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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 />The W AP encompasses an area north of the Willamette River and east of 1-5 that would be affected <br />by the 1-5 Willamette Bridge Project. As relevant to the bridge project, the W AP sets out "use <br />management standards" that it deems consistent with Goal 15 and that "shall apply to development <br />within the greenway in the Willakenzie area." The use standards within the W AP are explicitly <br />incorporated in the Eugene Code's approval criteria for Willamette greenway permits. <br /> <br />The following use management standard is relevant to this application. The applicant indicates that <br />it is of particular concern to ODOT because, in its current form, it does not appear to permit the <br />project to go forward: <br /> <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 jloodway boundary requires a greater separation. <br />There are three exceptions to this standard: <br />A. Structures designed solely for recreational use... <br />B. Public improvements, including pedestrian and bicycle trails, public plazas, and <br />similar amenities, but excluding roads and parking areas, are exemptfrom 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 />As previously discussed in detail under this W AP use management standard above, \vhich is <br />incorporated herein by reference, the 1-5 Willamette River Bridge was an existing structure at the <br />time this standard was adopted and it is likely that the structural deficiencies in the bridge were <br />unknown and the need to replace the 1-5 bridge was unanticipated. <br /> <br />Because the 1-5 replacement bridges (A) are not designed solely for recreational use; (B) would be <br />elements of an interstate highway; and (C) are not being rebuilt due to a fire, flood or other disaster, <br />this use management standard requires amending. Accordingly, ODOT proposes that the standard <br />be amended to read as follows on page 155 of the Willamette Greenway Section in the Willakenzie <br />Area Plan Neighborhood Design Element, with bold indicating new text: <br /> <br />D. Replacement or expansion of the 1-5 Willamette River Bridge and its <br />approaches. <br /> <br />As found under Statewide Planning Goal 2 (see Exhibit A), which is incorporated herein by <br />reference, an exception to Goal 15 is warranted in accordance with Metro Plan Policy D.ll for the <br />1-5 Willamette Bridge Project in order to address the structural deficiencies of the tenlporary bridge. <br />The proposed amendment to the W AP allows the Goal 15 exception warranted under Goal 2 to be <br />implemented. Given this change in circumstance, the proposed refinement plan text amendment is <br />warranted. <br /> <br />Recommendation <br />Refinement Plan Amendment Conclusion: Based on the available information and materials in <br /> <br />Exhibit B - Findings <br />Page 10 <br />
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