Item 1: Ordinance on EWEB Downtown Riverfront Property

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EWEB DOWNTOWN RIVERFRONT LAND USE COMPONENTS acknowledged lists are documented in the 2005 Eugene Goal 5 Water Resource Conservation Plan and the 1978 Goal 5 Inventory and Metro Natural Assets & Constraints Working Papers. Natural Resources The Riverfront Ecological Analysis and Design Report (Exhibit E) and the Plan Set (Exhibit G) document natural features on the subject site and provide relevant information in addressing these Goal 5 requirements. The eastern portion of the subject site is within the Willamette River Greenway, a natural asset, as identified in the Metro Natural Assets & Constraints Working 2 Papers. The Willamette River is adjacent to the development site and is identified as a Goal 5 3 Water Resource by the Goal 5 Water Resource Conservation Plan. As identified on the Adopted Protection Designations for the Eugene Goal 5 Wetland, Riparian, and Upland Wildlife Habitat Inventories Map dated November 14, 2005, the Willamette River is categorized as a Category A Stream. All parcels within the subject site that abut the Willamette River have /WR Water Resource Conservation overlay zoning. Pursuant to EC 9.4920(1)(c)(1.), Category A streams with a distinguishable high bank have a 100 foot setback applied to top of bank (TOB) as part of the /WR overlay zoning. The Willamette River adjacent the development site features a distinguishable high bank. The existing high bank was surveyed by OBEC Consulting Engineers on June 13, 2011 and is shown on Sheets S1 and S2 Existing Conditions Plans (Exhibit G Plan Set) and labeled as “top of bank”. The proposed amendments do not change protections established by the 100-foot /WR conservation setback in EC 9.4920(1)(c)(1.) or affect inventoried Goal 5 Water Resources. Pursuant to EC 9.4920(5)(a) and (d), areas which the applicant has shown to be developed prior to November 14, 2005, are excluded from /WR conservation areas. As demonstrated on Sheets R1 Regulatory Plan (Exhibit G Plan Set) and Exhibit L Pre-Development Images, the subject site contains buildings on a concrete foundation, pursuant EC 9.4920(5)(a), as well as paved and gravel parking areas that serve administrative and operations uses in adjacent buildings, pursuant to EC 9.4920(5)(d), that were developed prior to November 14, 2005; the date specified in EC 9.4920(5). Sheet R1 Regulatory Plan illustrates “/WR Prior Developed Areas” consistent with EC 9.4920(5); and, “/WR Conservation Areas” and “/WR Conservation Setback Areas.” The proposed amendments and zone change do not affect established protections. These areas will remain subject to the provisions of the /WR overlay zone. Through the applicant’s concurrent zone change request to implement the proposed zoning designations, the existing /WR overlay zoning will apply. Protection of this Goal 5 resource will therefore remain the same; regardless of the proposed plan designations change that would be allowed outside the regulated overlay. Scenic and Historic Areas The Eugene Goal 5 Water Resource Conservation Plan and the Goal 5 Inventory and Metro Natural Assets & Constraints Working Papers, specifically the Scenic Site Working Paper and the Archeological Sites Working Paper, do not identify any scenic or historic resources on the subject site. Oregon Revised Statute (ORS) 358.653 obligates state agencies and political subdivisions of the state to consult with the State Historic Preservation Office (SHPO) to avoid inadvertent impacts to historic properties for which they are responsible. In accordance with this statute, the applicant has submitted clearance forms for identified historic buildings to SHPO. The identified historic buildings on the subject site include: 2 Eugene Goal 5 Inventory and Metro Natural Assets & Constraints Working Papers . Willamette River Greenway Working Paper. Figure J1, Willamette River Greenway. April 12, 1978. 3 Eugene Goal 5 Water Resources Conservation Plan , Section III . Site #35 WA/WB Willamette River. October 24, 2005. Cameron McCarthy FINAL SUBMITTAL | December 5, 2012 {00091176;1 }