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Ordinance No. 20489
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2012 No. 20485-20503
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Ordinance No. 20489
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Last modified
10/11/2012 12:42:42 PM
Creation date
3/13/2012 2:39:35 PM
Metadata
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Council Ordinances
CMO_Document_Number
20489
Document_Title
Ordinance Redesignating and Rezoning "Rexius Site"
Adopted_Date
3/12/2012
Approved Date
3/13/2012
CMO_Effective_Date
4/13/2012
Signer
Kitty Piercy
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address specific requirements of Goal 5, <br />(b) The PAPA allows new uses that could be conflicting uses with a particular significant <br />Goal 5 resource site on an acknowledged resource list, or <br />(c) The PAPA amends an acknowledged UGB and factual information is submitted <br />demonstrating that a resource site, or the impact areas of such a site, is included in <br />the amended UGB area. <br />The proposed amendments do not create or amend a list of Goal 5 resources, a plan or a land use <br />regulation adopted in order to protect a significant Goal 5 resource or to address specific <br />requirements of Goal 5, and do not amend the acknowledged urban growth boundary. Therefore, <br />it is clear that the proposed amendments do not trigger the need to consider Goal 5 pursuant to <br />OAR 660 - 023- 0250(3)(a) or 3(c). Some analysis is required to determine whether OAR 660-023 - <br />0250(3)(b) triggers the need to further consider Goal 5 requirements. Subsection (3)(b) asks <br />whether '[t]he PAPA allows new uses that could be conflicting uses with a particular significant <br />Goal 5 resource site on an acknowledged resource list." <br />The applicant has provided a Natural Features Inventory for the subject site (see Exhibit I of the <br />application materials) which provides relevant information in addressing these Goal 5 <br />requirements. The inventory identifies the Amazon Channel bordering the north side of the <br />subject site which is a Goal 5 resource and currently protected by a Waterside Protection ( /WP) <br />zoning overlay which was applied as an implementation of the adopted West Eugene Wetlands <br />Plan ( The /WP overlay provisions beginning at EC 9.4700 define the allowed uses, <br />development standards and applicable resource setback areas, none of which will change as a <br />result of the proposed plan amendment. As shown in the applicant's Natural Features Inventory <br />(see Figure 11A of applicant's Exhibit 1) the regulated /WP overlay area is located along the <br />Amazon Channel, and a portion of the applicable 60 -foot setback from top of bank is identified as <br />an area of pre- existing development which is excluded from regulation under EC 9.4720. Through <br />the applicant's concurrent zone change request to implement the proposed plan designations, the <br />existing /WP overlay zoning will remain. Protection of this Goal 5 resource will therefore remain <br />the same, regardless of the proposed change from industrial to residential and commercial uses <br />that would be allowed outside the regulated overlay. <br />As noted in the applicant's Natural Features Inventory, there are also jurisdictional wetlands on <br />the subject site. These wetlands are included on the City's adopted Goal 5 inventory and are <br />designated as wetlands to be developed in the WEWP The wetlands on the subject site are <br />identified as Site 12a on the WEWP wetland designations map (see Figure 8 of applicant's Exhibit <br />1). The evaluation provided by the applicant in the Natural Features Inventory provides additional <br />information regarding the quality of the onsite wetland complex. Wetlands identified in the <br />WEWP to be developed are still subject to State and Federal wetland regulations, and would <br />require a Removal /Fill permit from the Oregon Department of State Land and the US Army Corps <br />of Engineers. As the existing, adopted level of protection for these Goal 5 wetlands will not <br />change as a result of the proposed plan amendment, and the wetlands will remain designated for <br />development under adopted local policy in the WEWP, no further analysis is required under <br />subsection (3)(b) noted above. <br />There are no additional resources that require analysis under the OAR's noted above. Based on <br />these findings, the proposed plan amendment is consistent with Goal 5. <br />Findings — Rexius Site /Amazon Meadows Page 3 <br />
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