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Attachment A
<br />Staff Response to Public Testimony and City Council
<br />I. 9.4780(2)(b)2.c. – “adding straw mulch” could violate fill/removal Section 9.4774 indicates that consistency with the provisions of Section 9.4780 (Permitted and Prohibited Uses)
<br />does not exempt the property owner from state or
<br />regulations. (13) federal laws or regulations.
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<br />J. For properties identified outside of the city limits, the ordinance Waterways that have a significant water quality function do not simply end at the City limits. The City’s regulations,
<br />however, do end at the City limits. The City has
<br />applies laws retroactively, as if the City of Eugene laws apply to these identified those important waterways that are located between the City limits and the UGB and provided a list
<br />of the properties that contain the critical area for those
<br />properties even before annexation (13) waterways. The ordinance simply states that, if a property on the list is annexed, at the same time it receives a City base zone it will also
<br />receive the /WQ overlay zone.
<br />The ordinance’s references to the date the /WQ provisions were adopted will allow such property owners some beneficial grandfathering with respect to the uses that
<br />were established on or before the date the ordinance was adopted. There is no other retroactive effect.
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<br />III. /WQ Map
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<br />A. How was map developed? (CC) The /WQ Map was developed as follows. For areas within the UGB, 1) the three protection criteria: 303(d) waterway; directly draining tributary to 303(d)
<br />waterway;
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<br />and headwater stream, were applied to the city of Eugene’s open waterways layer termed “DOPEN.” This included waterways adjacent to but outside of the UGB that
<br />could be impacted by adjoining lots located within the UGB; 2) Definition of water quality function was applied to all waterways and noncomplying segments were
<br />removed; 3) Definition of Headwater Stream was applied to headwater streams and noncomplying stream were removed; 4) Definition of directly draining was applied
<br />to all tributaries and noncomplying waterways were removed; 5) From this set of waterways, all waterways containing an existing zoning (/WP, /WB, /WR, NR) or
<br />policy protection (within WEWP; Royal Node) were removed. The resulting set constitutes the proposed WQ waterways. Next, the setback measurement points were
<br />selected and identified. For headwater streams, the DOPEN waterway line work is the stream centerline and it became the measurement point for headwater streams
<br />for which 40-foot wide setback on either side were applied. For non-headwater streams, the Top-of-High Bank (THB) was identified using the 1999 2-foot elevation
<br />contours, the 2004 aerial photography, and Lane County’s parcel layer was applied. Cross-referencing the contour data with the aerials enabled the location and
<br />digitization of THB for both sides of the waterway channel. Next, 25 foot setbacks were applied to both THB and these plus the channel area constituted the /WQ
<br />Management Area. These polygons were overlaid onto the parcel layer for which tax lots and rights-of-way affected were identified. The accuracy of the map was
<br />field checked in response to concerns expressed by property owners. Changes to the map were made only for concerns that were validated in the field. These layers
<br />were combined into one GIS file that shows city limits, urban growth boundary, parcels, rights-of-way, /WQ waterways, and /WQ management area.
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<br />B. How /WQ elements are located on the ground (T, T, CC) The setback measurement points for both stream categories: non-headwater and headwater streams, were identified per III.A. The
<br />Lane County parcel file location is
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<br />assumed to be accurately located with regard to aerial photography coordinates. Using the proposed adoption map, property owners can scale the distance from parcel
<br />lot lines to the /WQ elements, i.e. setback measurement point and the /WQ management area. These points can be identified on the ground using either the 2004
<br />photography or corner survey markers.
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<br />C. Are setback locations permanent? (21) What is the process for A property owner can accept the location and move forward with land use proposal or, if desired, challenge the location
<br />by following the submittal requirements and
<br />challenging accuracy of the map? (20, 21, CC) approval criteria contained in subsection 9.4786.
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<br />IV. Water Quality Considerations
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<br />A. Non-maintained waterways are sources of water quality pollution, Comment noted. Maintenance of WQ Waterways including removal of invasive plants and maintenance of existing landscaped
<br />areas is allowed under the draft
<br />potential fire hazards (6), attract nuisance animals and students from a ordinance. There are mechanisms in place to vegetation maintenance issues related to public property (call 682-4800),
<br />and on private property through the City’s
<br />nearby school (9), and are a bad influence on the neighborhood (11) Vegetation Management Program (see: www.eugene-or.gov/PW > Stormwater > Open Waterways > Vegetation Management).
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<br />B. What is the water quality benefit of a /WQ management area with Existing lawn areas, while not as functional from a water quality perspective when compared to a shaded riparian area
<br />with a mix of tree, shrub and groundcover
<br />existing with lawns? (CC) species, does provide some water quality function in the form of filtration for surface runoff, infiltration with associated treatment and groundwater recharge,
<br />some
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<br />degree of soil stabilization, and a separation between development uses/activities and the waterway itself.
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<br />V. Other Issues
<br />A. This will cause a reduction in the value of my property; owners There is no evidence that the regulations will cause a reduction in property value.
<br />should be compensated. (4, 6, 9, 11, 12, 15 )
<br />B. There should be a (quick, fee free) regulation-exception review Section 9.4780(2) lists the uses permitted outright in the /WQ Management Area including small accessory structures,
<br />small decks, pervious paths. Beyond these types
<br />process – there are ways to build near waterways and still protect of development activities, for certain other allowed uses and activities, meeting development standards and going through
<br />a review process is required to ensure water
<br />water quality. (4) quality protection.
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<br />C. Concerned about the affect on remaining build able land within the See findings under Statewide Planning Goal 10. (Attachment A to May 19, 2008 City Council Public Hearing AIS)
<br />UGB. (19)
<br />WQ Protected Waterways Attachment A to June 18, 2008 AIS (page 5 of 6)
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