Ord 2396 - Interpretation 05-01
COUNCIL BILL NO. 2611
ORDINANCE NO. 2396
AN ORDINANCE ISSUING FORMAL INTERPRETATION 05-01 REGARDING ORDINANCE
2227 AND DECLARING AN EMERGENCY.
WHEREAS, Telecare Mental Health Services of Oregon, Inc. and Erik Berkey
("the co-applicants") applied for Formal Interpretation 05-01; and
WHEREAS, the co-applicants have requested an interpretation by the City
Council permitting the operation of a secure residential care facility to provide
mental health treatment to adults under the jurisdiction of the State of Oregon; and
WHEREAS, the proposed secure residential care facility would be in an
existing building located at 1605 E. Lincoln Road, Woodburn, Oregon ("the subject
property"); and
WHEREAS, in order to make this interpretation, the City Council must evaluate
and interpret Ordinance 2227, a prior land use action that granted a conditional
zone change on the subject property; and
WHEREAS, the City Council conducted a public hearing on January 23,2006
and considered public testimony, staff reports and written information; NOW,
THEREFORE,
THE CITY OF WOODBURN ORDAINS AS FOLLOWS:
Section 1. The City Council finds that it is necessary to interpret the terms and
meaning of its own enactment, Ordinance 2227 (attached hereto as Attachment
"A"). This constitutes a "local government interpretation" under ORS 197.829, Gage
v. City of Portland, 319 Or 308 (1994) and Clark v. Jackson County, 313 Or 508
(1992) .
Section 2. The City Council finds and concludes, based upon its
interpretation and the facts presented, that the co-applicants' proposed use of the
subject property is a similar use to the permissible use of "elderly group care
facility" specified in Ordinance 2227 and that the proposed use is, therefore,
allowed by the previously enacted conditional zone change.
Section 3. The City Council's interpretation is based upon the Findings and
Conclusions contained in Attachment "B," which is affixed hereto and by this
reference incorporated herein.
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Section 4. This ordinance being necessary for the immediate preservation of
the public peace, health and safety because this is a land use ordinance affecting
a site specific development, an emergency is declared to exist and this ordinance
shall take effect immediately upon passage by the Council and approval by the
Mayor.
Passed by the Council
Submitted to the Mayor
Approved by the Mayor
City Attorney
Approved as to form:
February 13. 2006
February 15, 2006
February 15, 2006
Filed in the Office of the Recorder
February 15, 2006
ATTEST: fYl~-r~
~nant City Recorder
City of Woodburn, Oregon
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