Item 6: Action: Ordinance on Water Quality Waterways Protections

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easements in the areas designated for protection, as an alternative to taking a regulatory approach. The council considered the conservation easement approach at a work session on January 28, 2009, and decided to move forward with the proposed regulatory approach incorporating staff recommended changes in response to public testimony. The council directed staff to return with the ordinance as proposed for action. 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 proposal before the City Council, 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ordinance includes repealing Ordinance No. 20194 and Code Sections 6.650, 6.655, 6.660, 6.665, and 6.670, which are no longer in effect but are still in the Code, and amending Chapter 9 of the Eugene Code with new provisions. Draft Ordinance and Exhibits - Updated To comply with City Council direction from its October 15, 2008, process session, this AIS includes two sets of materials. Attachment A includes the proposed draft ordinance and exhibits, updated as described below, in clean copy without legislative markups. Attachment B includes the same materials in legislative format (with the exception of the electronic and printed maps, for which there are references to the previously provided materials), reflecting modifications proposed since the January 28, 2009, work session. The attached ordinance includes two minor modifications made since the January 28 work session: ·Section 9.4780(2)(h)(12), page 9 of Attachment A – Modifications to clarify that the provision enabling the maintenance, repair, replacement, upgrading and expansion of telecommunications facilities applies to facilities used for the transmission of television and radio signals. Since the council’s last consideration of the ordinance, staff has learned that the term “telecommunications” as defined in the Eugene Code does not include facilities for the transmission of television and radio signals. This modification is consistent with the intent of this provision, in response to testimony received. Mitigation for any impacted water quality functions authorized by this section would be required. ·Ordinance Section 31, page 34 of Attachment A – with respect to the effective date of the ordinance, replace “three months from the date of its adoption by City Council and approval by the Mayor” to a specific date that is three months from adoption (“midnight on June 10, 2009”) for clarity. Throughout the ordinance, replace “effective date of this ordinance” with “June 10, 2009.” The list of affected taxlots inside city limits (Ordinance Exhibit B) and the list of affected taxlots outside city limits and within UGB (Ordinance Exhibit C) have been updated to reflect recent changes to the Lane County parcel data layer, as follows: ·Removal of one taxlot number reflecting a recent land survey resulting in property boundary changes that caused the taxlot to no longer be affected by this proposal. The total area of the lot impacted by the proposal was minimal, less than 900 square feet, or about 0.02 acres; Z:\CMO\2009 Council Agendas\M090309\S0903096.doc