Item B: Parks, Recreation and Open Space Comprehensive Plan

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-. r\1.I\:l1.l;)~ U, .L;I~O' Agenda I tern #3' Page 4 of 9 point. The proposed golf course will not impact the river bank and the vegetative fringe should not be disturbed. (ii) Existing public access to and along the river either is not necessary or the. necessary access wilt be provided by appropriate legal means. Currently, no public access is provided to the river through the property. The development of the proposed use will. however, provide the public with visual access to the river in a recreational setting. While the TransPlan shows a bicycle path route along the river through the property. the Hearings OffiCial shall not require an easement to implement this 'plan. First, the property is .located outside of the urban growth boundary and the Willamette River Greenway Goal (Statewide Planning Goal #15) emphasizes access to urban and urbanizable areas. Further) the property is bounded on the north and south by long term aggregate extraction operations and the proposed bike path route cannot be connected with another bike path route within the foreseeable future. Second, there is no ev i dence in the record that there is a connection between the proposed golf course and the need for the bike path in this area. Indeed, the July 27th memo from Tom Stinchfield indicates that golf courses are not significant generators of bicycle traffic. Absent any significant relationship between the proposed use and the need for the bike path, a required easement dedication would very likely represent a. violation of the applicantls due process rights as a prohibite.d taking without compensation, (See Nollan v. California Coastal Comm1n, 483 US _, 107 S Ct 3141. 97 l Ed 2nd 677 (1987')). . (Hi)' Preserve and maintain land inventoried as uagriculture" in the adopted WHlamette River Greenway Plan for farm use, as provided for in Goal 3, and minimize interference with the long-term capacity of .lands for farm use. The property is .not designated "agriculture" by the Willamette River Greenway Plan but it is zoned E-30. The Metro Plan designates the property for sand. and gravel extraction and considers agriculture and open space as uses which are appropriate for sand and gravel resourCe protection. The open space nature of the proposed use wi 11 preserve the property for . either sand and gravel extraction or agricultural use. (iv) Protect, conserve or preserve significant scenic areas, viewpOints and vistas. . The proposed site has not been designated as a significant viewpoint or vista but it is listed on the Metro Planls scenic inventory because of its trees and view of the river. The applicant has removed a few trees for purposes of the design of the golf course. The proposed use will allow greater access to the remaining trees and th.e view of the river.