Ordinance No. 20438 - Laserfiche WebLink

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the structure. This exception satisfies the criteria of Oregon Administrative Rules (OAR) 660 -004 -0022 (6) Willamette Greenway and the exception requirements of OAR 660 - 004 -0020 Goal 2, Part It (c) for a 'reasons' exception. Pursuant to OAR 660- 004 -0015, this exception is hereby adopted as an amendment to the Metro Plan text Policy D. 11, Chapter Ill, Section D." Conclusion and Recommendation of Staff The proposed Metro Plan amendments and exception to Statewide Planning Goal 15 is required by Policy D.11 of Chapter III -D (Willamette River Greenway, River Corridors and Water Ways Element). The Staff Report accompanying this memorandum includes findings demonstrating conformance with the criteria for Metro Plan amendments found in Chapter 5, Section 5.14- 135(C) of the Springfield Development Code. The same criteria for approving a Metro Plan amendment are found in Eugene Code 9.7730(3) and Section 12.225(2) (a &b) of the Lane Code. The proposed amendments are also consistent with the approval criteria for a Goal 15 exception found in Oregon Administrative Rules (OAR) 660 - 004 -0022 (6) Willamette Greenway and the exception requirements of OAR 660- 004 -0020 Goal 2, Part 11 (c) for a 'reasons' exception, and pursuant to OAR 660- 004 -0015. Based on the findings of staff with respect to the criteria defined in Section 5.14- 135(C) of the Springfield Development Code and Eugene Code 9.7730(3) and Section 12.225(2) (a &b) of the Lane Code for approving a Metro Plan amendment and applicable sections of OAR 660 - 004 -0022 for approving an exception to Statewide Planning Goal 15; staff find the proposed text amendment to the Metro Plan and exception to Statewide Planning Goal 15 allowing the placement of fill for the purpose of constructing the South Bank Viaduct beneath the Willamette River 1 -5 Bridges, to be consistent with these criteria and recommend approval of the amendment. II. Procedural Requirements Procedural requirements for Metro Plan amendments are described in Chapter IV. The amendment procedures are reflected in each jurisdiction's local land use codes. Sections 5.2 -115, 5.4 -135 and 5.4- 140 of the Springfield Development Code, and sections 9.7700 through 9.7750 of the Eugene Code, contain the amendment procedures and policies found in Chapter IV of the Metro Plan. This proposal includes the taking of an exception to Statewide Planning Goal 15 (Willamette Greenway) since the proposed bicycle viaduct may require some fill to be placed or removed during its construction. OAR 660 - 004 -0022 provides additional direction in the processing of a Willamette Greenway Goal exception. The following findings are made regarding procedural matters related to this proposal. Findings: Finding #1. Section 5.14 -115 of the Springfield Development Code (SDC) and Eugene Code (EC) 9.7700, includes definitions of two types of amendments to the Metro Plan. Section 5.14 -115 (B.) and EC 9.7700(1) describes a Type I amendment as one which includes changes to the urban growth boundary or the jurisdictional boundary of the plan, requires a goal exception not related to a UGB expansion, or is a non -site specific amendment of the Plan text. This proposal is a text amendment to the Metro Plan which includes an exception to Statewide Planning Goal 15 (Willamette Greenway). By the definition found in Section 5.14 -115 and EC 9.7700(1), this proposal is a Type I amendment. Attachment 1 -3