HomeMy WebLinkAboutOrdinance 6241 06/01/2009
ORDINANCE NO. 6241 (General)
AN ORDINANCE AMENDING THE EUGENE-SPRINGFIELD METROPOLITAN
AREA GENERAL PLAN (METRO PLAN) DIAGRAM BY ADOPTING A NODAL
DEVELOPMENT OVERLAY DESIGNATION FOR APPROXIMATELY 168 ACRES
OF LAND WITHIN THE MCKENZIE-GATEWAY MDR SITE.
THE COMMON COUNCIL OF THE CITY OF SPRINGFIELD FINDS THAT:
WHEREAS, Section 5.14-100 of the Springfield Development Code (SDC) sets forth
procedures for Metro Plan diagram amendments; and
WHEREAS, SDC Subsection 5.14-120.B.1 states:
"The City Council may initiate a Type I or Type II Metro Plan amendment at anytime.
Consideration of this type of amendment shall begin immediately thereafter..."; and
WHEREAS, the Springfield Common Council adopted the amended RiverBend Master
Plan in June, 2006; and
WHEREAS, Condition #12 of the adopted RiverBend Master Plan approval states:
"The City Council hereby initiates the application of the Nodal Overlay Plan Designation
at the entirety of the McKenzie Gateway MDR Site as identified in the Gateway
Refinement Plan"; and
WHEREAS, the subject area is depicted as Potential Nodal Development Area 7B on the
adopted Eugene-Springfield Transportation System Plan (TransPlan); and
WHEREAS, timely and sufficient notice of the public hearing on this Ordinance has
been provided in accordance with SDC 5.2-115; and
WHEREAS, on April 21 st, 2009 the Planning Commission held a public hearing on the
plan amendment request. The Development Services Department staff notes including the
criteria of approval, findings and recommendations, together with the testimony and submittals
of the persons testifying at that hearing were considered and were part of the record of the
proceeding. After considering the record, the Planning Commission deliberated and voted 5 in
favor, 0 opposed, and 2 absent to forward a recommendation of approval to the Common
Council; and
WHEREAS, on May 18th, 2009 the Springfield Common Council conducted a public
hearing to receive testimony and hear comments on this proposal. The Common Council is now
ready to take action on this proposal based upon the above recommendations and the evidence
and testimony already in the record, as well as the evidence and testimony presented at this
public hearing held in the matter of adopting this Ordinance amending the Metro Plan diagram.
Ordi~ance No. 6241 - Page 2
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NOW, THEREFORE, the Common Council of the City of Springfield does ordain as
follows:
Section 1: The above findings are hereby adopted as findings in support of this
Ordinance.
Section 2: The Nodal Development Overlay Designation is hereby adopted and applied
to the subject properties within the McKenzie-Gateway MDR Site that are inside the current
Springfield city limits. The subject propelties are more particularly depicted and described in
Exhibit A attached hereto and incorporated herein by reference.
Section 3: Upon requests for annexation of remaining property in the McKenzie-
Gateway MDR site, the City Council shall consider initiating the Metro Plan amendment process
for nodal development on a site-specific basis consistent with RiverBend Master Plan Approval
Condition #12.
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 Section 2.110
of the Springfield Municipal Code 199(, this Ordinance shall become effective 30 days from the
date of its 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.
Adopted by the Common Council of the City of Springfield this ~ day of June,
2009 by a vote of -Lin favor and ~against.
Approved by the Mayor of the City of
ATTEST:
,,~
Ordinance No. 6241 - Page 3
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EXHIBIT A
NODAL DEVELOPMENT OVERLAY (NDO) IMPLEMENTATION AREA
l'W NDO Overlay District - Affected Area
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Ordinance NoL 6241 - Page 4
EXHIBIT A (Continued)
Affected Properties:
Map 17-03-22-00, Tax Lots 100, 200, 903, 904, 3401, 3402, 3403, 3500, 3600, 3700, 3800, 3900,
4000, 4101, 4102, 4200 & 4300
Map 17-03-14-00, Tax Lots 1801 & 1900
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