HomeMy WebLinkAboutOrdinance 6085 05/03/2004
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ORDINANCE NO. 6085
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AN ORDINANCE ADOPTING CRITERIA FOR DETERMINING SIGNIFICANT
GOAL 5 RIPARIAN OR WILDLIFE HABITAT SITES WITHIN THE SPRINGFIELD
CITY LIMITS; ADOPTING AN UPDATED GOAL 5 INVENTORY WITHIN THE
SPRINGFIELD CITY LIMITS; AND ADOPTING A SEVERABILITY CLAUSE.
Whereas; in December 1994 the cities of Springfield and Eugene and Lane County
adopted the Eugene-Springfield Metropolitan Area General Plan Periodic Review Work
Progratn; and
Whereas, on May 25, 1995 the Department of Land Conservation and Development
approved the Eugene-Springfield Metropolitan Area General Plan Periodic Review Work
Program, which was revised on July I, 2002 by DLCD under Periodic Review Order No.
1416, and which includes Task 7 bringing the Eugene Springfield Metro Area into
compliance with Statewide Planning Goal 5 and its administrative rules; and
Whereas, the Springfield Inventory of Natural Resource Sites (Inventory) is an element of
Periodic Review Task 7, developed in compliance with the procedures and requirements of
OAR 660-023, and includes significance criteria and an inventory of significant riparian
corridors and upland wildlife habitat implementing the criteria within the Springfield City
Limits; and
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Whereas, OAR 660-023-0020 allows cities discretion to choose between the "standard
process" or "safe harbor" provisions in completing an inventory and program of protection
for their resource sites; and
Whereas, the Springfield Planning Commission held Public Comment Sessions on March
6 and May 8, 2001 where citizens expressed their views on the Inventory and the
additional significance criteria from which the inventory was derived; and conducted a
public hearing on April 15, 2003 and additional meetings for deliberation on April 15, May
6, and September 16, 2003; and voted 5-0 to recommend that the Springfield City Council
approve the significance additional criteria and the Springfield Inventory of Natural .
Resource Sites (Inventory); and
Whereas, the Springfield Planning Commission further recommended that the "standard
process" described in OAR 660-023 be used to complete the Goal 5 planning process for
riparian corridor sites in the Inventory and that the "safe harbor" provision of OAR 660-
023-011 0(4) be applied to upland wildlife habitat sites; and
Whereas, the Springfield City Council conducted a public hearing on this ordinance April
5,2004, and based on the evidence and testimony in the record and the evidence and
testimony presented at the public hearing; and
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Whereas, substantial evidence in the record exists demonstrating that the proposal meets
the requirements ofthe Metro Plan, oftheSpringfield Development Code and of
applicable state and local law as described in Exhibit C (Staff Report), which is adopted in
support of and as part of this Ordinance.
NOW, THEREFORE, THE CITY OF SPRINGFIELD, ORDAINS AS FOLLOWS:
Section 1: The criteria attached as Exhibit A are hereby adopted as the City's additional
criteria for determining the significance of riparian corridor sites as provided in OAR 660-
023-0030(4)(c). The criteria for detennining the significance of upland wildlife habitat are
the safe harbor criteria found in OAR 660-023-0110(4).
Section 2: The list and map (which consists of6 tiles) entitled Springfield Inventory of
Natural Resource Sites within the Springfield City Limits attached as Exhibit B are hereby
adopted as part of the inventory of significant Goal 5 resources for those areas
listed/depicted thereon that, as of the date this Ordinance are located within the city limits
of the City of Springfield.
Section 3: In addition to the portions of the list and map referred to in Section 2, the
inventory of significant Goal 5 resources for the Springfield city limits shall include, and
be limited to, the resources sites shown for that area on the following documents: the April
12, 1978 Sand and Gravel Working Paper; the April 12, 1978 Scenic Sites Working Paper;
the April 12, 1978 Willamette River Greenway Working Paper; the April 12, 1978
Archeological Sites Working Paper; the 1998 Springfield Local Wetland Inventory; the
Washburne Historic Landmark District; the Historic Landmark Inventory; and the 1992
Gateway Historic Resources Survey.
Section 4: Although not part of this Ordinance, the Springfield City Council adopts the
findings set forth in the Staff Report attached as Exhibit C which demonstrates
conformance of this Ordinance to applicable State statutes and applicable Statewide
Planning Goals and Administrative Rules;
Section 5: If any section, subsection, sentence, clause, phrase or portion of the 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 portion thereof.
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ADOPTED by the Common Council of the City of Springfield this 3rd day of May, 2004
by a vote of -.2 for and ~ against.
APPROVED by the Mayor of the City of Springfield this 3rd day ofMay,~2004.
Attest:
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City Reco er
REVIEWED & APPROVED
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