Item B: Ordinance Concerning Goal 5 Natural Resources Study

Home Browse Search

these impervious areas (that are currently landscaped) adjacent to the resource. Therefore, as these lots contain non-exempt areas, the application of the WR overlay is appropriate. It appears that any conservation area on Lot 1500 would extend solely into areas of existing development that would be exempt, given that the entire area is paved parking, and that it is separated from the wetland by the 2 other parcels (Lots 1100 and 1200). Therefore, application of the WR overlay to this lot would not accomplish any resource conservation objectives. It is recommended that Lots 1100 and 1200 receive the WR overlay as recommended by the Planning Commission. Lot 1500 was removed from the list in Exhibit D by the Planning Commission and is not proposed to receive the /WR overlay zone. No change recommended. 6.12 O'Dea, Kim/Law Office Bill Kloos (for Resthaven Cemetery). The cemetery property contains two Goal 5 stream corridors (E37D, E37E-3, E86H, South Hills and Braeburn Riparian). States that because these two sites are both subject to a prior-approved Conditional Use Permit for Resthaven Cemetery they are "effectively developed" and, therefore, should not be subject to the /WR overlay. Staff response: The southwest Goal 5 stream corridor on the Resthaven parcel is an integral part of the Braeburn Riparian corridor, which extends from the ridge line down to Willamette Street. During the ESEE analysis, this corridor was determined to be a relatively high quality site, and is recommended for a 40-foot setback. The second stream, located approximately in the middle of the parcel, was determined to be a medium-high quality site, and is recommended for a 20-foot setback. Neither of these sites is currently developed. Based on the ESEE analysis and conclusions, staff and the Planning Commission have concluded that these sites do warrant protection under Goal 5 and that the value of conflicting uses does not outweigh the importance of applying the /WR overlay. Notwithstanding the value of these corridors, the approval of a Conditional Use Permit for Resthaven Cemetery (CU 02-4) granted certain development rights on this parcel. Although the testimony states that staff and the Planning Commission failed to recognize the prior conditional use approval, the Planning Commission included provisions to address prior land use approvals to address just this type of situation. Under the proposed ordinance (9.4930(5) Exceptions), activities authorized in a Conditional Use Permit approved prior to the date of adoption for the Goal 5 regulations would be exempt. This exemption would apply to the Resthaven Cemetery parcel. See Section 6.9 above for further discussion on the issue of vesting of prior land use applications. No change is recommended. 6.13 Reynolds, Nathan. Asks how /WR overlay zone would affect access to site. Response: In reviewing this lot, staff determined that minor corrections to the mapping of wetlands was needed on this lot and on several adjacent lots due to inaccurate registration of the wetland boundary in relation to the affected water features in the city's 2004 color orthophotos. Staff has corrected the map so that the wetland boundary is properly registered to the features on the 2004 orthophotos. 6.14 Schutz, Mark. States that 30% of his property is subject to /WR conservation area, that setbacks encroach on existing buildings and yard areas, that the proposed regulations will likely decrease the property value and that he is concerned about whether retaining wall systems needed to protect his home will be allowed. Response: According to city GIS mapping, the proposed conservation area would occupy 0.38 acre out of the total lot area of 1.55 acres, or slightly less 25%. Under the Planning Commission