cityofalbany.net

Protecting the City's
Natural Resources

Comments may be directed to our
Goal 5 Discussion Board
(free registration required)

Oregon's Land Use Planning Program - Goal 5: Oregon’s land use planning program addresses nineteen statewide planning goals. Periodically the City is required to review and amend its comprehensive plan and development code so they are consistent with the statewide planning goals. The City's work program to address Statewide Planning Goal 5 required us to inventory wetlands, riparian corridors, and wildlife habitat inside the City's urban growth boundary (UGB), identify which resources have the highest value and function ("significant"), and adopt measures to protect the significant resources.

Goal 5 Project Status:

Goal 5 Joint Planning Commission/City Council Public Meeting
On Monday February 1, 2010 at 6 p.m. in the City Council Chambers there will be a public presentation of the Consultant's Goal 5 recommendations and any staff changes that may be proposed. While no decisions will be made on February 1, the Planning Commission and City Council will be present, and there will be opportunity for public input.

The Consultant's recommendations have been discussed at several previous meetings. The technical report that includes the recommendations can be found in the link under "Downloads" below. The staff recommendations will be posted by Monday, January 25th.

After the February 1 meeting, an interdepartmental staff team will begin working on the draft ordinance to implement Goal 5. The ordinance will contain many of the details that people are most interested in, such as the types development activities and land uses that will be allowed within the proposed resource protection areas. The public hearings will begin in March.

Consultant's Recommendation:

The recommended Goal 5 protection measures can be summarized as follows:

• Wetlands: Protection through a "Safe Harbor" ordinance, with a 50-foot buffer that can be decreased to 25-feet with a state-approved wetland delineation. Safe Harbor protection restricts development within the wetland, but includes a procedure to consider hardship variances, claims of map error, and reduction or removal of restrictions for any existing lot demonstrated to have been rendered unbuildable.
• Riparian Corridors: Protection through a Safe Harbor ordinance for all riparian corridors except the downtown waterfront where an ESEE (Economic, Social, Environmental, Energy) analysis would be conducted.
  The ESEE Analysis would address the existing development and redevelopment potential in the downtown waterfront. It is based on an analysis of conflicting uses and their impact area. The ESEE consequences of the conflicting uses in the impact areas would be analyzed. The degree of protection may vary by site, i.e., some sites might have a higher level of protection and others a lower level. When following the standard ESEE process, a local government shall comply with Goal 5 if it identifies at least the following activities as conflicting uses in riparian corridors:
  • The permanent alteration of the riparian corridor by placement of structures or impervious surfaces, except for:
    • Water-dependent or water-related uses;
    • Replacement of existing structures in the same footprint; and
    • Control of removal of vegetation in the riparian area
  • The Safe Harbor protection would:
    Restrict development within the riparian area, except for the following uses, provided they are designed and constructed to minimize intrusion into the riparian area:
    • Streets, roads, paths;
    • Drainage facilities, utilities, and irrigation pumps;
    • Water-related and water-dependent uses; and
    • Replacement of structures in the same footprint as long as they do not disturb additional riparian surface area
    • The ESEE analysis would address the existing development and redevelopment potential in the downtown waterfront.
  • Control the removal of riparian vegetation
  • Include a procedure to consider hardship variances, claims of map error, and reduction or removal of the restrictions for any lands demonstrated to have been rendered not buildable by application of the ordinance.
  • Allows permanent alteration of up to 50% of the riparian area if mitigated elsewhere.
• Wildlife Habitat: Enhanced wetland and riparian corridor protection measures to protect wildlife habitat, instead of identifying significant wildlife habitat separately. The enhanced protection would include the requirement of a habitat assessment when development is proposed within 100 feet of a waterway or wetland where habitat for threatened, endangered, or sensitive species have been documented* in the associated waterway, wetland, or riparian corridor.

  * "documented" means that an area is shown on a map published or issued by a state or federal agency or by a professional with demonstrated expertise in habitat identification

• All Significant Resources: Additional maintenance and management measures, which may include restrictions on the use of pesticides, storage of hazardous materials, planting of non-native or invasive species, intensity of light, among others. Some measures would be mandatory, and others recommended as voluntary best management practices.

Multiple Government Responsibilities:

The vast majority of significant Goal 5 resources overlap along the creeks, rivers, and lakes inside the City's UGB. Protection of these Goal 5 resources directly relates to other City responsibilities, such as floodplain management, stormwater quality/management, buildable land supply, drinking water supply, parks and recreation, economic vitality, health and safety, and livability.

Balancing Preferences & Priorities:

Some community members will feel strongly that the City should protect our natural resources beyond the minimum requirements of Goal 5, while others will feel just as strongly that the City should do the minimum possible to comply with Goal 5. Ultimately, the City Council must decide how to balance competing points of view with multiple government responsibilities and public benefit.

Costs/Challenges:

Many of the significant Goal 5 resources inside the UGB are currently zoned as Open Space, which limits potential development already. The Federal Government and State of Oregon already regulate development activities in wetlands and waterways. This means that the 'net impact' of Goal 5 is not as widespread as it may appear, since the majority of property is already considered undevelopable. However, additional development restrictions and requirements may increase development costs, decrease the amount of buildable land inside the UGB, restrain redevelopment potential of developed properties, and reduce the development area of individual properties. (Map, 22MB png)

Benefits/Opportunities:

Beyond their own intrinsic value, high value/high functioning natural resources provide a variety of societal benefits. Examples of these include: regulation of river flow and groundwater levels; purification of air and water; provision of drinking water; climate control; waste absorption and breakdown; thermal regulation; nutrient cycling; recreation, education, research and spiritual opportunities; and aesthetic amenities.

Protecting the City's significant natural resources demands thoughtful consideration of the associated benefits and costs, and opportunities and challenges, to individuals and the community as a whole, both now and in the future.

Public Input:

There are many ways that the public can voice their opinions about natural resource protection in Albany – provide comments on this webpage, attend the February 1, 2010 public meeting with the Planning Commission and City Council, attend additional public meetings that will be scheduled throughout the Winter and Spring, send an email, write a letter, come in and talk to us in the Planning Division. Please check this website for regular updates. If you have questions regarding Goal 5, please contact Heather Hansen via our contact form, 541-917-7564, or PO Box 490, Albany, OR 97321.

Planning Division:

• Contact Planning
• Planning Commission
• Applications Scheduled for Public Hearing
• Historic Preservation Program
• Landmarks Advisory Commission

Planning Documents:

• 2006 Housing Needs Analysis (1.7MB pdf)
• Albany Comprehensive Plan
  Plan Map (542K PDF)
• Albany Development Code
• Application Forms
• Economic Opportunities Analysis
• Fencing Standards
• Flood & Floodplain Information
• Home Occupation Standards
• Zoning Map (500K PDF)
  This map depicts the general pattern of zoning in Albany and is not intended to provide zoning information about specific properties. For specific information, please use our GIS information planning tool called InfoHub, or call the Planning Division at 541-917-7550. You can find InfoHub here: http://infohub.cityofalbany.net/InfoHub/

Planning Projects:

• Current Planning Projects
• Goal 5 (in progress)
• Albany Economic Opportunities Analysis Update (2007) (196K pdf)
• South Albany Area Plan (2007-in progress)
• Central Albany Revitalization Area
• North Albany Refinement Plan
• Goal 9: Economic Development (2002)
• Balanced Development Patterns (2001)
• Great Neighborhoods (1999-2000)

Demographics:

• 2000 Census Database
• Demographic information summary (56K pdf)
• Census 2000 Web site