Mail Tribune Business - Medford resumes look at proposed creek rules

Mail Tribune (Medford, OR — Wayback)

2000-05-31

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Medford resumes look at proposed creek rules By CHRIS BRISTOL Council hearing Who : The Medford City Council What : Public hearing to consider major amendments to the Medford Comprehensive Plan and Land Development Code, including new regulations affecting riparian corridors and wetlands When : 7 p.m. Thursday Where : Medford City Hall Council Chambers, 411 W. Eighth St. A controversial set of fish-friendly ordinances designed to protect three riparian corridors -- aka "creeks" -- tops the Medford City Council agenda Thursday night. The proposed rules restrict development, but the Planning Commission has eased off a bit after a series of public hearings in August in which homeowners who live along Larson Creek complained about their rights and the affect such regulations could have on property values. The rules create a 50-foot setback along Bear, Larson and Lone Pine creeks -- which have been designated "fish-bearing streams" by state biologists -- and offer similar protection for 20 or so "locally significant" wetlands scattered throughout the city. The council scheduled a public hearing Thursday, but city Planning Director Jim Eisenhard said he is confident the revisions have satisfied most opponents. The ordinances could affect more than 400 homeowners. "I think it's going to be a fairly quiet evening," he predicted Tuesday. "If the Planning Commission and the planning staff did their job right, there won't be crowds and crowds of people coming down and telling us how stupid we are." The ordinances "mostly" affect undeveloped properties, he added. The ordinances are part of the city's effort to update its comprehensive plan. Since the last update 12 years ago, state and federal environmental rules have become more restrictive. Currently, only Bear Creek has a riparian setback -- and only 25 feet. Eisenhard said the "fish-bearing" designation means the city has to protect all three creeks. "Other than making the whole thing go away," he said, "we think we've taken steps to make people comfortable with the regulations." The new rules still prohibit new construction -- such as swimming pools or sheds -- within the setback. But other uses that were originally prohibited, such as lawn fertilizer and fences, have been grandfathered in. "Nothing there now is going to have to be taken down," he said. "If it's going on now, it can continue to go on." In addition, Eisenhard said the 50-foot setback may be reduced up to 50 percent if a homeowner or developer undertakes a stream restoration project with assistance from the state Department of Fish and Wildlife. Today's Business Index Mail Tribune Copyright � The Mail Tribune 1999, Medford, Oregon USA