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Ordinance No. 19383
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Ordinance No. 19383
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Last modified
6/10/2010 3:44:27 PM
Creation date
2/17/2009 1:03:11 PM
Metadata
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Template:
Council Ordinances
CMO_Document_Number
19383
Document_Title
An ordinance readopting Ordinance No. 19348; adopting supplemental findings in support thereof; and declaring an emergency.
Adopted_Date
4/28/1986
Approved Date
4/28/1986
CMO_Effective_Date
4/28/1986
Signer
Brian B. Obie
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After review of the available sites, the South Hiiis ar <br />Good asture Isl ea and <br />p and areas were selected for acquisition based on the <br />. South Hi11s Study and greenway acquisition oais, Those~ar <br />identified on Ma , 9 eas are <br />p 1 of that Working Paper which ~s attached to these <br />findings. <br />0. Land which was included on the Park and O en S ace o ' <br />i n entar ~ P P w rk~ n,g Paper <br />,_ v y was restricted to ex~stTng property owned by a general <br />purpose government and sand to be acquired by such governments <br />because of explicit adapted pal i cy direction. This ref 1 ects <br />that without the fact <br />control of property by a generai purpose gov.e.rnment <br />~generaiiy through purchase either from a wiilin sei <br />g ter or through <br />condemn~atian proceedings} local governments have no abilit <br />require ro ert be made Y to <br />P P Y available for park and recreation or open <br />.space purposes for the generai pubs i c. Preclusion of al 1 level o meat <br />by open space designation for rivate -~ P <br />p ly held land or land not held by <br />a generai purpose government may work to be an inverse condemnation <br />of the property. This policy about Goal 5 inventor ~ exclusi ' <br />reaffirmed. There have b Y on ~s <br />.een.no changes in adapted general policy <br />which necessitate re-exam~nat~on of the ~nventar criteria. <br />Y <br />P. The LCDC, through the acknowledgment rocess for the M ' <br />P etropol~tan <br />Plan, reviewed the working papers includin the inventor o <br />laced on th 9 Y f land <br />. P e park and open space inventory and other inventories of <br />Gvai 5 resources. These working papers. were art of the ack <br />P p age of <br />planning materials which received acknowled meet b LCDC in <br />1982. Goal 5 a ,g Y June, <br />cknowledgment was delayed unto] August, 1982 in order <br />to ~ camel ete Goal 5 analysi s and comply with .the administrative rule: <br />Q: .Through the inventories of variou <br />s resources, e.g., vegetation, <br />wets ands and open space, the DLCD and LCDC determined which ar <br />would require ESEE analysis. ~ eas <br />R. Seven areas in the metro olitan area ~' ~ ~~ <br />De P were ~dentif~ed by the <br />partment of Land Conservation and Development as re ui~r~in ESEE <br />conflict resolutions. Land i q g <br />w thin the R~verfront Park Special Area <br />.Study boundaries was not identified for ESEE anal si s as <br />acknowled meat Y part of the <br />g process under Goai 5. The seven areas required to <br />undergo ESEE analysis became part of the opens ace inventor fo <br />Eu ene-S ri n fie. P Y r the <br />9 p g ld metropolitan area. <br />S • No evidence was submitted as part .vf the on i nai ' <br />the R' ~ 9 hear7ng process on <br />~verfront Park Special Area Study which allowed the Council to <br />conclude that the factors used to determine when land should eith <br />be placed on the inventor of arks er <br />. Y p and open space ~e.g., ownership <br />. by a.general purpose government for ark ur oses <br />mode P P P } should be <br />feed. <br />T. The North Campus Plan adapted by the Universit <br />re re ~ Y of Oregon does not <br />p sent a change Tn factual circumstances relating to the decision <br />not to include the ~~subject site on the Goa] 5 o en s ace ar .sceni c <br />site i nventori es~.. The P P <br />subject site is still not owned by a general <br />purpose government. The North Campus Plan does not reflect an <br />change in the City of Eu ene ]and us y <br />9 e policy regarding Goal 5. 1t <br />has not been adopted as a land use tannin dacumen ' <br />Eu ene P 9 t by the City of <br />g or any general purpose government with land use plannin <br />9 <br />PAGE•~3 <br />
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