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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 />ODOT effectiveness and cost-effectiveness criteria in two locations and are recommended as <br />mitigation (see supplemental information, Figures 7-9). The final wall locations will be determined <br />after public input is completed as part of the NEP A process. <br /> <br />Additionally, as stated on page 13 of the written statement, the applicant proposes the following <br />general measures: <br />· Continue public involvement through design and construction <br />. limit work hours <br />. limit noise <br /> <br />Comments were received from the affected neighborhood association, the Harlow Neighborhood <br />Association, regarding the noise level in the residential area to the east of the bridge (the area of the <br />Willakenzie Area Plan) and that the Environmental Assessment does not fully address this issue <br />specifically about the noise level and the possibility of mitigation by the use of sound walls. As <br />discussed above, the applicant has identified potential sound wall locations, although it is notable <br />that according to Figures 7 and 8, no sound walls are identified in the formal Willakenzie Area Plan <br />or in the Harlow Neighborhood Association area (the closest is proposed on the east side of 1-5). <br />The sound walls, although not technically in the W AP at this time, in addition to the measures <br />outlined above demonstrate consistency with this policy. Therefore, in the context of a plan <br />amendment, these policies are satisfied with the findings above. Furthermore, the specific details of <br />the development regarding sound walls and other noise mitigation measures will be more aptly <br />addressed during the NEP A Environmental Assessment process and in the context of a more <br />specific site plan required as part of a subsequent permit process, rather than at the plan amendment <br />level. <br /> <br />Based on the information provided, and as reviewed in detail for compliance with federal noise <br />requirements under other federal processes, the proposal is consistent with these policies. <br /> <br />Neighborhood Design Element <br />Willamette Greenway <br /> <br />Use Management Standard <br />1. Provision that all new structures, expansion of existing structures, drives, parking areas, or <br />storage areas shall not be permitted within the first 35 feet backfrom the top of the <br />riverbank, unless the location of the floodway boundary requires a greater separation. <br />There are [three) four exceptions to this standard: <br />A. Structures designed solely for recreational use (i.g., a deck or steps leading to the <br />river) and driveways for boat landings and water-related or water-dependent uses <br />are permitted within the 35-foot setback. <br />B. Public improvements, including pedestrian and bicycle trails, public plazas, and <br />similar amenities, but excluding roads and parking areas, are exempt from the <br />setback requirements specified above. <br />C. Structures existing as of the date of adoption of this plan shall be allowed to rebuilt <br />at the same distance from the river that they were before destruction by fire, flood, or <br />other disaster. <br /> <br />Exhibit B - Findings <br />Page 5 <br />
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