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Ordinance No. 20438
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2009 No. 20426-20449
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Ordinance No. 20438
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Last modified
4/2/2012 1:34:22 PM
Creation date
10/14/2009 9:26:41 AM
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Council Ordinances
CMO_Document_Number
20438
Document_Title
Ordinance On Southbank Bike Viaduct (Metro Plan Amendment)
Adopted_Date
10/12/2009
Approved Date
10/13/2009
CMO_Effective_Date
11/13/2009
Signer
Kitty Piercy
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(j) Goal 19 "Ocean Resources." <br />Compliance with 660 -004- 0015— Inclusion as Part of the Plan <br />OAR 660- 004 -0015 (1) states that "a local government approving a proposed exception shall adopt as <br />part of its comprehensive plan findings of fact and a statement of reasons which demonstrate that the <br />standards for an exception have been met. The applicable standards are those in Goal 2, Part II(c), OAR <br />660 - 004 - 0020(2), and 660- 004 -0022. The reasons and facts shall be supported by substantial evidence <br />that the standard has been met" <br />Finding #79. This proposal amends the Metro Plan text and takes an exception to allow the <br />construction of the South Bank Viaduct beneath the Willamette River 1 -5 Bridges. Approval of <br />the proposal will place language (see Attachment 1) into the Metro Plan providing for an <br />exception to Statewide Goal 15. The local ordinances adopting this proposal will require the <br />approving bodies to adopt the findings of fact and reasons for the text amendment and goal <br />exception. <br />Finding #80. Findings #81 through #93 address the "reasons" that are specific to a goal exception <br />for Statewide Planning Goal 15. These shall be adopted by reference as part of the staff report <br />and exhibit to the local ordinances adopted by the local approving bodies. <br />Compliance with OAR 660 - 004 - 0022 — Reasons Necessary to Justify and Exception under Goal 2 Part <br />I1(c) <br />OAR 660- 004 -0022 states that an exception can be taken for any use not allowed by the applicable <br />goal(s). The types of reasons that may or may not be used to justify certain types of uses not allowed on <br />resource lands are set forth in this section. Subsection (6) of OAR 660- 004 -0022 lists the reasons that <br />can be used to justify an exception to Statewide Planning Goal 15— Willamette River Greenway. <br />Subsection (6) states: <br />°(6) Willamette Greenway: Within an urban area designated on the approved Willamette <br />Greenway Boundary maps, the siting of uses which are neither water - dependent nor water - <br />related within the setback line required by Section C.3.k of the Goal may be approved where <br />reasons demonstrate the following: <br />(a) The use will not have a significant adverse effect on the greenway values of the site under <br />consideration or on adjacent land or water areas; <br />(b) The use will not significantly reduce the sites available for water - dependent or water - related <br />uses within the jurisdiction; <br />(c) The use will provide a significant public benefit; and <br />(d) The use is consistent with the Legislative findings and policy in ORS 390.314 and the <br />Willamette Greenway Plan approved by LCDC under ORS 390.322." <br />Attachment 1 -19 <br />
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