Item 1: Ordinance on EWEB Downtown Riverfront Property

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EWEB DOWNTOWN RIVERFRONT LAND USE COMPONENTS Goal 3 – Agricultural Lands: To preserve and maintain agricultural lands. Parcels within the subject site are designated by the Metro Plan Diagram as High Density Residential, Heavy Industrial, Parks and Open Space, and Mixed Use Areas. Under City of Eugene Zoning, said parcels are zoned PL Public Land, I-2 Light-Medium Industrial, I-3 Heavy Industrial, and S-W Whiteaker Special Area Zone. Current land uses include EWEB administration facilities and commercial uses. Pursuant to OAR 660-015-0000(3) agricultural lands do not include lands located within acknowledged urban growth boundaries (UGB). The entirety of the subject site is located within Eugene’s UGB. Based on these findings, the proposed amendments and zone change are consistent with Goal 3. Goal 4 – Forest Land: To preserve forest lands. Goal 4 does not apply to land within the subject site. All parcels within the subject site are located within the City of Eugene UGB and do not contain forest lands. According to OAR 660-006-0020, Statewide Planning Goal 4 is not applicable within urban growth boundaries. The subject site does not affect forest lands because it does not contain forested lands and is located within the UGB. Therefore, the proposed amendments and zone change are consistent with Goal 4. Goal 5 – Natural Resources, Scenic and Historic Areas, and Open Spaces: To protect natural resources and conserve scenic and historic areas and open spaces. The following Oregon Administrative Rule (OAR 660-023-0250) is applicable to this post- acknowledgement plan amendment (PAPA) request: OAR 660-023-0250 (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 and zone change 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.” Significant Goal 5 resource sites and Cameron McCarthy FINAL SUBMITTAL | December 5, 2012 {00091176;1 }