Item B: Ordinance Concerning Goal 5 Natural Resources Study

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NO.1 10/18/05 (c) The application shall include a site plan that shows sufficient detail and supporting information to demonstrate compliance with applicable standards. Unless waived by the planning director, the site plan shall be prepared by an Oregon licensed civil engineer or an Oregon licensed surveyor. (d) The site plan and application shall be signed by each of the professionals preparing the application, certifying that the application is true and correct to the best of his or her professional ability, and that, if applicable, the professional standards of his or her profession have been met therein. Section 17. Subsection (14) of Section 9.8030 of the Eugene Code, 1971, is amended, and a new Subsection (21) is added thereto, to provide: 9.8030 Adiustment Review - Approval Criteria. The planning director shall approve, conditionally approve, or deny an adjustment review application. Approval or conditional approval shall be based on compliance with the following applicable criteria. (14) Overlay Zone Development Standards Adjustment. Unless a subsection of EC 9.8030 sets out adjustment review criteria for a specific overlay zone, [W]where this land use code provides that [the 3pplic3ble] overlay zone standards may be adjusted, the standards may be adjusted upon a finding that the adjustment of the standards will result in a development that is consistent with the purpose of the overlay. (21) IWR Water Resources Conservation Overlay Zone [Sf3ndaras] Adjustment. Where this land use code provides that a provision of the IWR Water Resources Conservation Overlay Zone may be adjusted, approval may be given [if no previous 3djustment under these provisions h3S been 3pfJroved, 3nd] only upon a finding that the proposed adjustment meets criterion (a), (b)" [M] (c) flJ:i!!l below: (a) For any property containing a IWR conservation area due to a resource identified as a wetland, upland wildlife habitat or riparian site in the Goal 5 Water Resources Conservation Plan"jJJ1 adiustment to the Drovisions of EC 9.4920 mav be made if no Drevious adiustment under this section has been aDDroved and all of the followina are met: 1. More than 33 percent of the development site is occupied by the combined area of the IWR conservation setback and any portion of the Goal 5 Water Resource Site that extends landward beyond the conservation setback; 2. The proposed reduction in the IWR conservation area will result in the combined area described above constituting at least 33 percent of the development site; 3. The portion of the development site removed from the IWR conservation area complies with EC 9.4980(2)(a)4., (4)(b), (5)(a), (8), (9) and (10); 4. The portion of the development site outside the IWR Ordinance - 24