Ordinance No. 20208 - Laserfiche WebLink

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is interpreted to mean that existing development is close enough to the site (including existing development that is on the site), or surrounds enough of the site perimeter so as to have a negative impact on the functioning of the wetlands within the site. This interpretation is deemed important, since many of the wetlands in the West Eugene Wetlands Plan area occur within the context of urban development. If this phrase was interpreted to mean simply that there is some development on an adjacent property, or to mean that development occurs somewhere to the west, north, east and south, then Criterion #3 would fail to be useful in distinguishing one site from another, since nearly all of the sites would meet the criterion. Applying this interpretation, the analysis below looks at how close development is to the wetlands on the site, and how much of the perimeter of the wetland is adjacent to development. Those sites where development is several hundred feet away from the wetlands, or where development is adjacent to only a small portion of the perimeter are not considered to have met the criterion. One relative measure that is used for comparison is the 100 foot maximum wetland buffer setback, which is required for protected wetlands (within the City of Eugene). The findings and legislative record for the adoption of the wetland buffer setback provisions establish that this distance provides adequate protection to wetlands from adjacent urban land uses (Ordinance No. 20006, enacted April 24, 1995). Where adjacent development is several times further from the wetlands than this, the development is not considered close enough to impact the wetlands, and therefore, is not considered adjacent. Cannot be protected in perpetuity through the West Eugene Wetlands Program: This phrase, as used in Development Criterion #6 (Site characteristics, including size, location and surrounding uses and activities are such that there exists a high probability that the site cannot be protected in perpetuity through the West Eugene Wetlands Program), is interpreted to mean either: (1) The site cannot be controlled through the acquisition (by one or more West Eugene Wetlands Program Partners) of easements or fee title ownership in order to manage the site for wetland protection. In the context of Criterion #6, it is the site characteristics and the characteristics of adjacent areas that would prevent site control and management, as opposed to lack of funding for acquisition (for example, a regulation that prohibits acquisition of property with certain characteristics) ; or (2) That conditions or activities adjacent to the wetland site, which are outside the control of the Wetlands Program, pose a significant environmental threat to the wetland site (for example, contaminated groundwater on an adjacent parcel is likely to migrate to the wetland site and cause damage to the wetlands). III. Analysis of Consistency with Adopted Wetland Designation Criteria The adopted criteria are shown below in italics, with findings following each standard and criterion. The application of "Standards" and "Criteria" as used in the findings below are defined in the West Eugene Wetlands Plan (WEWP) Glossary as follows: Speedway Site Ordinance, Exhibit C (Refinement Plan Amendment Findings) Page 4