Item B: Ordinance Concerning Goal 5 Natural Resources Study

Home Browse Search

Summary Response on Site ES1: Staff concludes that no new evidence related to Site ESl has been submitted that was not considered by the Planning Commission and that would warrant a change to the Planning Commission's recommendation for Site ES1. However, it is within the Council's purview to reduce the setback on Site ESl from 40' (Category C Stream) to 20' (Category D Stream) as requested by several of the owners in this site. To do so would require revisions to the ESEE analysis findings for this site, and may affect recommendations for other sites in the South Hills with similar characteristics. In reviewing protection measures proposed for this site and other similar sites with the City Attorney, staff discovered that draft section EC 9.4920(1)( a) and (b) did not achieve the division between sites that was intended by the Planning Commission. The previous draft would have applied different levels of protection to adjacent segments of the same waterway. To address this issue, and to align the draft ordinance with the Planning Commission's intent, staff has recommended changes to these two sections. 5. Testimony Regarding Setbacks on Site E42 Testimony was submitted by Dos Reis and O'Dea (for Shields) regarding the relationship between an existing easement on a portion of the Canoe Canal (also known as Oldham Slough) and the proposed Goal S regulations. The testimony states that a drainage easement along the canal was conveyed to Lane County in 1974 in exchange for property owner control of landscaping, screening and trespass along the canal and suggests that current GoalS proposal is in conflict with what was promised by the County. The testimony also expresses concern over whether existing gardens would have to be replaced with native plants. Staff response: The easement conveyed to the County was and is completely unrelated to the City of Eugene's GoalS process. Further, it was not within the authority of the County to guarantee through an easement that no future land use regulations would ever be applied to the property after it was inside Eugene City Limits. The draft /WR overlay zone would preserve the current owners' rights of landscaping, screening and trespass control, but would limit what plant species could be planted or removed within the conservation area under certain circumstances. Existing ornamental gardens are allowed to be continued and maintained under the proposed provisions, but removal of native plants to expand or create new ornamental gardens would not be allowed. No existing uses or landscaping would be required to be changed or removed as a result of applying the /WR overlay zone. The proposed Goal S regulations specifically allow existing gardens to continue, and allow on-going landscape maintenance and planting or removal of plants in these areas. The regulations would not require replacement of existing gardens or shrubs. A letter from the County to the Schields regarding the easement was submitted in previous testimony before the Planning Commission, along with a copy of the deed conveying the easement. Staff believes that this letter has been misinterpreted. The letter states "At the completion of the channel relocation, the adjacent property owners will have complete control and custody of the land up the water's edge. Their rights will include landscaping, screening and trespass control so long as such rights do not hinder or obstruct the flow or use of the waterway." This statement in the letter is describing rights that were not conveyed to the County by the easement, that is, rights that the owners had prior to conveyance of the easement, and would continue to have following conveyance of the easement. The easement itself did not convey to the owners any rights that they did not previously hold (e.g., control of the property over and above future land use regulations). Conversely, the easement has no provisions to protect native vegetation or prohibit conflicting uses (other than development) identified through the GoalS process.