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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
Metadata
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Template:
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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Finding #86. Required NEPA review of this project will result in mitigation measures designed to <br />minimize the impact of the viaduct on riparian habitat and threatened and endangered fish <br />species in the river. <br />Finding #87. The South Bank Viaduct and riverfront path that will be enabled by the viaduct will <br />fulfill a longstanding community need. That need is reflected in long -range planning documents <br />for transportation and recreation (Glenwood Refinement Plan, Glenwood Riverfront Plan, <br />TransPlan, and the Willamalane Parks and Recreation Comprehensive Plan). <br />"(b) The use will not significantly reduce the sites available for water- dependent or water - related uses <br />within the jurisdiction;" <br />Finding #88. The topography of the riverbank prohibits most water - dependent and water related <br />uses. All of the land occupied by the viaduct is publically owned and is not proposed for water - <br />related or water - dependent development in any adopted land use documents. This project will <br />not significantly reduce the sites available for water - dependent, water related -uses. The <br />proposed viaduct structure will enable users to have better access to the river in the future <br />when the planned South Bank Path is built. <br />"(c) The use will provide a significant public benefit; and" <br />Finding #89. As demonstrated by it inclusion in a variety of comprehensive planning documents, <br />the South Bank Path and this portion of the path in particular will have a significant public <br />benefit. <br />"(d) The use is consistent with the Legislative findings and policy in ORS 390.314 and the Willamette <br />Greenway Plan approved by LCDC under ORS 390.322." <br />ORS 390.341 and ORS 390.322 are shown below (emphasis added). <br />"390.314 Legislative findings and policy. (1) The Legislative Assembly finds that, to protect and <br />preserve the natural, scenic and recreational qualities of lands along the Willamette River, to <br />preserve and restore historical sites, structures, facilities and objects on lands along the <br />Willamette River for public education and enjoyment and to further the state policy established <br />under ORS 390.010, it is in the public interest to develop and maintain a natural, scenic, <br />historical and recreational greenway upon lands along the Willamette River to be known as the <br />Willamette River Greenway. <br />(2) In providing for the development and maintenance of the Willamette River Greenway, the <br />Legislative Assembly: <br />(a) Recognizing the need for coordinated planning for such greenway, finds it necessary to <br />provide for development and implementation of a plan for such greenway through the <br />cooperative efforts of the state and units of local government. <br />(b) Recognizing the need of the people of this state for existing residential, commercial and <br />agricultural use of lands along the Willamette River, finds it necessary to permit the <br />continuation of existing uses of lands that are included within such greenway; but, for the <br />benefit of the people of this state, also to limit the intensification and change in the use of such <br />lands so that such uses shall remain, to the greatest possible degree, compatible with the <br />Attachment 1 -22 <br />
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