HomeMy WebLinkAboutCorrespondence Miscellaneous 7/26/2004
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JE\oVJ:<..ll &
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lUll HARLOW ROAD, SUITE 300
SPRI1"O;oIl;LD.ORECON 97477
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Date Received
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Date Received
JUL 27 r{)V
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JUL-25-2004 14:46 FROM:
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TO: 5417263689
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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,
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LUBA No. 2004-
(Metro Plan Public Facilities Amcnd;
Springfield Ordinance No. 6093)
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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:
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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
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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
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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:
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Ordinan~e No. 6093
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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.
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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
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!)':;~:. (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:
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Notice of Adoption - Springfield City Council
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FA%. .S';.1' .:'::'~:;.lcn.9
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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!'
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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
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JUL 2 7( Of
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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
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RECEPTION OK
TX/RX NO
CONNECTION TEL
CONNECTION ID
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CITY OF SPRINGFIELD
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Date Received
JUL 27 I o~
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