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HomeMy WebLinkAboutOrdinance No. 20002ORDINANCE NO. ~D o o ~ AN ORDINANCE AN~NDING THE WEST EUGENE WETLANDS SPECLA-L AREA STUDY ADOPTED BY ORDINANCE ND. 19853 DN MAY 2o,199Z. The City Council of the City of Eugene finds that: A. The West Eugene Wetlands Special Area Study ~WEWSAS} was amended and adopted by the Council as a refinement of the Eugene-Springfield Metropolitan Area General Plan for the area within the WEWSAS area boundary by Ordinance No. 19$53 on May 2U, 1992, and subsequently amended in part by Ordinance No. 19867 adopted by the Council and approved by the Mayor on August 10, 1992. B. The interagency staff team associated with the West Eugene Wetlands project has proposed additional amendments consisting of changing the wetland designations of portions of two wetland sites from protection status to development status, changing the name from the West Eugene Wetlands Special Area Study to the Nest Eugene wetlands Plan, and some minor text changes. The amendments are more particularly set fords in Exhibit A attached hereto and incorporated herein by reference. The total area of protected wetland proposed to be changed to development is 1.42 acres. C. The proposed amendments were the subject of a faint public hearing before the Eugene and Lane County Planning Commissions on February 7, 1995. The only testimony presented at the hearing was from the owners of the two affected parcels, who support the amendments. The Eugene Planning Commission voted unanimously to recommend approval of the amendments, and the vote before the Lane County Planning Commission was 4-1 to recommend approval. NOW, THEREFORE, THE CITY DF EUGENE ODES ORDAIN AS FOLLOWS: Section 1, Based on the above findings, and the findings set forth in Exhibit B attached hereto and incorporated herein by reference, which are adopted herein, the amendments shown in Exhibit A attached hereto and incorporated herein by reference are hereby adopted as amendments to the West Eugene Wetlands Plan attached to and adopted by Ordinance No. 19853 on May 20, 1992. ection 2. Except as amended by ordinance No.19S67 on August 10, 1992 and herein, all other provisions of the west Eugene Wetlands Plan remain in full force and effect, and the City Recorder is requested to append a copy of .this Ordinance thereto. Section 3. Notwithstanding the provisions of the Eugene Charter and the Eugene Code, 1971, this Ordinance shall not became effective until identical provisions are adopted by the Lane County Board of Commissioners. Ordinance -- Page 1 of 2 Passed by the City Council this 6~`~ day of ~~~ , 1995 '---- ~/ City Recorder Approved by the Mayor this ~~ day of ~, 1995 Mayor Ordinance -- Page 2 of 2 Exhibit A Amendments to the West Eugene Wetlands Plan 1. Replace all references to West Eugene Wetlands Special Area Study (WEWSAS) with West Eugene Wetlands Plan (WEWP). 2. Remove all references in the West Eugene Wetlands Plan to ZSS acres of wetlands designated for development and 1,307 acres designated for protection and replace with descriptive terms indicating a balance of protection and development. 3. Remove Lane County from list of contacts on page iii of the west Eugene Wetlands Plan. 4. Add a policy # 3.1b to Chapter 3 as follows: The City recognizes that habitat management considerations, purchase negotiations, site characteristics and unforeseen opportunities may cause acquisition area boundaries to differ from the protected wetland boundaries shown an Map 3 of the adapted Plan, 5. Delete policies 4.7 and 4.8. .. .. . .. ' G. Delete Policy 7.12, • . . • • . . • • . . . Exhibit ~, amendments --Page I 7. change the wetland designation shown on Map 3 of the west Eugene wetlands Plan from protect to future fill development} far the following sites a. wetlands within and directly north of tax cots 1600 and 1700, assessor's map 17- 04-33-20, Sweetland Industrial Park} as shown on Exhibit 1, attached hereto. b. wetlands within the portion of tax lot 2700, assessor's map 17-04-35-20, ~Shelton- Turnbull} which were added to that tax lot by lot line adjustment LA 95-1, as shown on Exhibit 2, attached hereto. S. Designate recently delineated wetlands has shown in Exhibit 3, attached hereto} on tax lot 2700, assessor's map 17-04-35-20 for future fill development} on Map 3 of the West Eugene wetlands Plan. Exhibit A, Amendments --Page 2 Exhibit B Eugene City Council Findings and Conclusions In Support of Ordinance # Two sections of the Eugene Code,1971 SEC}have direct bearing on this request. First, EC 9.142 sets forth the guidelines to determine whether the planning commission should initiate a refinement plan amendment. Second, EC 9.145 provides the criteria to determine whether a proposed plan amendment should be approved. The proposed amendments must be consistent with the criteria in EC 9.145 to be appraved. Section 9.142 ~4} The planning commission and council shall consider the fallowin .. ... g guidelines ~n deternumng whether the city should ~utlate an amendment to a refinement plan: ~a} There is an urgent need to consider the amendment in advance of the time it would normally be considered; and Findings: Shelton Turnbull has been planning an expansion since 1992 and had originally planned to be in . g construction m 1994. if a plan amendment for the Shelton Turnbull site is decayed until other amendments to the west Eugene Wetlands Plan ~WEWP} are processed in the summer 1995, the Shelton Turnbull expansion project will be decayed until 1996. The amendment for the Sweetland Industrial Park sites has been contemplated since March 1993. Mr. Sweetland has been unable to sell these two parcels because of the protection status accorded the wetlands in the WEWP. Conclusions: The circumstances surrounding these two sites warrant processing amendments for these sites ahead of the time proposed for a larger set of amendments to the WEWP. Proposed amendments 7 and 8 are consistent with this guideline. Section 9.142 ~4} ~} The plan amendment will address one of the following: 1. New or amended policies set forth in a state statute, regulation, planning goal or state agency land use plan; ar Exhibit ~, .Findings and Conclusions --Wage ~ Findings: This guideline is not applicable. Section 9.142 ~4}fib} 2. New or amended city policies or recommendations that have a direct relationship to the refinement plan; or Findings: The proposed amendments for the Shelton-Turnbull and Sweetland sites are based on recommendations made by city staff in ~ 992 and 993 to change the designation of these two sites. Conclusions: Proposed amendments 7 and S are consistent with the guideline. Section 9.142 ~4}fib} 3. A community-wide need based on direct and ascertainable community benefits occasioned by the plan change; and - Findings: Facilitating the proposed expansion of the Shelton-Turnbull operations would help keep approximately SS jobs in Eugene, and add approximately 40 new jobs. Conclusions: The proposed amendment for Shelton Turnbull addresses acommunity-wide need for jab opportunities. The amendments are consistent with the above guideline. Section 9.142 ~c} Such other considerations as the council or commission may deem appropriate. The council or commission may refuse to initiate a plan amendment for any reason. Findings: This guideline is not applicable. Summary Conclusions The City Council concludes that the proposed amendments are consistent with the guidelines set forth in Eugene Code section 9.142(4)(a), (4)(b)2 and (4)(b)3 . 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; Findings: The Metropolitan Plan Metro Plan} diagram designates both the Sweetland and Shelton Turnbull sites for Light-Medium Industrial Use. The proposed amendment would help facilitate light-medium industrial use of the Sweetland and Shelton-Turnbull sites. exhibit B, Findings and Conclusions -- Page Z The Metro Flan contains the following palicies that are applicable to the proposed amendments related findings fallow each policy}: Policy ~ , page lII-B4: 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. The proposed amendments would demonstrate a positive interest in industrial development of two sites in west Eugene. Policy 2, page III-B-4: Encourage economic development which utilizes local and imported capital, entrepreneurial skills, and resident labor force. - Both the Sweetland and Shelton-Turnbull properties are locally owned, and the Shelton Turnbull business is locally owned. Policy 5, page IIl-B-S: Provide existing industrial activities sufficient adjacent land far future expansion. The amendment for the Shelton-Turnbull site would help to provide adjacent land for the existing industrial operation to expand. Policy ~ 9, page TQ-C-9: Local governments shall develop palicies and local controls for protection and management of wetlands area by completion of the next Metro Plan Update. The west Eugene wetlands Plan, which contains policies and local controls for wetlands in west Eugene, was adopted in 1992. The proposed text amendments do not affect policies which prescribe the primary wetland protection measures to be implemented: wetland acquisition, wetland buffers and waterside setbacks. The proposed amendments for the Sweetland and Shelton-Turnbull sites retain protection of 95 % and 97% respectively of the two affected sites. Policy 2g, page Ill-C-10: 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. There are no known occurrences of state-listed threatened plantar wildlife species .Exhibit ~, Findings and Conclusions -- Page 3 on either the Sweetland or Shelton Turnbull sites. Policy 2, page III-E-3: "Natural vegetation, natural water features, and drainageways shall be protected and retained to the maximum extent practicable, considering the economic, social, environmental and energy consequences in the design and construction of urban development and landscaping shall be utilized to enhance those natural features." Full urban services are in place for both the Sweetland and Shelton Turnbull sites, including streets, curbs, sewers, electricity, and water. The wetlands on both sites are narrow, partially isolated arms of wetland that are of lower value that the adjacent wetlands. The City Council finds that the development ~i.e., economic and social} values outweigh wetland resource values on both the Sweetland and Shelton-Turnbull sites. Conclusions; The findings above indicate consistency with all applicable Metro Plan text and with the Metro Plan diagram. The City Council concludes that the proposed amendments meet the criterion of Metro Plan consistency. Section 9.1452}~} The plan amendment is consistent with remaining portions of the refinement plan; Findings; The West Eugene Wetlands Plan contains the following applicable policies related findings follow each policy}: Policy 3. ~ Seek acquisition of protected wetland sites by federal, state and local public agencies and private, non-profit conservation organizations. The Sweetland site was determined by staff to be inappropriate for public acquisition due to substantial fill on both lots, relatively law wetland resource values, narrow linear configuration and difficulties anticipated in attempting long- termprotection. The Shelton-Turnbull site was traded by BLM to Shelton-Turnbull far another more valuable wetland site ~E3lEF} on the south side of Stewart Road. Policy 3.5 Along with Lane County and the State of Oregon, protect wetlands on public lands in the Eugene wetlands study area and restore wetlands on public lands. Neither the Sweetland nor Shelton-Turnbull sites is publicly owned. Policy 3 . S Establish, maintain, and protect physical and hydrologic linkages .Exhibit B, Findings and Conclusions --Page 4 between protected wetlands and adjacent transitional and upland wildlife habitat and natural areas. Both the Sweetland and Shelton-Turnbull sites lie on the edge of a larger wetland site, and lie between the larger wetland site and adjacent development. Therefore, development on these sites would not interrupt linkages to other habitat areas. Policy 3.9 Protect and enhance the quality, functions, and values of natural and human-made waterways that are interconnected with wetlands . There are no waterways directly connected to the Shelton-Turnbull site. The Sweetland site lies adjacent to Amazon Creek. If this amendment is adopted, Amazon Creek would still be protected by a waterside protection setback. Policy 3.14 Implement wetland protection policies that prohibit development on wetlands designated for protection after those wetlands are acquired by a public agency or non-profit organization. The Sweetland site has been determined by staff to be inappropriate for public ownership for wetland resources. Protection measures such as applying the proposed Natural Resources District or changing its Metro Plan designation to natural resources will not be implemented while it is in private ownership. The Shelton-Turnbull site is privately owned. Protection measures such as applying the proposed Natural Resources District or changing its Metro Plan designation to natural resources will not be implemented while it is in private ownership. Conclusions: The above findings indicate that the proposed amendments are consistent with the applicable policies in the remainder of the WEWP. The City Council concludes that the proposed amendments meet the criterion of consistency with the remainder of the refinement plan. Section 9,145 ~~} ~c} The plan amendment is found to address one or more of the fallowing: 1. An error in the publication of the plan; Findings: The text of the WEWP erroneously refers to the document as the West Eugene Wetland Special Area Study. The correct name of the document is the West Eugene Wetlands Plan. Conclusions: Proposed text amendment #1 meets this criterion. Exhibit B, Findings and Conclusions --Page 5 Section 9.145 (~}~c3 2. A change of circumstances in a substantial manner not anticipated in the plan; Findings: Following adoption of the WEWP, the supplemental wetland inventory changed the acreages of some sites included in the plan. Following adoption of the WEWP, Lane County decided not to staff the West Eugene Wetlands program. Following adoption of the WEWP, additional review of sites and experience with mitigation projects led City staff to conclude that some mitigation projects could successfully be conducted in areas not designated for mitigation on Map 3 of the WEWP. Following adoption of the WEWP, staff review indicated that it would not be cost effective to develop, adopt and apply a mitigation overlay district to sites identified in the WEWP for mitigation. Following adoption of the WEWP, staff completed the tasks outlined in WEWP Policy 7. ~2, including conducting an-site wetland delineations of sites where owners gave permission, presentation of delineation results to owners and the public, initiation of amendments to the WEWP by developing staff recommendations and presenting them to the public in a workshop. Following adoption of the WEWP, Shelton-Turnbull made known to the city its desire to expand at its current site. Following adoption of the WEWP, Shelton Turnbull acquired and traded to the BLM a wetland site ~E31EF} in west Eugene which had been designated for development in the adapted plan. This site was re-delineated in the supplemental inventory in 1993 and was proposed for protection. When the WEWP was adopted, it was anticipated that the Sweetland site would be suitable for public acquisition. Following plan adoption, it was determined that the site was not suitable for acquisition for long-term wetland protection. Conclusions: Proposed text amendments ~, 3, 4, 5, 6 and the Shelton-Turnbull and Sweetland amendments address a change in circumstances not anticipated in the Plan and therefore satisfy this criterion. to addition to adopted policies, the West Eugene Wetlands Plan contains the criteria used to evaluate wetland sites for protection or development designation. Sites were not required to meet all of the protection criteria in order to be designated for protection. Rather, the more criteria Exhibit ~, Findings and Conclusions -- gage 6 a given site met, the higher priority it was given for that category. The following criteria were used to identify those sites suitable for and deserving of protection: 1. Presence of rare plants. 2. Site has Metropolitan Plan designation of Natural Resource. 3. Site is within the loo year floodplain. 4. Site is near a perennial waterway. 5. Site is connected geographically or hydrologically to other wetlands or waterways. 6. Site contains a high diversity of wildlife habitat ar contributes to the diversity of wildlife habitat within the region 7. Protection of site would further the goals and objectives of this plan. 8. Presence of unique VL~illamette Prairie Grassland plant community. The Sweetland site, considered separately from the larger adjacent wetland to the east, meets criteria #'s 4 and 5. The Shelton-Turnbull site, considered separately from the larger adjacent wetland to the north, meets criteria #'s 5 and 8. Typically, sites that were designated for protection met 4 to 6 of the criteria. The following criteria were used to evaluate sites for possible development: 1. Prior to adoption of the Plan, the site has an approved wetland impact permit from the Oregon Division of State Lands and U.S. Army Corps of Engineers, or an approved Final Environmental Impact Statement. 2. The site is relatively isolated or disconnected from the larger system of wetlands and waterways. 3. The site is served by existing streets, roads, sanitary sewers and municipal water. 4. The site is adjacent to or surrounded by existing development. 5. The site has frontage on a major highway or street. The Sweetland site, considered separately from the larger adjacent wetland to the east, meets criteria #'s 3 and 4. The Shelton-Turnbull site, considered separately from the larger adjacent wetland to the north, meets criteria #'s 3 and 4, also. Conclusions: Neither the Sweetland site nor the Shelton-Turnbull site, when compared with the criteria given in the '~E~VP, come out strongly far either protection or development. Section 9.145 ~2~ ~c~3. Incorporation into the plan of new inventory material which relates to a statewide goal; or Findings: The revised wetland delineation which is a type of Goal 5 inventory} for the SheltonWTurnbull site revealed a different configuration of wetlands from what was understood at the time of wEwP adoption. The new configuration showed Exhibit ~, Findings and Conclusions --Page 7 a lesser connection between the wetlands on the Shelton-Turnbull site and the adjacent wetlands to the north, and more surrounding fill material than was previously documented. Conclusions: The Shelton-Turnbull site amendment meets this criterion. Section 9.145 ~Z~ ~c} 4. A change in public policy. Findings: This criterion is not applicable. Summary ~onclusxons: All of the proposed amendments meet one or more of the criteria far approval of a refinement plan amendment as set forth in Eugene Cade section 9.145. Based upon the discussion, findings and conclusions herein below} the City Council finds that the proposed amendments are consistent with the criteria contained in Eugene Code section 9.145. .exhibit B, .findings and Conclusions --Page S • ~:~~ ~` ~~ ro~ ~ ~ ~ _ ~ ~ ~ ~ ~A ~ ~~ ~~ C~1 ~ rD ~ ~ ~ ~ ~ ~~ .a ~ ~' "~ ~a ~ ~~ I ~ '~ ~ ,. ao" ~ b~ ~~ ~ ~~~ ~. ~G~ . a~ ~"~~d c~~~ ~ ~ ~ ~ ~~ ~ ~. ~ ~ f ~~ .~ . r ~~ ~~ ~~ ..-- ~~~ ~._ ~~ ~:: ~~-_ -- c o ~ . o '~ ~ ~• ~ ora ~' ~. . ~ ~ ~ ?~: ~ N i ~ ~ ~ ~ aQ ~ ~' p.~ 0 ~ cn ~ ~b a. o ~ ~ b~ ~ ~ ~ ~ ~ o c ~ ~ ._ ~ ro ~ ~ t~ c~ i __ . ~~ ti i .~ 4 ~, ~` r-~ ~a ~a ~ ~ `~', ~` ~~ ~~~ ~ a ~ ~ ~ ~ ~ ~~ ~ ~ C!1 ~ n c~ G~~ ~~o ~~~ ~' ~o ~~ ~ ~ ~ as ~ ~ ~ ~ ro ~. ~ ~~ ~ ~ ~ -~ ~ 4 ~ o ~' a ~ ~D cn ~ ~~ ~~ ~~ . ~a x ~Z a ~~ .' . ` 4 ' ~ 4---