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From:
To:
Date:
Subject:
L1MBIRD Andrew <alimbird@ci.springfield.or.us>
"LEAHY Joe (HL)" <jjl@emeraldlaw.com>
5/5/20099:12:17 AM
FW: Draft Ordinance - Riverbend Nodal Implementation
Joe: I have made some of the textual changes to the draft Ordinance requested by Q,reg (see below), but
I haven't resolved the Designation vs. District question.
The subject properties are currently zoned.Medica! Services, Mixed Use Commercial" and Medium
Density Residential. In accordance with the adopted Gateway Refinement Plan, the properties are
designated Community Commercial, Mixed Use and Medium Den'sity Residential.
Please review and provide any editorial comments. Thanks
Andy
From: MOTT Gregory
Sent: Monday, May 04, 2009 5:16 PM
To: L1MBIRD Andrew
Subject: RE: Draft Ordinance. Riverbend Nodal Implementation
Andy,
11
The title says this is an overlay district change to the Metro Plan diagram; the Metro Plan diagram has
"designations," not districts. The Whereas that includes Condition #12 says "designation;" Section 2 says
"district;" Section 5, delete everything after "whichever is later;" the county is not involved in the adoption
of this ordinance.
I think the answer to the district-designation issue is that the zoning we're applying is an overlay distriCt,
but the comp plan diagram amendment is a designation change. Maybe the ordinance should say
amending the Metro Plan diagram to apply Nodal Overlay Designation and rezoning the property by
applying the Nodal Overlay District. Ask Joe.
gmott
From: L1MBIRD Andrew
Sent: Monday, May 04, 2009 5:00 PM
To: MOTT Gregory
Subject: Draft Ordinance - Riverbend Nodal Implementation
Greg: Please review and I'll forward the edited draft to Joe Leahy's office. Thanks ,;
Andy
,
~~
cc:
MOTT Gregory <gmott@ci.springfield.oLus>
"
Date Received:
P/anner:AL
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ORDINANCE NO.
(General)
AN ORDINANCE AMENDING THE EUGENE-SPRINGFIELD METR
AREA GENERAL PLAN (METRO PLAN) DIAGRAM BY ~ G A NODAL
DEVELOPMENT OVERLAY DESIGNATION FOR APPROXIMATELY 168 ACRES OF
LAND WITHIN THE MCKENZIE-GA TEW A Y 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 lor Type II Metro Plan amendmentiat anytime~
Consideration of this type of amendment shall begin immediately thereajilir~.."; and
WHEREAS, the Springfield Common Council adopted the amended Riv~rBend Master
Plan in June, 2006; and I
WHEREAS, Condition #12 of the adopted RiverBend Master Plan approyal 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 EugenecSpringfield Transportation System Plan (TransPlan); and....._O, ".,>r-€
. '",\':> ' {U\~V'
WHEREAS, timely and sufficient notice of the public hearin~as been p~ovided in
accordance with SDC 5.2-115; and
WHEREAS, on April 21 ", 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,. the Planning Commission deliberated and voted 5 in favor, 0 opposed, and 2 absent
to forward recommendation of approval to the COI]1mon Council; and ".
(.\-+..h?.... c.U~...\~.....l~ ~ tE'C:("'''~ .
WHEREAS, on May 18ili, 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 ~Ian diagram.
Date Received: :,)/~.9
Planner: AL
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NOW, THEREFORE,!common Council of the City of Springfield does ordain as
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Section 1: The above findings are hereby adopted as findings in support of this
Ordinance. . >.e~ \
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f-' /1-'.
Section 2: The Nodal Development Overlay Designation is hereby/applied to the subject
properties within the McKenzie-Gateway MDR Site that are inside the current Springfield city
limits. The subject properties 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 P,lan Approval
Condition # 12.
Section 4: If any section, subsection, sentence, clause, phrase or portion o'fthis
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 1hereof. I
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 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
2009 by a vote of _in favor and _against.
Approved by the Mayor of the City of Springfield this _day of _,,2009
Mayor
ATTEST:
City Recorder
'I
Date t'<eceived: S/"/~~f
Planner: AL '
J
'\.4
ORDINANCE NO.
(General)
AN ORDINANCE AMENDING THE EUGENE-SPRINGFIELD METROPOLITAN
AREA GENERAL PLAN (METRO PLAN) DIAGRAM BY ADOPTING A NODAL
DEVELOPMENT OVERLAY DESIGNATION FOR APPROXIMATEI:;Y 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.I 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 s', 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 18'\ 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.
Date, 'Racei\!ed:2h/~'
Planner: AL
'""
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 properties 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 1997, 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
2009 by a vote of in favor and against.
day of
Approved by the Mayor of the City of Springfield this
day of
,2009
Mayor
ATTEST:
City Recorder
REVIEWED & APPROVED
A~ TO FORM
~O"GJ\~"",:) \"iI"\"""
DATE:..s) 1\ \ e.<\
LEGAL COUNSEL
Datl':1 Received:-5I/,!-"",
I r- .
Planner: AL