Item 3: Ordinance on Lane Memorial Metro Plan and Refinement Plan Amendment

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Goal 5 - Open Spaces, Scenic and Historic Areas, and Natural Resources: To conserve open space and protect natural and scenic resources. The following administrative rule (OAR 660-023-0250) is applicable to this post-acknowledgement plan amendment request: (3) Local governments are not required to apply Goal 5 in consideration of a PAPA unless the PAPA affects a Goal 5 resource. For purposes of this section, a PAPA would affect a Goal 5 resource only if: (a) The PAPA creates or amends a resource list or a portion of an acknowledged plan or land use regulation adopted in order to protect a significant Goal 5 resource or to address specific requirements of Goal 5; (b) The PAPA allows new uses that could be conflicting uses with a particular significant Goal 5 resource site on an acknowledged resource list; or (c) The PAPA amends an acknowledged UGB and factual information is submitted demonstrating that a resource site, or the impact areas of such a site, is included in the amended UGB area. The proposed amendments do not create or amend a list of Goal 5 resources, a plan or a land use regulation adopted in order to protect a significant Goal 5 resource or to address specific requirements of Goal 5, and do not amend the acknowledged Urban Growth Boundary. Therefore, it is clear that the proposed amendments do not trigger the need to consider Goal 5 pursuant to OAR 660-023-0250(3)(a) or 3(c). Some analysis is required to determine whether OAR 660-023-0250(3)(b) triggers the need to consider Goal 5. (3)(b) asks whether ‘[t]he PAPA allows new uses that could be conflicting uses with a particular significant Goal 5 resource site on an acknowledged resource list.” The forested slopes on a portion of the site were identified on the City’s 1978 inventory of “Scenic Areas” (April 12, 1978 Scenic Sites Working Papers, Figure H2), which is a part of the City’s acknowledged Goal 5 inventory. The adopted working papers define standards for identifying sites and characteristics of scenic sites, but do not set the level of protection to be assigned to these sites. Although the site was identified on the 1978 inventory, no further protection of the site was assigned through subsequent processes. While the Willow Creek Special Area Study (1982) identified certain natural conditions that would necessitate development to occur under additional land use approvals, the site does not fall within the identified characteristics, nor is the site identified as having wetlands in the West Eugene Wetlands Plan (2000). These site characteristics and wetlands are discussed further in the concurrent zone change findings at EC 9.8865(2) below, in regards to the adopted Willow Creek Special Area Study and West Eugene Wetlands Plan policies. As no further Goal 5 protection measures have been locally adopted for the subject site, the residential uses allowed by the plan amendment would not adversely affect the Goal 5 “Scenic Area” site. Findings – Lane Memorial Gardens (MA 08-1and Z 09-1) Page 3