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HomeMy WebLinkAboutCorrespondence Miscellaneous 7/26/2004 JUL-~~-2904 14:46 FROM: ., TO: 5417263689 P.l/7 . ." moRP pURDY JE\oVJ:<..ll & URNESS WlLKlNSON. p.c A'ITQRl\! r;vs ^ T LA W lUll HARLOW ROAD, SUITE 300 SPRI1"O;oIl;LD.ORECON 97477 " PHONE: (541)747.3354 FAX: (541) 747-3367 FAX COVER SI-IEET 7- - ~t,-07f TO: 'A~f ~ TELEPl~ONE NC{MBLR _ 7:J-.6 ~ '3 a,gq CLIENT NO, /I_LI ~~- I.?- ;).... - FROM ; _~.er:;;;;;2~ ..7 NUMBER OF PAGES: 7 DATE: (Including this Cover She:l) IV ITITI~ 1;~7;ofg #- ttt _ 0!.e,.;z;;, ,../!UIA. ?'t.41"-Lt<Jfr.ef".,ti-)A '.d{;~jp7i.. It ~J}1. j ~",h"1>.. lk- PI-Sf' CI'Z.I~ X~ Cd AJe 001tf. ~g ~;:;-~."."" tn~ ka-1'v\J..AA,f a/v './?J.1-UI'-< COMMENTS: ~tf ~) I aJl1f~" ;, If you have any questions or this transmission is l)ot clearly received, please call (541) 747-3354, T~U' . _ Original will not follow Original will follow by: Regular mail Certified mail, return receipt requested Express mail Federal Express servi.;.e U.P,S. 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"l'" Date Received JUL 27 r{)V Planner: BJ JUL-25-2004 14:46 FROM: , ' TO: 5417263689 P.2/7 " ~ " , ---- '--" BEFORE THE LAND USE BOARD OF APPEALS OF THE STATE OF OREGON HOME BUILDERS ASSOCIA nON OF LANE COUNTY, and HOME BUILDERS CONSTRUCTION COMPANY, Petitioners, ) ) ) ) ) ) ) ) ) ) ) ) LUBA No. 2004- (Metro Plan Public Facilities Amcnd; Springfield Ordinance No. 6093) 'Y ~ %- ~,~p ~t.:{ ~ ~ ,\X ,~G\ '" .1. / \; '\)01, Notice is hereby g,iven that petitioners mtend to appeal that land use jlcision or limited ,\; land use decision of respondent entitled Ordinancc No. 6093: ~rdin'!.nc~ending thc v. CITY OF SPRINGFIELD, Respondent. NOTICE OF INTENT TO APPEAL Eugene-Springfield Metropolitan Area General Plan Texl, Chapter III, Section G, Public Facilities and Services Element and Chapter V Glossary; and Adopting a Severability Clause, The decision became fmal on July 19. 2004, Ac9PY ilfthe Ordinance and Notice of Adoption appear as Exhibits A iiJid, B hereto, respectively. n. Petitioners are represented by BiII Kloos, Law Office ofBiII Kloos PC, PO Box 11906, Eugene, OR 97440; Phone: 541-343-8596. III. Respondent, City of Springfield, has as its mailing address and telephone number: Springfield City Manager, City Hall, 225 Fifth St., Springfield, OR 97477; Phone: 541-726- 3700; and it has, as its legal counsel, Joseph Leahy, Harold, Leahy & Kieran, 223 N. A St., Suite Date Received JUl 2 7 , D~ Planner: BJ JUL-2p-~004 14:46 FROM: TO: 5417263689 P.Y7 "-.. '-- D. Springfield, OR 97477; Phone: 54,1-746-9621. 'IV. Other persons -recei \ling notice of the decision were: Mike Hudson, Manager, City ofCnburg, PO Box 8316, Coburg, OR 97408. NOTICE: Anyone designated in paragraph IV of this Notice who desires to participate as a party in this case before the Land Use Board of Appeals must file with the Board a Motion to Intervenc in this proceeding as required by OAR 661-10-050. FFICE OF BILL OOS PC e:r- ~ o. 81140 CERTIFICATE OF SERViCE r hercby certify that on July 22,2004, I served a true and correct copy of this Notice of Intent to Appeal on all persons listed in paragraphs III aJ.ld IV of this Notice pursuant to OAR 661-010-0015(2) by first class mail, as well as the following persons. David Jewett Thorp Purdy Jewett Urncss & Wilkinson PC 1011 Harlow Road, Suitc 300 Springfield, OR 97477 Attorney for MWWC Emily Jerome Harrang Long Gary Rudnick, PC PO Box 11620 Eugcne, OR 97440-3820 Attorney for City of Eugene Dated: July 22, 2004. Stephen Vorhes, Assistant County Counsel Lane County Courthouse 125 E. 8th AVe. Eugene, OR 97401 6 Attorne'::'yrLane County If ~r:---r ' BtYKfo Date Received JUL 2 7 I oq Planner: 8(j JUL-2?-~004 14:46 FROM: 071'2il04 WED 16: 3S FAX 5426 '363 TO: 5417263689 SPFLD CITY IIIGRS Or-<;E P.4/7 ~UUl ,-... ''-- .... , ORDINANCE NO. 6093.., AN ORDINANCE AMENDING THE EUGENE-SProNGFIELD METROP.oUTAN ,AREA GENERAL PLAN TEXT, CHAPTER m, SECTION G. PUBUCFACn,ITIES AND SERVICES ELEMENT AND CHAPTER V GLOSSARY; AND ADOPTING A SEVERABILITY CLAUSE. WHEREAS, ChaptC1' IV of the Eugene-Springfield Metropolitan 'Area Genetal Plan (Metro Plan) sets forth proCedUres for amendment of the Metro Plan, which for Springtield are implemented by the provisions of Article 7 of the Springfield Development Code; and WHEREAS, on Fcbroar)' 17,2004, the Springfield City COlUlcil initiated PfQceedings for a Mctro Plan amendment; and WHEREAS, following lm April 20, 2004 joint public hearing with the Eugene and Lane County PWmiDg Commissions, the Springfield Planning Commission. on Tun,e 1, 2004, recommended Metro Plilll amendments to Chapter m, Section G, Public. Facilities and Services Element to include "wastewater" as a subcategory of service within the UGB; to amend Finding #6 and Policy #3 to recognize the addition of Map 2a to the Public Facilities and Services Plan (PFS;E'): to amend Policy #2 to include local capital improvement plals as a meanS to implement policy in the PFSP; to insert tlollO new findings regarding local and regional wastewater services to development within tbe UGB; to add a new Policy #G.9 thllt cOlnmits the wastewater conveyance and treatment systems for this area to accommodate projected growth and regulatory requi:ements; and to modify definition #36 in Cbapler V Glossary to ulcludc Treatment Facilities System. the ~act language for each of the preceding amendIne.nts being contained in Appendix A attached and adopted as part,of this Ordinance; and WHEREAS, text, maps and tables set forth in-Appcndix B at pages I. and 2 also =d Chapter m-G ofthe Mctro Plan as amended in Chapter IT of the PFSP; and WHEREAS, on May 24,2004, thc Eugene Planning Commission, and on Junc I, 2004, the Lane County Planning Commission recom.rnended Public Facilities and Services Plan and Metro Plan amendments; and wHEREAS, the City Council conducted a joint public hearing on this amendment on June 22, 2004, with the Eugene City Council and Lane County Board of Commissioners, and is now ready to take acnoD 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 attacJJ.ed as Exhibit 1, and which are adopted in support of this Ordinance. Date Received E.MI,I8IT A" , JUL 2 7 IN Planner: BJ JUL-2~-~004 14:47 FROM: .' 07(2,1;'04 WED 18: J8 FAX S" ~28 238J TO: 5417263689 SPFLD ern' IlGRS O"~TCE P.5/7 telUUJ \... "- Ordinan~e No. 6093 o. i NOW, THEREFORE, the Common Council of the City ofSpringticld does ordain as follows: ' Sectioq 1: 'TheMetro Plan Chapter II): Section G. PubUcFacilities and SetViccs Element, and Chapter V Glossary; are'hcrebY 8tD.e.l)dcd as described in Appendix A attached and adopted as pan of this Ordinance. The text amendments i.u Appendix A shall apply to that vcroion of the Metropolitan. Plan in effect at the time of tho effective date of this Ordinance. Section 2: The tcxt, maps and project lists in Appec.dix B at pages 1 and 2 are adopted as amendments to the MeO'o Plan. , Section 3: Although not part of this Ordinance, the City Council aClopts the findings set forth in the attached Exhibit 1 in support oflh;is action. " Section 4: If any seetion, subsectio~ sentence, clausc, 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 provisioll and such holding shall not affect the validity of the remaining portions thereof. Section 4: Notwithsunding the effective date of ordinances as provi.ded by Section 2.110 of the Springneld Municipal Code 1~97, this Ordinance shall become cffective upon the date Illat all of, the following have occurred: (a) the ordinance has been acknowledged as provided by ORS 197.625; (b) at least 30 days have passed since the date the ordinance was approved; and (c) both the Eugene City Council and the Lane County Board of Conuriissione~ have adopted ordinances containing substantively identical provisions to those described in Sections I and 2 oftJUs Ordinance. Adopted by the Common Council of the City of Springfield this 19~h day of July, 2004 by a vote of 5 in favor and 0 against. Approved by the Mayor of the CitY.Of ~: l:!~ of July, 2004. Mayor /" V ATIEST: CityR~ ' R!:VIEWED & APPROVED ~~./~ . !)':;~:. (J y( C"9\~h{Qeceived ~J'!"!CE OF CITY I\rro4td~ I , , , '. 'jlJL 27 I vi Planner.: 8J JUL-2?-<:::004 14:'47 FROM: TO: 5417263689 P,6/7 \, Notice of Adoption - Springfield City Council :.4..~1.1 /~..'t. {?-=j1 FA%. .S';.1' .:'::'~:;.lcn.9 w\.^/W ,;.- 3fJrill.qliui,;! t'!i ii, Roxie Cucllar, Government Affairs Director Home Buildcrs A5sociation of Lane County 2053 Laura Street Springfield, OR 97477 ~11~-oJ0'"1 Bill Kloos 578 Olive St~eet; Suite 300 Eugene, OR 97401 On July 19, 2004, the Springficld City Council unanimously adopted the following ordinances: "An Ordinance amcnding tbe Eugene-Springfield Mctropolitan Area Gcnerai Plan text, Chapter IJI, Section G. Public Facilities ~ Services Element and Chapter V Glossary; and adopting a severability clause." "An Otdinance amending the Eugene-Springfield Metropolitan Area Public Facilities and Services Plan (PFSP) by adding new tables and maps idcntifYing wastewater treatment facilities and conveyance systcms in Chapter II; amcnding Chapter IV Wastewater System Condition Assessment and adopting Table 16a; adding a new Chapter VI Amendments to the PFSP; and adopting a severability clause!' . ',' . The local file numbcr for,these actions is LIU' 2004-00001. I have enclosed copies of the Ordinances and their attachments for younecords. You are being notified of this action because you provided testimony at the public hearing on this matter. You should be awarc that the amendments affectcd by both ordinances require adoption of "substantively identical provisions" by the Eugene City Council and the Lane County Board of Commissioners, The Eugcne City'Couneil 'scheduled July 26, 2004' for corisjderation and aefio,n, The LaJie County Board of Coniniissioners, scheduled a third reading of its ordinance on August 3,2004. It is anticipated that the Board will announce at this meeting the date for a t1na1 reading of the ordinance and action, but we cannotguarantec when that date might be. I draw your attention to Section 4 of the Metro PIan amendment Otdinanee (Section 5 of the PFSP Ordinance) explaining the "effective date" of Springfield's Ordinances. You will note that, in addition to satisfying post acknowledgment plan amendment procedures as provided by statute, and thc obligatory passing of 30 days, Springfield's Ordinances will not become effective until and unless Eugene and Lane County adopt ordinances containing "substantively identical provisions." As outlined above, Eugene's action on " aa\iBiCeived JUL 2 7( Of Planner: ~) fi f::-.:~'j~~.J: JUL-26~2004 14:47 FROM: .' ' TO: 5417263689 P.7/7 '---: this matter is scheduled in one week's time, but Lane County's action may not occur until after 30 days have elapsed. A3 you are no doubt aware, appeals (lfP~A's must be submitted to the Land Use Board o'f Appeals '~not later than 21 days after notice of the decision sought to be reviewed is mailed or otherwise submitted to parties entitled to notice under ORS 197.615." (See ORS 197.830(9)). The City considers this letter and enclosures to meet the requirements of the relevant notice provisions ofORS 197. If you have any questions or would like additional infonnation regarding the enclosed Ordinances, please contact me at your convenience. ' cc: File LRP2004-00001 Meg Kieran, City Attorney Date Received JUL '}, 7 I or Planner: BJ 07/26/04 MON 15:12 FAX 5417263689 .' RECEPTION OK TX/RX NO CONNECTION TEL CONNECTION ID ST, TIME USAGE T PGS, RESULT CITY OF SPRINGFIELD 111111111 , ********************* *** RX ~EPORT *** ********************* 9338 'I 07/26 14: 50 02" 13 7 I OK Date Received JUL 27 I o~ PI ~'J' . 0/', ~ ~ "._' ,. anl"\.,,,,,:r ""; D k "'.' ., . '~,