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HomeMy WebLinkAboutOrdinance No. 20208 . ......... L COUNCIL ORDINANCE NUMBER 20208 COUNCIL BILL NUMBER 4647 AN ORDINANCE AMENDING THE WEST EUGENE WETLANDS PLAN BY ADOPTING NEW AND REVISED WETLAND DESIGNATIONS FOR SITE H2, REFERRED TO AS THE SPEEDWAY SITE, AND RELATED POLICY AND TEXT AMENDMENTS; ADOPTING A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE DATE SUBMITTED: September 11,2000 P ASSED:61o ABSENT: Farr, Meisner, OPPOSED: REJECTED: ABSTAINED: DEFERRED TO: FIRST READING: September 11, 2000 SECOND READING: September 11,2000 ORDINANCE NO. 20208 AN ORDINANCE AMENDING THE WEST EUGENE WETLANDS PLAN BY ADOPTING NEW AND REVISED WETLAND DESIGNATIONS FOR SITE H2, REFERRED TO AS THE SPEEDWAY SITE, AND RELATED POLICY AND 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 11 th Avenue road improvement projects. On June 24, 1998 the Board of County Commissioners adopted Board Ordinance No. P A 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. P A 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. PA 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 11th day of September, 2000 11th day of September, 2000 IT ~ #117 City Recorder Ordinance - 3 Exhibit A Site H2, Referred to as the Speedway Site Wetland Designation Map Changes Revise the Wetlands Designation Map (Map 3) for Site H2, referred to as the Speedway Site, as shown on the attached map. Policy Amendment 69. Add a new policy: 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: . . . Moderate value wetlands to be protected include: ... [no change] These wetlands [to be restored) include: and H2 " * Please refer to Ordinance No. 20200 and Ordinance No. 20201 for other amendments. Text in italics is not included in the amendment. Speedway Site Ordinance, Exhibit A (Plan Amendments) Page 1 o I en !2 I ... CD I Z C\I I ~ -gCi5 : C Cd en I Ui C~~ 1i)~C : ~ I-:E >1: Z I ~ C w > Cd W m 0> CJ a: !!! ~ Iii its (!) ~ ~I ! ~ I i I i :c :Ii ~ en I: W ! ~~ ~ ~ a: ~ 8 8 >< Qu.O 0 ..J g ffii1i ~ ~ ~ 5 w ~ ~ !~~ fil ; I !i D. Q. a, i m~ ~ a i o ._ ~ 0 II: en f D. 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G j~ U I~ r- W r- "G ~ ~ ) N II !J r-- Q,o I ~ ~~ ~I;P ( I~ ~ r- ! \\ ~ ~ u. ~U- ~ ~~ ~ .~ =, ~ ~ ~ '--- I III f-J I z ~ I l r--- k r---l ~ ~ -~ '/ ~ ~rr I I~J --l~J ~ ~ r-- v - -c '---- 1 Ij ~I- ! ~\ n " : ~ = L ZJ ~ I /_________ '?-t _ T c r 1 i '_ ~ 1""'" -~? ~ ~ 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 three land use categories: natural resources, industrial and commercial lands, and residential lands. Accordingly, this analysis addresses Oregon Statewide Planning Goall (Citizen Involvement), Goal 5 (Open Spaces, Scenic and Historic Areas, and Natural Resources), Goal 9 (Economic Development) and Goal 10 (Housing). 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, commercial and residential 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 for a portion of wetland site H2, known as the Speedway site. 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 Speedway Site Ordinance, Exhibit B (Statewide Planning Goal Findings) Page 1 primarily by their size, location and connectivity to other wetlands or waterways. These wetlands 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 where it is applied to new wetland sites. Goal 1 - 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 Speedway 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 Speedway 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 September 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 Speedway 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. Methodology for Goal 9 and 10 Analyses To address consistency with Statewide Planning Goals 9 and 10, the amendments were analyzed to document additions or reductions to the supply of industrial, commercial, and residential lands within the Metro area, due to these amendments to the Plan. This analysis is based on existing inventory, supply and demand data provided in three source documents: the Metropolitan Industrial Lands Special Study, the Eugene Commercial Lands Study, and the "Supply and Demand Analysis in Acres" table included in the Metropolitan Area General Plan, as amended by Ordinance No. 20159 on July 12,2000. The analysis also relies on site information not included in these existing land use inventory studies. The 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, their square footage was calculated, and this was in turn translated into approximate acreage. 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 1-3 below). This information was used to summarize the potential impacts that these refinement plan amendments would have on the existing supply of industrial, commercial and residential lands in the Metro area. Narrative summaries of the results of this analysis are included under each of the applicable Statewide Planning Goals below. The tables that are attached following the end of this narrative show the acreage figures for each site and category . Speedway 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 H2 (the Speedway site), within Tax Lot 300 on Assessor's Map 17043340. Other portions of site H2 are analyzed elsewhere. 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. The Eugene Commercial Lands Study identifies a projected demand for 523 acres of commercial land, including 109 acres of office commercial and 432 acres of non-office commercial land. There were no further break-downs of the demand into other sub-categories such as size or location, and consequently these sub-categories are not addressed here. The Metropolitan Area Residential Lands Study separated out the aggregate demand for residential land into three sub-categories: low density, medium density and high density residential. No other sub-categories, such as size, or location were included in the analysis. Consequently the analysis herein only addresses these three categories. 4. The three studies relied upon here for analysis of available buildable land include 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. 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 affect only one tax lot, which contains some existing development. Therefore, all of the wetland designations affect a partially developed lot. 6. The accompanying tables do not include those parcels where a change in Speedway Site Ordinance, Exhibit B (Statewide Planning Goal Findings) Page 6 designation was proposed from one non-developable category to another (e.g., from "protect" to "restore," or from "restore" to "Planned Transportation Corridor") . 7. On Site H2, the acreage removed from the buildable lands inventory 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. The estimated additional reductions for this site were calculated as 0.3 acres for industrial land, 1.6 acres for medium density residential land and 1.2 acres for high density residential land. These acreages are incorporated into the tables attached, and reflected in the findings below. 8. Additional wetland sites were 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, their impacts must be accounted for. Both of these ordinances were adopted previously, and the buildable lands impact analysis for those ordinances are referenced below. 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. Findings: 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 buildable industrial land was between 650 and 1,172 acres.2 Wetland designation changes to protection or restoration as a part of amendments included in this Metropolitan Industrial Lands Inventory Report, Lane Council of Governments, 125 East 8th Avenue, Eugene, Oregon, 97401, July 1993, p.73. 2 Ibid., p.73. Speedway Site Ordinance, Exhibit B (Statewide Planning Goal Findings) Page 7 ordinance would decrease the available inventory of industrial land by 9.7 acres (see also Table 1 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 9.7 acres. This represents a reduction in the overall supply of industrial land of 0.7%, leaving 3,594.6 acres of inventoried industrial land unaffected by these refinement plan amendments. This represents a supply that is 2,422.6 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. 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 -9.7 0.0 0.0 0.0 -9.7 of Amdmts. (acres) Percentage 0.0% 0.0% -0.7% 0.0% 0.0% 0.0% -0.30/0 Impact Inventory 452.5 500.4 1,419.9 989.7 47.3 184.8 3,594.6 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 3 Metropolitan Industrial Lands Inventory Report, Lane Council of Governments, 125 East 8th Avenue, Eugene, Oregon, 97401, July 1993, p. 47 Speedway Site Ordinance, Exhibit B (Statewide Planning Goal Findings) Page 8 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 wetland designations previously adopted for the Hyundai site removed a total of 50.2 acres of industrial land from the supply of buildable lands. The wetland designations previously adopted through the "multiple sites" ordinance removed a total of 54.8 acres of industrial buildable land. Together with the reductions from amendments included in this ordinance, these designations would bring the total reduction in buildable industrial land from all three ordinances to 114.7 acres. This would leave 3,489.6 acres of buildable industrial land available, which represents a supply that is 2,317.6 acres more than the maximum projected twenty-year demand for 1,1 72 acres of industrial land. Therefore, after adoption of the amendments in all three ordinances, there will be sufficient buildable industrial land remaining to meet the projected 20- year demand. Commercial Lands The Eugene Commercial Lands Study (1992), provides an analysis of the supply and demand for commercial land within Eugene. The study was prepared by the Eugene Planning Commission, and it serves as a refinement to the Metropolitan Area General Plan. According to the findings contained in this study, the total supply of commercial land was 702 acres (adjusted total supply).4 The projected twenty-year demand for vacant commercial land (within the Eugene portion of the Urban Growth Boundary only) was 532 acres, including 109 acres of developable office land and 423 acres of non-office commercia1.s For the purposes of this analysis, developable office is land designated in the Metropolitan Area General Plan for commercial use, which is zoned GO General Office. No land zoned General Office was affected by the amendments. Therefore, there is no impact to the supply of office commercial land as a result of these amendments. Wetland designation changes to protection or restoration as a part of these amendments would, in effect, decrease the inventory of commercial land by 4.8 acres. This represents a reduction in the overall supply of commercial lands of less than 1 %, leaving 697.2 acres of inventoried commercial land. This is 165 acres more than the projected twenty-year demand of 532 acres. Since no office commercial lands were impacted, it must be assumed that all impacts are to the non-office commercial category. The projected demand for this category is 423 acres. According to the Commercial Lands Study, the inventory of buildable commercial land includes 465 acres of land designated in the Metro Plan for commercial use, but not zoned for office use. An additional 197 acres is included in the inventory that is not categorized between office and 4 Eugene Commercial Lands Study, Eugene Planning and Development Department, 777 Pearl Street, Room 106, Eugene, Oregon, 1992, p. 11-15. 5 Ibid., p.II-I5. Speedway Site Ordinance, Exhibit B (Statewide Planning Goal Findings) Page 9 non-office use, though a percentage of it can be assumed available for non-office commercial. U sing only the 465 acres explicitly denoted in the Commercial Lands Study, after subtracting the 4.8 acres removed by protection of wetlands in these amendments, 460.2 acres are left, which is 37.2 acres more than the projected demand for this category. Given a supply of commercial land greater than the projected demand for all commercial and non-office commercial after the reductions associated with these amendments to the West Eugene Wetlands Plan, the amendments leave an adequate supply of commercial land within the Urban Growth Boundary for the 20-year planning period. Therefore, the amendments are consistent with Goal 9 with respect to commercial land. The amendments previously adopted for Site HG would not remove any additional acres from the commercial buildable lands inventory. The wetland designations previously adopted through the "multiple sites" ordinance removed a total of 5.3 acres of available commercial land. Together with the reductions from amendments included in this ordinance, these designations would bring the total reduction in buildable commercial land from all three ordinances to 10 acres. This would leave 692 acres of buildable commercial land, which represents a supply that is 160 acres more than the maximum projected twenty-year demand for 523 acres of commercial land. Therefore, no matter how much wetland on Site HG is designated for Protection or Restoration, after all of the amendments are adopted, there will be sufficient buildable commercial land remaining to meet the projected 20-year demand. Goal 1 0 -Housing The purpose of Goal 10 is to provide for housing needs of the citizens of the state. Findings: The Metropolitan Area General Plan. as amended by Ordinance No. 20159 on July 12, 1999, includes a summary analysis of the supply and demand for residential lands within the Eugene- Springfield Urban Growth Boundary. According to the summary table ("Supply and Demand Analysis in Acres"), there were 5,802 acres of vacant, buildable residential land in the Metro area in 1999. The twenty-year demand projection for vacant, buildable residential land was between 3,968 and 5,040 acres. Wetland designation changes to protection or restoration as a part of the amendments included in this ordinance would, in effect, decrease the available inventory of residential land by 24.8 acres. This represents a reduction in the overall supply of inventoried residential lands by 0.4010, leaving 5,777 acres of inventoried residential land. This represents a supply of that is 737 acres beyond the maximum projected twenty-year demand of 5,040 acres. Given the remaining supply of residential land, and given the minor impact associated with these amendments to the overall supply, these amendments are consistent with Statewide Planning Goal 10. The cumulative buildable land impact of all the amendments can be calculated by adding in the Speedway Site Ordinance, Exhibit B (Statewide Planning Goal Findings) Page 10 impacts for Site HG and from the "multiple sites" ordinance. Site HG does not contain any land designated for residential use, so designations on that site would not remove any additional acres from the residential buildable lands inventory. The wetland designations previously adopted through the "multiple sites" ordinance removed 31.1 acres of buildable residential land from the inventory. Together with the reductions from amendments included in this ordinance, these designations would bring the total reduction in buildable residential land from all three ordinances to 55.9 acres. This would leave 5,746.1 acres of buildable residential land, which represents a supply that is 706 acres more than the maximum projected twenty-year demand for 5,040 acres of residential land. Therefore, after adoption of the amendments in all three ordinances, there will be sufficient buildable residential land remaining to meet the projected 20- year demand. Residential Lands Buildable Acreage Low Medium High Total Density Density Density Metro UGB Total 4,780 828 195 5,802 Impacts to Residential Lands Inventory from WEWP Amendments Net Impact of 0.0 -9.3 -15.5 -24.8 Amendments Percentage 0.00/0 1. 1 0/0 7.90/0 0.4% Impact Inventory 4,780.0 818.7 179.5 5,777.2 Remaining Conclusions The above findings show that these amendments to the West Eugene Wetlands Plan are consistent with Oregon Statewide Planning Goals 1, 5, 9 and 10. 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, commercial and residential 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 each of the inventory reports 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). Speedway Site Ordinance, Exhibit B (Statewide Planning Goal Findings) Page 11 Exhibit C Findings of Consistency with Refinement Plan Amendment Criteria Table of Contents: 1. Introduction ................................................. Page 2 II. General Findings ............................................. Pag'e 2 III. Analysis of Consistency with Wetland Designation Criteria. . . . . . . . . . .. Page 4 A. Protection . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. Page 5 B. Development ............................................. Page 8 C. Restoration..................................... . . . . . . . .. Page 12 D. Summary of Consistency with Wetland Designation Criteria . . . . . .. Page 13 IV. Analysis of Proposed Designations for the Speedway Site Against Approval Criteria for Refinement Plan Amendments ........................ Page 16 A. Metro Plan Policies ....................................... Page 16 B. WEWP Goals . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. Page 20 C. WEWP Policies .......................................... Page 23 D. Additional Criteria for Approval of Refinement Plan Amendments .. Page 24 E. Summary of Consistency with Approval Criteria ................ Page 25 Speedway Si(e Ordinance, Exhibit C (Refinement Plan Amendment Findings) Page 1 I. Introduction The wetland designations for the Eugene Speedway site are reviewed below for consistency with the recently approved criteria for Protection, Development and Restoration. These criteria were adopted by the Eugene City Council on October 11, 1999 and by the Lane Board of Commissioners on November 23,1999. These criteria for designation of wetlands were analyzed for consistency with all applicable policies from the Metropolitan Area General Plan, as well as the remaining policies of the West Eugene Wetlands Plan (WEWP) at the time of adoption. Therefore, site designations that are consistent with these criteria are considered consistent with the Metro Plan and WEWP Policies as well. This ordinance applies only to the portion of site H2 that lies within lot 1704334000300 (Amendment # 47). The remainder of Site H2 (Amendment #47a) is addressed in the previously adopted multiple sites ordinance. The findings that follow include an analysis of the Speedway site (Site H2, portion) against the criteria for designating wetlands for Protection, Development or Restoration. 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 West Eugene Wetlands Plan. Therefore, if a site designation meets the criteria for designation of wetlands and those criteria are consistent with code criteria, Metro Plan policies and remaining policies in the Wetlands Plan, we can conclude that the designation is also consistent with code criteria, Metro Plan policies and remaining 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 remaining West Eugene Wetlands Plan policies to the designations, and finds them to be consistent. II. General Findings The wetland designations for the Speedway site (Site H2, portion) include areas for Protection, Restoration and Development. The wetlands generally on the west side of the site are designated for Development. The wetlands generally in the southeast portion of the site are designated for Restoration. The majority wet prairie wetlands in the northwest portion of the site are designated 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 area designated for the Protection designation is in some places over 1,000 feet across from east to west. However, for convenience, in the discussion below, the area designated for Protection and Restoration is referred to as 900 feet wide. In making this general reference, the intention is to reflect the actual area designated for the Protection Speedway Site Ordinance, Exhibit C (Refinement Plan Amendment Findings) Page 2 and Restoration designations as described in Exhibit A. For the analysis below, the site will be considered as a whole, and will also be considered in separate units as designated for Protection, Restoration and Development. The site characteristics used to divide the site into these subareas are as follows: Area Designated for Protection: The characteristic that defines the area designated for Protection is primarily the area surrounding the Speedway facility that has not been plowed and does not get mowed annually for hay. It is distinguishable on recent aerial photographs of the site. This area is at some points as much as 1,000 feet across from east to west. Area Designated for Restoration: The characteristics that define the area designated for Restoration, include occurrences of rare plants along its north, east, south and west boundaries, and the areas of contiguity with wetlands to the south and Willow Creek and protected wetlands to the east and the unplowed area to the north. Area Designated for Development: The characteristics that define the area designated for Development include the absence of rare plants, being next to existing development along most of three sides, being primarily designated for industrial development, providing an access corridor to the Speedway facility and having significant frontage along West 11 th Avenue and Willow Creek Road. 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., H2). 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 notrequired. This should 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 receives 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") Speedway Site Ordinance, Exhibit C (Refinement Plan Amendment Findings) Page 3 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 (within the City of Eugene). 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: (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 adopted criteria are shown below in italics, with findings following each standard and criterion. The application of "Standards" and "Criteria" as used in the findings below are defined in the West Eugene Wetlands Plan (WEWP) Glossary as follows: Speedway Site Ordinance, Exhibit C (Refinement Plan Amendment Findings) Page 4 "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." 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 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 part of this site is designated "Natural Resource" on the Metro Plan diagram. This 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. This site contains known populations of Lomatium bradshawii, Erigeron decumbens var. decumbens and Horkelia congesta, all within 1,000 feet of the eastern property line. All Speedway Site Ordinance, Exhibit C (Refinement Plan Amendment Findings) Page 5 three of these species are listed in the West Eugene Wetlands Plan as rare plant species as a result of amendments to the Plan adopted by the Eugene City Council on July 8, 1998 (Ord. No. 20126) and by the Lane County Board of Commissioners on November 10, 1998 (Ord. No. PAll 06). Surveys for two other rare species listed in the Plan, Aster curtus (white-topped aster) and Cicendia quadrangularis (timwort), have not been conducted. This site is large, and is geographically and hydrologically connected to Willow Creek and to protected wetland areas to the south and east that provide suitable habitat for the maintenance or expansion of these populations. The site as a whole contains several rare plant species, and contains adequate suitable habitat, and, therefore, meets this criterion. The area designated for Development is not known to contain rare plant species. Two very small populations (3-4 plants each) of Erigeron decumbens var. decumbens were found near the eastern edge of the area designated for Development. These populations are found along a former fence line, within the remnant wet prairie area designated for Protection. We conclude that the area designated for Development does not contain known rare plants, and therefore, that this area does not meet Protection criterion 1. The areas designated for Restoration and Protection, which contain the rare species populations as well as surrounding suitable habitat, meet this criterion. 2. Site is primarily within the 100 year floodplain. Approximately 15% of the entire site is within the 100 year floodplain, in a broad swath across the north end of the site, north of the Speedway facility. The site as a whole does not meet this criterion. Less than 30% of the area designated for Development is within the floodplain, therefore it does not meet this criterion. The area designated for Protection next to the Speedway facility is mostly within the 100 year floodplain and therefore meets this criterion. The area designated for Restoration is not within the 100 year floodplain, and therefore does not meet this criterion. 3. Site is within 100 feet of a waterway (stream) designated for protection on Map 3 of the West Eugene Wetlands Plan. Willow Creek is the closest protected waterway. It borders the site along its entire eastern boundary. Therefore, the site as a whole meets this criterion. The areas designated for Protection and Restoration are located next to Willow Creek and therefore meet this criterion. The areas designated for Development, if considered separately, are not within Speedway Site Ordinance, Exhibit C (Refinement Plan Amendment Findings) Page 6 100 feet of Willow Creek. However, the majority of these areas are part of the larger, contiguous wetland site and the larger site abuts Willow Creek. Exceptions are the extreme southwest and northwest wetland areas, which are separated by non-wetlands. These separated areas are non-contiguous and are not within 100 feet of Willow Creek and therefore do not meet this criterion. 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. Stormwater runoff from this site drains directly into Willow Creek or, via culverts, to Amazon Creek. Willow Creek flows out of the protected Willow Creek Natural Area (site HI) and borders this site along its entire eastern boundary. On the east side of Willow Creek are the protected wetlands in site H3, which also drains into Willow Creek. Willow Creek then flows under West 11 th Avenue and through a recently restored wetland mitigation site. This surface flow connection via Willow Creek between site H2, and sites H3 and HI constitutes a direct, intermittent surface water connection to protected wetlands. Therefore, we conclude that the entire site meets this criterion. The area designated for Protection adjacent to the Speedway facility primarily drains directly into Willow Creek and, therefore, meets this criterion. The area designated for Restoration largely drains directly into Willow Creek, and, therefore, meets this criterion. The area designated for Development drains into Amazon Creek via culverts under West 11 th Avenue, and lacks the direct connection via Willow Creek. Therefore, this area does not meet this criterion. 5. Site contains"a high diversity ofwildlife habitat or contributes to the diversity of wildlife habitat within the region. This site contains primarily wet prairie habitat altered by agricultural use. Since the wet prairie plant community has persisted, this site represents a large expanse of a habitat type that is very rare in this region, and contributes to the diversity of wildlife habitat within the region. A number of wildlife species, including western meadowlark (Oregon's State Bird) require relatively large expanses of prairie habitat such as this. Therefore the entire site meets this criterion, as do the areas designated for Development, Restoration and Protection when considered separately since each is comprised primarily of wet prairie habitat. 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 this site are its wet prairie habitat, rare plant populations, Speedway Site Ordinance, Exhibit C (Refinement Plan Amendment Findings) Page 7 large size, connection to Willow Creek and its location adjacent to the Willow Creek Natural Area and protected wetland site H3. The entire site meets this criterion. The area designated for Development contains wet prairie habitat, is large, and is hydrologically connected to Amazon Creek. We conclude that these factors together make this area of special importance to the functioning of the larger wetland system in terms of wildlife habitat, flood storage, and rare plant habitat. The area designated for Restoration contains wet prairie habitat, is large, contains significant rare plant populations and is hydrologically connected to Willow Creek, is directly adjacent to Willow Creek and the Willow Creek Natural area and, together with the area designated for Protection, provides a corridor connecting the Willow Creek Natural Area with Amazon Creek. We conclude that these factors together make this area of special importance to the functioning of the larger wetland system in terms of wildlife habitat, flood storage, and rare plant habitat. The area designated for Protection contains relatively undisturbed wet prairie habitat, contains significant rare plant populations and is hydrologically connected to Willow Creek, is directly adjacent to Willow Creek and, together with the area designated for Restoration, provides a corridor connecting the Willow Creek Natural Area with Amazon Creek. We conclude that these factors together make this area of special importance to the functioning of the larger wetland system in terms of wildlife habitat, flood storage, and rare plant habitat. 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. This site contains more than 100 acres of wet prairie habitat, some of which is moderate to high quality and some of which has been altered by agricultural practices. Since the criterion requires either large size or moderate to high quality wet prairie, the entire site meets this criterion, as do the areas designated for Development, Protection and Restoration when considered separately, since each is large and comprised primarily of wet prairie habitat. Development Standard 1. The site shall be designatedfor 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 us. Army Corps of Engineers. Speedway Site Ordinance, Exhibit C (Refinement Plan Amendment Findings) Page 8 To date, no fill permit has been approved for this site. Therefore, this site does not meet this standard. Criteria 1. Site is relatively isolated or disconnected from the larger system of wetlands and waterways. This large wetland site is adjacent to protected waterways and wetlands on the east and adjacent to protected waterways or wetlands on a portion of the north and south sides. The site as a whole does not meet this criterion. The area designated for Development is not adjacent to any currently protected wetlands, but is adjacent to wetlands designated in Exhibit A for Protection and Restoration, and therefore does not meet this criterion. Considered separately, the areas designated for Restoration and Protection are adjacent to protected wetlands and to Willow Creek, and, therefore, do not meet this criterion. 2. Site is served by existing streets, roads, sanitary sewers and municipal water. The site as a whole has frontage on West 11 th, Willow Creek Road and West 18th. Sanitary sewer and water lines are adjacent to or within the site along West 11 th and Willow Creek Road. Therefore, the site as a whole meets this criterion. The area designated for Development has frontage along West 11 th, Willow Creek Road and West 18th and could obtain vehicular access from one or more of these. Therefore, the area designated for Development area meets this criterion. The area designated for Restoration has frontage on West 18th, and could be served by existing sewer and water lines. Therefore, the area designated for Restoration also meets this criterion when considered separately. The area designated for Protection has a very small frontage on West 11th. In addition, access is available from the west from Willow Creek Road. Therefore, the area designated for Protection meets this criterion. 3. Site is adjacent to or surrounded by existing development. Part of Site H2 is developed with the Speedway facility. Residential and commercial development also exists along the northern and western perimeters of the site. There currently is no development along the south or east sides of the site, where it is bordered . by protected wetlands. The site as a whole has development within 120 feet along the Speedway Site Ordinance, Exhibit C (Refinement Plan Amendment Findings) Page 9 west wetland boundary, and within 100 to 150 feet along the north wetland boundary. Development off site to the northeast is within 75 feet of the wetland boundary. New development also exists on a separate parcel between the Speedway property and Willow Creek Road (1704334000400). We conclude that with development on the site, and within 75 to 150 feet on two sides, that the site as a whole meets this criterion. The area designated for Development has existing development within 75 to 150 feet on two sides, and therefore meets this criterion. The area designated for Restoration abuts the Speedway facility at its northern end. The Speedway facility is no longer in use, and has not been used in recent years. Since the area designated for Restoration is long and narrow, and the Speedway lies at the narrow end, only a very small portion of the wetlands so designated are close to the development. The majority of these wetlands are more than 400 feet from the nearest development, and most are adjacent to protected wetlands or Willow Creek. In addition, out of a total perimeter of over 5,900 feet, only 800 feet are adjacent to the abandoned Speedway facility. Given the relatively small portion of wetlands that are actually close to the Speedway and the small portion of the perimeter that is close to the Speedway, we conclude that the Restoration area does not meet this criterion. The area designated for Protection surrounds the Speedway facility and has existing development within 75 feet to the north and therefore meets this criterion. 4. Site has frontage on a major highway or street. The Speedway site as a whole has frontage along West 11 th Avenue, Willow Creek Road and West 18th Avenue. The City of Eugene adopted the "Eugene Arterial & Collector Street Plan" in November 1999. This plan designates West 11th Avenue as a major arterial and Willow Creek Road and West 18th Avenue as minor arterials. For the purposes of this analysis, arterial streets are considered "major streets". The area designated for Development has substantial frontage on all three streets, and therefore also meets this criterion. The area designated for Restoration has approximately 900 feet of frontage along West 18th and therefore meets this criterion. The area designated for Protection has approximately 200 feet of frontage on West 11 th, and therefore also meets this criterion. 5. Site has unique characteristics which make it of special importance to the Speedway Site Ordinance, Exhibit C (Refinement Plan Amendment Findings) Page 10 economic development of West Eugene, and allowing development of site would further the goals and objectives of the West Eugene Wetlands Plan. The Speedway site's main distinguishing characteristics for development are its large size and its location on West 11 th Avenue. The site is designated for several different uses in the Metro Plan (light-medium industrial, commercial, medium density residential and high density residential). The largest of these areas is that designated for light-medium industrial use. This large light-medium industrial area with frontage on West 11th is economically significant. Therefore, the whole site meets this criterion. The area designated for Development includes most (approximately 750/0 to 850/0) of the area designated for light-medium industrial use. This area is one of the largest remaining tracts in West Eugene designated for light medium industrial use on the Metro Plan diagram. These factors make this area of special importance to the economic development of West Eugene as a whole. Therefore, the area designated for Development meets this criterion. The area designated for Restoration includes land designated for community commercial, medium density residential and high density residential uses. This area has frontage along West 18th Avenue across from the Nature Conservancy's Willow Creek Natural Area. The significant area of medium and high density residential land in the Willow Creek basin is a unique resource for the economic development of the area. Therefore, this area meets this criterion. The area designated for Protection includes land designated for community commercial use and light medium industrial use. This area currently contains the Eugene Speedway, a use that is probably not compatible in the long term with any future residential development nearby. The commercially designated area lies on the edge of a larger commercially designated area, most of which lies to the east across the Willow Creek Channel. The frontage this area has on West 11th is within 300 feet of the intersection of Beltline Road with West 11th, which may make direct access to West 11 th problematic due to traffic safety concerns. We conclude that the characteristics of this area do not make it of regional importance to economic development, and, therefore, the area designated for Protection does not 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 large size of this site, with its location next to protected wetlands and waterways make successful management and protection of this site a high probability. Therefore, this site does not meet this criterion. Speedway Site Ordinance, Exhibit C (Refinement Plan Amendment Findings) Page 11 The area designated for Development is a large wetland area contiguous with large adjacent wetlands designated for Protection and Restoration. It is adjacent to existing development across Willow Creek Road to the west and across West 11 th to the north. Based upon Metro Plan designations, future adjacent uses will be mostly residential and light medium industrial. This area could managed as part of the larger block of wetland habitat, and though there may be more challenges to successful protection and management due to future adjacent uses, we conclude that it can be protected, and does not meet this criterion. The areas designated.for Restoration and Protection are contiguous with other protected wetlands and waterways and form a large block of wetland habitat with other protected wetlands to the east and south. These areas can be managed in conjunction with other adjacent protected wetlands and waterways and therefore do 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. To date, no portion of this site is providing compensatory mitigation credit. Therefore this site does not meet this standard. Criteria 1. Site contains hydric soils. All of the wetland areas on this site contain hydric soils, therefore the entire site meets this criterion. The areas designated for Development, Restoration and Protection also meet this criterion when considered separately. 2. Site is either a disturbed agricultural wetland or previously exhibited wetland characteristics. Generally, the West Eugene Wetlands Plan considers wetlands to be disturbed agricultural wetlands if they have been altered by agricultural practices, but continue to exhibit important wetland values. This site is a wet prairie site most of which was disturbed by plowing in 1986 and annual mowing for hay. The wetland regulatory agencies (i.e., Oregon Division of State Lands and u.s. Army Corps of Engineers) have confirmed that most of the site is wetland in spite of the agricultural disturbance. Therefore, the site as a whole meets this criterion. Speedway Site Ordinance, Exhibit C (Refinement Plan Amendment Findings) Page 12 The areas designated for Development and Restoration were affected by these agricultural practices, and therefore meet this criterion. The area designated for Protection was not plowed in 1986 and retains much more of its natural character than the remainder of the site. Therefore, this area does not meet this criterion. 3. Site is capable of providing adequate wetland hydrology. The wetlands on this site all have adequate wetland hydrology, primarily from on-site precipitation. All wetland areas of the site meet this criterion. 4. Site does not currently benefit from municipal infrastructure and urban services. Urban services are available to the entire site, therefore none of the site meets this criterion. 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 site as a whole, and the areas designated for Development, Restoration and Protection are each greater than 15 acres in size. Therefore the site as a whole and the areas designated for Development, Restoration and Protection all meet this criterion. D. Summary of Consistency with Adopted Wetland Designation Criteria The table below summarizes how this site meets the wetland designation criteria for Protection, Development and Restoration. Standard Met Protection Description Whole Develop Restore Protect Standard # Site Area Area Area 1 NR designation in Metro Plan No No No No Criterion Met Protection Description Whole Develop Restore Protect Criterion # Site Area Area Area Speedway Site Ordinance, Exhibit C (Refinement Plan Amendment Findings) Page 13 1 Rare species populations Yes No Yes Yes 2 100 Year Floodplain No No No Yes 3 Within 100 feet of protected waterway Yes No Yes Yes 4 Surface water connection to protected Yes No Yes Yes wetlands 5 Habitat diversity Yes Yes Yes Yes 6 Unique Environmental Characteristics Yes Yes Yes Yes 7 Contains Wet Prairie Yes Yes Yes Yes Total Protection Criteria Met (out of 7) 6 yes 3 yes 6 yes 7 yes Standard Met Development Description Whole Develop Restore Protect Standard # Site Area Area Area 1 Valid Corps and DSL fill permits No No No No Criterion Met Development Description Whole Develop Restore Protect Criterion # Site Area Area Area 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 Yes Yes No Yes 4 Maj or street frontage Yes Yes Yes Yes 5 Unique Economic Characteristics Yes Yes Yes No 6 Cannot be protected in perpetuity No No No No Total Development Criteria Met (out of 6) 4 yes 4 yes 3 yes 3 yes Standard Met Restore Description Whole Develop Restore Protect Standard # Site Area Area Area Speedway Site Ordinance, Exhibit C (Refinement Plan Amendment Findings) Page 14 1 Is Mitigation site under approved permit Criterion Met Restore Description Whole Develop Restore Protect Criterion # Site Area Area Area 1 Hydric soils Yes Yes Yes Yes 2 Disturbed Ag or Previous Wetland Yes 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 yes 4 yes 4 yes 3 yes The site does not meet any of the standards, which means it is appropriate to apply the criteria to the site to determine the wetland designations. The tables above show that the site as a whole meets 6 of 7 Protection criteria, 4 of 6 Development criteria and 4 of 5 Restoration criteria. This is consistent with earlier analyses that found that the site had significant values for both economic development and environmental protection. The area designated for Development meets 3 of 7 Protection criteria, 4 of 6 Development criteria and 4 of 5 Restoration criteria. Of the three subareas, this area has the highest Development values and the lowest Protection values. Given the large area included in this site, the development values become more important for the region as a whole. Based on these analyses, we conclude that this area is most appropriate for a Development designation. The area designated for Restoration meets 6 of 7 Protection criteria, 3 of 6 Development criteria and 4 of 5 Restoration criteria. This area meets most of the Protection criteria and most of the Restoration criteria and only half of the Development criteria. This area is adjacent to the protected Willow Creek corridor, and, together with the large block of protected wetlands on the east side of Willow Creek, provides a large, regionally important block of wetland habitat. The area's proximity to the protected Willow Creek Natural Area increases its value. Based on these findings we conclude that this area is most appropriate for Restoration, due to the level of site disturbance and because it does not meet enough of the Development criteria to warrant a Development designation. The area designated for Protection meets 7 of 7 Protection criteria, 3 of 6 Development Speedway Site Ordinance, Exhibit C (Refinement Plan Amendment Findings) Page 15 criteria and 3 of 5 Restoration criteria. Of the three subareas, this area has the highest protection values and the lowest Development values. This area also scores lower against the Restoration criteria. Based on these findings we conclude that this area is most appropriate for Protection. IV. Analysis of Wetland Designations for the Speedway 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 considers the wetland designations for this site as described in Exhibit A. It is important to recognize that when considering one specific site, it may be impossible to completely meet each Metro Plan policy fully on that one site. It is necessary, in cases where policies appear to contradict one another, to evaluate the proposal as to how it meets the criteria on the whole, rather than base the decision on consistency with one or two particular policies. The code requires consistency with the Metro Plan as a whole, not consistency with each individual policy taken out of the whole. The Eugene Code criteria for approval of refinement plan amendments are shown below in bold text, with applicable findings following each section. 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 believe 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." Speedway Site Ordinance, Exhibit C (Refinement Plan Amendment Findings) Page 16 The Speedway site is designated in the Metro Plan for a variety of uses including community commercial, medium industrial, medium density residential and high density residential. Roughly the northwest quadrant of the site is designated for industrial use. Roughly 75-850/0 of the area designated for industrial use is designated for Development. Without a very specific development proposal for the whole site, it is not possible to evaluate the impact of these amendments on jobs with certain characteristics, such as those referenced in Policy 1 above. However, taken in whole, the wetland designations for this site recognize the value of economic development and job creation, though they do not maximize either, in part because they are balanced against other values on the site. Given that most of the industrial land is designated for Development, we conclude that the wetland designations for this site would demonstrate a positive interest in industrial development, and therefore are consistent with this policy. Policy 5, page III-B-5: "Provide existing industrial activities sufficient adjacent land for future expansion." There are no existing industrial uses on this site. 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) . . . " This designation would not preclude proposed improvements to West 18th Avenue or Willow Creek Road designed to provide access to development on this site and other adjacent sites. The designations on this site include an allowance for a 60 foot wide access road to the Speedway facility itself, which is zoned for commercial use. We conclude that this provides adequate access for any future development in this area. Given these factors that ensure adequate access to developable portions of the site, we conclude that the designations on this site are consistent with this 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, and provides direction as to what values to consider when considering protection of wetlands. These amendments will become part of the West Eugene Wetlands Plan, which directly addresses restriction of development in wetlands to protect these values. This site includes over 100 acres of wetlands and borders an important waterway. We will consider here the various wetland values of this site as they are listed in Policy 18: (1) scenic quality, (2) surface and groundwater quality, (3) Speedway Site Ordinance, Exhibit C (Refinement Plan Amendment Findings) Page 17 vegetation and (4) wildlife values. (1) Scenic quality: The scenic quality of this site is primarily based on three factors: its location, the open expanse of undeveloped land and the natural vegetation growing there. This site is immediately north of the Willow Creek Natural Area (WCNA), which is managed by The Nature Conservancy for its environmental values. The site is also next to the Willow Creek Channel, which is a trapezoidal ditch in this reach, and is next to protected wetland to the east. As a continuation of prairie habitat from the WCNA to the south, the site has scenic value as a natural open space. Designating a 900 foot wide corridor in the southeast corner of the site for Restoration will help protect this scenic value by maintaining natural open space in a primary viewshed from the main entry point of the WCNA. (2) Surface and groundwater quality: This site drains into Willow Creek and Amazon Creek. The wetlands on the site provide some storage of stormwater, and provide some water quality benefits through vegetative filtration of stormwater draining from the site into Willow Creek and Amazon Creek. Neither of these functions has been quantified or specifically studied on this site, so this characterization is general in nature. Maintaining open space with natural vegetation within the designated Protection/Restoration corridor would help maintain the existing water quality benefits provided by the wetlands on the site, and would therefore be consistent with Policy 18. (3) Vegetation: Designation of the Speedway vicinity for Protection, and a 900 foot wide corridor for Restoration would ultimately provide for increasing the diversity and quality of native wet prairie habitat on this site. Within the context of the West Eugene Wetlands Plan, the wet prairie plant community is a highly valued plant community. Protection and Restoration of a large portion of this habitat on this site is consistent with Policy 18. (4) Wildlife: The wildlife habitat value of this site depends upon its size, its proximity to Willow Creek and the Willow Creek Natural Area (WCNA) and protected wetlands to the east, and the presence of a large expanse of prairie habitat. Together with protected wetlands and upland habitat in the Willow Creek Natural Area and on the Hyundai site, the Speedway site contributes to a large block of habitat, especially for those species that depend on prairie habitat. These species include prairie nesting bird species such as western meadowlark and species that hunt or forage in grasslands (e.g., raptors, deer). This site is connected to the surrounding forested ridges through connective corridors on the WCNA and on Site HG. Although relatively homogeneous itself, the site contributes to the diversity of the larger habitat system, since large blocks of native prairie are extremely scarce in the Willamette Valley. The designated Protection and Restoration corridor on this site would contribute significantly to maintaining these habitat values, and therefore is consistent with Policy 18. Policy 19, page III-C-9: "Local governments shall develop policies and local Speedway Site Ordinance, Exhibit C (Refinement Plan Amendment Findings) Page 18 controls for protection and management of wetland areas by completion of the next Metro Plan Update." This policy is not directly applicable to the designation of a specific site. The West Eugene Wetlands Plan was originally adopted in 1992, and addresses protection of wetlands. Policy 27, page III-C-IO: "Local governments shall encourage further study by specialists of endangered and threatened plant and wildlife species in the metropolitan area." This site has been surveyed for Lomatium bradshawii, Erigeron decumbens var. decumbens, Horkelia congesta, and Lupinus sulphureus var. kincaidii. Rare plants were mostly found next to Speedway facility and along Willow Creek channel. Aster curtus, a state-listed threatened species, was not surveyed for because the site was mowed before the survey took place. Protection and restoration of a large portion of this site would enable further surveys for and study of these and other rare plant species within the protected and restored areas, which is consistent with this policy. Policy 28, page III -C-1 0: "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." Both Lomatium bradshawii and Erigeron decumbens var. decumbens are listed by the state as endangered. Aster curtus is listed by the state as threatened. Policy 28 gives direction for protection of these species, after notice and public input. The West Eugene Wetlands Plan amendment process has provided notice of proposals to protect the area containing rare plants on this site and has provided an opportunity for public input. Notice and opportunities for input were part of the proceedings before the elected officials. Protecting the known rare plant populations and adjoining habitat that may contain other rare species, as achieved by these amendments, is consistent with Policy 28. Policy 29, page III-C-ll: "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 is intended to give direction to local governments for actions taken after lands are designated as environmentally significant. Therefore this policy does not apply to the process of designating an area as environmentally significant. Policy 2, page III-E-3: "Natural vegetation, natural water features, and drainageways shall be protected and retained to the maximum extent practicable, Speedway Site Ordinance, Exhibit C (Refinement Plan Amendment Findings) Page 19 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." Policy 2 gives direction to orient development to minimize impacts to valuable natural areas. The wetland designations for this site would keep development impacts away from Willow Creek, avoid all known rare plant areas on the site and unplowed wet prairie habitat and provide habitat for expansion of wet prairie plant species. The wetland designations for this site would also provide for development of large areas designated for industrial, medium density residential and high density residential uses. Although the designation of this site does not dictate the design and construction of future development, it does determine where it will happen and minimize its impacts on natural features on the site. Therefore, the wetland designations for this site are consistent with this policy. Section 9.145(2)(b) "The plan amendment is consistent with remaining portions of the refinement plan;" 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 defines goals as "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." See discussion under Metro Plan Policy 18 (p. III -C-9) above for discussion of these values and how the wetland designations for the Speedway site would protect or enhance them. We conclude that the wetland designations for this 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, there are several ways in which the economic hardship caused by wetland protection can be reduced or minimized. These include: 1) allowing the least valuable wetlands to be developed while protecting values of the remaining wetlands, 2) public acquisition of the protected wetlands, with subsequent public maintenance and management. Speedway Site Ordinance, Exhibit C (Refinement Plan Amendment Findings) Page 20 The designation of a substantial acreage of wetlands for Development reflects an effort 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. We conclude that although neither of these actions eliminates economic hardship, they do show a good faith effort to minimize them, and therefore we conclude the wetland designations for the Speedway site are consistent with Goal 3.2. Goal 3.3 "Minimize adverse impacts to protected wetlands from adjacent development. " The wetland designations for the Speedway site include substantial areas designated for Development. The West Eugene Wetlands Plan and its implementing ordinances do not require setbacks upon areas of fill authorized within wetlands. This policy is intended to reduce the financial burden of developing within wetlands designated for Development. In order, then, to minimize impacts from development on this 'site, the area of protection and restoration must be sufficiently wide so that most of the wetland area is not immediately next to the development. In this respect, a wider Protection/Restoration corridor provides more protection for the wetlands in that corridor than a narrower corridor would. A wider corridor would also provide more buffering effect for the WCNA by keeping development further from sensitive rare plant areas on the south side of 18th Avenue. We conClude, therefore, that the existing wetland designations for this site, which include a 900 foot corridor along the east side of the property, are consistent with Goal 3.3. Goal 3.5 "Protect and expand current populations and habitats of rare plants and animals that currently exist in west Eugene." This site contains several plant species that are listed as "rare" in the West Eugene Wetlands Plan. . The wetland designations for this site would protect nearly all of the existing rare plants, and would allow for suitable habitat between these existing plants for expansion of these populations. If only the areas immediately surrounding the existing plants were protected or restored, little opportunity would exist for expansion of the populations. We conclude that the wetland designations for this site would protect and allow expansion of current rare plant populations. Therefore, these designations are consistent with Goal 3.5. 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 Speedway Site Ordinance, Exhibit C (Refinement Plan Amendment Findings) Page 21 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 wetland designations for this site are aimed at protecting and expanding wet prairie habitat. This, along with the requirement to replace through compensatory mitigation those 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." The designated Protection/Restoration corridor is hydrologically and geographically connected to Willow Creek and the Willow Creek Natural Area to the south, and is geographically connected to protected wetland site H3. Together these sites form a large block of wetland habitat linked by an important waterway. The large size and contiguity of these sites make management easier and provide for large interior areas that are not next to development. These factors favor long-term survival of the interconnected wetland system. Since the corridor designated for Protection/Restoration along Willow Creek would contribute to both interconnectedness and sustainability of the wetland system, we conclude that the wetland designations for this site are 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 several times and provided comments. The T AC consists 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 wetland designations for the Speedway site that are inconsistent with state or federal laws, policies or guidelines. Therefore, the wetland designations for the Speedway site are consistent with Goal 4.3 . Goal 4.4 "Increase certainty in the development process." The WEWP increases certainty for developers by providing clear direction about where wetlands exist and where and how development of wetlands can take place. With the wetlands on the site mapped, the designation of the Speedway site, once given final approval, will clarify which areas can be developed and which cannot. We find this Speedway Site Ordinance, Exhibit C (Refinement Plan Amendment Findings) Page 22 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. Most of the wetlands in West Eugene occur on land designated in the Metro Plan for industrial use. This means that most of the wetlands protected involved a reduction in the industrial land supply. The designation of wetlands for Protection and Development on the Speedway site would reduce the inventory of light industrial land in west Eugene by approximately 9.7 acres, while designating more than 85% of the industrially designated wetlands on the site for future development. This 9.7 acre reduction of the industrial land inventory represents a reduction of less than 0.4% to the Metropolitan area inventory of 3,4 75 acres identified in the 1993 Metropolitan Industrial Lands Inventory Report. The impact of this reduction to the buildable lands inventory is further analyzed in a formal statement of statewide goal findings attached as Exhibit B. For the purposes of this analysis, we find that most of the industrial land has been reserved for future development, which is consistent with Goal 4.5. c. WEWP Policies The West Eugene Wetlands Plan contains the following policies (related findings follow each policy) that are applicable to a decision about how to designate a new wetland site. 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 used to evaluate actions relative to the Plan (WEWP preface, page x)." Policy 3.8 Establish, maintain and protect physical and hydrologic linkages between protected wetland and adjacent transitional and upland wildlife habitat and natural areas. The designated Protection/Restoration corridor along the east side of the site would maintain and protect linkages between wetlands on this site (including rare plant habitat), with Willow Creek, the Willow Creek Natural Area to the south, and the protected wetlands on site H3 to the east. The designated Restoration corridor provides for more wetland habitat connected with Willow Creek, and provides a broad geographic connection with the WCNA. These linkages make the wetland designations for the Speedway site consistent with Policy 3.8. Policy 4.1 Mitigation efforts shall help to reestablish a connected system of wetlands, waterways and upland resources. This policy provides direction on where to conduct mitigation projects that replace Speedway Site Ordinance, Exhibit C (Refinement Plan Amendment Findings) Page 23 authorized impacts on other sites, that is, in places where they will contribute to the connectedness of wetlands, waterways and upland natural areas. Designation of a 900 foot corridor, south of the Speedway facility, along the eastern edge of the property would facilitate future mitigation in an area that would provide a connection of wetlands on-site to Willow Creek and the Willow Creek Natural Area to the south. The 900 foot width provides a better connection with the WCNA than a narrower corridor would because it has a broader shared boundary with the WCNA. The wider connection provides more points of access for animal movement, more contact with wind-borne seeds and more buffering effect for the WCNA by keeping development further from sensitive rare plant areas. These aspects of the wetland designations for the Speedway site make them 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 historically comprised approximately 400,000 acres in the valley. Designation of the restoration corridor along Willow Creek will 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 Restoration corridor is consistent with Policy 4.3. D. Additional Criteria for Approval of Refinement Plan Amendments The following sections address the remaining approval criteria in the Eugene Code for refinement plan amendments. Section 9.145 (2)(c) "The plan amendment is found 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 wetlands on this site have been re-delineated and new rare plant inventories have been conducted on this site. Re-de1ineation was required by a policy in the original Speedway Site Ordinance, Exhibit C (Refinement Plan Amendment Findings) Page 24 WEWP. In addition, the DSL and the Corps, in their respective approvals of the WEWP as a Wetland Conservation Plan, did not approve the designation of this site and sent it back for revision. Since Goal 5 consistency for wetland related resources in the Plan area depends upon WCP approval by DSL (in accordance with ORS 196.686(8)), the designation for this site must be amended. Section 9.145 (2)(c) 4. "A change in public policy." Not applicable. E. Summary of Consistency with Approval Criteria The above analysis has shown that the designations for the Speedway site (H2) described herein are consistent with the West Eugene Wetlands Plan wetland designation criteria and the criteria for adoption of a refinement plan amendment. C:\User\NEIL\WEWPAM\Site Amendments 2000Duly 24,2000 Packet\7-24_Speedway Ordinance, Exhibit C, Findings-3b.wpd-September 18, 2000 Speedway Site Ordinance, Exhibit C (Refinement Plan Amendment Findings) Page 25