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HomeMy WebLinkAboutOrdinance No. 20259 ORDINANCE NO. 20259 AN ORDINANCE AMENDING THE WEST EUGENE WETLANDS PLAN TO REDESIGNATE PROPERTY WITHIN THE MODIFIED PROJECT ALIGNMENT OF THE WEST EUGENE PARKWAY FROM PROTECT AND RESTORE TO PLANNED TRANSPORTATION CORRIDOR; ADOPTING A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. The CiW 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 Cky 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. OnMay 20, 1998, the City Council enacted Ordinance No. 20119, amending the West Eugene Wetlands Plan to establish the new Planned Transportation Corridor and Utility Corridor wetland designations: on July 8, 1998 enacted Ordinance No. 20126, adopting new or revised Plan policies and text; on February 22, 1999 enacted Ordinance No. 20147, adopting Planned Transportation Corridor ~wetland designations for City of Eugene properties located within the West t 8~h and West 11th Avenue Road Improvement Projects; on October 11, 1999 enacted Ordinance No. 20171 amended Ordinance No. 20126 to adopt new and revised policies related to the criteria for wetland designations consistent with Board Ordinance No. PA 1133; on July 26, 2000 enacted Ordinance No. 20200, adopting new or revised wetland designations for various sites within the Plan boundary and related policy and text amendments; on August 7, 2000 enacted Ordinance No. 20201, adopting new wetlands designations for the Hyundai site and related text amendments; and on September 11, 2000 enacted Ordinance No. 20208, adopting new wetlands desigmations for the Speedway site and related text amendments. D. Following a joint public hearing with the Lane County and Springfield Planning Commissions and the Lane County Roads Advisory Cormmktee on February 20~ 2002, the Eugene P~anning Commission met on March 18, April 8 and April 15, 2002 and recommended to the Eugene City Council that the amendments to the West Eugene Wetlands Plan to redesignate property wkhin the modified prqiect alignment of the West Eugene Parkway from protect and restore to planned transportation corridor, not be adopted (motion to adopt failed, 0:6). Ordinance- 1 E. On May 29, 2002, the City Council conducted a joint public hearing with the Lane County Board of Commissioners, Springfield City Council, and Lane Transit District Board of Directors on these an~endments and is now ready to take action based upon the above recommendations and the evidence and testimony already in the record as well as the evidence and testimony presented at the public hearings held on adopting revisions to the West Eugene Wetlands Plan. SUbstantial 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 OP, DA~[N 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, Ordinance No. 20171, Ordinance No. 20200, Ordinance No. 20201 and Ordinance No. 20208 is hereby further amended as set forth in Exhibit A attached and incorporated herein by this reference. Section Z Although not part of this Ordinance, the findings in attached Exhibit B are adopted in support of this Ordinance. Section 3. If any section, subsection, sentence, clause, phrase or portion of this Ordinance is fbr any reason held invalid or unconstitutional by any court ofcompetentjurisdiction, such portion shall be deemed a separate, distinct and independent provision, and such holding shall not affect the validity of the remaining portions hereof. 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. Passed by the C~ty Council this Approved by the Mayor this 8~~ day of July, 2002 8th day of Julys 2002 City Recorder Ordinance - 2 Exhibit A page1 of 2 Exhibit A Exhibit A Page 2 of 2 E~hibit B Findings of Consistency of West Eugene Wetlands Plan Amendments with Refinement Plan Araendment Criteria The West Eugene Wettands Plan was adopted as a refinement plan to the Eugene-Springfield Metropolitan Area General PIan (Metro Plan) by the Eugene City Council and Lane County Board of Commissioners in 1992. The West Eugene Wetlands Plan was amended by these oftlcials in 1995~ 1998, 1999 and 2000. The amendments are incorporated in the November 2000 West Eugene Wetlands Plan. The West Eugene Wetlands Plan is an approved wetland conservation plan as defined in ORS 196.800(15). Approval for the plan as a Wetland Conservation Plan was originally gr~anted by the Oregon Division of State Lands in September 1994. DSL's approval was amended by Final Order 97-003 in September 1997. In 1999~ as required by ORS 196.684~ DSL conducted a five- year review of plan ~mplementation and issued Modified Final Order 99-003. On April 18, 2002, Division of State Lands Final Order 02-001 approved the amended West Eugene Wetlands Plan (November 2000), ~rith conditions, as a Wetland Conservation Plan under ORS 196.678 to ORS 196.684. Generally, conditions relate to Plan reporting and implementation; additional conditions related to Plan amendment and five-year DSL review cite ORS 196.684 requirements. Section 9.8424 of the Eugene Land Use Code and Section 9.145(2) of the Lane Code le Area Land Use and Zoning list the criteria for refinement plan amendments. The Eugene Land Use Code applies within the Eugene City limits; the Lane Code Urbanizable/Xmea Land Use and Zoning applies within the area between the Eugene city' limits and the urban growth botmdary. In the findings below, text from the Eugene Land Use Code is printed in bold; text from the Lane Code Urbanizable Area Land Use and Zoning (where there is comparable text) is printed directly under the Eugene Land Use Code text and is underlined. The findings below demonstrate that the amendments to the West Eugene Wetlands Plan to apply the Planned Transpor~tion Corridor wetland designation to specific properties along the West Eugene Park-~ay Modified Project alignment are consistent with the criteria for refinement plan amendments. The planned transportation corridor policy in the West Eugene Wetlands Plan (%~WP) was analyzed for consistency with the Statewide Planning Goals, all applicable policies from the Metropolitan Area General Plan (Metro Plan) and the remaining policies o£the WEWP at the time of adoption of the policy in 1998. Therefore, site designations that are consistent with the planned transpor~tion corridor policy are considered consistent with the Statewide Planning Goals, Metro Plan and remaining WE~v? policies as well. Even though demonstration of consistency with this WEWP policy would be sufficient to establish consistency with the Statewide Planning Goals and Metro Plan, findings of consistency with the Statewide Plauning Goals and the Metro Plan are provided below to fi. trther establish authority for the proposed amendments. West Eugene Wetlancks Plan Amendments Exhibit B ~ Findings P~el Section 9.8424 (1) The plan anaendmen~ is cons~s(en~ wi~h all of ~he following: ..... the gr~posed change is_cons a {a} Statew[de Planning Goals cri~rion not included in Lane Co0¢Urbanizab!¢ Area L~d..UsCand 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~ The West Eugene Wedands Plan is also an approved wetland conservation plan as defined in ORS 196.800(1 These amendments to the West Eugene Wetlands Plan affect properties wbfich have received the Protect or Restore wetland designations ~ough previous pkarming actions. These amendments are changes to the Wetland Designations Map (Map 3} of the West Eugene Wetlands Plan. This map applies one or more of several defined wetland designations to each inventoried wetland in the stud}, area. These amendments only involve the application of the "Plarmed Transportation Corridor" designation. This designation is applied to areas previously designated for restoration or protection to allow needed roadway improvements. Findings s exceptions to Statewide Planning Goals 3, 4, 11 and 14 for the West Eugene Parkway Modified Project and demonstrating project consistency with other applicable Statew/de Planning Goals, prepared for the Oregon Depaxtment of Transportation, are incorporated by reference in this document andattached as ...... ~xmm~s "~l, ~tz-z, and "C-3' to the findings for the s to TransPlan, the Metro Plan and the Lane County Rural Comprehensive Plan and are incorporated herein by this reference. The Exhibk "C-l,' "C-2,' and "C-3' findings address only that portion of the West Eugene Parkway that is west of Belfline, as portions east of Belttine have already been acknowledged as consistent with the Statewide Planning Goals. G~[ I; Citiz¢~ Involvement To develop a citizen involvement program that insures the opportunity for citizens to be involved m all phases of the planningprocess. Chapter 9 of the Eugene Code, 1971 establishes procedures for refinement plan amendments. Under the August 1, 2001 Land Use Code, notice requirements for refinement plan amendments exceed the notice requirements for Metro Plan amendments. On Jam~y 4, 2002, notice of the proposed amendments to TransPlan, the Metro Plan and the Lane County Rural Cornprehensive Plan and the West Eugene Wetlands Plan was delivered to the Department of Land Conservation and Development. An amended notice, ~ncludkng revised date of final heating, was delivered to the Department of Land Conservation and Development on February 1, 2002. On January 4, 2002, notice of the proposed amendments to TransPlan, the Metro Plan and the Lane County Rural Co ire Plan and the West Eugene Wetlands Plan was delivered to the Department of Land Conservation and Development. Am amended notice, including revised date of final heating, was delivered to the Department of Land Conservation and Development on February 1, 2002. Section 9~7520 of the Eugene Code requires that written notice of the refinement plan West Eugene Wetlands Plan Amendments Exhibit B ~ Fkadkngs Page 2 amendment heating and the nature of the request be mailed at least 30 days before the planning commission public heating to the Lane County and Springfield planning directors, all rhood groups officially by the city council and community organizations that have submitted written requests for notification. On January 18~ 2002, written notice of the February 20, 2002 joint public heating of the Eugene, Lane County and Springfield planning commissions and the Lane County Roads Advisory Committee (LCRAC) was mailed to a consolidated list of interested parties provided by the Oregon Department of Transportation (West Eugene Parkway list), Lane Council of Governments (TransPlan testimony list) and staff (West Eugene Wetlands Plan agency list and other interested parties). Approxknately 1,5t90 notices were mailed. The Eugene code also requires that a legal ad be published at least 20 days in advance of the public hearing. The legal ad was published in the Eugene Register-Guard on January 30, 2002. In addition, the city has developed a West Eugene Parkway web site. The public heating notice and maps and the staff report were published on the web site. This notification exceeds the requirements of the Eugene Code. The refinement plan amendment process includes two public hearings: the first before the planning commissions and roads advisory committee and the second before the adopting officials. Those who provided their address with their written or oral testimony to the plamfing commissions and LCRAC received written notice of the joint adopting officials public heating. These hearings ample ity for public involvement consistent wSth Goal i. Therefore, these nts to the West Eugene Wetlands Plan comply with Goal 1~ Goal__2;~ Land Use Planning Goal 2, Land Use Plar~rfing includes two parts. Part I, Planning, addresses general planning and coordination requirements; Part II, Exceptions, addresses exceptions to statewSde planning goals. Goal 2 requires that plans be coordinated with the plans of affected governmental un/ts and that ies be provided for review and comment by affected units. The Goal defines "Affected Governmental Units" as'~2tose local governments, state and federal agencies and special districts which have programs, land ownerships~ or responsibilkies within the area included in the plan." To comply with the Goal 2 coordination requirement~ the City coordinated the adoption of these amendments with all affected governmental units. Specifically, notice was ma~led to: Lane County, Springfield and Lane Transit District, which are parties to the decision; the Lane Council of Governments; the following Federal agencies: Federal Highway Administration, Bureau of Land Management, U.S. Army Corps of Engineers, U.S. F~sh and Wildlife Service, Environmental Protection Agency, National Marine Fisheries Service, National Park Service, Federal Aviation Admkfistmtion~ and Department of Housing and Urban Development; and the followdng state agencies: Department of Transportafion~ Department of Land Conservation and Development, Division of State Lands, Department of Environmental Quality, Department of Energy, Department of Agriculture and State Historic Preservation Office~ Findings demonstrathag an adequate factual base supporting the shift in West Eugene Parkway from the 1990 Approved Design to the Modified Project and justifying exceptions to Planrfing Goals 3, 4, 11 and 14 are set forth in the following documents provided by West Eugene Wetlands Plan Amendments Exhibit B ~ Fk~dh~gs P~e3 the Oregon Department of Transportation, which are attached to the findings for the amendments to TransPlan, the Metro Plan and the Lane County Rural Comprehensive Plan and are irtcorporated herein by this reference: Exhibit C4 . West Eugene Parkway Modified ProJect -- Consistency with the Statewide Planning Goals and Transportation Planning Rules prepared for ODOT by Mark J. Greenfiel& Exhibit C~2. Alternatives Considered ~ West Eugene Parkway, prepared for ODOT by Jay McRae, CH2M Hilt Exhibk "C~3~: Incompatible Adjacent Land Uses in the ~rEP Project Area~ prepared for ODOT by Sheryl Chfistensen Therefore~ the amendments comply wkh Goal 2. ~ A ands To preserve and maintain agricultural lands. Findings justifying an exception to Goal 3 for the portion of the West Eugene Parkway Modified Project al located outside the urban growth boundary are set forth in the folloMng provided by the Oregon nt of Transportation, which are attached to the findings for the amendments to TransPlan, the Metro Plan and the Lane County Rural C nsive Plan and are incorporated herein by this reference: Exhibit "C* 1": West Eugene Parkway Modified Project ~ Consistency wSth the Statew4de Planning Goals and Transportation Planning Rule, prepared for ODOT by Mark J. Exhibit "C-2': Alternatives Considered West Eugene Parkway, prepared for ODOT by Jay McRae, CH2M Hill Exhibit "C~3": Incompatible Adjacent Land Uses in the WEP Project Area, prepared for ODOT by Sheryl Chfistensen Lands To conserve forest lands. F~ndings justifying an exception to Goal 4 for the portion of the West Eugene Parkway Modified Project alignment located outside the urban growth boundary are set forth in the follow4ng documents provided by the Oregon Department of Transportation, which are attached to the findings for the amendments to TransPlan, the Metro Plan and the Lane County Rural Comprehensive Plan and are ktcorporated herein by this reference: Exhibit "C4~: West Eugene Parkway Modified Project -- Consistency with the State~,~4de Plamning Goals and Transportation Planning Rule, prepared for ODOT by Mark J. Crreenfield. Exhibit "C-2': Alternatives Considered ~ West Eugene Parkway, prepared for ODOT by Jay McRae, CH2M Hill Exhibit "C-3~: Incompatible Adjacent Land Uses in the WEP Project Area, prepared for ODOT by Sheryl Christensen West Eugene Wetlands Plan Amendments E~b~t B ~ Fh~dktgs Page 4 ._Scenic andHistoric Area& and Natural Areas_ To conserve open space and protect natural and scenic resources. The Goal 5 natural resource inventory for the Eugene-Springfield Metropolitan Area General Plan acknowledged in 1982 is shown on Map 3~ Metropolitan Area General Plan Background Report, Natural Features & Airport Limitation Areas. Follow~ng acknowledgment of the Metro Plan, in 1992, Eugene and Lane County adopted the West Eugene Wetlands Plan (WEWP), ~vhich expanded the wetlands inventory for this area. The WEWP was subsequently amended in 1995, 1998~ 1999 and 2000. The West Eugene Wetlands Plan is an approved wetland conservation plan as defined in ORS 196.800(15). Approval for the plan as a Wetland Conservation Plan was originally granted by the Oregon Division of State Lands in September 1994 and was amended by Final Order 9%003 in September 1997. In 1999, as required by ORS 196.684, DSL conducted a five-year review of plan implementation and issued Modified Final Order 99-003. On April 18, 2002, Division of State Lands Final Order 02-001 approved the mnended West Eugene Wetlands Plan (November 2000), with con~tions~ as a Wetland Conservation Plan under ORS 196.678 to ORS 196.684. , conditions relate to Plan reporting and implementation; additional conditions related to Plan amendment and five-year DSL review cite ORS 196.684 requirements. The amendment to the West Eugene Wetlands Plan to apply the Planned Transportation Corridor to prope~ withha the West Eugene Parkway Modified Project alignrnent does not amend the policies of the West Eugene Wetlands Plan. Rather, it implements Policy 3.22 which states the es under which the Planned Transportation Corridor wetland designation can be applied. ORS 19&684(8) specifies the relationship between Wetland Conservation Plan approval and c with Goal 5: "Wetland conservation plans approved by the D~rector of the Division of State Lands pursuant to ORS 196.668 to 196.692 shall be deemed to comply v~4th the requirements of any statewide planning goals related to wetlands, other than estuarine wetlands, for those areas, ~zses and activities which are regulated by the plan." [See also, ORS 197.279] Approval of the kVest Eugene Wetlands Plan by the Oregon Division of State Lands (DSL) as provided by law, satisfies all the requirements of any applicable statew~de planning goal related to wetlands (including Goal 5) for those areas, uses and activities wl~fich are regulated by the plan. The findings of goal compliance made as paw of initial adoption of the WEWP and of adoption of subsequent amendrnents remain essentially unaffected by these amendments. The 1992 West Eugene Wetlands Plan designated the wetlands along .the West Eugene Parkway Approved Design for development. As a result, this project was anticipated and incorporated in the West Eugene Wetlands Plan. The Planned Tra~pt~rtation Corridor wetland designation, adopted and acknowledged in 2000, has also been approved ,Mth other amendments to the West Eugene West Eugene Wetlands Plan Amendments Exhibit B ~ F~ndings Page 5 Wetlands Plan by DSL Final Order 02~001, April 18, 2002. The northern alignment studied in the draft SDEIS was selected as the Preferred Alternative because it reduced impacts to high- quality . As a result of these factors, previous findings of Goal 5 compliance remain essentially unaffected by shining the alignment from immediately south of the railroad tracks to immediately north of the railroad tracks. The fundamental program developed for Goal 5 compliance essentially remains unchanged. The policies and criteria of the '¢,rEWP operate as a tool to fixther Goal 5 compliance by assisting in determining the significance of wetland resources, the conflicts and the economic, social, e 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 Plan boundao~, keeping in mind that the larger system of which these wetlands are a part extends beyond this and other political boundaries. The West Eugene Wetlands Plan was developed in coordination with several key state and t~deral agencies involved in wetlands regulation and planning: Division of State Lands (DSL), Army Corps of rs (ACOE), Environmental Protection Agency (EPA), and the United States Fish and Wildlife Service (USFWS). The Plan was also coordinated with local offices of other applicable local, state and federal agencies. ODOT has requested comments from these on the August 1997 Draft Supplemental Environmental Impact Statement for the West Eugene Parkway. In 2000, the Bureau of Land Management was offered cooperator status in preparation of the Supplemental Final Environmental Impact Statement for the West Eugene Parkway. In October 2000 BLM accepted formal cooperator status and has submitted comrnents on the August 1997 Draft Supplemental Statement. F dernonstrating compliance of the West Eugene Parkway Modified Project alignrnent with Goal 5 are set forth in Exhibit "C-i,' which is attached to the findings for the amendments to TransPlan, the Metro Plan and the Lane County Rural Comprehensive Plan and is incorporated herein by this reference: West Eugene Parkway Modified Project Consistency v~Sth the StatewSde Planning Goals and Transportation Planning Rule, prepared for ODOT by Mark J. Greenfield. The amendments are consistent with the applicable policies of the Metro Plan and the November 2000 West Eugene Wetlands Plan, which has been adopted as a Wetland Conservation Plan by the Oregon Division of State Lands. Therefore, these amendments to the West Eugene Wetlands Plan comply with Statewide Planning Goal 5. To maintain and improve the quality of the air, water and land resources of the state. Findings demonstrating compliance of the West Eugene Parkway Modified Project alignment with Goal 6 are set forth in Exhibit "C-I,' which is attached to the findings for the amendments West Eugene Wetlands Plan Amendments Exhibit B ~ Findings Page 6 to TransPlan, the Metro Plan and the Lane County Rural Comprehensive Plan and is incorporated herein by this reference: West Eugene Parkway Modified Project --- Consistency w/th the Statewide Planning Goals and Tr~sportation Planning Rule; Prepared for ODOT by Mark J. Greenfield. Goal 7~: A .to Natural Disasters and Hazards To protect life and p;°Perty-f~--~-m'~natura} disasters and hazards~ Findings demonstrating compliance of the West Eugene Parkway Modified Project alignment with Goal 7 are set forth in Exhibit "C-i~' which is attached to the findings for the amendments m TransPlan~ the Metro Plan and the Lane County Rural Comprehensive Plan and ~s ~ncorporated herein by this reference: West Eugene Parkway Modified Project Consistency w~th the Goals and Transportation Planning Rule~ prepared for ODOT by Mark J. Greenfield. Recreatio ed_s 7~o Satisfy the reCreational needs of the citizens qf the state ami visitors and, where appropriate, to provide for the siting of necessary recreational facilities including destination resorts. In July 2001, the Bureau of Land Management approved the Recreation, Access, and Envkonmenml n Plan for the West Eugene Wetlands. This Plan was prepared jointly by the Bureau of Land City of Eugene and Lane Council of Governments. Following page 5 of the Plan is a map entitled "All Proposed FaciFrfies." The West Eugene Parkway Modified Project alignment is shown as "Planned Parkway ?' The West Eugene P Modified Project alignment is also shown on the map entitled "Management Areas" follow~ng page 20 of the Plan as "Planned West Eugene Parkway." Page 20 of the report states: "In the event that the West Eugene Wetland Plan is amended in the future to allow for new or plarmed roadways or other project, the management areas Map would be refined accordingly." Therefore, although the Planned Transportation Corridor wetland designation had not been applied to the Modified Project alignment at the time the Recreation, Access, and Envko~xnental Education Plan for the West Eugene Wetlands was approved, this Plan acknowledged the West Eugene Parkway Modified Project alignment as a planned project and provided for ftmher refinement of the plan following amendment to the West Eugene Wetlands Plan to apply the Planned Transportation Corridor wetland designation. ,,F~.i~ndings demonstrating compliance of the West Eugene Parkway Modified Project alignment th GOal 8 are set forth in Exh/b~t "C-l," which is attached to the fmdk~gs for the amendments to TransPtan, the Metro Plan and the Lane County Rural Comprehensive Plan, and is ~ncorporated here~n by this reference: West Eugene Parkwcay Modified Project[ Consistency with the Statewide Planning Goals and Transportation Planning Rule, prepared for ODOT by Mark J. Greenfield. ~conomic Developm_e_n._.t To provide adequate opportunities throughout the state for a variety of economic activities vital West Eugene Wetlands Plan Amendments Exhibit B ~ Findings P~e7 to the health, we~fare, and prosperity of Oregon's citizens. Since these amendments only apply the Planned Transportation Corridor designation to non- buildable areas (i.e., wetlands designated for protection or restoration) and the designation only allows road improvements~ they do not affect the buildable land inventory. This finding is also based upon these facts: The areas designated by these amendments for Planned Transportation Corridor are vacant, undeveloped areas. Therefore, these amendments wilt not apply to existing development~ and do not apply new land Use restrictions to existing development. There are no impacts to the buildable lands inventory resulting from these amendments since they/nvOlve a change in designation fforn a non-developable category ("Protect" or "Restore") to another category alloMng only roadway improvements ("Planned Transportation Corridor"). I Lands: These amendments to the West Eugene Wetlands Plan will not reduce the of land currently available for industrial , since they affect only land that was sly able for development. Consequently, they leave adequate developable industrial land vdthin the Eugene-Springfield metropolitan area within the 20-year pefio& Therefore, these amendments are consistent with Goal 9 ,Mth respect to industrial land. Commercial Lands: These amendments do not include any land designated ibr commercial use in the M Area General Plan. ~sing To provide for t[~-e housing needs of citizens of the state. The West Eugene Parkway does not directly impact any area identified for housing. Theretbre~ these amendments do not affect compliance w/th Goal 10. ._Publ~c..Facd~[~es and Sermces To plan and deVe timely, orde/l~and efficient arrangement of public facilities and services to serve as a framework for urban and rural development Findings demonstrating compliance of the West Eugene Parkway modified project located inside the urt~n growth boundary aTnd justifying an exception to Goal ~ 1 for the porti;n of the West Eugene Parkway Modified Project alignr~ent located outside the urban growth boundary are set forth in the fbllow'ing documents provided by the Oregon Department of Transportation, which are attached to the findings for the amendments to TransPlan: the Metro Plan and the Lane County Rural Co ive Plan and are incorporated herein by tb2s reference: Exhibit"Cq~: West Eugene Parkway Modified Project ~ Consistency ,~4th the Statevdde Planning Goals and Transportation Planning Rule, prepared for ODOT by Mark J. Greenfield. "C-2": Considered West Eugene Parkway, prepared for ODOT by Jay West Eugene Wetlands Plan Amendments EXhibit 1~ ~ F~dk~gs Page 8 Exhibit McRae, CH2M Hill Incompatible Adjacent Land Uses in the WEP Project Area, prepared for ODOT by Sheryl Christensen To provide and encourage a safk, convenient and economic tramportation system. The West Eugene Parkway was first proposed as the "6tk/7th Extension" in the T-2000 Plan adopted in 1978 by Eugene, Springfield, Lane County and the Lane Transit District. The public reviewed and commented on a draft Environmental Impact Statement (EIS) for the project in 1985~8& That process determined the general route of the proposed 4-lane roadway, which was remamed the West Eugene Parkway. Under the provision of the City' Charter that reqtfires a vote on alimited-access throughway, the City Council placed a measure on the ballot in November 1986 asking ,~Vhether or not the West Eugene Parkway should be constructed along the east-west route preferred by the City Council. The voters approved the measure. The project-was included in the 1986 TransPlan, which superseded the T-2000 Plan, Although a final EIS was issued in 1990, subsequent funding constraints and environmental concerns resulted in phasing the project in four distinct phases, and additional environmental studies to augment the original ElS work. A draft supplemental EIS ,,vas issued for public comment in 1967, mad the final supplemental EIS is penr~ing. On December 2000~ Eugene received a letter from ODOT specifying land use actions necessapy to move forward wSth the conclusion of the final supplemental Environmental Impact Statement for the West Eugene and construction of Ur& 1-A of that project, Although state administrative rules do not require completion of land use actions tbr future phases of a project prior to issuance of an Enviromuental Impact Statement, both the federal Bureau of Land Management (BLM) and the Federal Hig-hway Adminisl~ation (FHWA) had submitted letters to ODOT stating that all land use actions must be completed prior to issuance of the final supplemental Em, ironmental Impact Statement for the West Eugene Parkway. In November 2001, Eugene voters approved a ballot measure directing the City "to pursue funding and transportation and land use approvals to facilitate construction of the West Eugene Parkway." the Planned Transportation Corridor wetland designation to the Modified Prqiect alignment will complete the West Eugene Wetlands Plan wetland designation changes required to allow conclusion of frae final supplemental Envkonmental Irnpact Statement and construction of the West Eugene Parkway. Therefore, these amendments comply ;~5th Goal 1Z To conserve energy. Findings demormtrating compliance o~ the West Eugene Parkway Modified Project alignment wSth Goal 13 are Set forth in Exhibit C-I'' provided by the Oregon Department of West Eugene Wetlands Plan Amendments Exhibit B ~ Fhndkngs Page 9 Transportation, which is attached to the findings fbr the amendments to TransPlan, the Metro Plan and the Lane County Rural Comprehensive Plan are is incorporated herein by this reference:: West Eugene parkway Modified Project -- Consistency with the Statew/de Planning Goals and Transportation Plarmk~g Rule~ prepared for ODOT by ~ark J. Greenfield. U~_~nization To provide.for an orderly and efficient transition from rural to urban land use. Findings demonstrating compliance with Goat 14 fbr the portion of the West Eugene Parkway Modified Project alignmem located within the urban grov~th boundary and justif~fng an exception to Goal t4 for the portion of the West Eugene Parkway Modified Project alignment located outside the urban growth boundary are set forth ~n the following documents provided by the Oregon Depm-tment of Transportation, which are attached to the findings for the amendments to TransPlan, the Metro Plan and the Lane County Rural Comprehensive Plan and are incorporated herein by this reference: Exhibit "C~i~': West Eugene Parkway Modified Project Consistency wSth the Statewqde Planning Goals and Transportation Planning Rule, prepared for ODOT by Mark J. Greenfield. Exhibit "C~2~: Alternatives Considered West Eugene Parkway, prepared for ODOT by Jay McRae, CH2M Hill Exhibit "C-3': Inc le Adjacent Land Uses in the WEP Project Area, prepared for ODOT by Sheryl Christensen Goal J 5 : Willamett¢~RiEer~Greenwa?~ Goal 16: Estuarine Resources : Coastal Shore~ands Goal Oce ' These goals do not apply. (b) Applicable provisions of the Metro Plan ..umendment is consistent w/th the Metropolitan Area General Plan; The thrust of the West Eugene Wetlands Plan has been to attempt to balance development within wetland areas with protection of the most valuable wetlands, and replacement of lost wetlands through mitigation. These amendments are consistent vdth that apl~roaclk in that any wetlands filled Within the planned Transportation Corridor would be replaced through mkigation. re, tiffs approach is supported by Metro Plan policies listed below, which call for protection of wetlands as well as maintaining adequate land fbr development. The process of designating wetlands for protection and development is, in part, directed by state and federal law~, which set forth guic~elines fbr determining whether a given wetland can be filled and developed. Within this regulatory context, the proposed amendments are appropriate and consistent with Metro Plan policy. West Eugene Wetlands Plan Amendments Exhibit I~ ~ F~nd[ngs Page I0 1t~e Metropolitan Plan contahns the follov, dng policies which address the proposed amendments (related findings follow each policy): E onomlc Policy 18, page III-B-5. 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 l~etropolitan Area Transportation Plan (TransPlan)...' The primary purposes of the West Eugene Parkway, as stated in the Supplemental Envirom-nental Impact (August 1997), include: - Provide a major access-controlled east-west connecting arterial for intra- and inter~ regional and city,Mde travel through the western half of the City of Eugene, between Highway 126 to the west and the I-5~-105 corridor to the east~ Improve access to the West Eugene industrial area via direct connections with only strategic crossroads, thereby supporting orderly and planned growth. These amendments will facilitate consWaction of the West Eugene Parkway and are therefore consistent vdth this policy. En imnmental Resources 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 wetland~ in order to prot~ct the scenic quality, surface water and grotmdwater quality, ibrest values, vegetafmn, and wildlife values of those areas. The West Eugene Wetlands Plan was developed to manage deYelopment in and around wetlands in West Eugene, which is sufficient to meet this policy. This policy does not give direction for protection of resources on individual sites. Resources Policy 28, page III-C-10: "Local governments shall protect endangered and threatened plant and w~Idlife species, as recognized on a legally adopted statewide list, after notice and opporttmity for public input." Findings in quotations were provided by the Oregon Department of Transportation: ~e Approved Destgn for the West Eugene Parkway was selected ~n the 1990 Reco of Dec~sion (ROD) after completion of a Final Environmental Impact Statement. Subsequent to ~ssuance of the FEIS in 1990, new inventow ~nformation was developed~ and pro~,4sions codified, regardh~g wetlands and rare plant species in West Eugene. Specifically, it became apparent that the Approved Design co}l,d result in substantial impacts to rare wetlands and to "endangered" or "threatened plant species that are concentrated in the west end of the project and south of the railroad tracks. These new circumstances prompted the need ~o reevaluate the WEP alignment west of Terry Street t° the Highway 126 connection. To address this new information, and other issues related to traffic operations, a Modified W'est Eugene Wetlands Plan Amendments EXhibit B ~ Fhndhlgs P~ell Project was developed. The Modified Project was evaluated through a Supplemental Environmental Impact Statement publiShed in 1997. "The Modified Project was selected as the Preferred Alternative over the Approved Design for the following reasons: The Modified Project has less impacts on state and federally listed species~ The Approved Design would have required removing 22 plants of the Willame~e Valley Daisy and 17 clumps w/th 2,200 stems of the White-topped aster. The Modified Project will require removal of no Willamette Valley daisies and 3 clumps with 517 stems of the White-topped aster. The Modified Project is "likely to adversely affecf' Fender'sblue because of the possibility of incidental takes resulting from butterfly [mpacts w~th vehicles using the facility. The Approved Design would have had similar or greater impacts to the butterfly since the alignment of that alternative is closer to the nearest population of Kincaid's lupine known to be serving as a host to the butterfly.' ~Three species found in the area of the West Eugene Parkway were federally listed as d or endangered render the Species Act on January 25, 2000~ after release of the Supplemental Draft Environmental Impact Statement: Fender's blue butterfly, its host ~lant ~ncaid's lUPine~ and the Willamette Valley Daisy~ "A Biological Assessme~ was prepared in 1996 to evaluate project impacts to the federally listed Bradshaw s lo~ati~m, the Willamette Valley d~isy (which was proposed for listing at that time), and ed aster (a species of concern). ODOT ~nitiated informal consultation w4th U.S. Fish and Wildlife Service (USFWS) and received concurrence from USFWS that the project would have no effect on those species m a letter dated March 26, 1997. "ODOT a Biological Assessment of project impacts to Fender's blue butterfly and Kincaid~s lupine and initiated formal consultation with USFWS in December 1999, prior to the formal listing of those species. USFWS prepared a Biological Opinion (June 6~ 2000) which concurred with ODOT TMs determination that the project would have no effect on s lupine and was likely to adversely- affect but not jeopardize Fender's blue butterfly. The Biological Opirfion reiterated USFWS's early concuxrence that the [Modifiedl project would have no effect on Bradshaw's lomatium~ the Willamette Valley daisy, or ~ite-topped aster." Under these amendments the majorit3' of known populations oflisted rare plants in the Plan area would be protected and Fender's blue butterfly~ while likely to be adversely affected, will not be jeopardized. Therefore, these amendments are consistent with this policy~ Environmental Design Policy 2, page III-E-3: "Natural vegetation, natural water features, and drainageways shall be protected and retained to the maximin extent practicable, considering the economic, social, environmental and energy consequences in the design and construction of West Eugene Wetlands Plan Amendments Exh~bk B --- Fk~d~gs Page 12 urban development and landscaping shall be utilized to enhance those atural features. n The overall impact of the West Eugene Wetlands Plan, including these amendments, is to protect themajority (over 1100 acres out of approximately 1500 acres) of wetlands and waterways in the Plan area. This includes protecting natural vegetation on these sites and restoration of native habitat on several hundred acres. When the West Eugene Wetlands Plan was adopted in 1992, within the West Eugene Parkway Approved Design were designated for development. Since the Planned Transportation Corridor wetland designation was not added to the Plan until 1998, the only wetland designation option available at that time to allow construction of the West Eugene Parkway was "Develop.~' The "Develop" ation, however, would also aP~ow other private development as well as roadway construction. Concurrent with the preparation of amendments to the West Eugene Wetlands Plan, a West Eugene Parkway Modified Project was also being developed, and was proposed in the August 1997 Supplemental Enviropanental ~pact Statement, which would reduce impacts to rare wetlands and to "endangered?' or "threatened'' plant species that are concentrated in the west end of the project and south of the railroad t~aCks. Reco that retaining the "Develop" designation for property along the Approved Design route would allow for a full-range of private development, not just roadway con , this was redesignated to "Protect" in 2000 by Eugene Ordinance No. 20200 and Lane County Ordinance No. PA 1107, adopth~g new or revised wetland designations for various sites within the Plan Boundary. The elected officials were advised at that time that amendments to apply the Planned Transportation Corridor des for the Modified Project alignment would be processed follo~Ang selection of the Modified as the preferred alternative. Exhibit A to these ordinances provides an asteriSk footnote in the table listing the existing and proposed designations for sites hich reads. The Eugene and Lane County Plmmmg Commissions recommended that these sites be designated wholly or in part for Planned Transportation Corridor to accommodate the proposed northern alignment of the West Eugene Parkway (~P). However~ the s for the WEP w~ll be processed at a later date~ and are therefore not included in this ordinance." The Modified Project has now been selected as the Preferred Alternative, allowing these amendments to move forward. The shift in the West Eugene Parkway alignment has reduced the impacts of this transportation project on high-quality wetlands. These apply the Planned Transportation Corridor designation to wetlands currently designated for protection or restoration along the Modified Project route. The Planned TranSportation Corridor policy requires that ~f the West Eugene Parkway is not consWacted, the area cannot be filled for any other purpose~ Therefore, these arnendments are consistent with this policy. Remaining port~ons of the refinement plato ent is consiStent~-Mth ~e rema~nin&po~ions of the refinement plan: As stated in the Introduction to the West Eugene Wetlands Plan (November 2000), the Platt "provides a framewoFk for balancing natural resource protection and urban development." West Eugene Wetlands Plan Amendments Exhibit B ~ F~dh~gs Page 13 Almost 1,500 acres ofj~sdictional-wetlands are included in the study area. These amendments will result in the redesignation of 41 acres to planned Transportation Corridor. These acres are c ly designated in the Plan as Protect or Restore. This change in designation from Protect and Restore to Planned Transportation Corridor for the West Eugene Parkv~ay Modified Project is offSet, in part, by the prevk~us Plan amendments redesign~ting 16.4 acres from Devel~p to Protect for,wetlands }l;ng the We2 Eugene Par~k, way Approved Design. These acres are included under the Protect row in the Current Acres column in the table below~ The change in acres for each wetland designation category in the Plan due to the proposed arnendments for the West Eugene Parkway is shown in the table below. Wetland Designation Transportation Corridor Current Acres Proposed Acres 8.4 Protect 720.3 49.4 705.2 418.7 Restore 444.7 Change in Acreage 41 - 15.0 - 26.0 304.3 304.3 0.0 l 13.2 13~2 0~0 orridor~ Total 1,491 1,49 t * Current acres includes property which received the Planned Transportation Corridor wetland designation through the 1999 and 2000 amendments to the West Eugene Wetlands P!~ap~. This wetland ~,esi. ~gp~ation is no~ curr}?y applied to my prope~ within either the West ~ugene ~ay Approve~.Design o; Modified Project a~ignments. Property within the West Eugene Parkway Approved 6esign atigment south ogthe railroad tracks designated Develop in the 1992 Plan were redesignated Protect through the 2000 amendments to the Plan. The West Eugene Wetlands Plan contains several goals for resource protection. As defined on page iv of th~ West Eugene Wetlands Plan (November 2000), the goals are not mandatory and ~n~d[ngs of consistenW w4th the goals are therefore not required. The Wes~ Eugene Wetlands P1an (November 2000) contains the following applicable policies (zelated findings follow the polic~es): PoI~cy 3.22: "Future fill wSth~n the Planned Transportation Corridors as shown on Wetland Designations Map (Map 3) si:mil be l~mited to those areas granted state and/or federal wetland fill permits for the construction of planned public roadway ~mprovements. New roadway constxucfion shall be limited to those projects listed ~n TransPlan as of August I0~ 1992~ excluding those projects listed ~n Appendix B; no other new roads or streets are permitted. Road vddening and other improvements to existing roads or streets shall be limited, to those listed in TransPlan (i992) or in an adopted capital improvement plan (CIP) as of June 30~ West Eugene Wetlands Plan Amendments Exhibit B ~ FLnd~gs Page 14 1998. Road widening and other improvements to existing roads or streets within wetlands designated ~or protection ~r restoration shall require an amendment of this plan to change the designation to "Plarmed Transportation Corridor" if the project is not listed in Trans Plan (1992) or in an adopted CIP as of June 30, 1998. In no case shall more than 1 acre (cumulative) of protected wetland be re- designated to Planned Transportation Corridor for improvement to an existing road or street." The West Eugene Parkway was listed in TransPlan in 1986, was listed in TransPlan as of August 10, 1992, an~ constitutes &new roadway construction." When the West Eugene Wetlands Plan was adoPted in 1992, wetlands within ihe West Eugene Parkway Approveci Design were designated for development. Since the Planned TranSportation Co~idor wetland designation was not added to the Plan until 1998, the only wetland des, lgnation o,ption a,~ailable a,~ that ~ime to allow Construction of the West Eugene ~arkway was ~evelop. The Develop designation, hoWever, would also allow other private development as well as roadway construction. conCurrent With the preparation (~f amendment~ to the West Eugene Wetlands Ptam a West Eugene Parkway Modified Project was also being developed, and was proposed in the August 1997 Supplemer~,tal Enviro~enm,1 Impact St,ater~ent, wl~ich would reduc~ impacts to rare wetlands ~d to endangered or threatened' plant species that are concentrated in the west end of the project and south df the railroad tracks. nizing that retaining the "Develop" designation for property along the Approved Design route would allow lbr a full-range of ~,rivate development, not just roadway construction, this property was redes~gnated to Protect m 2000 by Eugene Ordinance No. 20200 and Lane County Ordinance No. PA 1 t 07, adopting new or revised wetland designations for various sites within the P1an Boundary. The elected officials were advised at that time that amendments to apply the Planned Transportation Corridor designation for the Modified Project alignment would preferred alternative. Exhibit A asterisk footnote in the table listing the existing and proposed Commissions ~ese sites be designated wholly or in part for Plarmed Transportation proposed northern alignment of the West Eugene Parkway (WEP). late, and are therefore not in this ordinance." The Modified Project has now been selected as the Preferred The shift in the West Eugene apply the Planned Transportation Corridor designation to wetlands or restoration along the Modified Project route. The Planned Corridor policy requires that if the West Eugene Parkway is not constructed, the area cannot be filled for any other purpose. Therefore, these amendments axe consistent with this policy. Policy 3.14: Implement wetland protection policies that prohibit development on wetlands de for protection after those wetlands are acquired by a public agency or nonprofit organization (e.g., The Nature Conservancy). West Eugene Wetlands Plan Amendments Exhibit B ~ Findings P~el5 Since some of the land within the West Eugene Parkway Modified Project alignment has been acquired by BLM through Land and Water ConserVation Fund (LWCF) appropriations~ the Eugene Planning commission asked whether this policy is applicable to ~ at}plication of the planned Transportation corridor wetlands designation to the ~est Eugene Parkway modified project alignment. Policy 3.14 was intended to address the issue of timing for implementing development~ prohi¢itive wetland protection policies. Such policie~ ~re not to be applied until after the subject wetlands haVe been acquired by a public or non-profit agency. The p~licy ,,vas not intended require the use of such protections~ Policy 3.14 is not applicable to the application of the Planned Corridor wetland designation tYr the following reasons: 1. Policy 3.22 establishing the Planned Transportation Corridor wetland designation and Policy 3.21 establishing the Utility Corridor wetlands designation allow these wetland designations to be to publicly-owned . The findings for Eugene City Counci l Ordinance No. 20119 and Lane County Ordinance No. PA 1117 amending the West Eugene Wetlands Plan to establish these new wetland designations did not include Policy 3.14 as an applicable policy. 2. The findings for Eugene City Council Ordinance No. 20147 and Lane Count3, Ordinance No. PA 1129 which applied the Planned n Corridor wetland designation to City-owned property along West 11~h and West 18t~ Avenues did not include Policy 3.14 to be an applicable policy. 3. Policy 3.14 directs implementation of policies which prohibit development on certain protected wetlands. Since the Planned Transportation corridor policy specifically allows fill of publicly-owned land for roadway constracfion in specific, limited circumstances Lh/s policy does not prohibit development. Policy 3.8 "Establish, maintain and protect physical and hydrologic linkages between protected wetlands and adjacent transitional and upland wildlife habkat and natural areas.' ODOT has Completed an hydrologic analysis for the project. The analysis noted that surfhce hydrology has already bee~ substantially ~hanged by deCel°pment in ~he area, including the dike uPon which the railroad is built and existing city, coUnty, and state roads. The ditches that parallel these features and divert sur{hce flows to waterways fm'ther modified surface hydrology. ;Fhe analysis concluded that the WEP would not have a noticeable impact on hydrology because the railroad already acts as a barrier to overland flow of water and channels overland flow to ditches. Consideration of impacts to subsurface hydrology determined tlmt the soils in the area were not prone to compaction and placement of fill for construction of the V~rEp would not affect subsurface hydrology. The West Eugene Parkway roadwa~v would be elevated to approximately the same level as the railroad from Amazon Creek to west of Green Hill Road, a distance of abont 1~3 miles. A railroad grade parallels that 1.3-mile section of the WEP. The railroad creates a hydrologic West Eugene Wetlands Plan Amendments Exhibit B ~ Fkndings Page 16 barrier. Ditches mn along both sides of the railroad that collect water and funnel them to two culverts under the railroad. Those waters then flow to Amazon Creek in Dead Cow Creek and to an unnamed channel near Green Hill Road. The ~P provides large culverts for the continued floTM of Dead COw Creek and the unnamed channel. ODOT worked with ODFW to design elements to minimize fragrnentation effects on wildlife and roached an agreement on those elements in November 1994. All of the elements ODFW requested are included in the current design. 72aese include: 3-foot high fencing imbedded in a concrete base along both sides of the roadway in the 1.3-mile kection a~d along the south side of the highv~ay at Bertelsen slough. Tl~e fence would keep small animal ~ffthe road and direct tl~m t(;ward the undercrdssing that would be provided RaiSed walkways along the sides of waterway culverts to provide drive passage for small animals 2 dry sings thru provide additional small animal crossings under the hi SFWS and approved these elements as appropriate to minimize fragmentation Section 9.8424(2) The plan amendment is found to address one or more of the following: Secti~.!45(c~ The plan amendmem is fbund to address one or more of the followin~ An error in the publication of the plato An error in the publication of the ~ TbJs criterion is not applicable. (b) New ~nVentory material which relates to a statewide planning goal. !nc into the~vlan of new inventor, relates to a statew[de gg~ah This criterion is nor applicable. (e) New or amended eommunlty policies A. The 1986 TransPlan provided for development of the West Eugene Parkway along the route of the Approved Design selected in the 1990 Record of Decision of the Final Environmental Impact Statement. The subsequent, re-evaluation of the Approved Design route resulted in a SUpplemental Environmental Impact Statement and selection of the Modified Project route as the preferred alternative. In Decernber 2000, Eugene received a letter from the Oregon Department of Transportation (ODOT) speci~ing land use actions necessary to move forward with the conclusion of the final  st Eugene Wetlands Plan Amendments ibit ~ ~ F~dings Page 17 supplemental Environmental Impact Statement for the West Eugene Parkway and construction of Unit I-A of that project. Although state administrative rUles do not require completion of land use actions for future phases of a project prior to iss~.mnce of an Environmental Impact Statement, both the federal Bureau of land Management (BLM) and the Federal Highway Administration (FHWA) had submitted letters to ODbV stath~g thai all land use actior~ mus~ be c°mpleted prior to issuance of the final supplemental Environmental Impact Statement fbr the West Eugene On December 11 and 13, 2000, the Eugene City Council considered a request by ODOT to initiate land use actions and amend TransPlan (still in draft form at that time) to comply wkh the BLM and FHWA requirements. On December t 3, 2000~ the Council directed the City Manager not to irfitiate the P1an amendments. In August 2001, City Council passed Resolution No. 4678, calling a special election for November 6, 2001. That resoi~tion placed two measures Concerning transportation alternatives for west Eugene on the November ballot. Measur~ 20-53 "Transportation Improvements in West Eugene, Not Including the West Eugene Parkway asked- ~Shall Cit work ~th overnment . y g p rs to pursue comprehensive transportation and land use strategies and pro~ects for west ugene. Measure 20-54 West Eugene Parkway asked voters: Shall C~ty pursue funding and ~ansportafion and land use appro~vals to facilitate construction of the West Eugene Parkway?" In adopting TransPlan followSng the August 2001 decision to call a special election but prior to the Nd~e~ber 6, 2001 election, ~e Tra~Plan adopting officials reco}n~zed that amendments to lan would need to be considered if either of the ballot measures passed. On November 6, 2001, Eugene voters approved Ballot Measure 20-54; Ballot Measure 20-53 failed. Although the voters had already approved the route of the West Eugene Parkway in November 1986~ the November 2001 ballot measure asked whether the City should pursue ~ing and transportation and land use approvals to facilitate construction of the W~st Eugene Parkway. As such, the November 2001 ballot measure was a refinement of the November 1986 ballot measure and represents an "amended commurfity policy~ or "change in public policy." On November 28~ 2001, the Eugene City Council passed Resolution No. 4694, initiating amen~entS to the West Eugene Wetl~ds Plan, ~ugene~Springfield Metropolitan Are~ General Plan (Metro Plan) and Eugene-SPringfield Metropolitan Area Transportation Plan (TransPlan) to facilitate cons~ction of the West Eugene Parkway. This action by the C~ty Council was in dkect response to the November 6~ 2001 vote approving Ballot Measure 20-54. ~ending the West Eugene Wetlands Plan to apply the Planned Transportation Corridor wetland designation to sPecific property along the West Eugene Parkway modified project al~gnment addresses this refinement plan amendment criterion. West Eugene Wetlands Plan Amendments Exhibit B __ F~nd~ngs Page 18 (d) New or amended provisions in a federal law or regulation, state statute, state regulation, statewide planning goal, or state agency land use plato ble refinement r~lan amendment criterion not included in Lane Code Urbanizable Area Land use and~Z .l This criterion does not apply. A change of circumstances in a substantial manner not anticipated in the plan; A change of circumstances in a substantial manner not anticipate.d in the plan:. This criterion does not apply. ccordWEWPexhB7102fnl.wpd West Eugene Wetlands Plan Amendments Exhibit B -- Findings Page 19