Ordinance No. 20414 - Laserfiche WebLink

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OAR 660-004-0020 Goal 2, Part II(c), Exception Requirements (1) If a jurisdiction determines there are reasons consistent with OAR 660-004-0022 to use resource lands for uses not allowed by the applicable Goal or to allow public facilities or services not allowed by the applicable Goal, the justification shall be set forth in the comprehensive plan as an exception. The reasons consistent with OAR 660-004-0022(6) are set forth above to allow the construction of the 1-5 Willamette River and Canoe Canal replacement bridges and the removal of the decommissioned bridge, existing Canoe Canal bridge, and temporary detour bridge, including the placement of fill needed for the new bridges or for temporary work bridges required to construct the new bridges or remove the decommissioned or detour bridges. The justifications are set forth in the comprehensive plan as an exception consistent with this rule. (2) The four factors in Goal 2 Part II(c) required to be addressed when taking an exception to a Goal are: (a) "Reasons justify why the state policy embodied in the applicable goals should not apply": The exception shall set forth the facts and assumptions used as the basis for determining that a state policy embodied in a goal should not apply to specific properties or situations, including the amount of land for the use being planned and why the use requires a location on resource land; The reasons justifying why the replacement bridges should be permitted within the greenway setback area, and why associated fill should be permitted, are those addressed above in the analysis demonstrating compliance with the criteria in OAR 660-004-0022(6). An exception to the Statewide Planning Goal 15 is necessary to allow additional fill to be placed in the greenway per Metro Plan Policy D.ll. Here, approximately 30,000 cubic yards of fill will be placed within ODOT's existing 1-5 right-of-way, while approximately 61,000 cubic yards offill will be removed, resulting in a net decrease of 31 ,000 cubic yards of fill in the Willamette River. Except for a few acres of park land needed temporarily for staging construction, all development will occur within ODOT's existing 1-5 right-of-way, which is not resource land. The bridges require a location over the Willamette River greenway because 1-5 already exists both north and south of the Willamette River and the highway cannot practicably be relocated to avoid crossing the river. (b) "Areas which do not require a new exception cannot reasonably accommodate the use": (A) The exception shall indicate on a map or otherwise describe the location of possible alternative areas considered for the use, which do not require a new exception. The area for which the exception is taken shall be identified; (B) To show why the particular site is justified, it is necessary to discuss why other areas which do not require a new exception cannot reasonably accommodate the proposed use. Economic factors can be considered along Exhibit A - Findings Page 10