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Ordinance No. 20259
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2002 No. 20242-20273
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Ordinance No. 20259
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Last modified
6/10/2010 4:44:00 PM
Creation date
7/25/2005 2:46:05 PM
Metadata
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Template:
City Recorder
CMO_Document_Type
Ordinances
Document_Date
7/8/2002
Document_Number
20259
CMO_Effective_Date
1/26/2004
Author
James D. Torrey
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Since some of the land within the West Eugene Parkway Modified Project alignment has been <br />acquired by BLM through Land and Water ConserVation Fund (LWCF) appropriations~ the <br />Eugene Planning commission asked whether this policy is applicable to ~ at}plication of the <br />planned Transportation corridor wetlands designation to the ~est Eugene Parkway modified <br />project alignment. <br /> <br />Policy 3.14 was intended to address the issue of timing for implementing development~ <br />prohi¢itive wetland protection policies. Such policie~ ~re not to be applied until after the subject <br />wetlands haVe been acquired by a public or non-profit agency. The p~licy ,,vas not intended <br />require the use of such protections~ <br /> <br />Policy 3.14 is not applicable to the application of the Planned Corridor wetland designation tYr <br />the following reasons: <br />1. Policy 3.22 establishing the Planned Transportation Corridor wetland designation and <br /> Policy 3.21 establishing the Utility Corridor wetlands designation allow these wetland <br /> designations to be to publicly-owned . The findings for Eugene City <br /> Counci l Ordinance No. 20119 and Lane County Ordinance No. PA 1117 amending the <br /> West Eugene Wetlands Plan to establish these new wetland designations did not include <br /> Policy 3.14 as an applicable policy. <br />2. The findings for Eugene City Council Ordinance No. 20147 and Lane Count3, Ordinance <br /> No. PA 1129 which applied the Planned n Corridor wetland designation to <br /> City-owned property along West 11~h and West 18t~ Avenues did not include Policy 3.14 <br /> to be an applicable policy. <br />3. Policy 3.14 directs implementation of policies which prohibit development on certain <br /> protected wetlands. Since the Planned Transportation corridor policy specifically allows <br /> fill of publicly-owned land for roadway constracfion in specific, limited circumstances <br /> Lh/s policy does not prohibit development. <br /> <br />Policy 3.8 <br /> <br />"Establish, maintain and protect physical and hydrologic linkages between <br />protected wetlands and adjacent transitional and upland wildlife habkat and <br />natural areas.' <br /> <br />ODOT has Completed an hydrologic analysis for the project. The analysis noted that surfhce <br />hydrology has already bee~ substantially ~hanged by deCel°pment in ~he area, including the dike <br />uPon which the railroad is built and existing city, coUnty, and state roads. The ditches that <br />parallel these features and divert sur{hce flows to waterways fm'ther modified surface hydrology. <br />;Fhe analysis concluded that the WEP would not have a noticeable impact on hydrology because <br />the railroad already acts as a barrier to overland flow of water and channels overland flow to <br />ditches. Consideration of impacts to subsurface hydrology determined tlmt the soils in the area <br />were not prone to compaction and placement of fill for construction of the V~rEp would not affect <br />subsurface hydrology. <br /> <br />The West Eugene Parkway roadwa~v would be elevated to approximately the same level as the <br />railroad from Amazon Creek to west of Green Hill Road, a distance of abont 1~3 miles. A <br />railroad grade parallels that 1.3-mile section of the WEP. The railroad creates a hydrologic <br /> <br />West Eugene Wetlands Plan Amendments <br />Exhibit B ~ Fkndings <br /> <br />Page 16 <br /> <br /> <br />
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