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Ordinance B: An Ordinance Concerning Land Use Regulations; Amending Section 9.2751 of the Eugene Code, 1971; and Providing an Effective Date and a Sunset Date Councilor Pryor, seconded by Councilor Bettman, moved that the City Council adopt Council Bill 4979, an ordinance concerning land use regulations. Councilor Clark said he understood that the amendments resulting from the Minor Code Amendment Process (MiCAP) were intended to be minor in nature and able to be adopted quickly without significant controversy or threat of litigation. He asked about the purpose of Exhibit A, Attachment B: Findings, which had been distributed at the meeting. Alissa Hansen, Planning and Development Department, said the findings were inadvertently omitted from the agenda packet and were an attachment to Ordinance B. She said they were the same findings presented to the council in July 2008. Councilor Clark expressed concern that putting the stormwater manual language into the code (MiCAP Topic #8) was, in fact, a land use action. He asked staff to elaborate on the finding that the supply or availability of buildable lands would not be impacted. Ms. Hansen replied that there was no Statewide Planning Goal 10 issue related to adding that provision of the manual to the code. She said that provision was already in existing regulations that applied to development currently. She said the amendment was suggested by a resident of the River Road/Santa Clara area and the neighborhood supported including it in the code. She said no additional protections were added; the amendment only took language from the manual that already applied to development and inserted it in the code. Councilor Clark said he had heard testimony during the public hearing expressing concern that taking an administrative rule, which could be easily modified, and placing it in code, created a much more cumber- some process for revisions. He felt that the amendment did have an affect on land supply, the extent of which was not yet known, and should be subjected to further research before action was taken. Councilor Clark, seconded by Councilor Poling, moved to delete Section 17 from Ordinance A and direct the City Manager to send the issue addressed by the pro- posed Section 17, back to the Planning Commission for further review. Councilor Bettman stated she would not support the motion as she understood the drainage ditches were already protected under administrative rule and putting that into the code would not impact the land supply. She said using drainage ditches to manage stormwater was a beneficial practice that also reduced mainte- nance costs. Councilor Clark asked if lands that were subject to the current administrative rule were still listed in the inventory of buildable lands. Ms. Hansen said they were in the inventory. Councilor Clark pointed out that wetlands in West Eugene, which the community wished to protect, were also part of the inventory of commercial/industrial land. He favored respecting the character of the River Road/Santa Clara area and protecting the historic nature of dealing with stormwater, but he felt the City should be honest about that protection and take the subject lands out of the inventory of buildable lands. He was concerned that lands that were currently considered to be buildable were being made unbuildable. Ms. Bettman said the West Eugene wetlands plan slated property for protection with the caveat that it could be developed if the wetlands were mitigated. She gave the Hyundai/Hynix site as an example. MINUTES—Eugene City Council August 11, 2008 Page 2 Regular Meeting