HomeMy WebLinkAboutMiscellaneous Miscellaneous 7/5/2004
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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 SPRINGFIELD,
Respondent.
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)
)
)
)
)
)
)
)
)
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LUBA No. 2004-
(Metro Plan Public Facilities Amend;
Springfield Ordinance No, 6093)
Date Received
JUL 0 5 I 01/
Planner: BJ
NOTICE OF INTENT TO APPEAL
I.
Notice is hereby given that petitioners 'intend to appeal that land use decision or limited
land use decision of respondent entitled Ordinance No, 6093: An Ordinance Amending the
Eugene-Springfield Metropolitan Area General Plan Text, Chapter III, Section G, Public
Facilities and Services Element and Chapter V Glossary; and Adopting a Severability Clause.
The decision became final on July 19, 2004, A copy of the Ordinance and Notice of Adoption
appear as Exhibits A and B hereto, respectively,
II.
Petitioners are represented by Bill Kloos, Law Office of Bill 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
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.
D, Springfield, OR 97477; Phone: 541-746-9621.
IV,
Other persons receiving notice of1he decision were: Mike Hudson, Manager,
City of Co burg, 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 Intervene
in this proceeding as required by OAR 661-10-050.
FFICE OF BILL FOOS PC
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Bifl1.(!oos, OSB NO. 81140
CERTIFICATE OF SERVICE
I hereby 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 and IV of1his Notice pursuant to OAR
661-0 I 0-00 15(2) by first class mail, as well as the following persons.
David Jewett
Thorp Purdy Jewett Urness & Wilkinson PC
lOll Harlow Road, Suite 300 .
'Springfield, OR 97477
Attorney for MWWC
Emily Jerome
,Harrallg Long Gary Rudllick, PC
PO Box 11620
Eugene, 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
Attorne.:.JrLane County
~ ' Date Received
JUL 0 5, o~
Planner: BJ
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'07./21/04 WED 16:35 FAX 5'. 7"" 2363
S~FLD CITY lIGRS OFFI.
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WHEREAS, Chapter rv 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 February 17, 2004; the Springfield City Council initiated
proceedings for a Metro Plan amendment; and
WHEREAS, following an April 20, 2004 joint public hearing with the Eugene
and Lane Couitiy Planning Commissions, the Springfield Planning Commission, on June
1,2004, recommended Metro PliUl amendments to Chapter ill, Section G. Public,
Facilities and Services Element to include !'wastewater" as a subcategory of service
within the UGB; to amend Finding #6 alldPolicy #3 to recognize the addition of Map 2a
to the Public Facilities and Services Plan (PFSP); to amend Policy #2 to include local
capital improvement plans as a means to impl~ent policy in the PFSP; to insert two new
findings regarding local and regional wastewater services to development within the
UGB; to add a new Policy #G.9 that comniits the wastewater conveyance and treatment
systems for this area to accommodate projected growth and regulatory requirements; and
to modify defInition #36 in Chapter V Glossary to include Treatment Facilities System,
the exact language for each of the preceding amendments being contained in Appendix A
attached and adopted as part ,of this Ordinance; and
WHEREAS, text, maps and tables setforth in Appendix B at pages I and 2 also
amend Chapter ill-G of the Metro Plan as amended in Chapter n of the PFSP; and
WHEREAS, on May 24,2004, the:Eugene Planning Commission, and on June 1,
2004, the Lane County Pianning Commission recommended 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 action based upon the above recommendations
and evidence and testimony already in the record as well as the evidence and testimony
presented at thc 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 1, and wl$l1 t R 'ad
are adopted in support of this Ordinance, Ua e ecelv
JUL 0 5tO~
EXtHHlT A J
Planner: B
01/21/04 WED 16:36 FAX 541 726 2363
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SPFLD CITY MGRS OFFjii,
l4Jooa
Ordinance No. 6093
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NOW, THEREFORE, the Common Council of the City of Springfield does
ordain as follows:
Section 1; The Metro Plan Chapter ill Section G, Public Facilities and Services
Element, and Chapter V Glossary, are'hereby ame~ed as described in Appendix A
attached and adopted as part of this Ordinance, The text amendments in Appendix A
shall apply to that version of the Metropolitan Plan in effect at the time of the effective
date of this Ordinance.
Section 2: The text, maps andproject lists in Appendix B at pages 1 and 2 are
adopted as amendments to the Metro Plan,
,_' Section 3:, Although not pal1 oflhis Grdinancei,the City Council adopts the
findings set forth in the attached Exhibit 1 in support oftms action.
, '
Section 4: 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 not affect the validity of the remaining portions thereof,
Section 4: Notwithstanding the effective date of ordinances as provided by
Section 2,)10 of the Springfield Municipal Code 1997, this Ordinance slJall become
effective upon the date that all oflhe following have occurred: (a) the ordinance has been
acknowledged as provided by ORS 197.625; (b) at least 30 days have pl\$sed since the
date the ordinance was approved; and (c) both the Eugene City Council and the Lane
County Board of Commissioners have adopted ordinances containing substantively
identical provisions to those described in Sections 1 and 2 of this Ordinance,
Adopted by the Common Council of the City ofSpringJ'icld this 19th day of
July, 2004 by a vote of 5 in favor and . 0 against.
Approved by the Mayor of the CitY.Of ~ : 1:[7 of July, 2004.
Mayor/, V
ATTEST:
CityR~ ' 9ate Received
JUL 0 5,{J~
REVIEWED & APPROVED Planner: BJ
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Notice of Adoption - Springfield City Council
225 rlFTI-f STREET
SPRINGFIELD, OR 97,/77
(541,i"726.3753
FAX (54 1) 726-3689
WVVVV'. Ci. springfield. OJ: us
Roxie Cuellar, Govemment Affairs Director
Home Builders Association of Lane County
2053 Laura Street
Springfield, OR 97477
Bill Kloos
578 Olive Street, Suite 300
Eugene, OR 97401
On July 19, 2004, the Springfield City Council unanimously adopted the following
ordinances: .
"An Ordinance amending the Eugene-Springfield Metropolitan Area General Plan text,
Chapter III, Section G, Public Facilities and Services Element and Chapter V Glossary;
and adopting a severability clause."
"An Ordinance amending the Eugene-Springfield Metropolitan Area Public Facilities and
Services Plan (PFSP) by adding new tables and maps identifying wastewater treatment
facilities and conveyance systems in Chapter II; amending Chap1er 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 number for these actions is LRP 2004-0000 I. I have enclosed copies of the
Ordinances and their attachments for your records.
You are being notified of this action because you provided testimony at the public
hearing on this matter. You should be aware that the amendments affected by both
ordinances require adoption of "substantively identical provisions" by the Eugene City
Council and the Lane County Board ofCorrunissioners. The Eugene City Council
scheduled July 26, 2004 for consideration and action. The Lime County Board of
Commissioners 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 final reading of the
ordinance and action, but we cannot guarantee when that date might be.
,
I draw your attention to Section 4 of the Metro Plan amendment Ordinance (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 the obligatory passing of30 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 ilI5afe Received
JUL 0 5 att
EXHIBIT B /.!-I--
Planner: BJ
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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.
As you are no doubt aware, appeals of PAPA's must be submitted to the Land Use Board
of 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 information regarding the enclosed
Ordinances, please contact me at your convenience.
Or ory Mo~
Planning Manger
cc: File LRP 2004-00001
Meg Kieran, City Attorney
Date Received
JUL 0 Slut
Planner: BJ
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BEFORE THE LAND l)SE BOARD OF APPEALS
OF THE ST A.TE OF OREGON
HOME BUILDERS ASSOCIATION OF
LANE COUNTY, and HOME BUILDERS
CONSTRUCTION COMPANY,
Petitioners,
v,
CITY OF SPRINGFIELD,
Respondent.
)
)
)
)
)
)
)
)
)
)
)
)
LUBA No, 2004-
(PFSP Amendment
Springfield Ordinance No. 6094)
Date Received
JUL 04,01
Planner: BJ
NOTICE OF INTENT TO APPEAL
1.
Notice is hereby given that petitioners intend to appeal that land use decision or limited
land use decision of respondent entitled Ordinance No. 6094: An Ordinance Amending the
Eugene-Springfield Metropolitan Area Public Facilities and Services Plan (PFSP). The decision
became final on July 19, 2004. A copy ofthe Ordinance and Notice of Adoption appear as
Exhibits A and B hereto, respectively. This a i;ompanion ordinance to Ord, No, 6093, which is
the subject of the appeal in LUBA No, 2004-118,
II,
Pe1itioners are represented by Bill Kloos, Law Office of Bill. 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 FifthSt., Springfield, OR 97477; Phone: 541-726-
3700; and it has, as its legal counsel, Joseph Leahy, Harold, Leahy & Kieran, 223 N, A St., Suite
,-
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(fit,
D, Springfield, OR 97477; Phone: 541-746-9621.
IV.
Other persons receiving notice of the decision were: Mike Hudson, Manager,
City of Co burg, 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 Intervene
in ,this proceeding as required by OAR 661-10-050,
L'A ~CE OF BI~KLOOS PC
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Bi~os, OSB N'o, 81140
CERTIFICATE OF SERVICE
I hereby certify that on July 27, 2004, i served a true and correct copy of this Notice of
Intent to Appeal on all persons listed in paragraphs III and IV ofthis Notice pursuant to OAR
661-010-0015(2) by first class mail, as well as the following persons,
David Jewett
Thorp Purdy Jewett Urness & Wilkinson PC
lOll Harlow Road, Suite 300
Springfield, OR 97477
Attorney for MWWC
Emily Jerome
Harrang Long Gary Rudnick, PC- :
PO Box 11620 '
Eugene, OR 97440-3820
Attorney for City of Eugene
Dated: July 27, 2004,
Stephen Vorhes, Assistant County Counsel
Lane County Courthouse
125 E. 8th Ave.
E ene, OR 97401
Attorney for Lane County
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Date ReceiVed
JUL 04 IO{
Planner: BloB
V'."" v.. lL't. lU:;:::~ tAA 5':11 ILO LJIjJ
SPFLD CITY MGRS OFFICE
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ORDll'IANCE NO. 6094
AN ORDINANCE AMENDING TIIE EUGENE-SPRlNGFlBW METROPOLITAN
AREA PUBUC FACILITIES AND SERVICES PLAN (PFSP) BY ADDING NEW
TABLES AND MAPS IDENTIFYING WASTEWATER TREATMENT FACILITIES
AND CONVEYANCE SYSTEMS IN CHAPTER IT; AMENDING CHAPTER IV
W ASTEW ATER SYSTEM CONDmON ASSESSMENT AND ADOPTING TABLE
16a; ADDING A NEW CHAPTER VI AM:ENDMENTS TO THE PFSP; AND
ADOPTING A SEVERABILITY CLAUSE.
WHEREAS, Chapter IV of the Eugene-Springfield Metropolitan Area General
Plan (Metro Plan) sets forth procedures [or amendment of the Metro Plan, and by
extension, amendment of refinement and functional plans that supplement the Metro
Plan, which for Springfield arc implemented by the provisions of Article 7 of the
, Springfield Development Code; and
WHEREAS, on February 17, 2004, the Springfield City Council initiated
proceedings for a Public Facilities and Services Plan amendment and related Metro Plan
text amendments; and
J
WHEREAS, following an April 20, 2004 joint public hearing with the Eugene
and Lane County Planning Commissions, the Springfield Planning CorlUllission, on June
1,2004, recommended the related Metro Plan text amendments and Public Facilities and
Services Plan amendments to include new tables identifying wastewater b"eafmentsystem
and primary collection system improvement projects as identified in Appendix B; to
include new maps showing existing wastewater treatment systems and planned
wastewater project sites; to revise the wastewater system condition assessment by
describing and distinguishing treatment system and conveyance; to include an expanded
discussion of wastewater service within the urbanizabJe area; to include project titles,
rough cost estimates and completion dates for the wastewater treatment and collection
system improvements; and to add a new Public Facilities and Services Plan amendment
process, the exact language [or each of the preceding, amendments being contained in
Appendix: A and B attached and adopted as part of this Ordinance; and
, ,
\VHEREAS, on May 24, 20Q4,theEugen6Plamung Commission and on June 1,
2004, the Lane County Planning Commission recommended the Metro Plan text
amendments and Public Facilities and Services Plan amllndments; 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 action based upon the above recommendations "0
and evidence and testimony already in the record as well as the evidence and testimony ~
presented at th.ejoint elected officials public hearing; and "<5
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WHEREAS, substantial evidence exists within the record demonstrating that the Q)
proposal meets the requirements of the Metto Plan, Springfield Development Code, and ,a:
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EXHIBIT A
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SPFLD CITY MGRS OFFICE
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Ord1nan~e No. 6094
applicable state and local law as described ih findings attached as Exhibit I, and which
are adopted in support of this Ordinance.
NOW, 1HEREFORE, the COlllU1on Council of the City of Springfield does
ordain as follows:
Section I: The Public Facilities and Services Plan is hereby amended as follows:
a) Chapter II is amended to include the text; tables and maps set forth in Appendix B at
pages ) and 2, attached hereto; b) Chapter N is amended to reflect the text and tables set
forth in Appendix B at pages 3 and 4; and c) Chapter VI is added and shall consist of the
text set forth in Appendix B at pages 5 and 6, Appendjx B is adopted as part of this
Ordinance.
Section 2: Chapter II of the Public Facilities and Services Plan is further amended
to reflect the changes to Chapter m-G, Public Facilities and Services Element and '
Chapter V, Glossary of the Metro Plan as s~ forth in Appendix A, attached hercto and by
this reference incorporated herein. '
Section 3: Although not part of this Ordinance, the City Councii adopts the
findings set forth in the attached Exhibit 1 in support of this action.
Section 4: 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 not affect the validity of the IP.mA;n;n.g portions thereof.
Section 5: Notwithstanding the effective date of ordinances as provided by
Section 2.110 of the Springfield Municipal Code 1997, this Ordinance shall become
effective upon the date that 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
datc the ordinance was approved; and (c) both the Eugene City Council and Lane County
Board of Commissioners bave adopted ordin311ces containing identical provisions to
, those described in Section 1 of this Ordinance. '
Ackiptedbythe CommCin Council of the City'ofSpiiiigfieldthis 19t:h dayof
July, 2004 by a vote of sin favor and 0 against. '
Approved by the Mayor of the City of Springfield this 19t:hdtr./C,2004
():) , J L_/
Mayor ({/ -' -
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City Recorder V
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225 FIFTH STREET
SPRINGFIELD. OR 97477
(541) 726-3753
FAX (541) 726-3689
www.ci.sprin9field.o<us
Notice of Adoption - Springfield City Council
Roxie Cuellar, Government Affairs Director
Home Builders Association of Lane County
2053 Laura Street
Springfield, OR 97477
Bill Kloos
578 Olive Street, Suite 300
Eugene, OR 97401
On July 19,2004, the Springfield City CO'!Dcil unanimously adopted the following
ordinances:
"An Ordinance amending the Eugene-Springfield Metropolitan Area General Plan text,
Chapter III, Section G. Public Facilities and Services Element and Chapter V Glossary;
and adopting a severability clause."
"An Ordinance amending the Eugene-Sprmgfield Metropolitan Area Public Facilities and
Services Plan (PFSP) by adding new table~ and maps identifying wastewater treatment
facilities and conveyance systems in Chapter II; amending 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 number for these actions is LRP 2004-00001. I have enclosed copies of the
Ordinances and their attachments for your records.
You are being notified of this action because you provided testimony at the public
hearing on this matter. You should be aware that the amendments affected by both
ordinances require adoption of "substantively identical provisions" by the Eugene City
Council and the Lane County Board ofConunissioners, The Eugene City Council
,', ,stheduledJlily 26, 2004 for corlsidemtiim a'nd"action. ' The Lane County Board of
Conunissionersscheduled atbird reading of its ordinance on August 3, 2004. It is
anticipated that the Board will announce at this meeting the date for a final reading of the
ordinance and action, but we cannot ~tee when that date might be.
I draw your attention to Section 4 of the Metro Plan amendment Ordinance (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 the obligatory passing of30 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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this matter is scheduled in one week's time, but Lane County's action may not occur until
after 30 days have elapsed.,
As you are no doubt aware, appeals of PAPA's must be submitted to the Land Use Board
of 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 information regarding the enclosed
Ordinances, please contact me at your convenience.
01)' Mott
Planning Manger
cc: File LRP 2004-00001
Meg Kieran, City Attorney
Date Received
JUL 04 let'
Planner: BJ
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has, as its legal counsel Emily Newton Jerome, Harrang Long Gary Rudnick, PC, POfrctte Received
JUL 05(0{
Planner: BJ
.'
BEFORE THE LAND USE BOARD OF APPEALS
OF THE STATE OF OREGON
HOME BUILDERS ASSOCIATION OF
LANE COUNTY, and HOME BUILDERS
CONSTRUCTION COMPANY,
)
)
)
)
)
)
)
)
)
)
)
)
LUBA No, 2004-
(Metro Plan Public Facilities Amend;
Eugene Ordinance No, 20325)
Petitioners,
v,
CITY OF EUGENE,
Respondent.
NOTICE OF INTENT TO APPEAL
,I.
Notice is hereby given that petitioners intend to :appeal that land use decision or limited
land use decision of respondent entitled Ordinance No, '20325: An Ordinance Amending the
Eugene-Springfield Metropolitan Area General Plan Text, Chapter III, Section G, Public
Facilities and Services Element and Chapter V Glossary; and Adopting a Severability Clause;
and Providing an Effective Date, The decision became final on July 31,2004, A copy of the
Ordinance and Notice of Adoption appear as Exhibits A and B hereto, respectively.
II.
Petitioners are represented by Bill Kloos, Law Office of Bill Kloos PC, PO Box 11906,
Eugene, OR 97440; Phone: 541-343-8596,
III.
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
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11620, Eugene, OR 97440-3820; Phone: (541) 485-0220.
IV,
Other persons receiving notice of the decision were: Mike Hudson, Manager,
City of Coburg, PO Box 8316, Coburg, OR 97408; Terry Connolly, Eugene Chamber of
Commerce, 1401 Willamette St., Eugene, OR 97401.
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 Intervene
in this proceeding as required by OAR 661-10'-050.
CERTIFICATE OF SERVICE
'I
I hereby certify that on August 3, 2004,01 served a true and correct copy ofthis Notice of
Intent to Appeal on all persons listed in paragraphs ill and 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 Urness & Wilkinson PC
1011 Harlow Road, Suite 300
Springfield, OR 97477
Attorney for MWWC
Emily Jerome
Harrang Long Gary Rudnick, PC
PO Box 11620
Eugene, OR 97440-3820
Attorney for City of Eugene
Dated: August 3, 2004,
Stephen Vorhes, Assistant County Counsel
Lane County Courthouse
125 E. 8th Ave.
Eugene, OR 97401
Attorney for Lane County
Date Received
JUL 0 5 I Of
Planner: BJ
.
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ORDINANCE NO. 20325
AN ORDINANCE AMENDING THE EUGENE-SPRINGFIELD
METRO PO LIT AN AREA GENERAL PLAN TEXT, CHAPTER III,
SECTION G, PUBLIC FACILITIES AND SERVICES ELEMENT, AND
CHAPTER V GLOSSARY; ADOPTING A SEVERABILITY CLAUSE;
AND PROVIDING AN EFFECTIVE DATE.
Tbe City Council of the City of Eugene finds tbat:
A, Chapter IV of the Eugene-Springfield Metropolitan Area General Plan (Metro
Plan) sets forth procedures for amendment of the Metro Plan, which for Eugene are implemented
by the provisions of Chapter 9 of the Eugene Code, 1971.
B. On February 17, 2004, the Springfield City Council initiated proceedings for a
Metro Plan text amendment.
C. Following an April 20. 2004 joint public hearing)llith the Springfield and Lane
County Planning Commissions. the Eugene. Planning Commission, on May 24. 2004,
recommended Metro Plan text amendments to Chapter III. 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 (PFSP); to amend Policy #2 to include local capital improvement plans as a means
to implement policy in the PFSP; to insert two new findings regarding local and regional
wastewater services to development within the UGB; to add a new policy #G.9 that commits the
wastewater conveyance and treatment systems for this area to accommodate projected growth
and regulatory requirements; and to modify definition #36 in Chapter V Glossary to include
Treatment Facilities System. the exact language for each of the preceding amendments being
contained in Appendix A attached and adopted as part ofthis Ordinance,
D. Text, maps and tables set forth in Appendix B at pages I and 2 also amend
ehapter III-G of the Metro Plan as amended in Chapter II of the PFSP.
E. On May 24,2004 the Eugene Planning Commission. and on June 1,2004. the
Springfield Planning Commission and Lane County Planning Commission recommimded Public
Faci lities and Services Plan and Metro Plan amendments.
F, The City Council conducted ajoint public hearing on this amendment on June 22,
2004. with the Springfield 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,
Ordinance - I
Date Received
JUL 0 5
~Qr: BJ
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G. Substantial evidence exists within the record demonstrating that the proposal
meets the requirements of the Metro Plan, the Eugene Code, 1971, and applicable state and local
law as described in findings attached as Exhibit I, and which are adopted in support of this
Ordinance,
NOW, THEREFORE,
THE CITY OF EUGENE DOES ORDAIN AS FOLLOWS:
Section 1. The Metro Plan Chapter II!' Section G, Public Facilities and Services Element,
and Chapter V Glossary, are amended as described in Appendix A attached and adopted as part
of this Ordinance, The text amendments in Appendix A shall apply to that version of the Metro
Plan in effect at the time of the effective date of this Ordinance,
Section 2. The text, maps and project lists in Appendix B at pages I and 2 are adopted as
amendments to the Metro Plan,
Section 3. Although not part of this Ordinance, the City Council adopts the findings set
forth in the attached Exhibit I in support of this action.
Section 4. 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 not affect the validity of the remaining portions thereof.,
Section 5. Notwithstanding the effective date of ordinances as provided by the Eugene
Charter of 2002, this Ordinance shall become effective upon the date that 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 Springfield
City Council and the Lane County Board of Commissioners have adopted ordinances containing'
substantively identical provisions to those described in Sections I and 2 of this Ordinance.
Passed by tbe City Council tbis
l(\'\Gl~1<7}a A ,(
City Iijcorder
Approved by tbe Mayor tbis
M day of July, 2004
(l.. ,-:I) ~t/1
f Mayor /
26lh day of July, 2004
Ordinance - 2
Date Received
JUL 05(oLf
Planner: BJ
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PlannIng
& Development
Planning
.
City of Eugene
99 West 10th Avenue
Eugene, Oregon 97401
(541) 682-5481
(541) 662-5572 FAX
NOTICE OF DECISION
July 30, 2004
On July 26,2004, the Eugene City Council adopted ~c;es :NO.l!~0325 and 20356 amending
Chapter ill, Section G of the Eugene-Springfield Metro Plan Public Services Element, the Metro Plan
Glossary, and amending the Public Facilities Services Plan, respectively. These ordinances amend
policies and project lists regarding wastewater coll~tion and treatment and introduce an amendment
procedure to the Public Facilities Services Plan and adopt a severability clause.
The local file number for these amendments is MA 04-1.
The amendments and findings can be reviewed at the Permit Information Center I- Floor Reception,
Atrium Building, 99 West 10lh Avenue, between 1:00 p.m. and 5:00 p.m., Monday through Friday.
All decisions of the elected officials are final, Pers(Jns who Participated either orally or in writing in the
local govenunent proceedings leading to adoption of the amendments may appeal the decision to the
Land Use Board of Appeals within 21 days of the decision. Appeals to the Oregon Land Use Board of
Appeals are governed by ORS 197,825 to 197.845. The Citycansiders this letter and enclosures to
meet the requirements of the relevant notice provisions ofORS 197.
For additional information, please contact Kurt Yeiter, Eugene Planning Division, telephone: (541) 682-
8379; e-mail: kurt.m.yeiter@ci.eugene.or.us
Date Received
JUL 0 5{o~
~Ioo~~r: BJ '
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BEFORE THE LAND USE BOARD OF APPEALS
OF THE STATE OF OREGON
)
)
)
)
)
)
)
)
)
)
)
)
NOTICE OF INTENT TO APPEAL
HOME BUILDERS ASSOCIATION OF
LANE COUNTY, and HOME BUILDERS
CONSTRUCTION COMPANY,
Petitioners,
v.
CITY OF EUGENE,
Respondent.
LUBA No. 2004-
(PFSP Amendment
Eugene Ordinance No. 20326)
1.
Notice is hereby given that petitioners intend to appeal that land use decision or limited
land use decision of respondent entitled Ordinance No. 20326: An Ordinance Amending the
Eugene-Springfield Metropolitan Area Public Facilities and ServiCes Plan (PFSP). The decision
became final on July 31, 2004. A copy of the Ordinance and Notice of Adoption appear as
Exhibits A and B hereto, respectively.
In.
Petitioners are represented by Bill Kloos, Law Office of Bill Kloos PC, PO Box 11906,
,Eugene, OR 97440; Phone: 541-343-8596.
m.
Respondent, City of Eugene, has as its mailing address and telephone number: Eugene
City Manager, City Hall, 777 Pearl Street, Eugene, OR 97401; l'hone: (541) 682-5010; and it
has, as its legal counsel Emily Newton Jerome"Harrang Long Gary Rudnick, PC, PO Box
Date Received
JUL 0 5 I o~
11620, Eugene, OR 97440-3820; Phone: (541) 485-0220.
Planner: BJ
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IV.
Other persons receiving notice of the decision were: Mike Hudson, Manager,
City of Coburg, PO Box 8316, Coburg, OR 97408; Terry Connolly, Eugene Chamber of
,
Commerce, 1401 Willamette St., Eugene, OR 97401.
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 Intervene
in this proceeding as required by OAR 661-10-050,
L A~FFICE" OF BILL KLOOS PC
~
.1
BiU oos, OSB No. 81140 .
CERTIFICATE OF SERVICE
I hereby certify that on August 3, 2004, I served a true and correct copy of this Notice of
Intent to Appeal on all persons listed in paragraphs III and IV of this Notice pursuant to OAR
661-0 I 0-00 15(2) by first class mail, as well as the following persons,
David Jewett
Thorp Purdy Jewett Urness & Wilkinson PC
1011 Harlow Road, Suite 300
Springfield, OR 97477
Attorney for MWWC
Emily Jerome
Harrang Long Gary Rudnick, PC
PO Box 11620
Eugene, OR 97440-3820
Attorney for City of Eugene
Dated; August 31, 2004,
Stephen Vorhes, Assistant County Counsel
Lane County Courthouse
125 E: 8th Ave. ,
a;ugene, OR 97401
A,rney for Lane County
I. /1 ,
$ oos '
Date Received
JUL 051O/f
Planner: BJ
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ORDINANCE NO. 20326
AN ORDINANCE AMENDING THE EUGENE-SPRINGFIELD
METROPOLITAN AREA PUBLIC FACILITIES AND SERVICES PLAN
(PFSP) BY ADDING NEW TABLES AND MAPS IDENTIFYING
WASTEWATER TREATMENT FACILITIES AND CONVEYANCE
SYSTEMS IN CHAPTER II; AMENDING CHAPTER IV WASTEWATER
SYSTEM CONDITION ASSESSMENT AND ADOPTING TABLE 16a;
ADDING A NEW CHAPTER VI AMENDMENT TO THE PFSP;
ADOPTING A SEVERABILITY CLAUSE; AND PROVIDING AN
EFFECTIVE DATE.
Tbe City Council of tbe City of Eugene finds tbat:
"
A. Chapter IV of the Eugene-Springfield Metropolitan Area General Plan (Metro
Plan) sets forth procedures for amendment o[the Metro Plan, and by extension, amendment of
refinement and functional plans that supplement the Metro Plan, which for Eugene are
implemented by provisions of Chapter 9 of the Eugene Code, 1971.
B. On February 17, 2004, the Springfield City Council initiated proceedings for a
Public Facilities and Services Plan amendment and related Metro Plan text amendments.
C. Following an April 20, 2004 joint public hearing with the Springfield and Lane
County Planning Commissions, the Eugene Planning Commission, on May 24, 2004,
recommended the related Metro Plan text amendments and Public Facilities and Services Plan
amendments to include new tables identifYing wastewater treatment system and primary
collection system improvement projects as identified in Appendix B; to include new maps
showing existing wastewater treatment systems and planned waStewater project sites; to revise
the wastewater system condition assessment by describing and distinguishing treatment system
and conveyance; to include an expanded discussion of wastewater service within the urbanizable
area; to include project titles, rough cost estimates and completion dates for the wastewater
treatment and collection system improvements;' and to add a new Public Facilities and Services
Plan amendment process, the exact language for each of the preceding amendments being
contained in Appendix A and B attached and adopted as part of this Ordinance.
D. On May 24, 2004 the Eugene Planning Commission and on June I, 2004, the
Springfield Planning Commission and the Lane,County Planning Commission recommended the
Metro Plan text amendments and Public Facilities and Services Plan amendments,
E. The City Council conducted ajoint public hearing on this amendment on June 22,
2004, with the Springfield 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,
Ordinance - 1
Date Received
JUL \15101(
E~r: 8J
.
.
11111>
I.!
F. Substantial evidence exists within the record demonstrating that the proposal
meets the requirements of the Metro Plan, the,Eugene Code, 1971, and applicable state and local
law as described in findings attached as Exhibit I, and which are adopted in support of this
Ordinance,
NOW, THEREFORE,
THE CITY OF EUGENE DOES ORDAIN AS FOLLOWS;
Section 1. The Public Facilities and Services Plan is hereby amended as follows: (a)
Chapter'II is amended to include the text, tables and maps set forth in Appendix B at pages I and
2, attached hereto; (b) Chapter IV is amended to reflect the text and tables set forth in Appendix
Bat pages 3 and 4; and (c) Chapter VI is added and shall consist of the text set forth in Appendix
B at pages 5 and 6, Appendix B is adopted as part of this Ordinance,
Section~. Chapter II of the Public Facilities and Services Plan is further amended to
reflect the changes to Chapter III-G, Public Facilities and Services Element and Chapter V,
Glossary of the Metro' Plan as set forth in Appendix A, attached hereto and by this reference
incorporated herein,
Section 3. Although not part of this Ordinance, the City Council adopts the findings set
forth in the attached Exhibit I in support of this, action.
Section 4. 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 not affect the validity of the remaining portions thereof
Section 5. ' Notwithstanding the effective date of ordinances as provided by the Eugene
eharter of 2002, this Ordinance shall become effective upon the date that 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 Springfield
City Council and Lane County Board of Commissioners have adopted ordinances containing
substantively identical provisions to those described in Sections 1 and 2 of this Ordinance,
Passed by the City Council this
,L~
Approved by tbe May'or tbis
3M day of July, 2004
n_ ~~~ ,~/~
V - Maycf
26'h day of July, 2004
Ordinance - 2
Date Received
JUI, \1 5
Planner: BJ
L,
c
Planning
& Development
Planning
,
u
City of Eugene
99 Weat 10th Avenue
Eugene. Oregon 97401
(541) 682-5481
(541) 682-5572 FAX
NOTICE OF DECISION
July 30,2004
On July 26, 2004, the Eugene City Council adopted Onlinan~ !'l0.s_20325 and 20356 amending
Chapter ill, Section G of the Eugene-Springfield Metro Plan Public Services Element, the Metro Plan
Glossary, and amending the Public Facilities Servipes Plan, respectively. These ordinances amend
policies and project lists regarding wastewater collection and treatment and introduce an amendment
procedure to the Public Facilities Services Plan and adopt a severability clause.
The local file 'number for these amendments is MA. 04-1.
The amendments and findings can be reviewed at the Pennit Information Center I" Floor Reception,
Atriuin Building, 99 West 10th Avenue, between 1:00 p,m. and 5:00 p.m., Monday through Friday,
All decisions of the elected officials aretinal. Persons who participated either orally or in writing in the
local govenunent proceedings leading to adoption of the amendments may appeal the decision to the
'Land Use Board of Appeals within 21 days of the decision. Appeals to the Oregon Land Use Board of
Appeals are governed by ORS 197,825 to 197,845..' The City considers this letter and enclosures to
meet the requirements of the relevant notice provisio~ ofORS 197.
For additional information, please contact Kurt Yeiter, Eugene Planning Division, telephone: (541) 682-
8379; e-mail: kurt.m.yeiter@ci.eugene.or.us
Date Re'~ei\led
JUl 0 5, 6~
~mfelt; 8J