Item B: Parks, Recreation and Open Space Comprehensive Plan

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t . August 8, 1988 Agenda Item #3 Page 7 of 9 (hh) Protection from erosion. No structural development is proposed and 1 andscaped open space repres~.nts an excellant way of minimizing erosion. (ii) Protection and conservation of lands designated as aggregate resources within the adopted Willamette Greenway Plan. The Metro Plan recognizes that agricultural usage and open sp~ce usage are an appropriate method of protecting and conserving lands designated as aggregate resources. Lane Code 16.254(4)(b) requires that new intensifications, developments and changes of use shall be set back 100 feet from the ordinary high waterline of the river, un'less they are water related or water dependent uses. Approximately 3.2 acres of the proposed golf course lies within the Greenway setback area. The appl icant argues that the proposed golf course should not be considered a llchange in useu and, failing that characterization, it should be considered a water dependant use. The 'Hearings Official will address each of these agruments seperately below. The Proposed Use Does Not Represent a Change of Use . Lane Code 16.254(2)(f) defines flchange of use" as a different use of the land which existed on December 5. 1975 and a change which requires alterations of the land, water or other areas which substantially alters or affects the land or water. This section, for instance. does not consider landscaping for an existing use as a change i.o Use. The applicant argues that the threshold for a change of use, for. the purposes of Code 16; 254, is a change in use which substantiaHy' alters or affects the land or water. Absent a substantial' alteration a different use does not become a Change in use. The applicant therefore argues that the proposed golf course does not substantially alter or affect the land or water because of the following: 1. No structures. buildings or parking areas are proposed for the setback area. .2. The proposed placement of a pump and irrigation intake pipe replaces a similar pump setup which was installed prior to 1975. 3. Grading and planting of turf represents a minor countouring and replanting with grass. The contouring will not impair the potential for the property to be returned to farm use, wi 11 have no adverse effect on scenic qualities and will not create any visual obstructions of the river. 4. The 'applicant must obtain a flood plain special use. permit to develop within a designated floodway. As a part .of this permit. the applicant must demonstrate that no substantial alteration 1s occuring which would affect flood levels.