Item B: Ordinance Concerning Goal 5 Natural Resources Study

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c ATTACHMENT C Planning & Development Planning MEMORANDUM City of Eugene 99 West 10th Avenue Eugene, Oregon 97401 (541) 682-5377 (541) 682-5572 FAX www.eugene-or.gov Date: October 17, 2005 To: Mayor Piercy and City Council From: Neil Bjorklund, Senior Planner, 682-5507 Ann Siegenthaler, Associate Planner, Subject: Response to Public Testimony on Planning Commission Recommendations for the Goal 5 Natural Resources Study This memo provides staff responses to questions raised by the Council, to questions and issues raised in written or oral public testimony before the City Council and provides recommendations for amendments to the Planning Commission recommendations where new information was introduced that warrants those changes. The Council held a public hearing on the Planning Commission recommendations for the Goal 5 Natural Resources Project on September 26,2005. The Council held the written record open for written comments until 5 p.m. on Monday, October 3,2005. A total of 55 individuals submitted testimony, including 28 individuals who submitted oral comments and 39 who submitted written comments. Twelve of those who testified submitted both oral and written comments. Staff reviewed all of the testimony received and, in several cases, met with property owners to better understand their testimony and the issues raised. The testimony is grouped according to subject matter in order to respond to like comments together. Many of the issues raised in this testimony were also raised before the Eugene Planning Commission. Staff responded to those previously raised issues before the Planning Commission and the Planning Commission's recommendations addressed those issues to the extent that those issues warranted changes to the draft Goal 5 ordinance. Staff responses to testimony before the Planning Commission are contained in staff memos of May 31, 2005 and June 7,2005, copies of which are included in the notebook of Goal 5 background materials located in the Council office. This memo focuses primarily on that testimony that raises substantive issues or which introduces new information that warrants a response, with those topics that received the most testimony listed first. 1. Questions from Council During the Council work session on Goal 5 on September 21, 2005, Councilor Kelly asked for an explanation of the provisions in draft section EC 9.8030(21)(a), and whether they would allow a large reduction in protected area in a very large parcel. Staff eXplained that the 33% threshold was met only in small lots, rather than in large parcels, so that a large decrease in protected area was not likely. This is due to the fact that the water feature (Le., stream or wetland) itself is not included in the calculation for meeting the 33% threshold. Staff will present a diagram showing specific site examples at the Council work session on October 24,2005.