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<br />LAW OFFICE OF BILL KLOOS, PC <br /> <br />OREGON LAND USE LAW <br /> <br />576 OLIVE STREET, SUITE 300 <br />EUGENE, OR 97401 <br />PO BOX 11906 <br />EUGENE, OR 97440 <br />TEL (541) 343-0323 <br />FAX (541) 343-8702 <br />E-MAIL KIMODEA@LANDUSEOREGON.COM <br /> <br />September 26,2005 <br /> <br />Eugene City Council <br />Eugene City Hall <br />777 Pearl Street <br />Eugene, Oregon 97401 <br /> <br />RECEiVED <br /> <br />SEP 2 6 2005 <br /> <br />RE: GoalS inventory and proposed regulations <br /> <br />CITY OF EUGENE <br />PLANNING DEPARTMENT <br /> <br />Dear City Council: <br /> <br />Please accept the following as an appearance by Rick LeBrun, KOGAP Enterprises Inc. and <br />Commercial Investment Properties on behalf of Map 17-04-24-4, tax lots 1100, 1200 and 1500. <br /> <br />Testimony was submitted in writing on behalf of the above named property owners in a letter <br />dated May 10.2005. City staff and the Planning Commission failed to address issues raised. <br /> <br />The subject properties are located in GoalS Analysis Group Area 21. Maps 21A and 21B <br />indicate that there are no Locally Significant Wetlands or Wetlands Designated for Protection on <br />the subject properties. No significant Upland Wildlife Habitat is identified on the properties. <br />The subject properties are not part of a significant Riparian Corridor. There are, however, <br />Locally Significant Wetlands and Wetlands Designated for Protection identified on adjacent <br />property to the west oftax lot 1100, 1200 and 1500. These wetlands, identified as WR-3, are <br />very close to the common boundary line and are considered part of the Delta Ponds wetlands <br />system. <br /> <br />After conducting an ESEE analysis, staff recommended limiting conflicting uses on Site WR-3. The <br />site was ultimately recommended for protection. Staff recommends a conservation setback of 50 feet <br />around the wetlands, imposes the /WR Water Resources Conservation Overlay Zone and designates <br />the wetlands as "Category A." <br /> <br />"For wetland sites designated Category A wetlands, the conservation area includes the area within <br />the resource site boundary, plus the area within a conservation setback of 50 feet measuredfrom the <br />wetland boundary. Within this conservation area, the /WR overlay zone restricts new development, <br />removal of riparian vegetation, and other conflicting uses." See ESEE Analysis, page 20. <br /> <br />The above parties are opposed to the inclusion and regulation of the subject properties for the <br />following reasons: <br /> <br />1. Inclusion and regulation of tax lot 1200 is uniustifiable because the proposed wetland setback <br />will not touch the property. <br /> <br />u~Q~ <br />