New Search
• <br /> • <br /> Mike Gleason <br /> July 27, 1994 <br /> Page 4 <br /> 2. A change of circumstances in a substantial manner not anticipated in the <br /> Plan. <br /> 3. Incorporation into the Plan of new inventory material which relates to a <br /> statewide goal; or <br /> 4. A change in public policy. EC 9.145. <br /> A decision by the planning commission to deny the application may be appealed to the City <br /> Council. If the planning commission recommends approval of the application, a hearing before <br /> the City Council is held automatically. Both an approval and a denial of the amendment by the <br /> City Council are final land use decisions and, as such, are appealable to LUBA. If a party does <br /> appeal the City Council's decision to LUBA, you can expect a decision from LUBA to be issued <br /> within three to nine months from the date of the local decision. It would be reasonable to <br /> predict that the entire process could take 6 months to a year from the date of initiation to the <br /> final resolution. <br /> V. Willamette River Greenway Permit <br /> If the amendment is obtained, the proposed use will also be required to comply with the <br /> requirements applicable to the Willamette River Greenway. EC 9.260 provides the requirements <br /> for intensification of use, change of use or development within the Willamette River Greenway. <br /> The entire park falls within the Greenway. The placement of Nearby Nature in one of the <br /> existing structures in the park is a change of use and requires a conditional use permit. <br /> The code requires a balancing of a number of factors. These factors include, among <br /> others, that, to the greatest possible degree, the change of use will provide the maximum <br /> possible landscaped area, open space and vegetation between the activity and the river and that, <br /> to the greatest possible degree, necessary and adequate public access will be provided to and <br /> along the river by appropriate legal means. The factors are to be balanced so that each criteria <br /> is protected to the greatest extent possible without precluding the requested use. EC 9.260(2). <br /> Although the proposed structure would not be a new structure and arguably would have little <br /> increased impact on the greenway, a hearing is provided for under the code, and opposition <br /> should be expected at this juncture. EC 9.260(3)_ <br /> Conclusion <br /> Although the code may not prohibit the use of the structure by Nearby Nature at its <br /> current location, the structure is not permitted under the current version of the Alton Baker Park <br /> Master Plan_ The City may choose to amend the Alton Baker Park Plan, or it may opt to locate <br /> the Nearby Nature center at a location in the park that does allow for such structures for this <br /> type of educational purpose. The Oregon Museum Park Complex, for example, located in the <br />