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HomeMy WebLinkAboutItem A: Goal 5 Natural Resources Study EUGENE CITY COUNCIL AGENDA ITEM SUMMARY c Work Session: Goal 5 Natural Resources Study Meeting Date: September 21,2005 Department: Planning and Development www.eugene-or.gov Agenda Item Number: A Staff Contact: Neil Bjorklund Contact Telephone Number: 682-5507 ISSUE STATEMENT The council will hold a work session on the Eugene Goal 5 Natural Resources Study in preparation for a public hearing on September 26, 2005. BACKGROUND In 1992, the Eugene City Council held work sessions and public hearings on a previous version of the Goal 5 inventory at the metropolitan scale, the Natural Resources Special Study (NRSS). In September 1992, the Eugene City Council approved the draft Goal 5 Natural Resources Functional Plan that was developed as a product of the NRSS. However, the Lane County Board of Commissioners and the Springfield City Council did not approve the draft Functional Plan, and therefore, the draft Functional Plan has no official status. The NRSS did not progress any further because the three jurisdictions could not reach agreement on certain issues. In 1994, the Eugene and Springfield City Councils adopted the Eugene-Springfield Metropolitan Area General Plan Periodic Review Work Program, which was approved by the Land Conservation and Development Commission in 1995. The work program included completion of the Metropolitan Natural Resources Study. The study was delayed by changes in the Goal 5 rules, and by repeated funding shortfalls. In November 2002, the Department of Land Conservation and Development (DLCD) issued a letter stating that Eugene and Springfield could independently pursue adoption of Goal 5 inventories and completion of the Goal 5 process within their jurisdictions. The Eugene Goal 5 Natural Resources Project is still a mandatOlY part of Metro Periodic Review Task 7, which is the final task to be completedfor the Metro Periodic Review Work Program. On July 28,2003 the council adopted Ordinance Nos. 20295 and 20296, adopting inventories of significant Goal 5 riparian sites and upland wildlife habitat sites. On April 22, 2004, in response to a petition filed under Senate Bill 920 related to Eugene's Periodic Review requirements before the Land Conservation and Development Commission, the City committed to a deadline of June 30, 2005, for completion of its Periodic Review requirements for Goal 5. LICMOl200S Council AgendaslMOS0921 ISOS0921A.doc On May 3,2005, staff presented a public information workshop to provide affected property owners and interested parties an opportunity to get information about the project and how their property may be affected. On May 10, 2005, the Eugene Planning Commission held a joint public hearing on staff recommendations for the Goal 5 Natural Resources Project with the Lane County Planning Commission. Following the public hearing, the Planning Commission deliberated over five meetings, and on July 25, 2005, voted 7-0 to forward an amended version of the goal recommendations to the council with a recommendation to approve. Two ordinances are attached. One addresses properties within Eugene city limits, the second addresses properties between the city limits and the Urban Growth Boundary. This second ordinance specifies that properties with Goal 5 resources will have the Goal 5 protection measures applied upon annexation to the city. Separate action by the Lane County Board of Commissioners for the area between the city limits and the UGB will be sought subsequent to City Council action to adopt and apply the Goal 5 protection measures. The Planning Commission acknowledged that minor corrections and formatting changes would be needed based on a final review by the City Attorney and supported such changes before the ordinances were presented to the council. The ordinances and exhibits attached are those recommended by the Planning Commission, with corrections and revisions recommended by the City Attorney. For a brief summary of the proceedings before the Eugene Planning Commission, see memo from staff dated September 12, 2005, attached. RELATED CITY POLICIES City Council Resolution No. 4615, adopted in April 2000, provided direction to staff to respond to the Endangered Species Act listing of salmon in the Willamette River, and called for action to complete the Goal 5 process as soon as possible. COUNCIL OPTIONS The council may approve the Goal 5 ordinances as recommended by the Planning Commission, direct staff to modify the ordinances or deny approval of the ordinances. If the council directs staff to modify the ordinance, the council will also need to provide direction for modifying the findings to support the recommended changes. CITY MANAGER'S RECOMMENDATION The City Manager recommends adoption of the two Goal 5 Natural Resources ordinances as recommended by the Eugene Planning Commission. SUGGESTED MOTION None (work session only). LICMOl200S Council AgendaslMOS0921 ISOS0921A.doc ATTACHMENTS A. Draft Goal 5 Ordinance No. [1] (applies within city limits) Exhibit A - Eugene Goal 5 Water Resources Conservation Plan Section I - "Introduction" Section II - 'Criteria for Determining the Significance of Riparian Corridor and Wildlife Habitat Resource Sites Within the Eugene Urban Growth Boundary" Section III - "Significant Riparian Corridor, Wildlife Habitat, and Wetland Resource Sites Within the Eugene Urban Growth Boundary" Section IV - 'Degree of Protection Intended for Significant Riparian Corridor, Wildlife Habitat, and Wetland Resource Sites Within the Eugene Urban Growth Boundary" Exhibit B - Conflicting Uses and ESEE analysis Exhibit C - Eugene Local Wetland Inventory Exhibit D - List of Properties to be rezoned by the City Exhibit E - Findings Exhibit F - Plant List B. Draft Goal 5 Ordinance No. [2] (applies between city limits and UGB) Exhibit A - Eugene Goal 5 Water Resources Conservation Plan (Exhibit A for Ordinance No. [2] is identical to Exhibit A for Ordinance No. [1], and is not duplicated here. See Ordinance No. [1].) Section I - "Introduction" Section II - 'Criteria for Determining the Significance of Riparian Corridor and Wildlife Habitat Resource Sites Within the Eugene Urban Growth Boundary" Section III - "Significant Riparian Corridor, Wildlife Habitat, and Wetland Resource Sites Within the Eugene Urban Growth Boundary" Section IV - 'Degree of Protection Intended for Significant Riparian Corridor, Wildlife Habitat, and Wetland Resource Sites Within the Eugene Urban Growth Boundary" Exhibit B - Conflicting Uses and ESEE analysis (Exhibit B for Ordinance No. [2] is identical to Exhibit B for Ordinance No. [1], and is not duplicated here. See Ordinance No. [1].) Exhibit C - Eugene Local Wetland Inventory (Exhibit C for Ordinance No. [2] is identical to Exhibit C for Ordinance No. [1], and is not duplicated here. See Ordinance No. [1].) Exhibit D - List of Properties to be rezoned by the City Upon Annexation Exhibit E - Findings C. Memo from Staff, dated September 12, 2005 D. Memo from City Attorney, dated September 14, 2005 The following documents are specifically incorporated into the record and are available for review by decision makers and the public in the City Council Office: 1. Local Wetland Inventory narrative report. 2. Local Wetland Inventory Locally Significant Wetland Findings. 3. Local Wetland Inventory final order from Department of State Lands dated _' 4. Buildable lands impact calculation technical background documents. 5. Eugene Planning Commission minutes, Agenda Item Summaries, staff memos to PC, and supplemental materials provided for Planning Commission meetings on May 2,2005; May 9, 2005; May 10,2005; June 6,2005; June 13,2005; June 20,2005; June 27,2005; July 18,2005; July 25, 2005. 6. Testimony placed before the Eugene Planning Commission. 7. Copies of staffPowerPoint presentations to PC (on CD-ROM). LICMOl200S Council AgendaslMOS0921 ISOS0921Adoc The following documents are specifically incorporated into the record and are available for review by decision makers and the public at the Eugene Planning Division Office: 1. Staff field notes on Goal 5 riparian and upland wildlife habitat sites. 2. Draft Goal 5 ordinances and exhibits (5/02/05 and 5/9/05) reviewed by Eugene Planning Commission, including draft Conflicting Use and ESEE Analysis. 3. Local Wetland Inventory color 11 x 17 maps (set of 25) and color 25” x 37” maps (set of 25) [note: reduced black and white copies are included in Council packet]. 4. Technical background documents supporting the Statewide Goal 9 and Goal 10 findings: “BLI Impact Assessment Methodology,” “BLI_acreage_table,” and “LU_redesignations.” FOR MORE INFORMATION Staff Contact: Neil Björklund Telephone: 682-5507 Staff E-Mail: neil.h.bjorklund@ci.eugene.or.us L:\CMO\2005 Council Agendas\M050921\S050921A.doc