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HomeMy WebLinkAboutOrdinance APPLICANT 7/17/2007 il",-,. .- . . . . . ORDINANCE No. 6137 IN THE MATTER OF AMENDING THE EUGENE-SPRINGFIELD METROPOLITAN AREA GENERAL PLAN (METRO PLAN) DIAGRAM FOR PROPERTY IN THE GLENWOOD AREA, WITH CONCURRENT GLENWOOD REFINEMENT PLAN DIAGRAM, REFINEMENT PLAN TEXT AMENDMENTS, AND SPRINGFIELD DEVELOPMENT CODE AMENDMENTS, AND ADOPTING SAVINGS AND SEVERABILITY CLAUSES. WHEREAS, the Springfield City Council is committed to establishing policies and procedures to guide development in Glenwood in the area known as "Subarea 8: The River Opportunity Area", in the Glenwood Refinement Plan, excepting the parcels south of the railroad tracks, and as such, initiated the following Eugene-Springfield Metropolitan Area General Plan (Metro Plan) diagram and concurrent Glenwood Refinement Plan diagram amendment, Glenwood Refinement Plan Text amendment and Springfield Development Code amendment on September 20, 2004: Redesignate approximately 47.5 acres ofland from "Commercial! Industrial! Multi- Family Residential Mixed Use" to "Mixed Use! Nodal Development", amend the Glenwood Refinement Plan to add policies and procedures to guide development, and amend the Springfield Development Code to add "Article 44: Glenwood Riverrront (GR) Plan District", Jo. No. LRP 2004-00031, City of Springfield, applicant. WHEREAS, the combined application"conforms to the provisions of Section 3.050 of the Springfield Development Code for providing timely and sufficient notice of the public hearing, pursuant to Section 14.030 of the Springfield Development Code, as well as applicable provisions of Lane Code (LC) chapter 12; and WHEREAS, on April 19, 200S, public hearings on the Metro Plan diagram and concurrent Glenwood Refinement Plan diagram amendmen~ Glenwood Refinement Plan text amendments, and Springfield Development Code amendments were held. No persons testified in favor or against the proposed amendments. The Planning Commissions of Lane County and the City of Springfield held the written record open until April 29, 2005, in order to solicit more written testimony from interested parties. The Development Services staff notes, including criteria of approval, findings, and recommendations, together with the testimony and submittals of those persons testifying at the hearing or in writing, have been considered and are part of the record. In accordance with Chaoter IV Plan Amendments and Refinements of the Metro Plan, Policy 6, the Springfield Planning Commission forwarded a recommendation to the Springfield City Council to adopt the package of amendments on May 18, 2005. The Lane County Planning Commission forwarded a recommendation to the Board of Commissioners to adopt the amendments on June 7, 2005; and WHEREAS, Chapter IV Plan Amendments and Refinements of the Metro Plan, Policy 13 requires Metro Plan and refinement plan amendments to be referred to the other two jurisdictions for review and determination of Metro Plan consistency; and WHEREAS, The City of Eugene was provided a referral notice on March 17,2005. No response from the City of Eugene was received that indicated the proposed amendments have a Regional Impact; and '! ~. - ~ t . . . . . WHEREAS, the City of Springfield has an acknowledged Citizen Involvement Program with a process for securing citizen input on all long range planning projects, which has been followed since the project's beginning in fall of2000, and opportunities for citizen influence have been available at all stages during the development of the Glenwood Riverfront Plan and the proposed amendments. A group of property owners, business owners, and residents of Glenwood formed the Citizen Advisory Committee (CAC), which provided oversight to the project, and additionally, approximately II public open houses and workshops were offered throughout the project history to receive citizen input, in addition to a number of City Council and Planning Commission work sessions; and WHEREAS, Metro Plan Amendments and Refinements policy 3(b) supports the proposed amendments as a Type [] amendment; and WHEREAS, the requested Metro Plan diagram amendment, concurrent refinement plan diagram amendment, Glenwood Refinement Plan text amendments, and Springfield Development Code amendments, are consistent with the criteria of approval of Section 7.070 and the provisions of Section 7.110(4) of the Springfield Development Code. This general finding is supported by the specific findings of fact and conclusions in the staff report (Exhibit "E") attached hereto; and WHEREAS, the Springfield Development Code, Article 44, Glenwood Riverfront (GR) Plan District was developed to implement the Metro Plan and Glenwood Refinement Plan amendments for the area known as "Subarea 8"; and WHEREAS, the Board of Commissioners conducted a joint public hearing on this proposal on June 20, 2005, with the Springfield City Council, 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; and WHEREAS, the Metro Plan, LC chapter 12 and 10.600-15 requires Lane County participation in all refinement plan adoptions or amendments which affect land outside the city limits of Springfield; and WHEREAS, substantial evidence exists within the record demonstrating that the proposal meets the requirements of the Metro Plan, ofLC chapters 10 and 12, Springfield Development Code Article 7, and of applicable state and local law as described in Exhibit "E", attached, and which is adopted in support of this Ordinance. NOW, THEREFORE, the Common Council of the City of Springfield ordains as follows: Section I. The Metro Plan diagram is amended to change the current designation of approximately 47.5 acres ofland from "Commercial! Industrial! Multi-Family Residential Mixed Use" to "Mixed Use! Nodal Development," as identified and described on Exhibits "A" and "B" attached and incorporated here by this reference. Section 2. Concurrently and consistent with the provisions of Springfield Development Code Article 7, the Glenwood Refinement Plan diagram for the area known as Subarea 8: The River Opportunity Area in the Glenwood Refinement Plan, excepting the area south of the railroad tracks, is amended to change the current designation from "Commercial/ Industrial! Multi-Family Residential Mixed Use" to "Mixed Use/ Nodal Development," as identified and described on Exhibits "A" and "B" attached and incorporated here by 2 Ordinance No. 6137 , , . . . ,I . . this reference. The parcels south of the railroad tracks currently part of Subarea 8, will become part of Subarea 9 at the time of annexation request and subsequent Glen wood Refinement Plan Amendment. Section 3. The Glenwood Refinement Plan, Subarea 8: River Opportunity Area text is hereby amended by replacing the current pages with revised text as described in Exhibit "C" attached and incorporated here by this reference. Section 4. The Springfield Development Code is amended to add Article 44: GR Plan District, as described in Exhibit "D" attached and incorporated here by this reference. 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 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, provided that by that the Lane County Board of Commissioners have adopted ordinances containing identical provisions to those described in Sections 1,2,3, and 4 of this Ordinance. FURTHER, although not a part of this Ordinance, the Common Council of the City of Springfield adopts findings as set forth in the staff report, attached as Exhibit "E", in support of this action. The prior underlying Metro Plan designations replaced by this Ordinance remain in full force and effect to authorize prosecution of persons in violation thereof prior to the effective date of this Ordinance. If any section, subsection, sentence, clause, phrase or portion of this Ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and indepcndent provision, and such holding shall not effect the validity to the remaining portions hereof. Adopted by the Common Council of the City of Springfield this 18thdayof July 2005. ~~ City Record .....,. ~-:~ It b~:-"'t"::DV'7.D " ,-., 'I ."(.,r-1 ' ~-~ ~~'S \..............., -, "" -. I ~ I - '.' .::......1__.._._\.:;)_'"::>_ G0l-'!CE OF CITY ATTORNEY 3 Ordinance No. 6137