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HomeMy WebLinkAboutOrdinance 6086 05/03/2004 ::i r . '4 . . . ORDINANCE NO. 6086 AN ORDINANCE ADOPTING CRITERIA FOR DETERMINING SIGNIFICANT GOAL 5 RIPARIAN OR WILDLIFE HABITAT SITES OUTSIDE THE SPRINGFIELD CITY LIMITS AND WITHIN THE SPRINGFIELD URBAN GROWTH BOUNDARY; ADOPTING AN UPDATED GOAL 5 INVENTORY FOR RESOURCE SITES OUTSIDE THE SPRINGFIELD CITY LIMITS AND WITHIN THE SPRINGFIELD URBAN GROWTH BOUNDARY; 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 Program; 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 1,2002 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 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, 200 I 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 arid that the "safe harbor" provision of OAR 660- 023-0110(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 Page 1 of3 .> . Whereas, substantial evidence in the record exists demonstrating that the proposal meets the requirements of the Metro Plan, of the Springfield 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 detennining 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 of7 tiles) entitled Springfield Inventory of Natural Resource Sites outside the city limits and inside the Urban Growth Boundary of the City of Springfield are 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 outside the city limits and within the Urban Growth Boundary 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. . Page 2 of3 ....,. , '---. . . . ADOPTED by the Comm~n Council of the City of Springfield this 3rd day of May, 2004 by a vote of.5..- for and ..D...c against. , \ APPROVED by the Mayor of the City of Springfield this 3rd day ofMa~70 4. Attest: ~~ City Re der Page 3 of3 .