Ordinance No. 20415 - Laserfiche WebLink

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Neighborhood Design Element - Natural Resource Area Protection 1. Significant wetland, riparian, water and upland sites in the Willakenzie area shall be protected from encroachment and degradation in order to retain their important functions related to fish and wildlife habitat, flood control, sedimentation and erosion control, water- quality control, and groundwater pollution control. As discussed under Metro Plan Policy E.2 (see Exhibit A), which is incorporated herein by reference, the applicant proposes several measures regarding site and vegetation restoration, site construction, site preparation and coordination with stake holders, to minimize impacts to the riparian area. Therefore, in the context of a plan amendment, this standard is met. Furthermore, as previously discussed, affected riparian areas and fish and wildlife habitat in the Willakenzie area will be further protected, and flood control managed, as the specific details of the development will be further addressed during local and state requirements, subject to applicable approval criteria and related standards (including Willamette Greenway permit, Water Resources Conservation Overlay, 75-foot riparian setback, FEMA no-rise certification, NEP A). Conclusion Based on the findings above, the applicant's proposed W AP text amendment is consistent with the remaining portions of the refinement plan. (2) The refinement plan amendment addresses one or more of the following: (a) An error in the publication of the refinement plan. (b) New inventory material which relates to a statewide planning goal. (c) New or amended community policies. (d) New or amended provisions in a federal law or regulation, state statute, state regulation, statewide planning goal, or state agency land use plan. (e) A change of circumstances in a substantial manner that was not anticipated at the time the refinement plan was adopted. The proposed amendments are not based on an error in the publication of the W AP, new inventory material relating to a statewide planning goal or new or amended state or federal laws, regulations, or policies; therefore EC 9.8424(2)(a), (b) and (d), above, are not applicable to this request. Regarding subsection (c), if it is found that subsection ( e) is not applicable as discussed below, it is arguable that the proposed refinement plan amendment constitutes a new or amended community policy under subsection (c) based on the proposed amendment to the Metro Plan to acknowledge this project. Regarding EC 9.8424(2)(e), the 1-5 Willamette Bridge Project constitutes a change in circumstances in a substantial manner that was not anticipated at the time the refinement plan was adopted, specifically with regard to the structural problems of the original 1-5 bridge and the need to bring the bridges (and thus the associated portions of the 1-5 facility) up to current state and federal safety and mobility requirements. Exhibit B - Findings Page 9