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Ordinance No. 20415
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2008 No. 20401-20425
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Ordinance No. 20415
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Last modified
6/10/2010 3:50:41 PM
Creation date
8/11/2008 12:54:47 PM
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Council Ordinances
CMO_Document_Number
20415
Document_Title
Amending Willakenzie Area Plan Text in the Willamette Greenway Section; Adopting an Exception to Statewide Planning Goal 15 Willamette River Greenway; and Adopting a Severability Clause
Adopted_Date
7/28/2008
Approved Date
7/31/2008
CMO_Effective_Date
8/31/2008
Signer
Kitty Piercy
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<br />OAR 660-004-0020 Goal 2, Part II(c), Exception Requirements <br /> <br />(1) If a jurisdiction determines there are reasons consistent with OAR 660-004-0022 to use <br />resource lands for uses not allowed by the applicable Goal or to allow public facilities or <br />services not allowed by the applicable Goal, the justification shall be set forth in the <br />comprehensive plan as an exception. <br /> <br />The reasons consistent with OAR 660-004-0022(6) are set forth above to allow the construction of <br />the 1-5 Willamette River and Canoe Canal replacement bridges and the removal of the <br />decommissioned bridge, existing Canoe Canal bridge, and temporary detour bridge, including the <br />placement of fill needed for the new bridges or for temporary work bridges required to construct the <br />new bridges or remove the decommissioned or detour bridges. The justifications are set forth in the <br />comprehensive plan as an exception consistent with this rule. <br /> <br />(2) The four factors in Goal 2 Part II(c) required to be addressed when taking an exception <br />to a Goal are: <br /> <br />(a) "Reasons justifY why the state policy embodied in the applicable goals should not <br />apply": The exception shall set forth the facts and assumptions used as the basis for <br />determining that a state policy embodied in a goal should not apply to specific <br />properties or situations, including the amount of land for the use being planned and <br />why the use requires a location on resource land; <br /> <br />The reasons justifying why the replacement bridges should be permitted within the greenway <br />setback area, and why associated fill should be permitted, are those addressed above in the analysis <br />demonstrating compliance with the criteria in OAR 660-004-0022(6). An exception to the Statewide <br />Planning Goal 15 is necessary to allow additional fill to be placed in the greenway per Metro Plan <br />Policy D.ll. Here, approximately 30,000 cubic yards of fill will be placed within ODOT's existing <br />1-5 right-of-way, while approximately 61,000 cubic yards offill will be removed, resulting in a net <br />decrease of3l,000 cubic yards offill in the Willamette River. <br /> <br />Except for a few acres of park land needed temporarily for staging construction, all development <br />will occur within ODOT's existing 1-5 right-of-way, which is not resource land. The bridges require <br />a location over the Willamette River greenway because 1-5 already exists both north and south of <br />the Willamette River and the highway cannot practicably be relocated to avoid crossing the river. <br /> <br />(b) "Areas which do not require a new exception cannot reasonably <br />accommodate the use": <br /> <br />(A) The exception shall indicate on a map or otherwise describe the location <br />of possible alternative areas considered for the use, which do not require a <br />new exception. The area for which the exception is taken shall be identified; <br /> <br />(B) To show why the particular site is justified, it is necessary to discuss why <br />other areas which do not require a new exception cannot reasonably <br />accommodate the proposed use. Economic factors can be considered along <br /> <br />Exhibit A - Findings <br />Page 10 <br />
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