plan, adopted in 1982 and subsequently amended, is in need of lIiodific:alion to refJ~ c;hangesin Slate: law and loc;al c;onditiollS, as required by Periodic Review. . C, Following a joint public 'hearing with,the Springfield l!I1d Lane County Planning Commissions on June 3 and June 17,2003, the Eugene Planning Commission recommended "t't',w.al of the draft Metro Plan Housekeeping Revisions, draft Metro Plan Chapter m~, and the draft Metro Plan Diagram to the Eugene City Counc;il by action taken at a public meeting held by the Eugene Pl~nn;ng Commission OD November 3, 2003. D. The City Council has c;onducted a public; hearing and is now ready to take action based upon the above rec:ommendations and the evidenee and testimony already in the record as , well as the evidence and testimony presented at the public hearing held in the matter of amending the Metro Plan. ' NOW, THEREFORE, THE CITY OF EUGENE DOES ORDAIN AS FOLLOWS: section 1,. The revisions in the Metro Plan HmLJe1:eeping Revisio1lJ. as set forth in Exhibit A attached and incorporated herCin, are adopted as amendments to the Ewgene- Springfield M",.. vywlita71 Are4 Ge7leral Pla71 (Metro Pian). ~eetloD 2. The Enwo1U1lental RaC1llTceJ Eleme7ll (Chapter m-C) of the MetroPio~ is removed, superseded and replaced by a new ETnI,......enf41 RuC1IJTCeJ Element (Chapter m-C), ' as set forth in Elr.hibit B altac;hed and inc;..,t'''''.Jcd herein, which is hereby adopted as an amendment'lo the Metro fla7l. Ordinance - .1 Date Received MAY 1 9; O~ P1~H~r: BJ MAY-19-2004 13:55 HAROLD, LERHY, & KIERAN 541 746 4109 P.07 Section 3. The Metro Plan Diagram is removed, superseded and replaced by the Metro Plall Diagram, as amended and set forth in Exhibit C attached and incorporated herein, which is hereby adopted as an amendment to the 'Metro Plan. . Seetlon 4. Although not a part of this Ordinance, the City Council adopts the Legislative Findings set forth in the attached Exhibit D. Section S. The prior designations rep~led by this Ordinance shall remain in fulI force ' and effect to authorize prosecution of persons in violation thereof prior to the effective date of this Ordinance. Section 6. If any section; subsection, sentence, clause. phrase or portion of this 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 Dot affect the validity of the remaining portions hereof; Section 7, Notwithstanding the effective date of Ordinances as provided in the Eugene Charter of 2002, this Ordinance shall not become effective until the City of Springfield and Lane , County have adopted ordinances containing concurring provisions to those adopted herein. .YYu~ cl'tyRecorder ~. Approved by the Mayor this , ~ay of April, 2004 :-i)/ .~ . I Passed by the City Council this ' 21&1 day.or April, ~004 ,Date Received MAY 19 { Df Planner: BJ Ordinance - 2 TOTAL P. 07