Item 4: Ord. on Rexius-Amazon Meadows Metro Plan Amend

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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 further consider Goal 5 requirements. Subsection (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 applicant has provided a Natural Features Inventory for the subject site (see Exhibit I of the application materials) which provides relevant information in addressing these Goal 5 requirements. The inventory identifies the Amazon Channel bordering the north side of the subject site which is a Goal 5 resource and currently protected by a Waterside Protection (/WP) zoning overlay which was applied as an implementation of the adopted West Eugene Wetlands Plan (WEWP). The /WP overlay provisions beginning at EC 9.4700 define the allowed uses, development standards and applicable resource setback areas, none of which will change as a result of the proposed plan amendment. As shown in the applicant’s Natural Features Inventory (see Figure 11A of applicant’s Exhibit I) the regulated /WP overlay area is located along the Amazon Channel, and a portion of the applicable 60-foot setback from top of bank is identified as an area of pre-existing development which is excluded from regulation under EC 9.4720. Through the applicant’s concurrent zone change request to implement the proposed plan designations, the existing /WP overlay zoning will remain. Protection of this Goal 5 resource will therefore remain the same, regardless of the proposed change from industrial to residential and commercial uses that would be allowed outside the regulated overlay. As noted in the applicant’s Natural Features Inventory, there are also jurisdictional wetlands on the subject site. These wetlands are included on the City’s adopted Goal 5 inventory and are designated as wetlands to be developed in the WEWP. The wetlands on the subject site are identified as Site 12a on the WEWP wetland designations map (see Figure 8 of applicant’s Exhibit I). The evaluation provided by the applicant in the Natural Features Inventory provides additional information regarding the quality of the onsite wetland complex. Wetlands identified in the WEWP to be developed are still subject to State and Federal wetland regulations, and would require a Removal/Fill permit from the Oregon Department of State Land and the US Army Corps of Engineers. As the existing, adopted level of protection for these Goal 5 wetlands will not change as a result of the proposed plan amendment, and the wetlands will remain designated for development under adopted local policy in the WEWP, no further analysis is required under subsection (3)(b) noted above. There are no additional resources that require analysis under the OAR’s noted above. Based on these findings, the proposed plan amendment is consistent with Goal 5. Findings – Rexius Site/Amazon Meadows Page 3