Item A: Water Quality Protected Waterways

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setbacks along each side of all waterways proposed for protection. A public outreach process was conducted on the initial proposal including an open house where affected property owners, interested persons, and the general public attended and provided feedback. Key feedback from the initial outreach process included: 1) waterways with existing protections, such as Goal 5 wildlife habitat protections, do not need additional regulations; 2) the one-size-fits-all setback width of 75 feet should be modified to account for individual waterway and lot conditions and should be similar in size to the Goal 5 protections, and 3) the incremental water quality benefits resulting from wider setbacks on waterways already protected would not off-set the additional cost and complexity of administering and enforcing the provisions. As a result of the issues raised, significant revisions were made to the proposal. Water Quality Protections would be proposed only for those water quality waterways that have no existing protections. This change reduced the total miles of “water quality protected waterways” from 90 to about 15 miles. Setback widths were revised to match existing wildlife habitat setback distances, namely 40 feet measured from centerline on each side of the waterway for headwater streams, and 25 feet measured from the top of a high bank on each side of the stream for all other identified waterways. The rationale for proceeding with this approach included the acknowledgement that, when viewed as a component of the broader, big-picture set of protections (including Goal 5), the 15 miles of waterways recommended for protection filled a significant gap in addressing the City’s water quality issues from a watershed-system approach. Planning Commission Recommendation The Eugene Planning Commission held introductory work sessions on the proposed Water Quality Protected Waterways on September 10, 2007, and January 14, 2008. A public hearing was conducted on January 15, 2008, after which three discussion/deliberation meetings were held (March 10, March 17 and March 31). As a result of the Planning Commission input and testimony received, additional changes were made to the proposal. Changes made included: increasing flexibility through the use of setback averaging under certain circumstances; broadening the use of non-native plantings that are not considered to be invasive; clarifying the adjustment provisions, and map corrections. On March 31, 2008, the Planning Commission voted (4 in favor, 3 opposed) to recommend that the City Council adopt the draft ordinance. Draft meeting minutes from the March 31 Planning Commission meeting are provided as Attachment B. Planning Commission meeting materials are available on the project web site at: http://www.eugene-or.gov/wqpw. Supplemental information provided to the Planning Commission in response to questions and testimony, and hard copies of Planning Commission meeting materials and minutes are available at the City Manager’s Office, Room 105 (Binder labeled: Water Quality Protected Waterways - Supplemental Information). Planning Commissioners who favored the current proposal expressed their support because: ? Eugene is located where it is because of the network of streams; we should protect what little of the green infrastructure we have left. ? This is an incremental step that may seem inconsequential, but the broader system benefits pan out. ? Managing personal choices on-site is preferable to a major industrial (treatment) fix at the outfall. ? The proposed regulations are analogous to human health where the individual health benefits of any one thing (quitting smoking; eating healthier foods) are hard to measure but undoubtedly would provide some positive benefits. Y:\CMO\2008 Council Agendas\M080514\S080514A.doc