Resolution No. 4780 - Laserfiche WebLink

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* * * On remand, respondents may take appropriate action to confirm that the designated Significant Vegetation and Wildlife area designated on the Metro Plan is unaffected by the WEWP amendments. If that is not the case, and the disputed WEWP amendments affect the Significant Vegetation and Wildlife Area, respondents must demonstrate that such action is consistent with Goal 5." Response and Explanation of Findings: The City of Eugene adopted amendments to the West Eugene Wetlands Plan through its Ordinance No. 20259. Lane County did so through its Ordinance No. PA 1175. Both Ordinances included as their "Exhibit B" findings that analyzed the WEWP amendments' consistency with Statewide Planning Goal 5 and with applicable policies from the Metro Plan. Each jurisdiction also adopted as findings three documents prepared by ODOT.2 The ODOT documents also contain analysis of environmental considerations for the Modified Alignment of the Parkway, both under Statewide Planning Goal 5 and under federal environmental laws. The findings do not contain a Goal 5 (OAR 660-023- 0250(3)(b)) analysis of the Significant Vegetation and Wildlife site referred to in the LUBA appeal (the Oak Hills site identified in the 1982 Goal 5 inventory).3 The reason for the lack of Goal 5 analysis of the Oak Hills Significant Vegetation and Wildlife site: the Oak Hills site was not in the area that could conflict with the WEWP redesignations.4 The wetland areas redesignated by the City and County are wetlands that are located within the Parkway's Modified Alignment and that were identified in the WEWP as "Protect" or "Restore.,,5 The Oak Hills Significant Vegetation and Wildlife site is composed of two hills north of the Parkway's Modified Alignment. LUBA stated: "we understand petitioners to take the position that these areas [the redesignated wetlands and the Oak Hills Significant Vegetation and Wildlife site] are the same or that they overlap." The local governments asserted that the areas were different. LUBA remanded the matter so that the local governments' governing bodies could provide a determination on this factual matter. This determination can be made based on materials already in the record. 2 These ODOT documents are: l) West Eugene Parkway Modified Project - Consistency with Statewide Planning Goals and Transportation Planning Rule, October 7, 1999; 2) Alternatives Considered, October 4, 1999; and 3) Incompatible Adjacent Land Uses in the WEP Project, July 30, 1999. 3 The Oak Hills site was included on the area's GoalS inventory as a privately-owned site identified as Significant Vegetation and Wildlife Area No.3. Metro Plan Update Vegetation/Wildlife Habitats Working Paper, Aprill2, 1978, pages D-ll, 12. 4 The findings prepared by ODOT refer to the "Oak Hills area" and to "Oak Hills" but only in providing information about the general location of the Modified Alignment and of other alignments that were considered for the Parkway. Those findings state in several places that, for the old alignment - the "Approved Design" - the western limit of the Parkway is "west of the intersection of Highway l26 and Goble Lane near Oak Hills." See e.g. Exhibit C-1 at l, 2 and 44, C-2 at Sand 22 and C-3 at 1. Various diagrams in the record show an area northwest of the Parkway terminus labeled as "Oak Hills." See e.g. Exhibit C-l at 4 Y2, Exhibit C-2 at 16 Y2. These diagram references show the Oak Hills area in a general way, in various locations. None indicate the specific location of the Goal S site that is identified as the Oak Hills Significant Vegetation and Wildlife site in the area's 1982 inventory. 5 Wetland sites in the Parkway alignment that were designated by the WEWP as "Develop" did not need to be redesignated to the Planned Transportation Corridor designation to accommodate the Parkway. 9