HomeMy WebLinkAboutOrdinance No. 19422ORDINANCE N0. 19422
AN ORDINANCE CONCERNING THE WILLAMETTE GREENWAY; AND
AMENDING SECTION 9.26Q OF THE EUGENE CODE, 1971.
THE CITY OF EUGENE DOES ORDAIN AS FOLLOWS:
Section 1. Section 9.260 of the Eugene Code, 1971, is amended to read
and provide:
9.26o Willamette Greenway.
~1} The development of land within the corporate limits of the
city and the boundaries of the Willamette River Greenway shall be accom~
plished in accordance with Planned Unit Development Regulations ~9.5Q$ -
9.52Q} or Conditional Use Procedures ~9.fi 96 - 9.722},
~2} Fi ndi nos . Planned Unit Development or Candi ti oval Use Perini t
approval may be granted only if the proposal conforms to all the following
criteria:
~a} To the greatest degree passible, the intensification,
change of use, or development will provide the maximum passible
landscaped area, apes space, or vegetation between the activity
and the River;
fib} To the greatest passible degree, necessary and adequate
public .access wi 11 be provided to and along the River by appro-~
priate legal means; and
~c} The intensification, change of use, ar development will
conform with applicable Willamette Greenway policies as set forth
in the Metropolitan Plan.
~d} The intensification, change of use, or development will
conform with either ~i} an adopted refinement plan or ordinance
that imposes use management requirements consistent with Statewide
Goal 15, or iii} the use management considerations and requirements
under Statewide Gaa1 15 as measured by the standards below:
1. Preservation and maintenance of any designated agri-
cultural land as provided in Statewide Gaal 3, The inventory
conducted in 1976 to establish the boundary of the Willamette
River Greenway indicated that "there is no land within the
Eugene City 1 i mi is which fal 1 s within the definition of agri -
cultural lands . all land within the City is committed to
urban use."}.
2. Establishment of adequate setback lines to keep
structures separated from the River to protect, maintain, pre-
serve, and enhance the natural, scenic, historic, and recre-
ational qualities of the Greenway. Setback lines need not
apply to water related or water dependent activities as de-
fined in the Statewide Planning Goals and Guidelines SOAR
fi6D-15-o0o et seq . } .
3. Protection of significant fish and wildlife habitats
as identified in the Metropolitan Plan Natural Assets and Con-
Ordinance - 1
straints Working Paper. Sites subsequently determined to be
significant by the Oregon Department of Fish and Wildlife
shall also be protected.
4. Protection and enhancement of the natural vegetative
fringe along the River to the maximum extent practicable.
5. Preservation of scenic qualities and viewpoints as
identified in the Metropolitan Plan Natural Assets and Con-
straints Working Paper.
6. Maintenance of public safety and protection of
public and private property.
7, Compatibility of aggregate extraction with the ur-
P
poses of the Willamette River Greenway and when economically
feasible, applicable sections of State law pertaining to
Reclamation of Mining Lands FORS Chapter 517} and Removal of
Material; Filling FORS Chapter 541} designed to minimize ad-
verse effects to water quality, fish and wildlife, vegetation,
bank stabilization, streamflaw, visual quality, noise, and
safety, and to guarantee necessary reclamation,
8. Protection from incompatible uses of recreational
lands currently devoted to metropolitan recreational needs,
used for parks or open space and owned and controlled by a
general purpose government and regulation of such lands sa
that their use will not interfere with adjacent uses,
As used in this section, the wards "the greatest possible degree"
are drawn from Statewide Planning Goal 15 ~F.3.b.~ and are intended
to require a balancing of factors so that each of the identified
Greenway criteria is protected to the greatest extent possible with-
out precluding the requested use. Goal 15 ~C.3.j.} provides that
"lands committed to urban uses within the Greenway shall be per-
mitted to continue as urban uses ."
~3~ Public hearing and notice. Provision shall be made for at
least one public hearing on~each application to allow any interested arson
p
an opportunity to speak. Notice of such hearing shall be given at least to
owners of contiguous property to carry out the purpose and intent of the
Willamette River Greenway Statutes. Notice shall also be given to the Oregon
Department of Transportation, State Parks and Highway Division, Willamette
River Greenway Program by immediately forwarding a copy of the application
by certified mail, return receipt requested. Notice of final city action
shall also be provided to the Oregon Department of Transportation.
~4~ Conditions. Additional conditions may be imposed as are
deemed necessary to carry out the purpose and intent of the Willamette River
Greenway, and to insure that any intensifications, changes of use, or devel-
opments within the Greenway boundaries as finally approved are compatible
with the Greenway, If Planned Unit Development Procedures or Conditional Use
Procedures are required only for the purpose of complying with the~Greenway
and not for the purpose of complying with other requirements of the Eugene
Code, 1911, only those findings specified above need be made.
Section ~. This Ordinance shall apply to any conditional use permit
application or modification request, and preliminary or final planned unit
development application or modification request filed after its effective
Ordinance - 2
date.
Passed by the City Council this
12th day of November, 1986
~~~~ ~~
City Recor r
32th day
ordinance - 3
Approved by the Moor thi s