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HomeMy WebLinkAboutNotice CMO 3/7/2008 ORDINANCE NO 5261 AN ORDINANCE AMENDING ARTICLE 13, WILLAMETTE GREENWAY SUBDISTRICT AND ESTABLISHING A GREENWAY SETBACK LINE FOR A PORTION OF THE WILLAMETTE GREENWAY AND DECLARING AN n1ERGENCY THE CITY OF SPRINGFIELD DOES ORDAIN AS FOLLOWS: Sectlon 1 Sectlon 13 04 of Artlcle 13, Wlllamette Greenway, of the Comprehenslve Zonlng Code of the Clty of Sprlngfleld-1982, as amended, lS hereby amended to read as foll ows "13.04 SETBACK BOUNDARY A Greenway Setback Llne shall be establlshed to protect, malntaln, preserve and enhance the natural, scenlC, hlstorlc and recreatlonal qualltles of the Wlllamette Greenway Only water-dependent or water-related uses shall be permltted between the Wlllamette Rlver and the Greenway Setback Llne. The locatlon of the Setback Llne shall be determlned conslstent wlth the following standards derlved from Sectlon C.3 of the Wlllamette Rlver Greenway Goal #15. 1. Recreatlon -- Local, reglonal and state recreatlonal needs shall be provlded for conslstent wlth the carrYlng capaclty of the land; and the posslblllty that publlc recreatlon use mlght dlsturb adJacent property shall be cons1dered and m1nlmlzed to the greatest extent poss1ble. 2 Access -- Adequate publ1C access to the r1ver shall be prov1ded for, wlth emphasls on urban and urbanizable areas 3 F1Sh and w1ldl1fe habltat -- Slgnlflcant flSh and w1ldl1fe hab1tats shall be protected. ' 4 Scen1c quallt1es and Vlews -- Identlf1ed scenlC qual1tles and vlewpo1nts shall be preserved 5 Protectlon and safety -- The malntenance of publlC safety and protectlon of publlC and prlvate prooerty, especially from vandallsm and tresspass 1n both the rural and urban areas, shall be provlded for to the maXlmum extent practlcable 6. Vegetat1ve fr1nge -- The natural vegetat1ve frlnge along the rlver shall be enhanced and protected to the maX1mum extent practlcable 7 Aggregate Extractlon -- The locatlon of known aggregate depos1ts shall be cons1dered. 8. Development away from rlver -- Developments shall be dlrected away from the rlver to the greatest posslble degree, provlded, however, lands commltted to urban uses shall be perm1tted to cont1nue as urban uses, lncludlng port, 1ndustr1al, commerclal and res1dent1al uses, USes pertaln1ng to nav1gatlonal requlrements, water and land access needs and related facll1tles!' Sectlon 2' Sectlon 13 05 of Art1cle 13, W1llamette Greenway of the Comprehens1ve Zonlng Code of the C1ty of Sprlngf1eld-1982, as amended, 1S hereby amended to read as foll ows -z...'l-Oab Date Received' ../ Planner SH ORDINANCE NO "13 05 DEVELOPMENT STANDARDS In addltlon to the Condltlonal Use Standards llsted ln Sectlon 17 05 of thls Code, appllcatlons 1n thlS subd1strlct must also meet the appl1cable standards of Sect10n 13.04. Aggregate extractlon may be permltted outslde the Greenway Setback Area subJect to compllance wlth State law and local cond1tlons deslgned to m1nlm1ze adverse effects on water qual1ty, flSh and wlldl1fe, vegetat1on, bank stab1l1za1ton, stream flow, vlsual quallty, qUlet and safety, and to generate reclamatlOn " Sect10n 3 The Greenway Setback Llne for property located by Assessor's Map 17-03-35-33 Tax Lot 500 and currently referred to as the Borden Chemlcal property shall be establlshed as follows Beginnlng at a pOlnt 145 feet West of the West llne of South 2nd Street and 121 feet South of the Northeast corner of Lot "B" Amended Plat of W1llamette Helghts as platted and recorded 1n Book 4, Page 78, Lane County Plat Records, 1n Lane County, Oregon, thence North 17045' West 52 5 feet, thence North 160.0 feet; West 61.1 feet; North 23002' West 355 3 feet, thence North 17004' West 211.3 feet, thence North 14017' East 56 8 feet, thence North 15025' West 90.03 feet, thence North 49041' West 43.3 feet, thence North 18029' West 63.19 feet to a p01nt on the bank of the Mlllrace and 622 feet West of the West llne of South 2nd Street ln Sprlngf)eld, Lane County, Oregon Sectlon 4' It 1S hereby found and determlned that th1S ordlnance complles wlth the goals and pol1c1es of the Metropol1tan Area General Plan and Art1cle 13 of the Comprehens1ve Zon1ng Code-1982, as amended. LCDC Goal #15 does not apply because there are spec1f1c related pollcles conta1ned 1n the Metropol1tan Area General Plan and Artlcle 13 address1ng the amendment. The flndlngs attached here1n support the establ1shment of the Greenway Setback Llne at the proposed locatlon Sect10n 5 It 1S hereby found and determlned that matters concerning land uses w1thln the Wlllamette R1ver Greenway Setback Llne are matters 1nvolv1ng the health, safety and welfare of the Clty of Sprlngf1eld and the Clty Councll has therefore found and determlned that an emergency eX1sts and thlS Ordlnance shall therefore take effect lmmed1ately upon ltS passage by the Councll and approval by the Mayor ADOPTED thlS 4th day of September 1984, by a vote of 6 and o agalnst. ~~ n_~/;11'1 MAYOR ATTEST' ------- tt~ kl'l ~:.~/_.J({( CY- CITY RECORDER / ') Date ReceIVed Planner SH ~-l-O~