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HomeMy WebLinkAbout2014 03 04 AIS Greenway SetbackAGENDA ITEM SUMMARY Meeting Date: 3/4/2014 Meeting Type: Regular Meeting Staff Contact/Dept.: Mark Metzger/DPW Staff Phone No: 541-726-3775 Estimated Time: 30 Minutes S P R I N G F I E L D PLANNING COMMISSION Council Goals: Mandate ITEM TITLE: ESTABLISHMENT OF THE WILLAMETTE RIVER GREENWAY SETBACK LINE FOR PROPERTY IN GLENWOOD ACTION REQUESTED: No action required. Staff will discuss the City’s planning responsibilities under Statewide Planning Goal 15—Willamette River Greenway and the relationship of Greenway protections to other overlapping natural resource policies. The goal is to clarify the differences between the Greenway Boundary, Greenway Setback Line, and other setbacks established under other local, state and federal mandates. ISSUE STATEMENT: Wildish Land Company has submitted a request to establish the Willamette River Greenway Setback Line for property it owns in Glenwood. The application will come before a joint hearing of the Planning Commission and the Lane County Hearings Official on March 19th. Staff will not discuss the merits of the application, but will instead focus on the context of Greenway planning responsibilities and the overlapping river protections through the Federal Clean Water Act and the Springfield Natural Resources Study which is the City’s Goal 5 plan for protecting significant natural resource sites. ATTACHMENTS: 1. Standards for Establishing the Greenway Setback Line, SDC 3.3-325 DISCUSSION: When adopted in 1976, Statewide Planning Goal 15 required jurisdictions to establish the Willamette River Greenway Boundary “within which special Greenway considerations shall be taken into account.” The Greenway Boundary was to include “all lands situated within 150 feet from the ordinary low water line on each side of each channel of the Willamette River and such other lands along the Willamette River as the department and units of local government consider necessary for the development of such greenway” (ORS Chapter 390.318(1)). The Greenway Boundary in the Springfield area follows the 150-foot line mentioned above but also includes publically owned land such as Dorris Ranch, Clearwater Park and Island Park. Separate from the Greenway Boundary, Goal 15 states that “a setback line will be established to keep structures separated from the river in order to protect, maintain preserve and enhance the natural, scenic, historic and recreational qualities of the Willamette River Greenway…” Goal 15 indicates that the setback line does not apply to “water-related or water-dependent uses.” In 2004, a 75-foot development setback was established along the Willamette River as part of the City’s response to the Clean Water Act. In 2005, Springfield’s Goal 5 plan for protecting significant natural resources was adopted. That plan also identified a 75-foot development setback for the Willamette River. The Greenway Boundary, Greenway Setback Line and the development setbacks established under the Clean Water Act and Goal 5 will each be discussed with respect to their application to the pending Wildish application. Springfield Development Code—Standards for Establishing the Willamette River Greenway Setback Line 3.3-325 Greenway Setback A Greenway Setback Line is established to protect, maintain, preserve and enhance the natural, scenic, historic and recreational qualities of the Willamette Greenway. Only water-dependent or water-related uses are permitted between the Willamette River and the Greenway Setback Line. The Greenway Overlay District shall substitute temporarily as the Greenway Setback Line for all properties within this Overlay District that do not have an established Setback Line. Establishment of this Setback Line may occur with or without a request for development approval, but any request for development approval on land without an established Setback Line shall be accompanied by an application for establishment of the Greenway Setback Line. The location of the Greenway Setback Line shall be determined consistent with the following standards derived from Section C.3 of the Willamette River Greenway Goal 15: A. Local, regional and State recreational needs shall be provided for consistent with the carrying capacity of the land. The possibility that public recreation use might disturb adjacent property shall be considered and minimized to the greatest extent possible. B. Adequate public access to the river shall be provided. C. Significant fish and wildlife habitats shall be protected. D. Identified scenic qualities and view-points shall be preserved. E. The maintenance of public safety and protection of public and private property, especially from vandalism and trespass shall be provided for, to the maximum extent practicable. F. The natural vegetative fringe along the river shall be enhanced and protected to the maximum extent practicable. G. The location of known aggregate deposits shall be considered. Aggregate extraction may be permitted outside the Greenway Setback Area subject to compliance with State law, the underlying zoning district and conditions of approval designed to minimize adverse effects on water quality, fish and wildlife, vegetation, bank stabilization, stream flow, visual quality, quiet and safety and to guarantee reclamation. H. Developments shall be directed away from the river to the greatest possible degree; provided, however, lands committed to urban uses shall be permitted to continue as urban uses, including port, public, industrial, commercial and residential uses, uses pertaining to navigational requirements, water and land access needs and related facilities. Attachment 1, Page 1 of 1