Item B: Ordinance Concerning Goal 5 Natural Resources Study

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Four other questions submitted by Councilor Kelly by email were responded to via an email to the Mayor and Council on October 17, 200S. 2. Testimony Regarding Protection of Upland Sites in the South Hills Fifteen individuals submitted testimony regarding protection of upland areas primarily outside the current Goal S inventory. Several supported a moratorium on development; others supported inventorying habitat in these upland areas. This includes testimony from Brady, Fodor, Dotson, GlantzJDashnaw, Halferty, Hunter, Jeffrey/Pierce, Kelly, Leonard, Montenegro, Olsen, Streisinger, Twombley, Van Amerongen and Warnes. Staff response: This testimony primarily refers to areas that are not on the current Goal S inventory. The Council has directed staff to pursue additional study of upland habitats in the South Hills subsequent to completion of the current Period Review GoalS Work Program. On September 26, 200S, the Council voted against a motion to apply a moratorium on development within certain GoalS sites. No change recommended. 3. Comments Related to the Availability of Buildable Lands Testimony was submitted by Bruhoff, Connolly, Cuellar, Gansen, Hittenberger/Welsh and Weber that expressed concern about the availability of buildable residential land and expressing support for the Council to take action to address this shortage. Testimony submitted by Cuellar included information relating to the current availability of buildable residential land. Staff response: This testimony does not specifically address the Planning Commission recommendations for the Goal S Natural Resources Project. Council has the authority to direct staff to pursue an updated residential buildable lands inventory prior to the next Periodic Review process, but that would be outside of the Goal S process, and would not affect the current Goal S recommendations. No change is recommended. 4. Testimony Regarding Site E 81 Several owners of property within riparian site E81 submitted testimony in opposition to the Planning Commission recommendation of a 40' setback for this site near Lorane Highway in the South Hills. Testimony submitted by Bonds, Chappa, Miller, Tredway, and Verrijt/Wild addressed this site, and included the following key points or assertions: A. States that Site E81 is already protected by an existing 30' easement. B. Compares the 40 foot setback on this small stream to the 100' setback on the Willamette River, asserting that 40' is too large a setback for a stream of this size and proposes a 20-foot setback for this site, rather than the proposed 40 feet. C. States that the proposed regulations will prevent owners from taking responsibility for the condition of the protected area D. States that the proposed 40-foot setback includes existing carport and portions of existing house, and portions of adjacent homes E. States that the proposed regulations will have an impact on property values F. States that staff led owners to believe that a 20 foot setback would be applied to E81 G. States that the site was dynamited and straightened in order to install the sewer line; that the setbacks are excessive for this site of "low significance."