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the setback by 20 percent. This amendment would require an applicant for the adjustment under (21)(c) to demonstrate that the new enhancement standards under (21)( e) are met in order to use setback averaging on the site. The amendment would revise (21)(d) so that in order to qualify for the adjustment, the property would have to: (1) be undeveloped, (2) be such that the lot could not be developed without this adjustment, and (3) would have to meet the new standards in (21)(e). Councilor Kelly thanked Mr. Björklund and other staff for their work on the amendment. Councilor Kelly noted that staff supported the amendment as the changes would strengthen the intent of the adjustment provisions. The amendment to the motion passed unanimously, 7:0. Councilor Kelly, seconded by Councilor Taylor, moved to amend Subsection 9.8030(21)(a) to provide as follows: a) for any property containing a /WR conservation area due to a re- source identified as a wetland, upland wildlife habitat, or riparian site in the Goal 5 Water Resources Conservation Plan, an adjustment to the provisions of Eugene Code Section 9.4920 may be made if no previous adjustment under this section has been approved for the specific portion of the conservation area and all the following are met: 1. More than 33 percent of the development site is occupied by the combined area of the /WR conservation setback and any portion of the Goal 5 Water Resource Site that ex- tends landward beyond the conservation setback; 2. The proposed reduction in the /WR conservation area will result in the combined area described above constituting at least 33 percent of the developable site; 3. The parcel is not already developed with a building suitable for occupancy; 4. The area of the subject parcel is 10,000 square feet or less; 5. The portion of the development site removed from the /WR conservation area complies with Eugene Code Section 9.4980(2)(a)(4), (4)(b), (5)(a), (8), and (10); 6. The portion of the development site outside the /WR conservation area, including the area removed, complies with Eugene Code Section 9.4980(7); 7. The portion of the development site that remains in a /WR conservation setback area complies with Eugene Code Section 9.4980(1) through (5) 8. The reduction occurs first by reducing the area of any portion of the resource site that extends landyard beyond the conservation setback. If additional reduction in the /WR conservation area is needed to reduce the combined area to 33 percent of the develop- ment site area, the conservation setback described in Eugene Code Section 9.4920(1)(b) may be reduced the minimum necessary to meet the standard in subsection 2; and 9. The proposed adjustment is consistent with Eugene Code Section 9.8030(21)(e). Councilor Kelly said the amendment would primarily affect small parcels. The intent of the amendment was to avoid the creation of an undevelopable lot. The amendment fine-tuned the proposed code language by restricting it to lots of 10,000 feet or less and lots not already developed with a building suitable for occupancy. Councilor Papé noted that staff did not support the amendment. He requested an explanation. Mr. Björklund said the staff response was based on the fact that the 33-percent threshold adjustment was the only mechanism it could develop to address certain lots along the Willamette River that staff was aware of MINUTES—Eugene City Council November 14, 2005 Page 12 Regular Meeting