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Home My WebLink AboutOrdinance No. 20201 ORDINANCE NO. 20201 AN ORDINANCE AMENDING THE WEST EUGENE WETLANDS PLAN BY ADOPTING NEW WETLAND DESIGNATIONS FOR SITE HG, REFERRED TO AS THE HYUNDAI SITE, AND RELATED TEXT AMENDMENTS; ADOPTING A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. The City Council of the City of Eugene finds that: A. On May 20,1992, the Eugene City Council adopted Ordinance No.19853 adopting the West Eugene Wetlands Special Area Study, a refinement plan to the Eugene-Springfield Metropolitan Area General Plan, subsequently amended in part by Ordinance No. 19867 adopted by the City Council on August 10, 1992. B. On March 6, 1995, the Eugene City Council adopted Ordinance No. 20002 amending the West Eugene Wetlands Special Area Study and changing the name to the West Eugene Wetlands Plan. C. The City of Eugene has initiated additional amendments to the West Eugene Wetlands Plan to amend Plan policies and text, and to adopt wetland designations for certain properties located within the Plan boundary. D. On March 19, 1996 the Eugene Planning Commission conducted a joint public hearing with the Lane County Planning Commission on draft amendments to the West Eugene Wetlands Plan. E. On May 6,1996 and on May 5 and May 12 and December 8,1997, the Eugene Planning Commission voted to recommend approval of amendments to the West Eugene Wetlands Plan. On June 4, 1996 and on September 16 and December 16, 1997, the Lane County Planning Commission voted to recommend approval of these amendments to the West Eugene Wetlands Plan to the Lane County Board of Commissioners. F. On February 18 and April 8, 1998, the Eugene City Council conducted a joint public hearing and a joint work session with the Board of County Commissioners of Lane County on . amendments to the policy and text of the West Eugene Wetlands Plan. G. On May 20,1998 the Eugene City Council adopted Ordinance No. 20119 amending the West Eugene Wetlands Plan to establish new Planned Transportation Corridor and Utility Corridor wetland designations, and on February 22, 1999, adopted Ordinance No. 20147 adopting Planned Transportation Corridor wetland designations for City of Eugene properties located within Ordinance - 1 the West 18th and West 1 ph Avenue road improvement projects. On June 24, 1998 the Board of County Commissioners adopted Board Ordinance No. PA 1117 amending the West Eugene Wetlands Plan to establish new Planned Transportation Corridor and Utility Corridor wetland designations and, on April 21, 1999, adopted Board Ordinance No. PA 1129 adopting Planned Transportation Corridor wetland designations for City of Eugene properties located within the West 18th and West 11 th Avenue road improvement proj ects. H. On July 8, 1998 the City Council adopted Ordinance No. 20126 amending the West Eugene Wetlands Plan by adopting new or revised Plan policies and revising Plan text. On November 10, 1998, after deleting policies related to criteria for protection, development and restoration, the Board of County Commissioners adopted Board Ordinance No. P A 1106, which adopted the other policy and text amendments of Ordinance No. 20126. The Board of County Commissioners and the Eugene City Council established the Council/Board Committee on West Eugene Wetlands Policy Amendments to review alternatives and prepare a joint recommendation to the Board and the Council on amendments to the West Eugene Wetlands Plan criteria for protection, development and restoration. I. On August 4, 1999, the Eugene City Council and Lane County Board of Commissioners held a joint public hearing on the proposed wetland designation criteria recommended by the Council/Board Committee. On October 11, 1999, the Eugene City Council adopted Ordinance No. 20171, amending Ordinance No. 20126 and adopting new and revised Plan policies related to the criteria for wetland designations. The Board of County Commissioners adopted Board Ordinance No. PA 1133 adopting the new and revised Plan policies on November 23, 1999. J. On April 12, 2000, the Eugene City Council and Lane County Board of Commissioners held a joint public hearing on wetland site designation amendments, text and policy amendments related to specific sites, and a policy amendment related to wetland mitigation replacement ratios. K. Evidence exists within the record that the proposal meets the requirements of Chapter 9 of the Eugene Code, 1971 and the requirements of applicable state and local law as described in the findings adopted in support of this Ordinance. NOW, THEREFORE, THE CITY OF EUGENE DOES ORDAIN AS FOLLOWS: Section 1. The West Eugene Wetlands Plan, as adopted by Ordinance No. 19853 and amended by Ordinance No. 19867, Ordinance No. 20002, Ordinance No. 20119, Ordinance No. 20126 (as amended by Ordinance No. 20171), Ordinance No. 20147 and Ordinance No. 20171, is further amended as set forth in attached Exhibit A incorporated by this reference as if fully set forth herein. Ordinance - 2 Section 2. The Eugene City Recorder, with the concurrence of the City Attorney and County Counsel, is authorized to administratively renumber any provisions of the West Eugene Wetland Plan (Plan) at the time the provisions adopted herein are incorporated into the Plan, and to correct any cross-references necessitated by the renumbering. Section 3. Although not part of this Ordinance, the findings in attached Exhibits Band C are adopted in support of this Ordinance. Section 4. Notwithstanding the provisions of the Eugene Charter of 1976, amendments to the West Eugene Wetlands Plan adopted by Exhibit A to this Ordinance shall not become effective until identical provisions are adopted by the Lane County Board of Commissioners. Section 5. If any section, subsection, sentence, clause, phrase or portion of this Ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision, and such holding shall not affect the validity of the remaining portions hereof. Passed by the City Council this Approved by the Mayor this 7th day of August, 2000 7th day of August, 2000 Jrc: 2!!7 ~J).~ Mayor Ordinance - 3 Exhibit A Site HG, Referred to as the Hyundai Site Wetland Designation Map Changes Revise the Wetlands Designation Map (Map 3) for Site HG, referred to as the Hyundai Site, as shown on the attached map. Text Amendments 34. Update Conceptual Plan Map (was Map 4) 45. Update Appendix C, Wetland Value Criteria, as follows:* High value wetlands to be protected include . . . [no change] Moderate value wetlands to be protected include. . . These wetlands [to be restored) include: . . . * Please refer to Ordinance No. PA 1107 and Ordinance No. PA 1108 for other amendments. Text in italics is not included in the amendment. Hyundai Site Ordinance, Exhibit A (Plan Amendments) Page 1 Exhibit B Findings of Consistency with Oregon Statewide Planning Goals The Eugene-Springfield Metropolitan Area General Plan is a local comprehensive plan acknowledged by the state's Land Conservation and Development Commission, and the West Eugene Wetlands Plan is an adopted refinement plan to the Metro Plan. This document contains findings that address the consistency of the attached amendments to the West Eugene Wetlands Plan with applicable Oregon Statewide Planning Goals (City of Eugene File RA 96-001). These amendments to the West Eugene Wetlands Plan will result in changes to existing locally adopted inventory information regarding two land use categories: natural resources and industrial lands. These amendments do not affect the supply of residential or commercial land. Accordingly, this analysis addresses Oregon Statewide Planning Goal 1 (Citizen Involvement), GoalS (Open Spaces, Scenic and Historic Areas, and Natural Resources), and Goal 9 (Economic Development). Other Statewide Planning Goals are not specifically implicated by this ordinance. This document also contains analysis, findings and conclusions on the impacts of the amendments on the supply of industrial lands in the Eugene-Springfield Metropolitan area. This analysis concludes that these refinement plan amendments are consistent with applicable Oregon Statewide Planning Goals. These amendments are part of a series of amendments, the remainder of which are contained in two separate ordinances. Statewide Planning Goal findings similar to those contained in this Exhibit are also contained in the exhibits to the other two ordinances. Background The amendments analyzed herein are changes to the Wetland Designations Map (Map 3) of the West Eugene Wetlands Plan. This map applies one or more of several defined wetland designations to each inventoried wetland in the study area. Each designation and its effect on buildable lands is explained in general terms below. Protection: This designation is applied to wetlands of exceptional value, and, coupled with state and federal wetland laws, has the effect of preventing fill, disturbance or development within wetlands so designated. Where this designation is applied to wetlands that were previously considered buildable, it is treated as a subtraction from the buildable lands inventory. Where this designation is applied to wetlands that were previously designated for restoration it is ignored in this analysis. Restoration: This designation is applied to lower quality wetlands whose value is determined primarily by their size, location and connectivity to other wetlands or waterways. These wetlands Hyundai Site Ordinance, Exhibit B (Statewide Planning Goal Findings) Page 1 are very important to the functioning of the larger wetland and hydrologic system because of their place in the landscape and their potential to be rehabilitated into higher quality wetlands. Where this designation is applied to wetlands that were previously considered buildable, it is treated as a subtraction from the buildable lands inventory. Where this designation is applied to wetlands . that were previously designated for protection it is ignored in this analysis. Development: This designation is generally applied to wetlands that are highly disturbed, and isolated and have services available for urban levels of development. Where this designation is applied to a site that was previously not designated, it is treated as having no impact on the buildable land inventory. Where this designation is applied to a site that was previously designated either for restoration or protection, it is treated as an addition to the buildable lands inventory . Planned Transportation Corridor: This designation is applied to areas previously designated for restoration or protection to allow needed roadway improvements. Since the application of this designation occurs only in non-buildable areas (i.e., wetlands designated for protection or restoration) and it only allows road improvements, it does not affect the buildable land inventory . Utility Corridor: This designation is applied to areas previously designated for restoration or protection to allow necessary maintenance and repairs to existing utilities. It also would allow construction of new underground facilities under certain circumstances. Like the Planned Transportation Corridor above, this designation does not affect buildable lands except ~here it is applied to new wetland sites. Only one new wetland site has a portion designated Utility Corridor, and this is reflected in the attached table. Goal I-Citizen Involvement Statewide Goal 1 calls for local governments "to develop a citizen involvement program that insures the opportunity for citizens to be involved in all phases of the planning process." The planning and adoption process for these amendments has incorporated many opportunities for citizen involvement at all phases of the process as detailed below. 1. This process began with a wetland inventory project in 1993, for which all affected property owners were contacted to obtain permission for the study to be conducted on their property. Only properties where owners gave permission were included in an on-site study. 2. After the wetland inventory was completed, the results were presented at a public workshop held on December 11, 1993. All affected owners, and everyone on the West Eugene Wetlands Plan interested parties list (more than 800 people) were sent notices about the workshop. 3. After studying the new wetland inventory data and incorporating citizen Hyundai Site Ordinance, Exhibit B (Statewide Planning Goal Findings) Page 2 comments from the 1993 Workshop, a second workshop was held to present to the public preliminary staff recommendations for amendments to the West Eugene Wetlands Plan. This workshop was held on June 28, 1994 and notices were sent to all those that got the earlier notice plus any who requested to be on the mailing list. 4. A third public workshop was held on December 5, 1995 to present revised staff recommendations for amendments to the public. Again, notice was sent to all affected property owners and more than 900 interested parties. Citizen and agency comments from this workshop were incorporated into the staff recommendations forwarded to the Eugene and Lane County Planning Commissions. 5. On March 18, 1996, a public hearing was held before the Eugene and Lane County Planning Commissions regarding these amendments to the West Eugene Wetlands Plan. Notice was sent to all affected property owners, all owners and occupants within 400 feet of affected properties, affected neighborhood groups and more than 900 interested parties. Bright orange notices were posted next to each affected property regarding the hearing. 6. On December 17, 1997, a second public hearing was held before the Eugene Planning Commission and the Lane County Planning Commission regarding four specific plan amendments. Notice was sent to all affected property owners and all who requested to receive notice, and all who participated in the Planning Commission proceedings. Notice was sent out more than 20 days before the hearing. The amendments and supporting documents were posted on the City of Eugene's World Wide Web Homepage before the hearing. 7. On February 18, 1998 a public hearing was held before the Eugene City Council and the Lane County Board of Commissioners regarding amendments to the policies and text of the West Eugene Wetlands Plan. Notice was sent to all affected property owners and all who requested to receive notice, and all who participated in the Planning Commission proceedings. Notice was sent out more than 20 days before the hearing. The amendments and supporting documents were posted on the City of Eugene's World Wide Web Homepage before the hearing. 8. On April 12, 2000 a public hearing was held before the Eugene City Council and the Lane County Board of Commissioners regarding these amendments. Notice was sent out more than 20 days before the hearing. The amendments and supporting documents were posted on the City of Eugene's World Wide Web Homepage before the hearing. We find that the opportunities for citizen involvement detailed above are beyond what is Hyundai Site Ordinance, Exhibit B (Statewide Planning Goal Findings) Page 3 necessary to achieve consistency with Goal 1. GoalS, Open Spaces, Scenic and Historic Areas, and Natural Areas The purpose of Goal 5 is to protect.natural resources, and conserve scenic and historic areas and open spaces. In addition to the Goal, the Land Conservation and Development Commission has adopted an administrative rule to aid local government in achieving the requirements of the Goal. The original Goal 5 Rule, OAR 660, Division 16, was adopted in 1991; revisions to the Goal 5 Rule were adopted in 1996 as OAR 660, Division 23. The 1991 Goal 5 Rule continues to apply to post-acknowledgment plan amendments, such as the West Eugene Wetlands Plan amendments, initiated before September 1, 1996. Goal 5 and the 1991 Goal 5 Rule focus on the process required to prepare a Goal 5 inventory and develop a program to achieve the goal on a site-specific basis, through preservation of a resource site; allowing conflicting uses and the loss of the resource; or mitigating negative impacts associated with the conflicting uses through partial protection. Findings: The West Eugene Wetlands Plan (WEWP) is an approved wetland conservation plan as defined in ORS 196.800(15). Approval for the existing plan as a Wetland Conservation Plan was granted by the Oregon Division of State Lands on Sep~ember 13, 1994. ORS 196.684(8) specifies the relationship between Wetland Conservation Plan approval and compliance with Goal 5: "Wetland conservation plans approved by the Director of the Division of State Lands pursuant to ORS 196.668 to 196.692 shall be deemed to comply with the requirements of any statewide planning goals related to wetlands, other than estuarine wetlands, for those areas, uses and activities which are regulated by the plan." [See also, ORS 197.279] Approval of the West Eugene Wetlands Plan by the Oregon Division of State Lands (DSL) as provided by law, satisfies all the requirements of any applicable statewide planning goal related to wetlands (including Goal 5) for those areas, uses and activities which are regulated by the plan. The amendments clarify and further refine the WEWP. The findings of goal compliance made as part of initial adoption of the WEWP remain essentially unaffected by these amendments. Amendments to the West Eugene Wetlands Plan adopted in 1998 and 1999 to revise the wetland designation criteria and add new wetland designations for Planned Transportation Corridor and Utility Corridor have been acknowledged for compliance with Goal 5. The site designations in these amendments are consistent with those acknowledged criteria, as outlined in Exhibit C to this ordinance. Plan policy and text changes do not significantly alter the function, design and structure of the Hyundai Site Ordinance, Exhibit B (Statewide Planning Goal Findings) Page 4 WEWP. The fundamental program developed for Goal 5 compliance essentially remains unchanged. The policies and criteria of the WEWP operate as a tool to further Goal 5 compliance by assisting in determining the significance of wetland resources, the conflicts and the economic, social, environmental and energy values involved in protecting the resource. That analysis approaches the wetlands of West Eugene as part of an interconnected natural system rather than as separate, discrete sites. The focus remains inside the West Eugene Wetlands Special Study Area, keeping in mind that the larger system of which these wetlands are a part extends beyond this and other political boundaries. As detailed in Exhibit C, the amendments are consistent with the applicable policies of the Metro Plan and the West Eugene Wetlands Plan. Those are the same policies previously acknowledged as being in compliance with statewide planning goals; and, in the case of the West Eugene Wetlands Plan policies, deemed to be in compliance with applicable statewide goals by DSL approval of the WEWP as a wetlands conservation plan. The inventory and significance determinations for individual sites meet the DSL requirements, and the plan amendments comply with ORS 196.681 to 196.684 and OAR 141-120. For those reasons, these amendments to the West Eugene Wetlands Plan comply with Statewide Planning Goal 5. Goal 9 - Economic Development. The purpose of Goal 9 is to provide adequate opportunities throughout the state for a variety of economic activities vital to the health, wealth, and prosperity of Oregon's citizens. Methodology for Goal 9 Analysis To address consistency with Statewide Planning Goals 9, the amendments were analyzed to document additions or reductions to the supply of industrial lands within the Metro area, due to these amendments to the Plan. These amendments do not affect any land designated for commercial or residential use. This analysis is based on existing inventory, supply and demand data provided in the Metropolitan Industrial Lands Special Study, as well as on site information not included in this study. The attached tables include areas that involve a change in designation from "protect" or "restore" status to development (an increase in supply), and areas that involve a change from "development" or "undesignated" status to "protection" or "restoration" (a decrease in supply). Designation changes that allow development, but do not affect the inventory of available land are also shown in the accompanying tables. The affected areas were identified and their acreage was calculated using the regional Geographic Information System. In some cases, the acreage figures were estimated using manual calculation methods, while most often computer mapping analysis was used. This information has further been categorized by land use type and Metro Plan designation (see Tables 1 and 2, attached). This information was used to summarize the potential impacts that these refinement plan amendments would have on the existing supply of industrial lands in the Metro area. Narrative summaries of the results of this analysis are included below. Hyundai Site Ordinance, Exhibit B (Statewide Planning Goal Findings) Page 5 The following additional points will clarify the scope of this analysis: 1. This analysis addresses amendments which directly affect Site HG (the Hyundai site). 2. This analysis only considers impacts to the local inventory of buildable land resulting from these amendments to the West Eugene Wetlands Plan. It does not take into consideration changes resulting from other local plans, policies, or actions. 3. The Metropolitan Industrial Lands Inventory Report (July 1993) identifies a projected demand for industrial land in a range from 650 acres to 1,172 acres. This projected demand was not broken down into any sub-categories, such as size, type or location. As a result the analysis here does not address these sub- categories. 4. The Metropolitan Industrial Lands Inventory Report (July 1993) includes land inside the adopted urban growth boundary, which encompasses land both inside and outside the Eugene city limits. Urban services are available to all properties within the city limits, but are not immediately available to properties outside the city limits. These properties outside the city limits must annex to the City of Eugene in order to receive urban services. Consequently, if land outside the city limits is removed from the buildable lands inventory, it has a less immediate effect because these properties are not developable until they are annexed. All of the land included in these amendments are within the Eugene City Limits. 5. All areas designated by these amendments for protection and restoration are vacant, undeveloped areas. Therefore, these amendments will not apply to existing development, and do not apply new land use restrictions to existing development. The wetlands designations included in these amendments affect an undeveloped portion of three partially developed parcels, as shown in the table below: Site Name Map Number Lot Number New Designation Acreage HG 18-04-04-20 400 Develop 2.7 HG 18-04-04-20 1300 Protect 26.9 HG 18-04-04- 20 1300 Utility Corridor 0.2 HG 18-04-04-20 1300 Develop 2.4 HG 18-04-04-20 1300 Restore 0.5 Hyundai Site Ordinance, Exhibit B (Statewide Planning Goal Findings) Page 6 HG 18-04-04-20 1400 Restore 23.5 HG 18-04-04-20 1400 Develop 2.9 6. On Site HG, the acreage removed from the buildable lands inventory (in tables 1 and 2, attached) was larger than the wetland acreage designated, due to non- wetland areas surrounded by wetland designated for protection or restoration. These areas would be rendered unbuildable since they are either too small to develop or because there would be no possible access to them. These acreages are estimated in the tables attached, and incorporated into the findings below. 7. Additional wetland sites are proposed to be designated in two separate ordinances. In order to assess the cumulative impact to the buildable lands inventory of all the amendments (including those in this ordinance along with those in the other two ordinances) the impacts from the other two ordinances must be accounted for. One of these ordinances was adopted previously, and the buildable lands impact analysis for that ordinance is referenced below. The other ordinance affects Site H2 (the Speedway site). This analysis assumes that none of the wetlands on industrial land being designated on Site H2 would be available for development, since wetland designations for that site have not been adopted. (Note: some of the wetlands on site H2 are already designated in the existing West Eugene Wetlands Plan, and those wetlands are not reflected in this figure). On Site H2 (the Speedway site), there are 10.2 acres of wetland designated for light medium industrial use that are being designated at this time in a separate ordinance. Assuming that all of the wetlands on Site H2 are unavailable for development allows this analysis to conclude, no matter how much of the wetlands on that site are designated for protection or restoration, whether sufficient land remains in the buildable lands inventory. Findings for Industrial Lands: The Metropolitan Industrial Lands Special Study, including both the Inventory Report and the Policy Report, describes the long-term supply and demand for industrial lands metro-wide. In 1992, these documents were approved by the Eugene City Council, the Springfield City Council and the Lane County Board of Commissioners. According to the data and findings contained in these reports (as of January 1, 1989), there were approximately 3,600 acres of buildable industrial land in the Metro area. I This figure is broken down into separate industrial land use categories in the "Buildable Acres" table below. The twenty-year demand projection for Metropolitan Industrial Lands Inventory Report, Lane Council of Governments, 125 East 8th Avenue, Eugene, Oregon, 97401, July 1993, p.73. Hyundai Site Ordinance, Exhibit B (Statewide Planning Goal Findings) Page 7 buildable industrial land was between 650 and 1,172 acres.2 Wetland designation changes to protection or restoration as a part of the amendments included in this ordinance would decrease the available inventory of industrial land by 51.2 acres (see Table 2 below). Since there are no additions to the inventory of buildable industrial lands, the net change based on these calculations would be an overall decrease of buildable industrial land by 51.2 acres. This represents a reduction in the overall supply of industrial land of 1.4%, leaving 3,553.1 acres of inventoried industrial land unaffected by these refinement plan amendments. This represents a supply that is 2,381.1 acres more than the maximum projected twenty-year demand for 1,172 acres. Although the industrial land inventory is broken down into different types of industrial land, the demand projection analysis does not break down the industrial land into smaller categories. The acreage figures above include estimates of non-wetland acreage that would be unavailable as a result of designating surrounding wetlands for protection or development. This occurs on site HG, where, due to the' configuration of wetlands designated for Restoration, 3.8 acres of non-wetland would be unavailable for development in addition to the wetlands designated for Restoration (see attached tables). Buildable Acres3--Industrial Land Heavy Special Light Special Mixed! Non- Total Industrial Heavy Medium Light University Industrial (all cate- Indus- Indus- Industrial gories) trial trial Eugene 254.18 500.41 1,230.78 734.52 43.12 132.48 2,895.49 UGB Springfield 198.34 0.00 198.77 255.17 4.22 52.29 708.80 UGB Metro 452.52 500.41 1,429.55 989.69 47.34 184.77 3,604.29 UGB Total . Impacts to Industrial Lands Inventory from WEWP Amendments Net Impact 0.0 0.0 0.0 -51.2 0.0 0.0 -51.2 of Amdmts. (acres) 2 Ibid., p.73. Metropolitan Industrial Lands Inventory Report, Lane Council of Governments, 125 East 8th Avenue, Eugene, Oregon, 97401, July 1993, p. 47 Hyundai Site Ordinance, Exhibit B (Statewide Planning Goal Findings) Page 8 Percentage 0.0% 0.0% O.Oo~ -5.2% 0.0% 0.00/0 -1.40/0 Impact Inventory 452.5 500.4 1,429.5 938.5 47.3 184.8 3,553.1 Remaining (acres) The reductions to the buildable lands inventory affect a proportionately small area in comparison to the total supply of available industrial land. The amendments to the West Eugene Wetlands Plan leave adequate industrial land within the Eugene-Springfield metropolitan area within the 20-year planning period. Therefore, these amendments are consistent with Goal 9 with respect to industrial land. The cumulative impact on the buildable lands inventory of these amendments together with amendments included in other ordinances adopted previously can be calculated by combining the impacts of the three ordinances. The ordinance which contains amendments affecting Site H2 (the Speedway site) would remove up to 10.2 acres from the industrial buildable lands inventory. The remaining ordinance (the "multiple sites" ordinance) contains amendments that would remove a total of 54.8 acres of industrial buildable land. Together with the reductions from amendments affecting the Hyundai site (included in this ordinance), these designations would bring the total reduction in buildable industrial land from all three ordinances to 116.2 acres. This would leave 3,488.1 acres of buildable industrial land available, which represents a supply that is 2,316.1 acres more than the maximum projected twenty-year demand for 1,172 acres of industrial land. Therefore, after the amendments in all three ordinances are adopted, there will be sufficient buildable industrial land remaining to meet the projected 20-year demand. As stated above, these amendments do not affect land designated for commercial use in the Metropolitan Area General Plan. Therefore, no analysis of impacts to the supply of commercial land is required under Statewide Planning Goal 9. Conclusions The above findings show that these amendments to the West Eugene Wetlands Plan are consistent with Oregon Statewide Planning Goals 1, 5 and 9. This conclusion is based on: 1) the relatively minor impact (through restrictions of land use) that wetland designation changes will have on the overall supply of industrial land, 2) the fact that these minor impacts will not prohibit or significantly interfere with meeting the projected twenty-year buildable land demands as it is indicated in the inventory report noted above, 3) the abundant opportunities provided for citizen involvement throughout the planning process and 4) approval of these amendments by the Oregon Division of State Lands as amendments to the West Eugene Wetland Conservation Plan. No further analysis of Statewide Planning Goals is necessary for these amendments to the West Eugene Wetlands Plan (RA 96-1). 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E E <C ~ ~ C>C>C>C>C> fI) J: J: J: J: J: 00000 j ~~f6~~ 00000 NNNNN Q.~~~~~ III~~~~~ ::i ~~~~~ Exhibit C Findings of Consistency with Refinement Plan Amendment Criteria Table of Contents: I. Introduction ..................................................... Page 2 II. General Findings ................................................. Page 2 III. Analysis of Consistency with Adopted Wetland Designation Criteria . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Page 3 A. Protection Criteria ............................................. Page 4 B. Development Criteria. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Page 7 C. Restoration Criteria ............................................ Page 9 D. Summary of Consistency with Wetland Designation Criteria. . . . . . . . . . . Page 10 IV. Analy:sis of Wetland Designations for the Hyundai Site Against Approval Criteria for Refinement Plan Amendments ..................................... Page 13 A. Metro Plan Policies ........................................... Page 14 B. WEWP Goals. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Page 18 C. WEWP Policies .............................................. Page 22 D. Summary of Consistency with Approval Criteria .................... Page 23 Hyundai Site Ordinance, Exhibit C (Refinement Plan Amendment Findings) Page 1 I. Introduction The findings that follow include an analysis of the Hyundai site (HG) against the adopted wetland designation criteria. These criteria have elsewhere been found consistent with the Eugene Code criteria for adoption of a refinement plan amendment including consistency with Metro Plan criteria and remaining policies in the plan being amended. Therefore, since the wetland site designation meets the criteria for designation of wetlands and those criteria are consistent with code criteria, Metro Plan policies and goals and policies in the Wetlands Plan, we can conclude that the designations are also consistent with code criteria, Metro Plan policies and goals and policies in the Wetlands Plan. Even though consistency has been demonstrated in this manner, the findings below go further to include direct application of Metro Plan policies and Wetlands Plan goals and policies to the wetland designations, and finds them to be consistent with these goals and policies. II. General Findings The wetland designations for the Hyundai site (Site HG) include areas for Protection, Restoration and Development. The wetlands generally on the north end of the site are proposed for Development. This includes wetlands adjacent to where Hyundai's phase 1 is constructed, and where additional construction associated with phases 2 and 3 is planned. The wetlands generally in the southeast portion of the site are proposed for Restoration. This includes a portion of Hyundai's mitigation site for phases 1 and 2. The majority of the wetland meadow in the southwest field is proposed for Protection. On the whole, these designations provide for significant development opportunities, opportunities for expansion of the existing facilities, opportunities for mitigation of impacts to wetlands designated for Development, and Protection of valuable wetlands and associated plant and animal habitat. The following information about the Hyundai site was submitted through the December 17, 1996 public hearing process and appears to be substantiated by evidence in the record. References follow each item. 1. One mature blooming plant of Erigeron decumbens var. decumbens was found within the phase 3 area, and no other state or federal listed species were found. The surveyors noted that significant areas of potential habitat had been disturbed by heavy machinery making complete survey impossible in those areas. (Pfeiffer, in 12/17/97 Planning Commission packet) 2. No systematic survey for Cicendia quadrangular is was conducted on the site. However, about 50 C. quadrangular is plants were found along the east-west ditch, outside the proposed phase 3 area. C. quadrangularis is included on List 2 (endangered throughout range) of the Oregon Natural Heritage Program. (Pfeiffer-- 12/17/97 PC packet) 3. At least four acres of wet prairie habitat dominated by native species are distributed throughout the southeast field, according to surveys conducted by Hyundai contractors for Hyundai Site Ordinance, Exhibit C (Refinement Plan Amendment Findings) Page 2 the on-site mitigation project. (#163) 4. Within the prairie habitat inside the southeast field, the ratio of native dominant and sub- dominant plant species to non-native dominant and sub-dominant plant species is roughly the same as that in the Willow Creek Natural Area's high quality wet prairie habitat. (#99, #163) 5. Construction of phase 1 ofHyundai's development began in 1996. Site maps show that buildings associated with phase 1 are approximately 600 feet from the wetlands in the southeast field. These maps also show that the stormwater treatment facility is approximately 300 feet from the nearest wetlands in the southeast field. (Pfeiffer, Attachment 6--12/17/96 PC packet) 6. Hyundai's on-site mitigation has been constructed and has altered hydrology on the site. The grading plan for the mitigation area was altered to provide for a hydrologic connection between the mitigation area and the wetlands in the southeast field. Further, the Corps permit that authorized the mitigation project included a special condition (#4) that "requires the permittee to maintain the hydrological connection between the wetlands in the northwest corner of the site and those downslope at all times." (#146, #175, Monical-12/17/96 PC packet) 7. According to the Corps of Engineers "the primary source of hydrology to the wetlands was determined to be precipitation (SRI/Shapiro Technical Memorandum to Barbara Priest dated October 23, 1995). This assessment appears to be confirmed by both the drainage patterns, and the pattern of the wetlands on the landscape." (Monical-12/17/96 PC packet) 8. SUrveys were conducted on the Hyundai site for Oregon chub and salmonid species and none were found. No survey was conducted for other aquatic species, amphibious species or other water-dependent species. (Pfeiffer--12/17/96 PC packet) 9. A population of Erigeron decumbens var. decumbens exists 200 meters (off-site) to the east of the E. decumbens plants on the Hyundai site. (#167) 10. Geo-technical studies conducted by GeoEngineers in 1995 state that no fill was detected south of the east-west ditch in a study that involved 25 test pits and 9 deeper borings. All fill was found north of the east-west ditch, in the area now occupied by stormwater treatment facilities. (Reed, #99) The following information was received from the Oregon Division of State Lands on March 7, 2000 (Patti Caswell, ODSL, personal conversation): Hyundai's wetland fill permit from the Oregon Division of State Lands for Phases 1 and 2 expired on January 28, 1999. The US Army Corps of Engineers permit is still valid, but will expire on Hyundai Site Ordinance, Exhibit C (Refinement Plan Amendment Findings) Page 3 December 19,2000. The following interpretations of terms and phrases used in the Wetland Designation Criteria are adopted herein and applied to the analyses under the Criteria below. Site: The term "site," as used in the Wetland Designation Criteria, is interpreted to mean the entire wetland site, as mapped in the West Eugene Wetland Conservation Plan Inventory. Each "site" in the inventory has a unique label (e.g., HG). Although the entire wetland system is interconnected, each individual site has some characteristics that make it distinctive from other sites. On the inventory maps, all wetlands that share the same site label are considered to be part of one wetland site. For the purposes of the analysis under the Wetland Designation Criteria, each (entire) site is analyzed under the Criteria to determine how to designate the site. On sites where this analysis leads to the conclusion that two or more wetland designations should be applied to the site, it is instructive to apply the Criteria to sub-areas of the site, although this is not required. This is not be construed to mean these sub-areas are considered "sites." Rather, this additional level of analysis is offered to provide confirmation of the designation of sub-areas within the site that receive multiple wetland designations. Adjacent to or surrounded by existing development: This phrase, as used in Development Criterion #3 ("Site is adjacent to or surrounded by existing development") is interpreted to mean that existing development is close enough to the site (including existing development that is on the site), or surrounds enough of the site perimeter so as to have a negative impact on the functioning of the wetlands within the site. This interpretation is deemed important, since many of the wetlands in the West Eugene Wetlands Plan area occur within the context of urban development. If this phrase was interpreted to mean simply that there is some development on an adjacent property, or to mean that development occurs somewhere to the west, north, east and south, then Criterion #3 would fail to be useful in distinguishing one site from another, since nearly all of the sites would meet the criterion. Applying this interpretation, the analysis below looks at how close development is to the wetlands on the site, and how much of the perimeter of the wetland is adjacent to development. Those sites where development is several hundred feet away from the wetlands, or where development is adjacent to only a small portion of the perimeter are not considered to have met the criterion. One relative measure that is used for comparison is the 100 foot maximum wetland buffer setback, which is required for protected wetlands. The findings and legislative record for the adoption of the wetland buffer setback provisions establish that this distance provides adequate protection to wetlands from adjacent urban land uses (Ordinance No. 20006, enacted April 24, 1995). Where adjacent development is several times further from the wetlands than this, the development is not considered close enough to impact the wetlands, and therefore, is not considered adjacent. Cannot be protected in perpetuity through the West Eugene Wetlands Program: This phrase, as used in Development Criterion #6 (Site characteristics, including size, location and surrounding uses and activities are such that there exists a high probability that the site cannot be protected in perpetuity through the West Eugene Wetlands Program), is interpreted to mean either: Hyundai Site Ordinance, Exhibit C (Refinement Plan Amendment Findings) Page 4 (1) The site cannot be controlled through the acquisition (by one or more West Eugene Wetlands Program Partners) of easements or fee title ownership in order to manage the site for wetland protection. In the context of Criterion #6, it is the site characteristics and the characteristics of adjacent areas that would prevent site control and management, as opposed to lack of funding for acquisition (for example, a regulation that prohibits acquisition of property with certain characteristics) ; or (2) That conditions or activities adjacent to the wetland site, which are outside the control of the Wetlands Program, pose a significant environmental threat to the wetland site (for example, contaminated groundwater on an adjacent parcel is likely to migrate to the wetland site and cause damage to the wetlands). III. Analysis of Consistency with Adopted Wetland Designation Criteria The proposed designations for the Hyundai site are reviewed below for consistency with the wetland designation criteria adopted by the Eugene City Council on October 11, 1999 and by the Lane County Board of Commissioners on November 23, 1999. These new criteria are used in place of those contained in Appendix B of the original Plan. The application of "Standards" and "Criteria" as used in the findings below are defined in the West Eugene Wetlands Plan (WEWP) Glossary as follows: "standard: a written objective condition, which if met by a site, automatically determines the wetland designation to be applied." "criteria, criterion: a written measure of character or quality, which is considered together with all other criteria to make a wetland designation decision on sites which do not meet any of the standards. " The site is evaluated as a whole, and is also evaluated within three sub-areas (see map 1 attached): the "north area," the southeast field, and the southwest field. The standards and criteria are shown below in italic type, followed by applicable findings for each. 3.17 The following standards and criteria shall be used to designate newly identified wetland sites or portions of sites (i.e., undesignated wetlands within the West Eugene Wetlands Plan boundaries) for protection, development or restoration on the Wetlands Designation Map (Map 3) of the West Eugene Wetland Plan. These standards and criteria provide the framework for maintaining a balance within the plan area between environmental protection and sound urban development, consistent' with state and federal wetland law. For each site or portion of a site, designations shall be based upon either 1) finding that the site meets at least one of the standards, or 2) a thorough consideration of how all the criteria apply to the site. A wetland site need not meet all of the criteria for a given Hyundai Site Ordinance, Exhibit C (Refinement Plan Amendment Findings) Page 5 designation in order to be given that designation. The restoration designation shall be used to identify sites considered important primarily for their location and function in the larger wetland system, and the restoration criteria shall be applied when a site does not clearly meet either the protection or development standards or the protection or development criteria as a whole. Protection Standard 1. Sites designated "Natural Resource" on the Metropolitan Area General Plan diagram shall be designated for protection. No portion of the Hyundai site is designated "Natural Resource" on the Metro Plan diagram. The site does not meet this standard. Criteria 1. Site contains population(s) of one or more rare plant or animal species and contains sufficient and suitable habitat for the long-term protection of the population(s). This criterion is not met if only small occurrences of a species are found on a site with limited suitable habitat that is isolated from other undeveloped parcels. Rare plant surveys completed during 1996 found two individual plants of Erigeron decumbens var. decumbens, one of which occurs within the southeast field. The surveyors also mention in their report that they found a population of Cicendia quadrangularis along the east-west ditch, 300 feet from Willow Creek Road. This population of Cicendia is not within the southwest or southeast fields or the "north area", according to maps of that area submitted by Hyundai. The surveyors also say that they did not systematically search for Cicendia. Both of these species are listed as "rare" in the West Eugene Wetlands Plan. No rare threatened or endangered plants were found within the area designated for Development on the north end of the site, or in the area designated for Protection in the southwest portion of the site. The intent of the wording of the criterion above was to separate sites with large or diverse populations from those with just a few individual plants of one species. We find that one individual plant separated by 200 meters and a road from a nearby population does not qualify as a population unto itself or as part of the nearby population under the intent of this criterion. Therefore, we conclude that no part of the site meets Protection Criterion # 1. 2. Site is primarily within the 100 year floodplain. None of the site is within a 100 year floodplain. Therefore, no part of this site meets this criterion. Hyundai Site Ordinance, Exhibit C (Refinement Plan Amendment Findings) Page 6 3. Site is within 100 feet of a waterway (stream) designated for protection on Map 3 of the West Eugene Wetlands Plan. The intermittent channel (the east-west channel) that runs through the Hyundai site is mapped in the adopted West Eugene Wetlands Plan (Map 3) as a protected waterway. Portions of the southeast field, the southwest field and the "north area" abut this channel. Therefore, criterion # 3 is met for the site as a whole, as well as each of the sub-areas. 4. Site has a direct perennial or intermittent surface water connection to a wetland designatedfor protection on Map 3 of the West Eugene Wetlands Plan. The Hyundai site as a whole, and the southwest and southeast fields individually, have a direct hydrologic connection to Willow Creek and the Willow Creek Natural Area via the east-west channel, which flows under Willow Creek Road. Culverts under Willow Creek Road maintain a surface water connection between the two sites. A portion of the north area also is hydrologically connected with the east-west ditch, and therefore with protected wetlands in the Willow Creek Natural Area. These areas meet Criterion #4. The wetlands west of the existing phase 1 buildings (a portion of the "north area") may not have a direct surface water connection with protected wetlands via the east-west ditch, and, therefore, if analyzed separately, may not meet this criterion. 5. Site contains a high diversity of wildlife habitat or contributes to the diversity of wildlife habitat within the region. The Hyundai site as a whole contains several habitat types and the ecologically important edges between these habitat types. The site includes wetland prairie, upland prairie, ash-forest wetland, open water, and oak savannah habitats. The site as a whole also contributes to the diversity of habitat in the region because of its large prairie area and the juxtaposition of habitat types. Therefore, the site as a whole meets this criterion. Although the southeast field is not by itself diverse in terms of habitat, it does contribute significantly to the habitat of the site as a whole, and to the Willow Creek Basin and the West Eugene wetland system as a whole. Diversity of habitat is evaluated not only by counting the number of vegetative communities, but also by evaluating their contribution based upon their function, size and place in the landscape. In the Willow Creek basin, this site provides the only large prairie habitat corridor between Oak savanna habitat and Eugene's most valuable wetlands in the Willow Creek Natural Area. Further, because wet prairie habitat is extremely scarce, this remnant of wet prairie makes an important contribution to the overall diversity of wetland habitat in the larger area. We conclude that the southeast field contributes significantly to the diversity of wildlife habitat in the region, and therefore meets this criterion. The southwest field contains wet prairie and ash forest wetlands and is adjacent to the oak savannah habitat to the west. This area also functions as a wide corridor for wildlife. These functions contribute to the diversity of habitat on the site as well as in the region, therefore, the Hyundai Site Ordinance, Exhibit C (Refinement Plan Amendment Findings) Page 7 southwest field meets this criterion. The wetlands within the "north area", which consist primarily of wet seeps on the hillside above the existing facilities, do not significantly add to the diversity of habitat on the site or within the region. The portion of the north area which lies to the south of the east-west ditch is small (0.4 acre) and is a narrow wetland surrounded by non-wetland. Due to these characteristics, this area does not contribute significantly to habitat diversity. Therefore, considered separately, the north area does not meet this criterion. 6. Site has unique characteristics which make it of special importance to the functioning of the larger wetland system in West Eugene, and protection of site would further the goals and objectives of the West Eugene Wetlands Plan. The unique characteristics of the Hyundai site are the combination of its size, its remnant wet prairie habitat, its location in the landscape between oak savanna uplands and high value wetlands, and its hydrologic connection with and contribution to Willow Creek. We conclude that the site as a whole meets this criterion. Similar to the whole site, the unique characteristics of the southwest and southeast fields are the combination of their size, remnant wet prairie habitat, location in the landscape between oak savanna uplands and high value wetlands, and hydrologic connection with and contribution to Willow Creek. We conclude that the wetlands within the southwest and southeast fields meet this criterion. The "north area" does not contain the expanse of wet prairie, the variety of wetland types, nor does it provide the connecting corridor that the southeast and southwest fields provide. The portion of the north area which lies to the south of the east-west ditch is small (0.4 acre) and is a narrow wetland surrounded by non-wetland. Due to these characteristics, this area does not contribute significantly to the uniqueness of wetlands in the adjacent southeast field. Therefore, the "north area" does not meet this criterion. 7. Presence of unique Willamette Prairie Grassland plant community. Site contains indigenous wet prairie habitat. This criterion is intended to apply to areas of wet prairie habitat that are large or of moderate to high quality. Evidence in the record indicates that approximately 4 acres of moderate (or better) quality wet prairie habitat exist within the southeast field. Evidence in the record shows that the prevalence of non-native species in the wet prairie habitat within the southeast field is approximately the same as in the highest quality wet prairie in the Willow Creek Natural Area. In addition, field surveys for the on-site mitigation project confirmed that more than 4 acres of wet prairie dominated by native species lies within the southeast field. The southwest field also contains primarily wet prairie type emergent wetlands, and, therefore, meets this criterion. Therefore, we conclude that the site as a whole meets this criterion, and the southwest and southeast fields separately meet this criterion. Hyundai Site Ordinance, Exhibit C (Refinement Plan Amendment Findings) Page 8 The "north area" primarily contains wetlands in the "pasture" category (8.1 acres), with a somewhat smaller proportion of wet prairie wetlands (2.2 acres). There is no evidence in the record to indicate whether or not the 2.2 acres of wet prairie within the north area contains moderate or better quality wet prairie. The 2.2 acres includes three separate wetland areas, the largest of which includes 1.7 acres. Within the entire West Eugene Wetlands Plan area, there are 33 sites that contain wet prairie habitat. These wet prairie areas range in size from less than 1 acre to over 90 acres. Twelve sites have contiguous wet prairie areas greater than 20 acres. In this context, 2.2 acres fall on the small end of the range of wet prairie acreage. Therefore, these wet prairie areas are not of sufficient size to be considered "large" in the context of Protection Criterion 7. Therefore, the north area does not meet Protection Criterion 7. Development Standard 1. The site shall be designated for development if, at the time of designation of the site in the West Eugene Wetlands Plan, it has a valid, approved wetland impact permit from the Oregon Division of State Lands and the u.s. Army Corps of Engineers. Hyundai's phase 1 and 2 areas were approved for wetland impact permits in 1995. Since then, the phase 1 facility has been constructed, and the phase 2 facility has not. The Oregon Division of State Lands permit covering the phase 2 area expired on January 28, 1999, and therefore this area does not meet this standard. The U.S. Army Corps of Engineers permit will expire on December 19,2000. No other part of the site has had an approved wetland fill permit. Therefore, no part of the site meets this criterion. Criteria 1. Site is relatively isolated or disconnected from the larger system of wetlands and waterways. Wetlands throughout the Hyundai site are hydrologically interconnected, and are hydrologically linked to wetlands to the east through a surface water channel passing under Willow Creek Road. Therefore, these wetlands are connected to both wetlands and waterways, and the site as a whole does not meet this criterion. The wetlands within the southeast field are bordered by a wetland mitigation site that is hydrologically connected to Willow Creek, an intermittent drainage channel connected to Willow Creek, and uplands that are contiguous with wetlands in the southwest meadow. We conclude that this area is not isolated or disconnected, and therefore does not meet this criterion. The southwest field and the wetlands in the "north area" are also adjacent to other wetlands and to the east-west ditch, and therefore do not meet this criterion. 2. Site is served by existing streets, roads, sanitary sewers and municipal water. Hyundai Site Ordinance, Exhibit C (Refinement Plan Amendment Findings) Page 9 Streets, sanitary sewers and municipal water are all available at the site, and with relatively short extensions can be extended to all parts of the site. We conclude that both the site as a whole and the three sub-areas meet this criterion. 3. Site is adjacent to or surrounded by existing development. The wetlands in the "north area" include currently developed areas, as well as adjacent areas substantially altered by the adjacent construction. These areas are sufficiently close to and affected by the new development to meet this criterion. Therefore, the site as a whole also meets this criterion. The area developed with phase 1 and its accompanying parking lots and stormwater quality control structure are north and northwest approximately 300 to 400 feet from the wetlands within the southeast field. The closest constructed feature is the stormwater facility with landscaped berms (300-400 feet away), while the main buildings and parking lots are 600 to 700 feet away. These distances help to buffer the wetlands within the southeast field from impacts associated with the new development. For comparison, the largest code-required wetland buffer in west Eugene is 100 feet wide. Therefore, the nearest buildings are six to seven times this distance from the wetlands in the southeast field, and the nearest constructed features are three to four times this distance away. The new development (buildings and parking lots) is adjacent to roughly 700-800 feet of the perimeter of the southeast field, out of a total perimeter of approximately 4,000 feet. We conclude that the nearby development is not close enough, nor bordering enough of the southeast field to meet this criterion. The wetlands in the southwest field are adjacent to the Hyundai development only in one relatively small area. Out of a wetland perimeter that is over 4,500 feet long, about 700 feet (15%) of the perimeter is within 100 feet of existing development. The majority of the wetland in the southwest field is much further from existing development, and based upon that fact, the southwest field does not meet this criterion. 4. Site has frontage on a major highway or street. In November 1999 the Eugene City Council adopted the "Eugene Arterial and Collector Street Plan". This plan designates West 18th Avenue as a minor arterial. For the purposes of this analysis, arterial streets are considered "major streets". We conclude that since West 18th Avenue is a maj or street, and this site has 300 feet of frontage on West 18th, this criterion is met for the site as a whole. The Arterial and Collector Street Plan designates Willow Creek Road, south of West 18t\ as a neighborhood collector, and Willow Creek Circle as a local street. For the purposes of this analysis, neither of these streets is considered a "major street". The wetlands within the southeast field are bordered by a mitigation site on two sides, a water control facility on one side and an open space area proposed for Protection on the fourth side. Therefore, the southeast field does not have frontage on West 18th Avenue, and does not meet this criterion. Hyundai Site Ordinance, Exhibit C (Refinement Plan Amendment Findings) Page 10 The southwest field is on a tax lot that does not have frontage on West 18th Avenue. Furthermore, the southwest field is over 1400 feet from West 18th at its nearest point, and existing development lies between the southwest field and the nearest street (Willow Creek Circle) that connects to West 18th. Therefore, the southwest field does not have frontage on a major street and does not meet this criterion. The north area has direct frontage on West 18th Avenue, a major street, and, therefore meets this criterion. 5. Site has unique characteristics which make it of special importance to the economic development of West Eugene, and allowing development of site would further the goals and objectives of the West Eugene Wetlands Plan. In terms of economic development value, the important characteristics of this site include that it is one of only four sites designated special light industrial in the Metro Plan. Of the four special light industrial sites in the Metro Plan, three are in West Eugene. Of the other two West Eugene special light industrial sites, more than 500/0 is designated protected wetland. Since the area planned for special light industrial use has been decreased by protection of wetlands, land in this category is relatively scarce. The undeveloped portion of this site (including the phase 2 area) is also important to Hyundai as a possible future expansion site due to its size and its proximity to phase 1. We conclude that these characteristics are sufficient to make this site of special importance to the economic development of West Eugene, and that the entire site, as well as each of the sub-areas, meet this criterion. 6. Site characteristics, including size, location and surrounding uses and activities are such that there exists a high probability that the site cannot be protected in perpetuity through the West Eugene Wetlands Program. The southeast field is currently adjacent on three sides to undeveloped, primarily natural open space. The approved development of both phases 1 and 2 of the Hyundai development and the on-site mitigation project are required under conditions of the federal wetland permit not to have adverse impacts upon the remaining wetlands. The area currently being developed with phase 1 and its accompanying parking lots and stormwater quality control structure is approximately 300 to 400 feet from the wetlands within the southeast field. The closest constructed feature is the stormwater facility with landscaped berms (300-400 feet away), while the main buildings and parking lots are 600 to 700 feet away. These distances help to buffer the wetlands within the southeast field from impacts associated with the new development. The new development (buildings and parking lots) is next to roughly 700-800 feet of the perimeter of the southeast field, out of a total perimeter of approximately 4,000 feet. Given the nature of surrounding uses, the size of the contiguous wetland area (more than 20 acres, including the mitigation site), the surrounding open space, the limited portion of the perimeter that is near development and the distance from that development, we conclude that the southeast field could be protected in perpetuity, and therefore does not meet this criterion. Hyundai Site Ordinance, Exhibit C (Refinement Plan Amendment Findings) Page 11 The wetlands in the southwest field are adjacent to existing development only in one area. Out of a wetland perimeter that is over 4,500 feet long, about 700 feet (15%) of the perimeter is within 100 feet of existing development. The majority of the wetland in the southwest field is much further from existing development and surrounding uses are open space and low density residential. Based upon these facts, the surrounding land uses do not pose an obstacle to the long- term protection of the southwest field. Therefore, the southwest field does not meet this criterion. There is no evidence in the record to indicate that wetlands within the north area could not be acquired or controlled by one or more West Eugene Wetlands Program partners as a result of site characteristics. There is also no evidence in the record that indicates that there are environmental impacts from adjacent uses that would preclude long-term protection of the wetlands within the north area. Therefore, the north area does not meet this criterion. Restoration Standard 1. Any site or portion of a site that is providing compensatory wetland mitigation as part of an approved state or federal wetland fill permit shall be designated for restoration. A portion of the southeast field is currently providing compensatory mitigation for wetland impacts elsewhere, therefore the southeast field meets this standard. That portion of the southeast field, therefore, must be designated for restoration. No other part of the site provides permit- required mitigation. Criteria 1. Site contains hydric soils. The wetlands in the southwest field have hydric soils and therefore meet this criterion. The wetland delineation data for the southeast field documents hydric soils in both wetland and non- wetland areas. Therefore, the wetlands in the southeast field meet this criterion. Wetlands within the north area also exhibit hydric soils, and these wetlands, therefore, meet this criterion. This criterion is met for the site as a whole. 2. Site is either a disturbed agricultural wetland or previously exhibited wetland characteristics. This site has been affected by agricultural uses, and according to data in the record has been partially drained by shallow furrows associated with that activity. Therefore, the site as a whole meets this criterion. Evidence in the record suggests that the southeast field was probably entirely wetland before agricultural disturbance. Therefore, we conclude that the southeast field meets this criterion. The meadow and the ash-forest wetlands in the southwest field show less impact from agricultural uses and the southwest field therefore the southwest field does not meet this criterion. Evidence in the record indicates that some of the wetlands within the north area have Hyundai Site Ordinance, Exhibit C (Refinement Plan Amendment Findings) Page 12 been agriculturally manipulated, and, therefore, this area also meets this criterion. 3. Site is capable of providing adequate wetland hydrology. Wetlands within this site currently provide adequate wetland hydrology. Therefore, the site as a whole meets this criterion. Wetland hydrology within the wetlands in the southeast field has been determined to be driven primarily by precipitation. The wetland delineation for the site says that transitional areas between wetland and non-wetland areas are only marginally considered non-wetland. Minor draining of these marginally non-wetland areas by shallow agricultural furrows could easily be eliminated through site grading combined with filling drainage ditches. Furthermore, the existing on-site mitigation was designed so that it contributes some surface flow to this area. We conclude that both current wetlands and marginally non-wetland areas within the southeast field can provide adequate wetland hydrology. Therefore, this criterion is met for the southeast field. Wetlands within the north area and the southwest field currently exhibit adequate wetland hydrology, and, therefore, these areas meets this criterion. 4. Site does not currently benefit from municipal infrastructure and urban services. The entire site can be served with sanitary sewer, electricity, road access, and municipal water with relative short extensions of nearby facilities. Therefore, we conclude that this criterion is not met for the entire site, and that it is not met for each of the sub-areas. 5. Site is either larger than 15 acres or is contiguous with a waterway (stream) designatedfor protection on the Wetland Designations Map (Map 3) of the West Eugene Wetlands Plan. The tributary channels to Willow Creek, including the one on this site, are shown as protected waterways on Map 3 of the current West Eugene Wetlands Plan. The wetlands within all three sub-areas are hydrologically and geographically connected to this channel. In addition, the southeast field includes 18.5 acres of contiguous wetland, and the southwest field includes 26.3 acres of contiguous wetland. Therefore, we conclude that the wetlands within all three sub-areas meet this criterion, and the site as a whole meets this criterion. D. Summary of Consistency with Adopted Criteria The table below summarizes our analysis of how this site meets the criteria for Protection, Development and Restoration. The site is divided into three assessment sub-areas, which are depicted on Map 1, at the end of this document. The entire site is evaluated under the criteria, and each of the three sub-areas is evaluated individually for comparison. Hyundai Site Ordinance, Exhibit C (Refinement Plan Amendment Findings) Page 13 Protect Description Whole North SE SW Standard # Site Area Field Field 1 NR designation in Metro Plan No No No No Protect Description Whole North SE SW Criterion # Site Area Field Field 1 Rare species populations No No No No 2 100 Year Floodplain No No No No 3 Within 100 feet of protected waterway Yes Yes Yes Yes 4 Surface connection to protected wetland Yes Yes Yes Yes 5 Habitat diversity Yes No Yes Yes 6 Unique environmental characteristics Yes No Yes Yes 7 Contains wet prairie Yes No Yes Yes Total Protection Criteria Met (out of 7) 5 2 S 5 Develop Description Whole North SE SW Standard # Site Area Field Field 1 Valid Corps and DSL fill permits No No No No Develop Description Whole North SE SW Criterion # Site Area Field Field 1 Isolated or disconnected from system No No No No 2 Has roads, sewers, water Yes Yes Yes Yes 3 Adjacent to/surrounded by development Part Yes No No 4 Major street frontage Yes Yes No No 5 Unique economic characteristics Yes Yes Yes Yes 6 Cannot be protected in perpetuity No No No No Total Development Criteria Met (out of 6) 4 4 2 2 Hyundai Site Ordinance, Exhibit C (Refinement Plan Amendment Findings) Page 14 Restore Description Whole North SE SW Criterion # Site Area Field Field 1 Permit required mitigation site Part No Part No Restore Description Whole North SE SW Criterion # Site Area Field Field 1 Hydric soils Yes Yes Yes Yes 2 Disturbed Ag or previous wetland Part Yes Yes No 3 Wetland hydrology Yes Yes Yes Yes 4 Lacks infrastructure No No No No 5 Larger than 15 acres or contiguous with Yes Yes Yes Yes protected waterway Total Restoration Criteria Met (out of 5) 4 4 4 3 No part of the site meets the Protection or Development Standards, and a portion of the site meets the Restoration Standard. Therefore, it is appropriate to apply the Protection and Development Criteria to the portion of the site that does not meet the Restoration Standard. The site as a whole meets five of seven Protection Criteria, four of six Development Criteria, and four of five Restoration criteria. With high values for both Protection and Development, it is appropriate to also consider the Restoration Criteria. Given the high Protection and Development values, the criteria indicate that some of the site should be designated for Development and some of the site should be designated for Protection. With varying levels of wetland quality and varying habitat types, it is also appropriate to consider the Restoration designation for some of the wetlands on the site. The wetlands in the "north area" do not meet any of the three standards, which means it is appropriate to evaluate these wetlands against the criteria for Protection and Development. These wetlands meet two of seven Protection criteria, and four of six Development criteria. With relatively high development values, and relatively low protection values, this area is most appropriate for the Development designation, and the Restoration criteria do not need to be applied to this area. Therefore, the Development designation for the "North Area" wetlands is consistent with the adopted wetland designation criteria. The wetlands in the southwest field do not meet any of the standards, which means it is appropriate to evaluate this area against the criteria for Protection and Development. The southwest field meets five out of the seven Protection criteria and two of the six Development criteria. With relatively high protection values, and relatively low development values, the Restoration criteria do not need to be applied to this area. The southwest field is less disturbed than the southeast field, and meets fewer of the Restoration criteria. It has relatively high Hyundai Site Ordinance, Exhibit C (Refinement Plan Amendment Findings) Page 15 protection values and relatively lower development values. Therefore, the Protection designation for this area is most consistent with the adopted wetland designation criteria. A portion of the southeast field meets the Restoration Standard, and must be designated for Restoration. The remaining portions of the southeast field do not meet any of the standards, which means it is appropriate to evaluate this area against the criteria for Protection and Development. The southeast field is a large, relatively flat area, with existing industrial development several hundred feet away, and with urban services and partial frontage on a major street. It is designated for special light industrial use, a designation currently in relatively short supply. The southeast field has several important environmental characteristics: · It has both disturbed wetlands and wet prairie habitat of at least moderate quality. · It is hydrologically and geographically connected with both Willow Creek and the wetlands in the Willow Creek Natural Area. · It provides a connective corridor for wildlife use between the hillside oak savanna habitat to the west and the Willow Creek Natural Area. · It functions as part of the larger block of habitat that includes the Willow Creek Natural Area, and provides a large buffer between the Natural Area and existing development on the Hyundai site. · It provides open grassland habitat for species that require this kind of habitat These environmental values are related in large part to the site's proximity to the Willow Creek Natural Area, which is acknowledged as the most important and valuable wetland area in the regIon. The southeast field area meets 2 of 6 Development criteria. According to the adopted criteria for Development, the area has some important Development values, but lacks several characteristics used to identify sites appropriate for Development. This area meets five of the seven Protection criteria and four of the five Restoration criteria. According to the adopted criteria, this area has high Protection values and Restoration values. This analysis shows that the Protection/Restoration values of the southeast field are higher than the development values. A portion of the southeast field is a permit-required on-site mitigation area. This area meets the Restoration Standard, and must be designated for Restoration. Although the remainder of the southeast field meets the majority of the Protection Criteria, the dominant character of the southeast field distinguishes it from the southwest field, and from other sites recommended or designated for Protection. The dominant character of the southeast field is shaped by the hydric soil pattern, the past agricultural manipulation of the area and the adjacent mitigation site. Less than half of the wetlands in this area are of moderate to high quality, and most of the site will require some level of restoration or enhancement in order to function as high quality wetland. This is in contrast to areas recommended for or designated for Protection, whose dominant Hyundai Site Ordinance, Exhibit C (Refinement Plan Amendment Findings) Page 16 character is existing high quality wetlands, on which small areas may need restoration or enhancement. The non-wetland areas within the southeast field have hydric soils and are only marginally non-wetland, which makes these areas suitable for restoration as well. These characteristics make the southeast field more appropriate for the Restoration designation than the Protection designation. Therefore, the Restoration designation for the southeast field area is consistent with the adopted wetland designation criteria. IV. Analysis of Wetland Designations for the Hyundai Site Against Approval Criteria for Refinement Plan Amendments Section 9.145(2) of the Eugene Code gives the criteria used to determine whether a proposed plan amendment should be approved or not. The proposed amendments must be consistent with the criteria in section 9.145(2) to be approved. The analysis below addresses the following wetland designations: (1) Development designation within the "north area" as shown on Map 1, (2) Protection Designation within the "southwest field" as shown on Map 1 and (3) Restoration designation within the "southeast field" as shown on Map 1. It is important to recognize that when considering one specific site, meeting each Metro Plan policy fully on that site may be impossible. For instance, if policies call for both protection of wetlands and preservation of potential expansion areas for existing industry, doing both completely on that one site may be impossible, if the only area for expansion is also a wetland. In such cases, it is necessary to evaluate the proposal on how it meets the body of policy as a whole, rather than base the decision on one or two particular policies. The Eugene Code sections which include the approval criteria for refinement plan amendments are shown in bold, italicized text, followed by applicable findings. Section 9.145 (2) "The planning commission shall review the proposed amendment and receive evidence, and decide whether the proposed change is consistent with the following approval criteria: (a) The plan amendment is consistent with the Metropolitan Area General Plan "; A. Metro Plan Policies This section analyzes the site against applicable goals and policies of the Metropolitan Area General Plan. Listed below are Metro Plan policies used in the analysis of the amendments in the March 19, 1996 staff report to the planning commissions. These are all of the Metro Plan policies we conclude apply to this refinement plan amendment proceeding. Not all these policies apply to site designations, as is stated where appropriate below. Policy 1, page III-B-4: "Demonstrate a positive interest in existing and new industries, especially those providing above average wage and salary levels, an increased variety of job opportunities, a rise in the standard of living, and utilization of our existing comparative advantage in the level of education and skill of the resident labor force." Hyundai Site Ordinance, Exhibit C (Refinement Plan Amendment Findings) Page 17 The proposed designation for the Hyundai site includes allowing development within wetlands in the "north area" as shown on Map 1. As in the West Eugene Wetlands Plan as a whole, the recommendation for this site aims to protect the most important wetland areas while allowing development within the less valuable wetlands. This proposed designation has allowed significant development on the site as a whole, and leaves additional land for expansion. The framework of the West Eugene Wetlands Plan facilitated Hyundai's receipt of a permit to fill wetlands within the phase 1 and 2 areas. Without a very specific development proposal, it is not possible to evaluate the impact of the wetland designations for the Hyundai site on jobs with certain characteristics, such as those mentioned in Policy 1 above. However, taken in whole, the recommendation for this site recognizes the value of economic development and job creation, though it does not maximize either, in part because they are balanced against other values on the site. Policy 5, page III-B-5: "Provide existing industrial activities sufficient adjacent land for future expansion." The d~signation of wetlands within the "north area" for Development provides land for future expansion of Hyundai's current facilities on the site. Therefore, this amendment is consistent with Policy 5, above. Policy 18, page III-B-6: "Encourage the development of transportation facilities which would improve access to industrial and commercial areas and improve freight movement capabilities by implementing the policies and projects in the Eugene-Springfield Metropolitan Area Transportation Plan (TransPlan) . . . " N one of the proposed designations for the Hyundai site would conflict with any proposed future transportation projects needed to serve industrial and commercial uses in the area. We conclude, therefore, that the proposed designation for the site, including the Restoration designation for the southeast field, is consistent with the above policy. Policy 18, page III-C-9: "Local governments shall develop plans and programs which carefully manage development on hillsides and in water bodies and restrict development in wetlands in order to protect the scenic quality, surface water and groundwater quality, forest values, vegetation, and wildlife values of those areas." Policy 18 directs the local jurisdictions to adopt policy and develop programs to protect wetlands and waterways. It also provides direction about what values to consider when determining which wetlands to protect: scenic quality, surface and groundwater quality, forest values, vegetation, and wildlife values. Policy 18 does not direct the City to protect all wetlands. The wetland designations for the Hyundai site include Protection or Restoration of most of the wetlands on the site, while allowing the lower quality wetlands to be filled. Some lower quality wetlands on the site have already been displaced by the development of phase 1. Development on this site has already had significant impacts on scenic quality in the Willow Hyundai Site Ordinance, Exhibit C (Refinement Plan Amendment Findings) Page 18 Creek basin. Perhaps the most notable impacts are those upon the passive recreational users of the Willow Creek Natural Area. The Nature Conservancy has been involved in managing wetlands there as an ecologically important open space since 1981. Large-scale development within the southeast field would have greater impacts on scenic quality than the current construction because it would be much closer to the Willow Creek Natural Area, and the scale of development could be larger than the existing development as well. Designating this area for Restoration would help prevent the loss of scenic quality, which is consistent with Policy 18. Development of phases 1 and 2 has had temporary negative impacts on surface water quality, as evidenced by Hyundai' s violations of water quality permits and subsequent fines. Information in the record states that runoff from the southeast field and the recent mitigation project area contribute the clearest (least turbid) water from the site to Willow Creek. Designating the southeast field for Restoration would help protect these sources of clear runoff to Willow Creek, which is consistent with Policy 18. It appears that neither forest values nor groundwater quality would be significantly changed based on the designation of the site alone, unless development led to chemical leaks on the site. It is unclear at this time to what extent a chemical spill would infiltrate into the groundwater, since no such analysis of soil structure and properties has been entered into the record. Vegetation within protected wetlands would be preserved, while vegetation within areas designated for Restoration could be enhanced by removal of nonnative species and introduction of additional native species. Information in the record makes it clear that at least 4 acres of native Wet prairie habitat are within the southeast field. Since native wet prairie is a very rare plant community (less than 0.25% of the historical extent remaining), we conclude that Protection and Restoration of wet prairie habitat would be consistent with this policy element. Designating the southeast area for Restoration would promote protection of native vegetation. The significance of this site as wildlife habitat is related to several factors: the size of its open space, the presence of prairie habitat, its location in the landscape between oak savanna hilltops and the Willow Creek Natural Area, the presence of both seasonal and permanent water features, its surface water connection with Willow Creek and the presence of a variety of plant communities close to one another. Some wildlife species require relatively large expanses of prairie (grassland) habitat (e.g., raptors, Western meadowlark). Significantly reducing the size of the prairie habitat could effectively displace these species. Although studies have shown that some larger mammals will only use an area as a travel corridor if it is sufficiently wide, little is known about the travel corridor needs of most wildlife species. Since this site provides a prairie habitat connection between the Willow Creek Natural Area to the east and the oak savanna habitat to the west, it provides an alternative to nearby forested corridors and contributes to the diversity of habitat in these corridors. Other things being equal, as the corridor gets narrower, less wildlife and fewer species will use it, and conversely, the wider it is, the more wildlife use it will get. Hyundai Site Ordinance, Exhibit C (Refinement Plan Amendment Findings) Page 19 The Hyundai site as a whole has seasonal wetlands, seasonal drainage channels and a permanent pond. All these water features are valuable to wildlife using the area. The permanent pond in the area proposed for Protection is important to a wide range of mammal species because it provides a source of drinking water during the dry season. The seasonal wetlands provide critical habitat for amphibious species and species adapted to seasonally wet areas. For wildlife habitat, the most important edge areas are probably those where the oak savanna and ash forest habitat borders the more open prairie habitat. These "edges" (or eco-tones) are west of the southeast field. The overall wildlife habitat value of the area would be significantly diminished by significantly narrowing the width of the corridor and. displacing a large area of prairie habitat. Before construction of phase 1, the corridor on the Hyundai property was approximately 1,900 feet wide according to maps submitted by Hyundai as part of its mitigation project. After completion of phase 1, the corridor was approximately 1,600 feet wide. After development allowed by these amendments, the corridor could be as narrow as 900 feet wide. We conclude, based upon the contribution to scenic value, water quality, vegetation and wildlife habitat of the wetlands within the southeast field, that the proposed designations for the site, including the Restoration designation for the southeast field, is consistent with the above policy. Policy 19, page III-C-9: "Local governments shall develop policies and local controls for protection and management of wetland areas by completion of the next' Metro Plan Update." This policy applies generally to the West Eugene Wetlands Plan, but not specifically to application of the Plan to any single property. Since the amendments, including the proposed designations for the Hyundai site, further the implementation of the West Eugene Wetlands Plan, which provides local controls and protection and management of wetlands areas, the proposed designations for the Hyundai site are consistent with this policy. Policy 27, page III-C-I0: "Local governments shall encourage further study by specialists of endangered and threatened plant and wildlife species in the metropolitan area." Every existing rare plant site provides an opportunity for study of rare plants on a unique site. The wetland designations on the Hyundai site leave significant populations elsewhere for possible study and would preserve all known rare plants on the site. We thus conclude that the proposed designation would be consistent with this policy. Policy 28, page III-C-I0: "Local governments shall protect endangered and threatened plant and wildlife species, as recognized on a legally adopted statewide list, after notice and opportunity for public input." The above Metro Plan policy does not make a distinction regarding the number of rare plant Hyundai Site Ordinance, Exhibit C (Refinement Plan Amendment Findings) Page 20 species, nor what number of plants makes a viable population or whether the plants produce seed. Two individual state-listed endangered plants listed have been found on the site, and both are within areas proposed for Restoration. The Metro Plan policy clearly calls for protection of state- listed plant species. The notice and opportunity for public participation have been provided by the West Eugene Wetlands Plan amendments adoption process. We conclude that the proposed designation for the site, including the Restoration designation for the southeast field, which contains all of the known rare plant species, would provide adequate protection for state-listed rare plants and is therefore consistent with the above policy. Policy 29, page III-C-l1: "Local governments shall work with owners of designated environmentally-sensitive areas to require that reasonable actions are taken to protect these lands, e.g., the heronry at the confluence of the Willamette and McKenzie Rivers and the site of the Aster curtus in the Willow Creek Basin." This policy guides city action for sites that have already been designated environmentally sensitive, rather than providing guidance for which areas to designate so. We conclude, therefore, that the above policy does not bear upon this decision. Policy 2, page III-E-3: "Natural vegetation, natural water features, and drainageways shall be protected and retained to the maximum extent practicable, considering the economic, social, environmental and energy consequences in the design and construction of urban development and landscaping shall be utilized to enhance those natural features." This policy calls for a balancing of economic and social considerations with environmental ones, with the emphasis on protecting natural vegetation, natural water features and drainageways in evaluating design, construction and landscaping for proposed development. The decision here is not one of evaluating a site design, but determining the broad suitability of a wetland area for Development, Restoration or Protection. So, although the site contains both natural vegetation and a natural water feature (wetland), we conclude that this policy is not intended to apply to this situation. The economic and social impacts of protecting this area are uncertain. Presently, projections about both benefits and liabilities stemming from future development of this site are unsubstantiated projections, and are not considered as evidence upon which to base the wetland designation decision. With limited information available about how the site might be developed, it is unclear how to evaluate the potential benefits and liabilities of future development on this site. Section 9.145(2)(b) "The plan amendment is consistent with remaining portions of the refinement plan"; The findings below address consistency of these amendments with Goals and Policies in the West Eugene Wetlands Plan. Hyundai Site Ordinance, Exhibit C (Refinement Plan Amendment Findings) Page 21 B. WEWP Goals The West Eugene Wetlands Plan contains the following applicable Goals (related findings follow each Goal). These broad goals apply to the plan as a whole. The Plan says that goals are "broad statements of philosophy and are adopted by the City Council and Lane County Board of Commissioners. They may never be completely attainable, but they describe the hopes of the people and help establish direction (preface, page x)." Goal 3.1 "Protect and enhance water quality, wildlife habitat, flood storage sediment and toxicant removal and other wetland functions and values." The wetlands within the southwest field and the southeast field provide water quality benefits, wildlife habitat, flood storage and other values already described above. Designation of these wetlands for Protection and Restoration will retain these current values and eventually facilitate increasing those values if further mitigation takes place. Protection and Restoration of these areas ensures that the areas contributing most to the water quality, wildlife habitat and rare plant habitat values are protected. These areas would be preserved, while wetlands in the "north area" would be allowed to be developed. Therefore, the wetland designations for the Hyundai site are consistent with Goal 3.1. Goal 3.2 "Minimize economic hardship on private property owners due to protection of wetlands and other valuable environmental resources." Where wetlands occur on privately owned land, economic hardship of wetland protection can be reduced or minimized in several ways. One way is to allow the least valuable wetlands to be developed while ensuring that the quality of the remaining wetlands is not compromised. Another way is public acquisition of the protected wetlands, with subsequent public maintenance and management. Economic hardship is generally held to be loss of potential or actual profit. If defined this way, such hardship cannot be completely avoided if valuable wetlands are to be protected. The designation of the least valuable wetlands for Development is an attempt to minimize the economic hardship of wetland protection on the property owner. The wetlands designated for Protection and Restoration would be eligible for acquisition under the West Eugene Wetlands Acquisition program administered by the Bureau of Land Management. Such acquisition would also help to minimize economic hardship. Although we acknowledge that economic hardship would be further minimized if Hyundai was allowed to develop more of the site, we conclude that the designation of the site as a whole, including both wetlands to be protected or restored and wetlands to be developed, reflects an effort to reduce the economic hardship on the property owner. Therefore, these amendments are consistent with Goal 3.2. Goal 3.3 "Minimize adverse impacts to protected wetlands from adjacent development." Hyundai Site Ordinance, Exhibit C (Refinement Plan Amendment Findings) Page 22 Generally, development adjacent to wetlands will have some level of adverse effect upon the wetlands or the wildlife that use them. Common impacts include stormwater runoff pollution, litter, noise, human activity that disturbs wildlife, lights that shine into wildlife habitat areas at night, air pollution and chemical spills. These impacts can be minimized through code-required setback requirements adjacent to protected wetlands, through stormwater regulations and through development controls applied as part of the land development process. Lands adjacent to wetlands designated for Protection in the West Eugene Wetlands Plan are rezoned following designation to put in place requirements for protective setbacks. In designating all of the wetlands in the southeast and southwest fields for Restoration and Protection, the Council has minimized the potential impacts from new development on the Hyundai site on Eugene's most valuable wetland area. The Nature Conservancy has submitted inventory data showing substantial populations of the state-listed endangered plant Erigeron decumbens var. decumbens in the field immediately east of the Hyundai property. We conclude that designation of the southeast field for Restoration would provide an effective buffer between Hyundai's development and the Willow Creek Natural Area, and therefore is consistent with Goal 3.3. The public record on this item includes testimony asserting that there may be impacts to sensitive or rare species on the Willow Creek Natural Area from new development on the Hyundai site, and that expansion of Hyundai' s facilities could imperil the wetlands designated for Restoration in the southeast field through air pollution, surface or groundwater pollution or through accidental spills. Given the information in the record, these projected impacts cannot be properly characterized or evaluated at this point. Furthermore, given that the wetland designation criteria do not address these types of impacts, these assertions about possible future impacts do not bear directly on the decision of how to designate a particular wetland. To date, no adverse impacts to sensitive species, rare species or other native wetland plants or animals has been documented from Hyundai' s current operations. Since any Hyundai expansion is likely to utilize the latest emerging technology, it is not possible at this time to forecast what pollutants would be released in what quantities, nor what impact they would have on nearby plant and animal populations. It is not correct to assume that simply protecting more wetlands on the Hyundai site will protect the Willow Creek Natural Area from air pollution, water pollution or accidental spills from existing or future adjacent uses, since existing development or new development on previously approved development sites could lead to these kinds of impacts. Protection of adjacent wetlands from air and water pollution impacts or accidental spills will be primarily dependent upon the design and construction of a new facility, its safety and environmental programs and equipment and how carefully the facility is operated. None of these factors can be controlled by a wetland designation decision. Goal 3.5 "Protect and expand current populations and habitats of rare plants and animals that currently exist in west Eugene." Hyundai Site Ordinance, Exhibit C (Refinement Plan Amendment Findings) Page 23 Though small in numbers and extent, the existing Erigeron decumbens var. decumbens plants would be protected and given an opportunity to expand within the Restoration area. With proper management, it is reasonable to assume that the population could expand given the presence of suitable soils and hydrology. A Restoration designation for the southeast field is consistent with this goal. Goal 3.6 "Achieve state and federal requirement of 'no net loss' of wetlands in both quantity (area) and quality (functions and values)." "No net loss" can be pursued through a combination of avoiding wetland impacts where possible, and replacing those low quality wetlands where development values outweigh the environmental and social values of the wetlands. The West Eugene Wetlands Plan acknowledges that higher quality wetlands and more rare habitat types are more difficult to replace through mitigation. This acknowledgment is shown in the mitigation replacement ratios, in which wet prairie has the highest replacement ratio. The West Eugene Wetlands Plan has also placed a priority on protecting wet prairie habitat, under the premise that protection is the most effective way to prevent loss of the values associated with this rare habitat type. The recommendation to protect and restore most of the wetlands on the Hyundai site, with the requirement to replace through compensatory mitigation those lower quality wetlands designated for development, is consistent with this goal. Goal 3.7 "Protect an interconnected system of wetlands within a sustainable, ecologically sound system, with a high likelihood of long-term survival." In the West Eugene Wetlands Plan, wetlands are not evaluated as isolated elements, but in the context of how they fit into the larger system. The proposed designations for the Hyundai site, including wetlands designated for Development, Protection and Restoration, adequately addresses conservation of the contribution of this site to the overall wetland system. These designations preserve the prairie corridor that connects the oak savannah to the west with the Willow Creek Natural Area to the east, as well as the hydrologic connection with Willow Creek. Therefore, the current recommendation is consistent with Goal 3.7. Goal 4.3 "Achieve compliance with federal and state wetland law, policies and guidelines." The WEWP amendment process is consistent with state and federal wetland law, policies and guidelines. The West Eugene Wetlands Technical Advisory Committee has reviewed the proposed amendments on several occasions and provided comments. The T AC is comprised of staff representatives from DSL, DEQ, the Army Corps of Engineers, US Fish and Wildlife, and EP A. T AC member agencies have also submitted written testimony into the record. We find nothing 'in the proposed designations for the Hyundai site that is inconsistent with state or federal laws, policies or guidelines. Therefore, the current recommendation is consistent with Goal 4.3. Goal 4.4 "Increase certainty in the development process." Hyundai Site Ordinance, Exhibit C (Refinement Plan Amendment Findings) Page 24 The West Eugene Wetlands Plan increases certainty in the development process by 1) facilitating mapping of wetland boundaries and 2) by determining before the state and federal individual permitting process which wetlands are the most valuable and in need of protection and which are least valuable and suitable for fill and development. The Plan attempts to achieve certainty through providing clear direction about where wetlands exist and where and how development of wetlands can take place. Certainty for developers has not been presented as a guarantee that all owners can develop their wetlands. With the wetlands on the site mapped, the designation of this site, once given final approval, will clarify which areas can be developed and which cannot. We find this outcome to be consistent with Goal 4.4. Goal 4.5 "Minimize reductions to the existing industrial and commercial buildable lands inventory as a result of wetland protection." Wetlands on the Hyundai site designated for Restoration or Protection comprise approximately 47.7 acres. This land is designated for campus industrial use (special light industrial) in the Metropolitan Area General Plan. Due to the complex pattern of uplands and wetlands in the southeast field, it is highly likely that little or no development could occur in the narrow upland areas between the wetlands or in the upland areas surrounded by wetland. Adding these restricted areas, the net impact on the industrial land supply would be to remove 51.2 acres. This represents a reduction in the overall supply of industrial land of 1.4%, leaving 3,553.1 acres of inventoried industrial land unaffected by these refinement plan amendments. This represents a supply that is 2,381.1 acres more than the maximum projected twenty-year demand for 1,172 acres. To date, no separate analysis has been conducted to calculate the projected demand for special light industrial land. Instead, projected demand has been calculated for medium-light industrial land and special-light industrial land together. No citywide or metropolitan-wide analysis has been done since 1993 of the demand for or supply of industrial land. The impacts of reductions to the buildable lands inventory resulting from these amendments are analyzed separately in a statement of findings in Exhibit B. These findings are necessary to determine consistency with Statewide Planning Goals. The Development designation on wetlands within the "north area" is an attempt to minimize reductions to the industrial land inventory. While allowing additional development would go further in that respect, we find that the proposed designations for the site are consistent with the intent of Goal 4.5. c. WEWP Policies The West Eugene Wetlands Plan contains the following policies that are applicable to a decision about how to designate a new wetland site. Only those policies that provide direction on how to designate a wetland site are included. Related findings follow each policy. The Plan states that "policies provide the basis for consistent action to move the community toward its goals. Policies are adopted by the City Council and Lane County Board of Commissioners. These polices are Hyundai Site Ordinance, Exhibit C (Refinement Plan Amendment Findings) Page 25 used to evaluate actions relative to the Plan (preface, page x)." Policy 3.8 "Establish, maintain and protect physical and hydrologic linkages between protected wetlands and adjacent transitional and upland wildlife habitat and natural areas." As discussed above under Goal 3.7, restoration of wetlands within the southeast field and protection of wetlands within the southwest field would maintain an effective linkage between the oak savanna uplands to the west and the Willow Creek Natural Area to the east. We find that the proposed designation of the southeast field for Restoration, with the proposed designation of Protection for the southwest meadow, provides a linkage that is consistent with Policy 3.8. Policy 3.9 "Protect and enhance the quality, functions and values of natural and human-made waterways that are interconnected with wetlands." The Hyundai site has human-made hydrologic features that are interconnected with wetlands in the southwest meadow, in the southeast field and in the Willow Creek Natural Area to the east. We conclude that Protection of the southwest field, Restoration of wetlands within the southeast field, and enhancement of the east-west ditch would protect the quality, functions and values of these waterways. Therefore, wee conclude that the wetlands designations for the site are consistent with Policy 3.9. Policy 4.1 "Mitigation efforts shall help to reestablish a connected system of wetlands, waterways and upland resources." The Restoration designation is aimed at identifying lands where mitigation can be successfully conducted and where doing so will greatly benefit the overall wetland system. Restoration of wetlands within the southeast field would allow reestablishment of wet prairie where it historically existed adjacent to existing remnant wet prairie habitat. We conclude that the designation of the southeast field for Restoration is consistent with Policy 4.1. Policy 4.3 "Mitigation efforts shall concentrate on restoring wetland type, habitat, functions and values that represent the historic ecological landscape of the Amazon Creek basin. " Most of the historic wetlands on the valley floor of the Willamette River valley were wet prairie wetlands. These seasonally wet prairies comprised approximately 400,000 acres in the valley. Designating the southeast field for Restoration and the southwest field for Protection would enhance the chances of restoration of the wet prairie habitat on the site, where existing wet prairie provides a natural seed bank. We conclude that designation of the southeast field for Restoration is consistent with Policy 4.3. The following sections address the remaining Eugene Code approval criteria for refinement plan amendments. Hyundai Site Ordinance, Exhibit C (Refinement Plan Amendment Findings) Page 26 Section 9.145 (2)(c) "The plan amendment is foun,d to address one or more of the following: 1. An error in the publication of the plan; Not applicable. Section 9.145 (2)(c) 2. "A change of circumstances in a substantial manner not anticipated in the plan"; Not applicable. Section 9.145 (2)(c)3. "Incorporation into the plan of new inventory material which relates to a statewide goal; or" The amendment involving the Hyundai site incorporates new wetland inventory information into the West Eugene Wetlands Plan. Therefore, the amendments meet this criterion. Wetlands relate to Statewide Planning Goal 5. The Goal 5 requirements for this site are addressed through the state Wetland Conservation Plan process rather than through the Goal 5 process, as provided for in ORS 196.684. Section 9.145 (2)(c) 4. "A change in public policy." Not applicable. D. Summary of Consistency with Approval Criteria The above analysis has shown that the proposed designations for the Hyundai site are consistent with the policies in the Metro Plan and with the applicable policies in the West Eugene Wetlands Plan. It is clear that those policies in both documents that call for supporting economic growth, providing land for industrial expansion, minimizing economic hardship, and minimizing reductions to industrial land supply would be more strongly met if more of the site was allowed to develop. Conversely, the policies that call for protection of wetlands, waterways, wildlife habitat, water quality, rare plant populations and interconnectedness between important habitat features would be more strongly met if more of the site were protected. On balance, the designations for the Hyundai site provide both significant development opportunities and protection of valuable wetlands, and are therefore consistent with the balancing of these values in the goals and policies in the Metro Plan and the West Eugene Wetlands Plan. Hyundai Site Ordinance, Exhibit C (Refinement Plan Amendment Findings) Page 27 ~ el- ca :E -c c::: Cb C) Cb ..J III '0 ~ =-~ .c ;n i2 8 "C ~ :G -g ~ iii O"C~ i5~~ ...C"CCII;j: 1ii <( ~ ~~'E ~~ ~ ~ ~... ~ ~-g 8 .21 ~ I ~ I :rlS4i c~~.2 ~ ~~e~~j~-g~ w <( ;Q.~oQ.:J:JQ. ~ ~I II Ie w Z+OO ~ Cb ...... CD CD ..... U. -- en 0 0 -- 0 ca N -C c::: :J ~ :I: ... .E 0 fA 0 0 ca 't"'"" Cb r:---, ... <( _ lr~ fA --=:;} -- @J fA L~ ~ ~~ - ca ~ c::: 0 L~ ... <( .,m