Item B: Ordinance Concerning Goal 5 Natural Resources Study

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Goal 9 - Economic Development: To provide adequate opportunities throughout the state for a variety of economic activities vital to the health, welfare, and prosperity of Oregon's citizens. The ordinance will not impact the supply of industrial or commercial lands. Therefore, the amendments are consistent with Goal 9. The /WR overlay zone does not render a property unusable for commercial or industrial uses. In fact, specific provisions in the /WR overlay zone ensure that the overlay zone does not have such an effect on a property. Those provisions are: I. The use restrictions of the /WR overlay zone only apply to that portion of a lot that is within a specified distance from an identified water feature. The use-restricted area is referred to as the "/WR conservation area." Within the portions of the lot that are outside of the /WR conservation area, land uses are not restricted by the /WR overlay zone. EC 9.4930(1). Properties that have a base zoning and designation allowing commercial or industrial uses can still be developed with such uses on those portions of the lot that are not within the /WR conservation area. 2. If the setback and resource site for a Goal 5 wetland, riparian corridor or a wildlife habitat site occupy more than 33% ofa development site area, upon application of the property owner, the City will reduce the size of the /WR conservation area to ensure that the area constitutes no more than 33% of the development site area. EC 9.8030(21)(a). 3. Upon application of the property owner, the City will reduce the setback area around a Goal 5 wetland by up to 20%, consistent with specified standards. EC 9.8030(21)(b). 4. Upon application of the owner of sites identified with certain streams and wetlands, setback averaging can be used to reduce setback distances to up to 30% on portions of the site. EC 9.8030(21(c). 5. Upon application ofthe property owner, adjustments can be made to the /WR overlay zone standards to ensure that an owner is not deprived of uses that are permitted to other owners affected by the same, or a similar, resource site in the same zone. EC 9.8030(21)(d). Considering these provisions of the /WR overlay zone, the application of the overlay zone to a property zoned and designated for commercial or industrial use does not result in a diminution in the area's supply of commercial or industrial land. Even supposing the provisions above were not a part of the overlay's regulations, the overlay is being applied to such a small number of acres included in the area's inventories of commercial and industrial lands that this ordinance overlay could not diminish the area's supply of those lands below the projected need. An analysis of potential impacts to the supply of buildable commercial lands within the Eugene UGB was conducted using the regional Geographic Information System (GIS) and calculations of supply and demand from the Eugene Commercial Lands Study, 1992. The State- 5