Item A: Water Quality Waterways Protections

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City Council Action History - Open Waterways Ordinance In April 2000, the Eugene City Council adopted an ordinance into Chapter 6 of the Eugene Code that required certain waterways in the City be left open (no piping or filling). The ordinance was subsequently challenged on the basis that it was a land use decision requiring greater justification and was remanded back to the City by the Land Use Board of Appeals. It ceased to be in effect as of July 2001. The current Water Quality Protected Waterways proposal, a regulation protecting specifically identified waterways for their water quality functions and values, essentially replaces the open waterways ordinance and includes the justification required of land use regulations. The Water Quality Protected Waterways ordinance before the City Council includes removal of the Chapter 6 Open Waterway provisions, which are no longer in effect but are still in the Code, and amending Chapter 9 of the Eugene Code with new provisions. Planning Commission Recommendation The Eugene Planning Commission has recommended that the City Council adopt the draft ordinance. More background on the Planning Commission input is provided in the May 14, 2008, Agenda Item Summary, and electronic files of Planning Commission meeting materials are available on the project website at: http://www.eugene-or.gov/wqpw. Supplemental information provided to the Planning Commission in response to questions and testimony, and printed copies of Planning Commission meeting materials and minutes have been provided for your review along with other material at the City Manager’s Office, Room 105 (in a binder labeled: Water Quality Protected Waterways - Supplemental Information). Those materials have been specifically incorporated into the record for this matter. CONSERVATION EASEMENTS Background A conservation easement is a restriction placed on a piece of property to protect its associated resources, such as wetlands, water quality, habitat, and migration routes. Generally, a conservation easement is a voluntary agreement tailored to meet a specific landowner’s needs and selectively targeted to protect specific conservation values. To be considered for tax benefits, a conservation easement must be monitored and reported upon annually and it must be legally binding, whether the property is sold or passed on to heirs. The easement is signed by the landowner (the easement donor), and the private organization or public agency (the party receiving the easement), and recorded with the property deed. Cost Estimate The proposed Water Quality Protected Waterways would affect a total of approximately 149.7 acres. Of these, 22.4 acres are in some form of City control (ownership and City rights-of-way), therefore the cost estimate is based upon acquiring a total of 127.3 acres, with 91.3 acres from 513 parcels and the remaining 36.0 acres from non-City rights-of-way (ODOT, Lane County). The cost estimate is based on a low to high range of comparable sales for residential, commercial, and industrial uses within the city limits for the year 2008. Because acquisitions would be in the form of conservation easements, and not fee title, a 10% reduction of fee title cost was accounted for. The following acquisition costs include both land and administrative fees (appraisals, wetland delineations, negotiations): $24,609,000 to $63,216,000 Estimated Acquisition Costs: Z:\CMO\2009 Council Agendas\M090128\S090128A.DOC