HomeMy WebLinkAboutItem 7: Ordinances on Goal 5 Natrual Resources Study
ECC
UGENE ITY OUNCIL
AIS
GENDA TEM UMMARY
Action:
Ordinances Concerning the Goal 5 Natural Resources Study
An Ordinance Updating the Goal 5 Inventory Within the Eugene City Limits; Adopting
the Goal 5 Water Resources Conservation Plan Within the Eugene City Limits; Repealing
Ordinance No. 20296; Amending Sections 9.0500, 9.1040, 9.2751, 9.6885 9.7025,
9.7055, 9.7105, 9.7205, 9.7230, 9.7305, 9.7810, 9.8025, 9.8030, 9.8460, 9.8465, 9.8470,
9.8855, and 9.8865 of the Eugene Code, 1971; Adding New Sections 9.8472 and 9.8474;
and Adding New Sections 9.4900 Through 9.4980 to that Code to Establish a Water
Resources Conservation Overlay Zone; Amending the Eugene Overlay Zone Map;
Adopting a Severability Clause; and Providing an Effective Date
and
An Ordinance Updating The Goal 5 Inventory Within The Eugene Urban Growth Area;
Adopting The Goal 5 Water Resources Conservation Plan Within The Eugene Urban
Growth Area; Repealing Ordinance No. 20295; Amending Section 9.7810 Of The
Eugene Code, 1971; Adopting A Severability Clause; And Providing Effective Dates
Meeting Date: November 14, 2005 Agenda Item Number: 7
Department: Planning and Development Staff Contact: Neil Björklund
www.eugene-or.gov Contact Telephone Number: 682-5507
ISSUE STATEMENT
The council is scheduled to take action on two ordinances recommended for adoption based on the Goal
5 Natural Resources Study.
BACKGROUND
The council held a work session on this item on September 21, 2005, and a public hearing on September
26, 2005. The council held the written record open for written comments until 5 p.m. on Monday,
October 3, 2005. A total of 55 individuals submitted testimony, including 28 individuals who submitted
oral comments and 39 who submitted written comments. The council held a work session on October
24, 2005, to discuss the recommendations and testimony received.
At the October 24, 2005, work session, Councilors Bettman and Kelly indicated they intended to
introduce motions to amend the Goal 5 ordinance. Councilor Solomon requested that staff commentary
on the proposed motions be included in the council packet. The motions and staff comments are
included in the attached memo from staff dated November 7, 2005.
The council will take action on two ordinances: one that applies within the Eugene city limits
(Ordinance No. [1]) and one that applies outside city limits but within the Urban Growth Boundary
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(Ordinance No. [2]). Ordinance No. [1] is the same as that included in the October 24, 2005, council
packet. Ordinance No. [2] is the same as that included in the September 21, 2005, council packet. The
exhibits for both ordinances are the same as those included in the September 21, 2005, council packet,
with the following exceptions:
1. In Exhibit A (for both ordinances), Goal 5 Water Resources Conservation Plan, a revised table of
“Goal 5 Riparian and Upland Wildlife Habitat Sites Within the Eugene Urban Growth Boundary”
replaces the previous version of this table. The revisions reflect corrections to the Goal 5 inventory
map for Site E37 K to respond to testimony as discussed in the October 24, 2005, council packet.
Note that Exhibit A is not included in its entirety in this packet, but instead is included by reference,
as amended by the replacement pages included in this packet.
2. In Exhibit A (for both ordinances), Goal 5 Water Resources Conservation Plan, a revised map “Goal
5 Water Resources Conservation Plan , Section III, Tile 3—South Eugene,” replaces the previous
version of this map. The revisions reflect corrections to the Goal 5 inventory map for Site E37 K to
respond to testimony as discussed in the October 24, 2005, council packet.
3. In Exhibit A (for both ordinances), Goal 5 Water Resources Conservation Plan, a revised table
“ESEE Conclusions Summary Table—Upland Wildlife Habitat Sites, 9/1/05” replaces the previous
version of this table. The revisions reflect an amendment to the recommended protection level for a
portion of Site E37 I to respond to testimony as discussed in the October 24, 2005, council packet.
4. In Exhibit A (for both ordinances), Goal 5 Water Resources Conservation Plan, a revised map “Goal
5 Water Resources Conservation Plan Section IV, Map 9” replaces the previous version of this map.
The revisions reflect corrections to the Goal 5 inventory map for Site E37 K to respond to testimony
as discussed in the October 24, 2005, council packet.
5. In Exhibit B (for both ordinances), Conflicting Uses and ESEE Analysis, the title for table 16.5.2 has
been corrected. Note that, due to its large size (more than 450 pages), Exhibit B is not included in
its entirety, but instead is included by reference, as amended by the replacement pages included in
this packet.
6. In Exhibit B (for both ordinances), Conflicting Uses and ESEE Analysis, 22 pages have been
replaced in the “Supplemental Analysis: Portions of South Hills Upland Stream Corridors at Upper
Amazon (Owl Road to Dillard) & Portions of Upper Amazon Wetlands,” to provide a revised
analysis for a portion of Site E37 I as discussed in the October 24, 2005, council packet.
7. In Ordinance No. [1], Exhibit D, List of Properties to be Rezoned by the City, Tax Lot
1803162000906 has been removed from the list. Based on updated tax lot configuration
information, staff determined that this parcel was not within the setback area of Site E37 Q as
previously thought.
8. The Ordinance No. [1], Exhibit E, Legislative Findings, included a fairly detailed description of the
adjustments possible under EC 9.8030(21). Since the council will be considering several motions
which could change the criteria for those adjustments, the findings have been revised to include a
more general description of the adjustments which will be accurate regardless of which motions
pass, if any.
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RELATED CITY POLICIES
Council Resolution No. 4615, adopted in April 2000, provided direction to staff to respond to the
ESA-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 adopt the Goal 5 ordinances as attached, adopt Goal 5 Ordinance No. [1] as amended
by one or more of the motions discussed herein, or deny approval of the ordinances. Denying approval
of the ordinances would not comply with Periodic Review Work Program Task 7 for completion of
Goal 5.
CITY MANAGER’S RECOMMENDATION
The City Manager recommends adoption of the two Goal 5 Natural Resources ordinances contained in
this council packet, as amended by motions A, B, C and F.
SUGGESTED MOTIONS
Move to adopt an Ordinance Updating the Goal 5 Inventory Within the Eugene City Limits; Adopting
the Goal 5 Water Resources Conservation Plan Within the Eugene City Limits; Repealing Ordinance
No. 20296; Amending Sections 9.0500, 9.1040, 9.2751, 9.6885 9.7025, 9.7055, 9.7105, 9.7205, 9.7230,
9.7305, 9.7810, 9.8025, 9.8030, 9.8460, 9.8465, 9.8470, 9.8855, and 9.8865 of the Eugene Code, 1971;
Adding New Sections 9.8472 and 9.8474; and Adding New Sections 9.4900 Through 9.4980 to that
Code to Establish a Water Resources Conservation Overlay Zone; Amending the Eugene Overlay Zone
Map; Adopting a Severability Clause; and Providing an Effective Date.
Move to adopt an Ordinance Updating the Goal 5 Inventory Within the Eugene Urban Growth Area;
Adopting the Goal 5 Water Resources Conservation Plan Within the Eugene Urban Growth Area;
Repealing Ordinance No. 20295; Amending Section 9.7810 of the Eugene Code, 1971; Adopting a
Severability Clause; and Providing Effective Dates.
ATTACHMENTS
A. Goal 5 Ordinance No. [1] (applies within city limits)
A-1. Exhibit A – Goal 5 Water Resources Conservation Plan, as revised (only replacement pages
are attached)
A-2. Exhibit B – Conflicting Uses and ESEE Analysis, as revised (only replacement pages are
attached)
A-3. Exhibit C – Eugene Local Wetland Inventory, consists of council packet pages 559 through
584 from the Eugene City Council Packet for September 21, 2005, and is not reproduced here.
A-4. Exhibit D – List of Properties to be rezoned by the City
A-5. Exhibit E – Legislative Findings
A-6. Exhibit F – Native and Non-Native Plant List
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B. Goal 5 Ordinance No. [2] (applies between city limits and UGB)
B-1. Exhibit A – Goal 5 Water Resources Conservation Plan (Exhibit A for Ordinance No. [2] is
identical to revised Exhibit A for Ordinance No. [1], and is not duplicated here. See Ordinance No.
[1].)
B-2. 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].)
B-3. Exhibit C – Eugene Local Wetland Inventory consists of council packet pages 559 through 584
from the Eugene City Council Packet for September 21, 2005, and is not reproduced here.
B-4. Exhibit D – List of Properties to Which the /WR Overlay Zone Should Be
Applied Upon Annexation
B-5. Exhibit E – Legislative Findings
C. Memo from Staff, dated November 7, 2005
C-1. Motion A – Regarding land division criteria (Bettman)
C-2. Motion B – Regarding EC 9.4930 and EC 9.4940 (Bettman)
C-3. Motion C – Regarding EC 9.8030(21)(b)-(e) (Kelly)
C-4. Motion D – Regarding EC 9.8030(21)(a) (Bettman)
C-5. Motion E – Regarding EC 9.8030(21)(a) (Kelly)
C-6. Motion F – Regarding EC 9.8030(21)(a) (City Attorney/staff)
Note: For additional background information see the council packets for the September 21, September
26, and October 24, 2005, meetings. Full packet materials for these meetings are also available on the
Eugene Goal 5 web site at www.EugeneNR.org.
FOR MORE INFORMATION
Staff Contact: Neil Björklund
Telephone: 682-5507
Staff E-Mail: neil.h.bjorklund@ci.eugene.or.us
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ATTACHMENT A
NO.1
10/18/05
Legend:
Language to be added to code (same as shown in 9/01/05 draft) - bold, italic
Language proposed to be added to code since 9/01/05 draft - bold. italic. double underline
Language to be deleted from code (same as shown in 9/01/05 draft) - [brackoted, struck]
Language no longer proposed to be added since 9/01/05 draft - [br3Gketed, it3IiG, bold,
struGk]
ORDINANCE NO.
AN ORDINANCE UPDATING THE GOAL 5 INVENTORY WITHIN THE
EUGENE CITY LIMITS; ADOPTING THE GOAL 5 WATER
RESOURCES CONSERVATION PLAN WITHIN THE EUGENE CITY
LIMITS; REPEALING ORDINANCE NO. 20296; AMENDING SECTIONS
9.0500, 9.1040, 9.2751, 9.6885 9.7025, 9.7055, 9.7105, 9.7205, 9.7230,
9.7305, 9.7810, 9.8025, 9.8030, 9.8460, 9.8465, 9.8470, 9.8855, AND
9.8865 OF THE EUGENE CODE, 1971; ADDING NEW SECTIONS
9.8472 AND 9.8474; AND ADDING NEW SECTIONS 9.4900 THROUGH
9.4980 TO THAT CODE TO ESTABLISH A WATER RESOURCES
CONSERVATION OVERLAY ZONE; AMENDING THE EUGENE
OVERLAY ZONE MAP; ADOPTING A SEVERABILITY CLAUSE; AND
PROVIDING AN EFFECTIVE DATE.
The City Council of the City of Eugene finds that:
A. Statewide Planning Goal Five requires local governments to protect
significant riparian corridors, upland wildlife habitat and wetlands. In order to conserve
these resources and the biological systems they contain and support, this Ordinance
adopts provisions to conserve the physical resources and also protect the water quality
within the resource areas as a fundamental and essential requirement for continued
survival of these biological systems.
B. Ordinance No. 20296, adopted by the Council and approved by the Mayor on
July 28, 2003, adopted as Exhibit A to that Ordinance, a list of criteria for use in
determining the significance of riparian corridor sites and upland wildlife habitat sites for
purposes of updating the Goal 5 inventory within the Eugene city limits. The list of
criteria is now more appropriately located in the Goal 5 Water Resources Conservation
Plan.
C. Exhibit B to Ordinance No. 20296 is a list and a map, both entitled "Goal 5
Riparian and Upland Wildlife Habitat Sites Within the Eugene Urban Growth Boundary."
The list and map, which updated the inventory of significant riparian corridor sites and
upland wildlife habitat sites based on the criteria listed in Exhibit A to Ordinance No.
20296, are now more appropriately included in the Goal 5 Water Resources
Ordinance - 1
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Conservation Plan. Further, updates to the list and map are needed to more accurately
depict the location and/or acreage of some of the riparian corridor and upland wildlife
habitat sites and to remove from the inventory a portion of site E-76, which an order of
the Land Conservation and Development Commission determined had not been
demonstrated to meet the definition of a riparian area under Oregon Administrative
Rules.
D. The City has conducted, and the Oregon Department of State Lands (DSL)
has approved, a local wetlands inventory (LWI) using the standards and procedures of
OAR 141-086-0110 et seq. The City has determined which wetlands on the LWI are
"significant wetlands" for purposes of Statewide Planning Goal 5 using the criteria
adopted by DSL for that purpose (OAR 141-086-0350). The City is required to adopt an
inventory of these significant wetlands.
E. In addition to the inventories of riparian, upland wildlife habitat and wetland
sites referred to above, the following inventories make up the entire inventory of
significant Goal 5 resources within the City of Eugene: the April 12, 1978 Sand and
Gravel Working Paper, the April 12, 1978 Scenic Sites Working Paper, the April 12,
1978 Willamette River Greenway Working Paper, the April 12, 1978 Archeological Sites
Working Paper, the December 1, 1976 list of historic land marks, and the West Eugene
Wetlands Plan.
NOW, THEREFORE,
THE CITY OF EUGENE DOES ORDAIN AS FOLLOWS:
Section 1. Ordinance No. 20296 is repealed, as of the effective date of this
Ordinance. This repeal, however, does not affect the validity of any actions taken
pursuant to the provisions of that Ordinance.
Section 2. The Goal 5 Water Resources Conservation Plan attached as Exhibit A
hereto, is hereby adopted as a refinement of the Eugene-Springfield Area Metropolitan
Area General Plan for those areas that, as of the date this Ordinance is passed by the
City Council, are located within the city limits of the City of Eugene.
Section 3. As they pertain to the areas within the city limits of Eugene, the
following Exhibits are adopted as findings in support of this Ordinance: (a) Conflicting
Uses and ESEE analysis attached as Exhibit 8, and (b) the Eugene Local Wetland
Inventory, attached as Exhibit C.
Section 4. Section 9.0500 of the Eugene Code, 1971, is amended by amending
the definition for "Native Plants, Native Vegetation," and adding definitions of "Goal 5
Water Resource Site" and "Invasive, Non-Native Plants" in alphabetical order therein, to
provide:
9.0500
Definitions. As used in this land use code, unless the context requires otherwise,
the following words and phrases mean:
Ordinance - 2
NO.1
10/18/05
Goal 5 Water Resource Site. As used in EC 9.4900 to 9.4980 and 9.8030(21),
the resource site as identified in the Goal 5 Water Resources Conservation
Plan. For riparian corridor and upland wildlife habitat sites, the Goal 5 Water
Resource Site includes the stream and riparian areas that may extend beyond
applicable conservation setbacks. Wetland sites include only the wetland,
itself.
Invasive, Non-Native Plants. Plant species included in Part 4 of the list
adopted as Exhibit F to Ordinance , or as subsequently amended by
administrative order of the City Manager pursuant to EC 2.019.
Native Plants, Native Vegetation, (including native trees and native shrubs).
Plant species [that grow and propagate themsel'/es in the southern Willamette Valley
through natural processes, are adapted to the '.veather, soils and hydrology of the
area, ::md haye eyolved in the area or been introduced to the :ueo by natural causos.
Distinguished from pl3nt species that have been deliberately or accidentally imported
or introduced from other areas by humans or human activities.] identified as
"Native Plants" or "Native Vegetation" in accordance with the lists adopted as
Exhibit F to Ordinance No. ,or as subsequently amended by
administrative order of the City Manager pursuant to EC 2.019.
Section 5. Section 9.1040 of the Eugene Code, 1971, is amended by adding a
Water Resources Conservation Overlay Zone in alphabetical order to the Table, to
provide as follows:
9.1040
Establishment and List of Overlav Zones. The overlay zones listed in Table
9.1040 Overlay Zones are established as follows:
Table 9.1040 Overlay Zones
Overlay Description
IWP Waterside Protection Overlay Zone
/WR Water Resources Conservation Overlay Zone
Section 6. Subsection (1)(c) of Section 9.2751 of the Eugene Code, 1971, is
amended to provide:
9.2751
Special Development Standards for Table 9.2750.
(1) Density.
(c) For purposes of calculating net density, the acreage of land considered
part of the residential use shall exclude public property, including
streets, parks, and other public facilities. In calculating the minimum net
density required for a specific lot or development site, the planning
director shall round down to the previous whole number. In calculating
. the maximum net density allowed for a specific lot or development site,
Ordinance - 3
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the planning director shall round up to the next whole number. At the
request of the developer, the acreage also may exclude natural or
historic resources. For purposes of this section, [N]natural resources
include [identified within :1 local inventory with moder:1te to high
reE>ourceE> values] those designated for protection in an adopted plan
and the area within natural resources protection or conservation
setbacks that have been applied to the development site. For
purposes of this section, historic resources include historic property and
resources identified in an official local inventory as "primary" or
"secondary." It may also include additional natural or historic resources
upon approval of the planning director.
Section 8. The following caption and Sections 9.4900, 9.4910, 9.4913, 9.4915,
9.4920, 9.4930, 9.4940, 9.4950, 9.4960, 9.4970, and 9.4980 are added to the Eugene
Code, 1971, to provide:
/WR WA TER RESOURCES CONSERVA TION o VERLA Y ZONE
9.4900 /WR Water Resources Conservation Overlay Zone - Purpose. The purpose of
the /WR Water Resources Conservation overlay zone is to provide
conservation of significant riparian areas, wetlands and other water-related
wildlife habitat areas included on the city's adopted Goal 5 inventory. In order
to conserve these resources and the biological systems they contain and
support, the overlay zone not only conserves the physical resources but also
protects the water quality within the resource areas as a fundamental and
essential requirement for continued survival of these biological systems.
9.4910 /WR Water Resources Conservation Overlay Zone - Applicability. The /WR
Water Resources Conservation Overlay Zone applies to all property to which
the /WR Water Resources Conservation Overlay Zone has been applied
through the city's rezoning process or through automatic rezoning upon
annexation.
9.4913 /WR Water Resources Conservation Overlay Zone - Relationship to Other
Zones. The provisions of the /WR Water Resources Conservation Overlay
Zone shall control over other zoning provisions on all property to which the
/WR Water Resources Conservation Overlay Zone has been applied except as
provided in EC 9.4930(1).
9.4915 /WR Water Resources Conservation Overlay Zone - Sitina Reauirements. The
/WR overlay zone shall be applied to property that:
(1) Is not already designated for protection or restoration by the West
Eugene Wetlands Plan;
(2) Meets the other approval criteria of EC 9.8865; and
Ordinance - 4
NO.1
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(3) Includes a Goal 5 Water Resource Site identified for conservation in the
Goal 5 Water Resources Conservation Plan or includes land within the
/WR Water Resources Conservation Area as described in EC 9.4920.
9.4920
/WR Water Resources Conservation Overlav Zone - Components of /WR
Conservation Area.
(1) Except as provided in Subsections (5) and (6), the component areas of
the /WR conservation area for Goal 5 Water Resource Sites {identified as
upland v/i1dlife habit3t sites ar riparian Garrioor sites in the Gaal 6 Water
ReSOUTGe6 Cansen~atian Pl3n] are described and defined as follows:
(a) For riparian corridor and uoland wildlife habitat sites E35. E37. E3B.
EB1. EB6. and EBB, the /WR conservation area consists of the area
{'1:ithin the (;aal 6 Water ResaUTGe Site] between the too of hiah
bank on both sides of the stream and the area within the applicable
conservation setback.
(b) For (upkmd wildlife habitat] rioarian corridor sites not listed in
subsection fa), the /WR conservation area consists of the area
{between the top af high bank an bath sides af the stream] within
the Goal 5 Water Resource Site and the area within the applicable
conservation setback.
(c) The conservation setback for a particular riparian corridor or upland
wildlife habitat site is determined based on whether it is a Category
A, B, C, D or E stream in the Goal 5 Water Resources Conservation
Plan. Conservation setbacks are measured horizontally from the
top of the high bank as set out in 1., below, or, only when the top of
high bank is not identifiable, from the line of ordinary high water, as
set out in 2., below.
1. For conservation setback distances measured from the top of
the high bank, the top of high bank is the highest point at
which the bank meets the grade of the surrounding
topography, characterized by an abrupt or noticeable change
from a steeper grade to a less steep grade, and, where natural
conditions prevail, by a noticeable change from topography or
vegetation primarily shaped by the presence and/or movement
of the water to topography not primarily shaped by the
presence of water. Where there is more than one such break
in the grade, the uppermost shall be considered the top of the
high bank.
Resource Conservation Setback
Category A Streams 100 feet
Category B Streams 60 feet
Category C Streams 40 feet
Category D Streams 20 feet
Category E Streams no conservation setback
2. For conservation setback distances measured horizontally
from the line of ordinary high water, top of high bank shall be
considered not identifiable when both of the following are
lacking: an abrupt or noticeable change from a steeper grade
to a less steep grade, and a noticeable change from
topography or vegetation primarily shaped by the presence
Ordinance - 5
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and/or movement of the water to topography not primarily
shaped by the presence of water. In a given stream, pond, or
other water body, the line of ordinary high water is the line on
the bank or shore to which seasonal high water rises annually
identified in the field by physical characteristics that include
one or more of the following:
a. A clear, natural line impressed on the bank by the
presence of water, flowing water or waves.
b. Changes in the characteristics of soils.
c. The presence of water-borne litter and debris.
d. The uppermost limit of destruction of terrestrial
vegetation by the presence of water, flowing water or
waves.
If reliable water level data are available for 3 or more
consecutive previous years, the line of ordinary high water can
be considered the mean of the highest water level for all years
for which data is available. Conservation setback distances
measured from the line of ordinary high water are as follows:
Resource Conservation Setback
Category A Streams 120 feet
Category B Streams 75 feet
Category C Streams 50 feet
Category D Streams 25 feet
Category E Streams no conservation setback
(2) Except as provided in Subsections (5) and (6), the 2 components areas of
the /WR conservation area for water features identified as wetlands fi2..b.e
Drotected in the Goal 5 Water Resources Conservation Plan are
described and defined as follows:
(a) The Goal 5 Water Resource Site.
(b) The area within the applicable conservation setback. The
conservation setback for a particular site is determined based on
whether it is a Category A, B or C wetland in the Goal 5 Water
Resources Conservation Plan. Conservation setback distances for
wetlands are measured horizontally from wetland boundaries
established under the "Goal 5 Locally Significant Wetland Sites
Within the Eugene Urban Growth Boundary" map or if provided by
the property owner, from the jurisdictional wetland boundary
accepted by the Oregon Department of State Lands. Conservation
setback distances are as follows:
Resource Conservation Setback
Category A Wetland 50 feet
Category B Wetland 25 feet
Category C Wetland no conservation setback
(3) To determine the /WR conservation area for sites in which wetlands exist
along with either an upland wildlife habitat site or a riparian site, the /WR
conservation area for each of the individual water features shall be
calculated and mapped separately, and the total footprint of all the
individual/WR conservation areas combined shall be the /WR
conservation area for that site.
(4) The /WR conservation area for properties having the S-RN Royal Node
Special Area Zone and the /WR Water Resources Conservation Overlay
Ordinance - 6
9.4930
NO.1
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Zone shall be limited to that area designated "drainage corridor" on Map
9.3805 S-RN Roval Node Soecial Area Zone and Subareas of this Land
Use Code.
(5) Areas which the applicant has shown to have been developed prior to
[DA TE OF ADOPTION}, are excluded from /WR conservation areas. For
purposes of this subsection, "developed" means within the footprint of a
legally constructed [struGture that is a}:
(a) Building, or other substantial structure constructed on a concrete
foundation;
(b) Permanent dwelling (including manufactured dwelling) constructed
without a concrete foundation;
(c) Permanent deck or patio that is attached to a structure listed in
subsection (a) or (b) above; or
(d) Paved or gravel parking area, road, or driveway that serves uses in
an adjacent building or structure listed in subsection (a) or (b)
above.
Fences and landscaping do not cause an area to be "developed" to
warrant exclusion from the /WR conservation area.
(6) Where an existing development under subsection (5) above or an existing
developed street physically isolates a portion of the conservation
setback area from the resource site, that isolated portion of the
conservation area shall be excluded from the conservation area.
/WR Water Resources Conservation Overlav Zone - Permitted and Prohibited
Uses and Exceotions. Uses are permitted or prohibited within the /WR
Resources Conservation Overlay Zone based on whether they occur inside or
outside the /WR Conservation Area as defined in EC 9.4920, as follows:
(1) Uses Permitted Outside the /WR Conservation Area. The uses permitted
on portions of properties located outside of the /WR conservation area
are the same as those otherwise permitted without consideration of the
/WR Water Resources Conservation Overlay Zone.
(2) Uses Permitted Within the /WR Conservation Area. Subject to
subsections (3) and (4) and any applicable development permits, the
following uses are permitted within the /WR conservation area:
(a) Removal of refuse.
(b) Removal of any fill that is in response to a written determination
from a regulating agency that the fill is in violation of local, state or
federal regulations.
(c) Removal of plants that are non-native and invasive, provided that
any significant tree within 25 feet of a Category B, C or D stream
that is removed under this subsection must be replaced within 6
months by a native tree that will grow to similar (or greater) size,
height and canopy spread as the one removed. Trees with large
canopy spread or height may be replaced by multiple trees that, in
combination, will provide similar height and canopy spread.
(d) Planting or replanting with native plants.
(e) Maintenance of access roads or pathways and channel
maintenance practices used to maintain storm water conveyance
and flood control capacity as required by local policies, local, state
and federal regulations, and intergovernmental agreements.
Ordinance - 7
Ordinance - 8
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(f) A public entity's removal of vegetation by mechanical or manual
means within a strip not to exceed 15 feet wide from publicly
owned property within the /WR conservation area where that
property abuts private property that is not within a /WR
conservation area.
(g) Repair or replacement of a privately-owned, culverted stream
crossing within the same total footprint as the original culvert and
crossing.
(h) Construction of low impact trails with no impervious surface, not
to exceed 3 feet in width.
(i) Planting or removal of plants within an area that, prior to [DA TE OF
ADOPTION], was cleared of native vegetation and intentionally
planted with ornamental landscape plants. Expansion of the
landscaped area through additional clearing of naturally
established native plants within the /WR conservation area is
prohibited.
lj) Removal of vegetation that the city fire marshal has declared poses
a potential fire hazard to existing structures. Written
documentation of the fire marshal's declaration, including a
description of the location of the structure and the location of the
vegetation to be removed, shall be provided to the planning
director prior to the removal. The removal shall be limited to the
extent specified by the fire marshal's declaration.
(k) Removal of hazardous tree(s), so long as prior to removal the
property owner submits to the planning director a written
evaluation of each tree proposed for removal prepared by a
certified arborist declaring the tree(s) to be hazardous and
recommending immediate removal. The written evaluation shall be
on a form prescribed by the city manager pursuant to section 2.019
City Manaaer - Administrative and Rulemakina Authoritv and
Procedures.
(I) Removal of trees or shrubs that are neither native plants nor non-
native, invasive plants, provided that each tree and shrub over 5
feet in height that is removed within 25 feet of a Category B, C or D
stream is replaced within 6 months by a native tree or shrub.
Replacement of a tree must be with a tree that will grow to similar
(or greater), size, height and canopy spread as the one removed.
Trees with large canopy spread or height may be replaced by
multiple trees that, in combination, will provide similar height and
canopy spread.
(m) Construction of a stream crossing with a culvert or bridge for a
private access road over a Category E stream, where no other point
of access to an adjacent street or road is available.
(n) Maintenance, repair, and reconstruction of utility facilities existing
as of [DA TE OF ADOPTION] where such action will involve
excavation or ground disturbance within the conservation area of
500 square feet or less, and where such action is necessary to
maintain access, maintain or improve safety, maintain proper
functioning or is required by local policies, local, state or federal
regulations, or intergovernmental agreements. See Subsection
Ordinance - 9
NO.1
10/18/05
(3)(d) of this section for maintenance, repair and reconstruction
activities that are subject to the standards review process.
(0) Emergency repair of a failing sloDe or eroding channel bank,
provided that, within one week of commencing the repair work, the
owner of the subject property submits to the planning director a
written evaluation of the bank failure prepared by a certified
engineer that includes:
1. A description of the location, extent and probable cause of the
slODe or bank failure,
2. A determination that the slODe or bank failure constitutes an
emergency and threatens public safety or the structural
integrity of an adjacent or downstream legally constructed
structure,
3. A declaration that immediate repair of the sloDe or bank failure
is necessary to protect public safety or the structural integrity
of structure(s) described under subsection 2.
4. A statement that the method of repair will minimize impacts to
riparian and in-stream habitat to the greatest extent
practicable.
Consistency with the provisions of this subsection do not exempt
the property owner from state or federal laws or regulations that
protect wetlands, waterways or other natural resources.
(3) Uses Subject to Standards Review Within /WR Conservation Areas.
Except as prohibited by subsection (4), or as excepted under subsection
(5), within /WR conservation areas, the following uses are permitted,
subject to the standards review process beginning with EC 9.8460 in
which consistency with the specific standards referenced for each use
below shall be used as the criteria for approval.
(a) Realignment and reconfiguration of channels and pond banks.
Subject to EC 9.4980 /WR Water Resources Conservation Overlav
Zone Deve/ooment Standards (2) through (5).
(b) Construction of public improvements (including but not limited to
streets, bridges, paved bikeways and pedestrian paths, and public
utilities) required by this land use code or specified in adopted
plans. Subject to EC 9.4980 /WR Water Resources Conservation
Overlav Zone Deve/ooment Standards (1) through (11).
(c) Construction of public access facilities and information and
interpretation facilities on public lands where it is demonstrated that
public access must be controlled in order to protect the resource.
Subject to EC 9.4980 /WR Water Resources Conservation o verla v
Zone Deve/ooment Standards (1) through (11).
(d) Maintenance, repair, and reconstruction of utility facilities existing
as of lDA TE OF ADOPTION] within /WR conservation areas of
Category A, B, C, or D streams or Category A, B, or C wetlands,
where such action will involve excavation or ground disturbance
within the /WR conservation area of more than 500 square feet, and
where the footprint of above-ground facilities will not be expanded.
For purposes of this subsection, agencies or entities that manage
and maintain utility facilities may make application for individual
actions or may submit an application for approval of a maintenance,
repair and reconstruction program, such that all activities
Ordinance - 10
NO.1
10/18/05
consistent with the approved program would be deemed consistent
with this subsection, and applications for individual actions would
not be required. Subject to EC 9.4980 /WR Water Resources
Conservation Overlay Zone Deve/ooment Standards (2) through (5)
and to the following additional standards:
1. The action is necessary in order to maintain access, maintain
or improve safety, maintain proper functioning, or is required
by local policies, local, state or federal regulations, or
intergovernmental agreements.
2. Excavated areas shall be backfilled to the previous grade with
existing native soil used for the uppermost 3 feet of backfill
whenever possible and in no case less than the uppermost 2
feet of backfill.
3. Except for emergency repairs, maintenance, repair and
reconstruction of utility facilities shall be planned and timed to
minimize adverse impacts to wildlife and habitat within a /WR
conservation area. Emergency repairs shall meet the
requirements of 9.4930(2)(0).
4. Utility agencies and their agents shall use the best feasible
technology to pinpoint the location of needed repairs to
underground utilities prior to excavation in order to limit the
area of impact.
(e) Construction of new underground utility lines within /WR
conservation areas of Category A, B, C, or D streams or Category A,
B, or C wetlands. Subject to EC 9.4980 /WR Water Resources
Conservation Overlay Zone Deve/ooment Standards (2) through (5)
and to the following additional standards:
1. No reasonable alternative routes exist to provide service to an
unserved area or to connect to an existing line.
2. Routing of new utility lines shall be designed so as to minimize
adverse impacts to habitat within the /WR conservation area to
the greatest extent practicable.
3. Excavated areas shall be backfilled to the previous grade with
existing native soil used for the uppermost 3 feet of backfill
whenever possible and in no case less than the uppermost 2
feet of backfill.
4. Construction of new utility facilities shall be planned and timed
to minimize adverse impacts to wildlife and habitat within a
/WR conservation area.
5. Impacts to plant species listed as threatened or endangered by
the Oregon Department of Agriculture or the U.S. Fish and
Wildlife Service shall be avoided.
(f) Wetland or riparian area enhancement, restoration or creation
activities. Subject to EC 9.4980 /WR Water Resources Conservation
Overlay Zone Deve/ooment Standards (2) through (5).
(g) Construction of storm water quality treatment facilities that do not
discharge into a stream or wetland within the /WR conservation area
and that do not include adding impervious surfaces. Subject to EC
9.4980 /WR Water Resources Conservation Overlay Zone
Deve/ooment Standards (2) though (5).
Ordinance - 11
NO.1
10/18/05
(h) Discharge of storm water collected from impervious surfaces into a
wetland or stream within the /WR conservation area, if the following
standards 1. through 4. are met:
1. No other gravity-based storm water discharge options are
available for the site.
2. All of the storm water runoff from the development site that will
result from the water quality design storm will be treated by a
privately constructed and maintained stormwater management
facility prior to discharge. For purposes of this subsection, the
term "water quality design storm" means a theoretical storm
for estimating the amount of storm water runoff to be treated,
and is different for volume based facilities and flow-through
facilities as follows:
a. Facilities designed to store and treat a volume of
storm water shall be sized using a water quality design
storm of 1.4 inches of rainfall in 24-hours using Soil
Conservation Service (SCS now the Natural Resources
Conservation Service) methodology.
b. Facilities designed to treat a rate of flow draining through
them shall be sized using a rainfall intensity of 0.12
inches per hour for facilities off-line from the conveyance
system, or 0.21 inches per hour for on-line facilities, and
using the rational equation.
3. The storm water is treated prior to discharge utilizing one or
more of the following storm water management facilities: eco-
roof, stormwater planter, swale, filter, infiltration basin, and
manufactured treatment facility.
4. Design and construction of the stormwater management
facility is subject to EC 9.4980 /WR Water Resources
Conservation Overlay Zone Development Standards (2)
through (5).
(i) Construction of paved roads or pathways for city channel
maintenance access, or paved pathways for passive recreation.
Subject to EC 9.4980 /WR Water Resources Conservation Overlay
Zone Development Standards (2) through (6) and (11).
OJ Construction of a private access road where no other point of
access is available except through the /WR conservation area of a
Category A, B, C or D stream or a Category A, B, or C wetland~
where the number of stream or wetland crossin as is the minimum
necessarv for the aDDroved use. Subject to EC 9.4980 /WR Water
Resources Conservation Overlay Zone Development Standards (2)
through (6) and (10).
(k) Non-emergency repair or stabilization of a failing ~ or eroding
channel bank. Subject to EC 9.4980 /WR Water Resources
Conservation Overlay Zone Development Standards (2) through (6),
and provided the applicant submits to the planning director a report
from a certified engineer that includes the following:
1. A description of the location, extent and probable cause of the
sloDe or bank failure,
2. A determination that the sloDe or bank failure threatens public
safety or the structural integrity of an adjacent or downstream
NO.1
10/18/05
legally constructed structure,
3. A declaration that repair of the slODe or bank failure is
necessary to protect public safety or the structural integrity of
structure(s) described under subsection 2. above,
4. A statement that the method of repair is necessary to protect
public safety of the structural integrity of structure(s)
described under subsection 2. above and will minimize
impacts to riparian and in-stream habitat to the greatest extent
practicable.
Consistency with the provisions of this subsection do not exempt
the property owner from state or federal laws or regulations that
protect wetlands, waterways or other natural resources.
(4) Uses Prohibited Within thelWR Conservation Area. Uses that are not
specifically allowed under subsections (2), (3) or (5) are prohibited within
IWR conservation areas. Prohibited uses include, but are not limited to,
the following:
(a) Storage of hazardous or toxic materials.
(b) Depositing, dumping, piling or disposal of refuse, or dumping,
piling, disposing or composting of yard debris, fill, or other material
except for single family residential composting, which must be kept
at least 10 feet from the top of the bank of any water feature, and
soils or soil amendments used for replanting in accordance with
provisions of this section.
(c) Construction of new septic drainfields.
(d) Channelizing or straightening natural drainageways.
(e) Removal or destruction of a plant species listed as threatened or
endangered by the Oregon Department of Agriculture or the U.S.
Fish and Wildlife Service unless written notice of the removal or
destruction is provided to the city's Planning and Development
Department, the Plant Division of the Oregon Department of
Agriculture, and the U.S. Fish and Wildlife Service 30 days prior to
the removal or destruction. Such notice shall include the location,
the names of the plant species to be affected, how many plants are
to be affected and the reason for the removal or destruction.
(f) Filling, grading and excavating.
(g) Storage of wood, other building materials, vehicles or machinery.
(5) Exceptions. Activities that are explicitly authorized by a city land use
approval issued prior to lDA TE OF ADOPTION] or that are necessary to
carry out uses or development explicitly authorized by such an approval
are exempt from the restrictions of the provisions of subsections (2), (3)
and (4) of this section if the authorization is part of one of the following:
(a) A site review plan;
(b) A conditional use permit;
(c) A tentative subdivision or tentative cluster subdivision submitted
and approved after August 1, 2001;
(d) A green way permit; or
(e) A planned unit development.
9.4940
IWR Water Resources Conservation o verla v Zone - Conveyance of
Storm water Maintenance Easement. Within the IWR conservation area, the
Ordinance - 12
NO.1
10/18/05
city shall have the authority to require conveyance of a maintenance access
easement for any natural or human made stormwater facility as a condition of
approval for a land use permit. Maintenance access easements shall be
parallel to the stream or channel and shall be of sufficient width to allow a
maintenance access road along one side of the stream or channel that is up to
20 feet wide.
9.4950 /WR Water Resources Conservation Overlav Zone - Adiustmentsf-amJ
EXGesticmsl.
(1) [Adjustment.] Adjustments to the provisions of EC 9.4920 may be made
subject to compliance with the criteria for adjustment in EC 9.8030(21)UU"
(b) or (cl.
(2) Adiustments to the Drovisions of EC 9.4930 or 9.4980 mav be made
subiect to comDliance with the criteria for adiustment in EC 9.8030(21){dl.
[(2) EXGeption.
(a) Prior to proGessing an eJWeption request under sooseGtion (h) of
this seGtion, the pkmnillg direGtor shall refer the matter to, and
Gonsult with the Gity manager to determine v.wether to offer
Gompensation to the appliGant in lieu of the requested oxGeption.
(b) As part of a Type III appliGation proGedure, the Gity may 3pprove an
eXGeption to the provisions of EC 9.4930 and 9.4980 hased on
Gonsisten&y "lith all of the following Griteria:
1. The appliGant has Gompleted the proGess for seeking under
suhseGtion (1) the maximum possible adjustment of the
provisions of EC 9.4920;
2. The appliGant has shown that the provisions of EC 9.4930 and
9.4980, Gonsidering any adjustments 3f3proved under 1, are a
restriGtion on use as that term is used in seGtion 1 of Oregon
Laws Chapter 1, 2005 and have the effeGt of reduGing the fair
market V3lue of the subjeGt parGel and do not Gonstitute an
exempt regul3tion under seGtion 3 of Oregon Laws Chapter 1,
2006;
3. The eXGeption allowed is the minimum neGes8ary to restore
the f3ir market value of the property to the V3we it would have
without the /WR W-ater RosourGes Conservation Overby Zone.
(G) "Sunset" Provision. "Ballot Measure 37 (2004) is voided hy GOM
aGtion or resGinded hy legislative aGtion, no new eXGeption shall he
allowed under this sooseGtion (2).J
9.4960 /WR Water Resources Conservation Overlav Zone - MaD or Zone Error. The
provisions of this section apply in the case of an alleged error in the mapping
of a Goal 5 resource site on the Goal 5 Water Resources Conservation Plan
Map and/or in the case of an alleged error in the application of the /WR Water
Resources Overlay Zone to a specific lot. With respect to alleged errors in the
application of the overlay zone, the provisions of this section apply instead of
the zone change procedures and criteria described at EC 9.8850 through
9.8865. This section provides the only basis for removal of the /WR Water
Resources Overlay Zone or corrections to the Goal 5 Water Resources
Conservation Plan Map.
Ordinance - 13
NO.1
10/18/05
(1) Initial Consultation. An applicant may request an initial consultation with
city staff to assist the applicant in determining whether an application
under subsection (2) or (3) of this section is the most appropriate
application for the specific error alleged.
(2) Correction Based Solely on Aerial Photography or Geographic
Information System Data. An application submitted pursuant to this
subsection shall be processed under the Type I application procedure
(EC 9.7100- 9.7120).
(a) Application Reauirements.
1. A form provided by the city and a fee established pursuant to
EC chapter 2.
2. For allegations of error on the Goal 5 Water Resources
Conservation Plan Map: identification of the Goal 5 Water
Resource Site alleged to have been incorrectly mapped on the
Goal 5 Water Resources Conservation Plan Map.
3. For allegations of error on the Eugene Overlay Zone Map: a
list of the tax lots and a description of any right-of-way alleged
to have been incorrectly included in the /WR Water Resources
Conservation Overlay Zone.
4. A description of the alleged error and the proposed correction.
(b) Approval Criteria Based Solely on Aerial Photoaraphy and
Geoaraphic Information System Data.
1. For allegations of error on the Goal 5 Water Resources
Conservation Plan Map: it is clear that, at the time the city
adopted the Goal 5 Water Resources Conservation Plan Map,
that Map showed an incorrect location of the identified Goal 5
Water Resource Site.
2. For allegations of error on the Eugene Overlay Zone map: it is
clear that, at the time the city applied the /WR Water Resources
Conservation Overlay Zone to the subject lot(s), the city was
incorrect in its determination that the lot(s) contained a Goal 5
Water Resource Site or a /WR Water Resources Conservation
Area.
(3) Correction Based on Additional Information. An application submitted
pursuant to this subsection (3) shall be processed under the Type II
application procedure (EC 9.7200 - 9.7230).
(a) Application reauirements.
1. The materials required under subsection (2)(a).
2. If the alleged error is in the city's measurement of the
conservation setback (as opposed to the location of the
resource itself), a site plan drawn to scale, showing all of the
following:
a. The location of the boundary of the resource as mapped
by the city in the Goal 5 Water Resources Conservation
Plan;
b. The alleged correct location of the boundary of the /WR
conservation area for the resource in question based on
EC 9.4920;
c. The distance in feet from the nearest point of the alleged
correct location of the boundary of the /WR conservation
area of the resource in question to the subject property.
Ordinance - 14
NO.1
10/18/05
3. If the alleged error is in the mapping of an upland wildlife
habitat site or a riparian site (as opposed to the measurement
of the site's conservation setback):
a. A detailed written description of the mapped area claimed
to be incorrectly included within the resource site in
question, including an inventory list of plant species and
the relative frequency of plant species listed;
b. The location of the boundary of the resource as mapped
by the city in the Goal 5 Water Resources Conservation
Plan;
c. The alleged correct location of the boundary of the /WR
conservation area for the resource in question; and\
d. Color photographs of the area claimed to be incorrectly
included within the resource site in question.
4. If the alleged error is in the mapping of a wetland site (as
opposed to the measurement of the conservation setback
area), a wetland determination or a wetland delineation report
and map, and a signed concurrence letter from the Oregon
Department of State Lands, indicating that the determination or
report is consistent with Oregon Administrative Rules
pertaining to mapping of jurisdictional wetlands. The map
must show all pertinent tax lot lines and rights-of-way
boundaries.
(b) Approval Criteria.
1. For allegations of error on the Goal 5 Water Resources
Conservation Plan Map: at the time the city adopted the Goal 5
Water Resources Conservation Plan Map, that Map showed an
incorrect location of the identified Goal 5 Water Resource Site.
2. For allegations of error on the Eugene Overlay Zone Map: at
the time the city applied the /WR Water Resources
Conservation Overlay Zone to the subject lot(s), the city was
incorrect in its determination that the lot(s) contained a Goal 5
Water Resource Site or a /WR Water Resources Conservation
Area.
(4) Amendment of the Goal 5 Water Resources Conservation Plan Map or the
Eugene Overlay Zone Map. As a result of the Type I or Type II processes
described above, if the city determines that there is an error in the Goal 5
Water Resources Conservation Plan Map or the Eugene Overlay Zone
Map, the planning director shall issue an order amending the applicable
map(s) to correct the error.
9.4970 /WR Water Resources Conservation Overlav Zone - State Wetland Notification.
The city shall notify the Oregon Department of State Lands (DSL) concerning
land use and building permit applications within wetland sites consistent with
state law.
9.4980 /WR Water Resources Conservation o verla v Zone - Development Standards.
The following standards apply only as specifically required by EC 9.4930(3) or
EC 9.8030(21):
Ordinance - 15
NO.1
10/18/05
(1) Enhancement. Where the /WR conservation area is reduced, or uses are
approved within the /WR conservation area, the remaining /WR
conservation area shall be enhanced consistent with this subsection and
by removing non-native plant species and planting native plant species
consistent with subsections (2) and (3) below.
(a) All refuse, toxic materials and any fill that limits or decreases the
capacity of the conservation setback area to filter pollutants from
runoff that flows across the conservation setback area shall be
removed (not including storm water collected and discharged from
impervious surfaces).
(b) Where practicable, finished grades shall encourage sheet flow of
runoff across conservation setback areas to maximize filtering and
infiltration of precipitation and runoff within conservation setback
areas (not including storm water collected and discharged from
impervious surfaces).
(c) On sites where the slope within the conservation setback area
exceeds 15 percent, measures (e.g., planting and contouring) shall
be taken to slow the flow of runoff to the maximum extent
practicable (not including storm water collected and discharged
from impervious surfaces).
(d) Non-native plants shall be permanently removed to the maximum
extent practicable and replaced with native plant species in
accordance with subsection (3) below.
(e) Except as required by EC 9.4980(2)(c), EC 9.4980(3)(d) and EC
9.4980(3)(e), site work to enhance the conservation setback area
shall be completed prior to or concurrent with other site
development, unless appropriate native plant species are not
available within that time frame.
(2) Vegetation Removal. Vegetation removal within the /WR conservation
area and within areas removed from the /WR conservation area shall
comply with the following standards:
(a) Vegetation removal shall be limited to:
1. Plant species that are non-native and invasive;
2. Dead or dried native plants or grasses only when they
constitute an imminent fire hazard;
3. Living native or non-native vegetation, when its removal is
necessary to facilitate or encourage the growth of other native
species (e.g., native wet prairie plant species) consistent with
adopted plans or policies; or
4. The minimum area of native vegetation removal necessary to
accommodate uses approved in accordance with EC
9.4930(3)(a) through EC 9.4930(3)(h), and uses approved
through an adjustment approved in accordance with EC
9.8030(21).
(b) Clearing of more than 500 square feet of vegetation must comply
with Erosion Prevention regulations for sensitive areas in EC 6.645.
(c) Any clearing of vegetation that is not within the footprint of uses
approved in accordance with EC 9.4930(3)(a) through EC
9.4930(3)(h), or uses approved through an adjustment approved
under EC 9.8030(21), must be followed by replanting in accordance
with the requirements of subsection (3) below.
Ordinance - 16
NO.1
10/18/05
(3) Planting and Replanting. Planting or replanting within the /WR
conservation area shall comply with the following standards:
(a) Areas of existing bare soil and areas which have been cleared or
graded in accordance with subsection EC 9.4980(2) or EC 9.4980(5)
shall be planted with native plant species. Except as required in (b)
and (c) below, plant species and plant spacing used for such
plantings shall be appropriate to increasing to the greatest extent
practicable the capacity of the conservation setback area to filter
pollutants from runoff that flows across the conservation setback
area (not including storm water collected and discharged from
impervious surfaces). Where existing native vegetation already
serves this function to some extent, additional native plants shall be
planted in order to augment native vegetation already existing.
Plant species selected for all plantings shall be appropriate to the
site given its topography, hydrology, soil, and existing native plant
species.
(b) Planting or replanting within 25 feet of a Category B, C, or D stream
within the /WR conservation area shall include native tree or large
shrub species and located so as to provide substantial shading of
the channel during times of peak solar input.
(c) Where non-native or damaged trees are removed within 25 feet of a
Category B, C, or D stream within the /WR conservation area, they
shall be replaced with native tree or large shrub species and located
so as to achieve equal or greater shading of the channel during
times of peak solar input as the trees removed.
(d) Replanting of areas cleared of existing vegetation must be
completed within 90 days following the removal or clearing, unless
otherwise approved by the planning director.
(e) Plantings shall not adversely affect adjacent protected water
resources or existing native vegetation through shading or invasion
by plant species introduced into the setback.
(4) Construction Practices. Construction within the /WR conservation area,
and within areas removed from the /WR conservation area shall comply
with the following standards:
(a) For purposes of this subsection, heavy machinery is defined as
motorized or mechanized machinery or equipment capable of
deliberately or inadvertently damaging vegetation, or damaging or
compacting soil. The following standards shall apply to use of
heavy machinery within the /WR conservation area:
1. On sites where soils are susceptible to severe compaction or
structural damage when wet or saturated, use of heavy
machinery shall be limited to the period between June 15 and
September 30, unless otherwise approved by the planning
director.
2. Use of heavy machinery shall be the minimum necessary for
the use or activity and shall be restricted to those areas where
its use is necessary.
(b) Petroleum products, chemicals, or other deleterious materials used
in the construction process shall not be allowed to enter a stream or
wetland that is within a /WR conservation area.
Ordinance - 17
NO.1
10/18/05
(5) Filling, Grading and Excavating. Filling, grading and excavating within
the /WR conservation area and within areas removed from the /WR
conservation area shall comply with the following standards:
(a) Filling, grading or excavating of more than 500 square feet must
comply with Erosion Prevention regulations fot sensitive areas in
EC 6.645.
(b) Grading and excavating conducted as part of restoration or
enhancement projects, and bank and channel reconfiguration shall
result in topography that resembles landscapes shaped only by
natural processes, for example, incorporating the undulations,
meanders and slopes found in such landscapes. For purposes of
this standard, straight lines and geometric or angular shapes are
not acceptable. Channel and stream bank slopes shall not exceed
25 percent at elevations of 500 feet or less.
(6) Impervious Surfaces. Within the /WR conservation area, construction of
new impervious surfaces shall comply with the following standards:
(a) Impervious surfaces are prohibited within the /WR conservation
area unless they are part of a use approved in accordance with EC
9.4930(3).
(b) Impervious surfaces that are part of a use approved in accordance
with EC 9.4930(3) shall be no larger than the minimum necessary for
the approved use. For sites with wetlands, impervious surfaces
shall be located as far from the boundaries of locally significant
wetlands as practicable. For riparian and upland wildlife habitat
sites, impervious surfaces shall be located as far from the line of
ordinary high water as practicable.
(c) Durable porous paving treatments or other infiltration devices
approved by the planning director or decision-maker shall be used
in lieu of standard impervious paving surfaces to increase
infiltration of storm water where practicable. This standard shall
apply only to low volume parking areas, foot paths or lightly used
access roads, where porous soils and flat topography will facilitate
infiltration of runoff. For the purposes of this subsection, gravel
surfaces are not acceptable as porous paving or as an infiltration
device.
(7) Site Layout. On sites where the /WR conservation area is reduced, high
intensity uses within the entire development site, including high volume
traffic lanes and truck loading docks, shall be designed and located so
that adverse impacts to wetland and riparian habitats within the /WR
conservation area are minimized to the greatest extent practicable.
(8) Lighting. Within the /WR conservation area, and within areas removed
from the /WR conservation area, outdoor area lighting shall be prohibited,
except to illuminate walkways, bike paths, pedestrian gathering areas,
and parking areas, where these facilities are intended to be used after
dark. Outdoor area lighting is lighting designed to illuminate an outdoor
activity area, trail or bicycle path. Where lighting is to be provided within
the /WR conservation area and within areas removed from the /WR
conservation area, the following standards shall apply:
(a) Illumination for walkways, pathways or pedestrian gathering areas
shall be no more than an average maintained luminance of 0.5 foot-
candle at grade.
Ordinance - 18
NO.1
10/18/05
(b) Output from all other light sources shall be no more than an average
maintained luminance of 0.9 foot-candle at grade.
(c) All lighting fixtures shall be designed to direct light downward to
areas intended for human use after dark, and shall be shielded such
that light shining toward /WR conservation areas is minimized to the
maximum extent practicable.
(9) Trails. Within the /WR conservation area, trails shall be constructed of
gravel, wood chips or other pervious material, unless otherwise approved
by the city manager or decision-maker. Trail construction shall involve
the least removal of native vegetation practicable for the area and the
minimum amount of fill or excavation practicable.
(10) Stream and Channel Crossings. Bridges or other structures that cross
streams or wetlands within the /WR conservation area or areas removed
from the /WR conservation area shall be constructed so that water flow,
vegetation growth and movement of aquatic animals and water
dependent wildlife are impeded to the least extent practicable. To meet
this standard, bridges and crossings shall include, but are not limited to,
applicable items from the following list:
(a) Bridges across Category A or Category B streams as identified in
the Goal 5 Water Resources Conservation Plan shall, where
practicable, be designed to avoid channel constriction when flows
reach the top of high bank. Where practicable, bridges shall span a
distance 1.2 times the width of the stream channel from top of high
bank to top of high bank to help prevent scouring within the
structure or at the outlet during less frequent floods.
(b) Crossings over Category A or Category B streams as identified in
the Goal 5 Water Resources Conservation Plan shall utilize bridges
or natural substrate culverts where possible. Where practicable, the
lower lip of any natural substrate culvert shall be embedded at least
1 foot for box culverts and pipe arches, and at least 25% of the pipe
diameter for pipe culverts. The substrate within the structure shall
match the composition of the substrate in the natural stream
channel at the time of construction. The substrate shall either resist
displacement during flood events or the structure shall be designed
to maintain an appropriate bottom through natural bed load
transport.
(c) Bridges and culverts on Category A or Category B streams as
identified in the Goal 5 Water Resources Conservation Plan shall be
constructed so that the "openness ratio" of the structure is equal to
or greater than 0.25. The "openness ratio" is the cross-sectional
area of the passage area under or within the structure divided by the
length of the stream segment it crosses over. For a box culvert, the
openness ratio shall be (height x width)/Iength.
(d) Culverts shall not substantially increase or decrease water depth or
flow rate conditions upstream or downstream from the culvert.
(e) The lower lip of all culverts shall meet the stream or channel bed at
or below grade.
(f) Culverts shall be the minimum length practicable, and fill on top of
the culvert shall have the minimum footprint practicable.
(11) Interpretive Facilities. Within the/WR conservation area, boardwalks,
viewing platforms, interpretive information kiosks, trail and interpretive
Ordinance - 19
NO.1
10/18/05
signs shall be constructed in a manner that involves the least removal of
native vegetation practicable. Signs shall be no more than 5 feet tall, and
16 square feet per face in surface area, except for signs intended to be
read from moving automobiles, such as site entrance signs, which shall
be no more than 8 feet tall and 32 square feet per face in surface area.
Kiosks shall be no more than 8 feet tall and 16 square feet per face in
surface area. The number of signs shall be the minimum necessary to
accomplish project objectives.
Section 7. The portion of sentence preceding the colon in Subsection (1) of Section
9.6885 of the Eugene Code, 1971, is amended to provide:
9.6885
Tree Preservation and Removal Standards.
(1) Exemption from Standards. The standards in this section do not apply to
activities regulated under EC 9.4900 through 9.4980, or an application for
development activity that includes or will result in:
Section 9. Subsection (1) of Section 9.7025 of the Eugene Code, 1971, is amended by
adding a new subparagraph (f) thereto, to provide:
9.7025
Performance Aareements.
(1) Applicability. The city shall require execution of a performance agreement
by the applicant for all of the following types of applications:
(a) Conditional use permit and any modifications.
(b) Historic property alteration and any modifications.
(c) Planned unit development, final plan and any modifications.
(d) Site review and any modifications.
(e) Subdivisions final plat and any modifications.
(f) Standards review and any modifications.
Section 10. Table 9.7055 of the Eugene Code, 1971, is amended by adding entries for
"/WR Water Resources Conservation Overlay Zone" in alphabetical order therein to provide:
9.7055
Applications and Review Authorities. Table 9.7055 Applications and Review
Authorities, lists applications and the review authorities for the decision and the
appeal of the decision.
Table 9.7055 Applications and Review Authorities
R = Recommendation, D = Decision Maker, A = Appeal Review Authority
Application Type Planning Hearings Historic Planning City
Director Official Review Commission Council
Board
Variance II D A
Ordinance - 20
NO.1
10/18/05
Table 9.7055 Applications and Review Authorities
R = Recommendation, D = Decision Maker, A = Appeal Review Authority
Application Type Planning Hearings Historic Planning City
Director Official Review Commission Council
Board
/WR Water Resources
Conservation Overlay Zone
I ExseptioRS ($ee EC
9.4950(2})J [IIIJ [D [AJ
- Map or Zone Error (See EC J
9.4960) I or /I D A
Willamette Greenway Permit III D A
Section 11. Table 9.7105 of the Eugene Code, 1971, is amended by adding an entry for
"IWR Water Resources Conservation Overlay Zone" in alphabetical order therein to provide:
9.7105
Type II Application Reauirements and Criteria Reference. The following
applications are reviewed under the Type II review process according to the
requirements and criteria set forth for each application as reflected in the beginning
reference column in Table 9.7105:
Table 9.7105 T
Iications
lication Re
Reference
/WR Water Resources Conservation Overlay Zone - Map or Zone
Error
EC 9.4960(2)
Section 12. Table 9.7205 of the Eugene Code, 1971, is amended by adding an entry for
"IWR Water Resources Conservation Overlay Zone" in alphabetical order therein to provide:
9.7205
Type II Application Reauirements and Criteria Reference. The following
applications are reviewed under the Type II review process according to the
requirements and criteria set forth for each application as reflected in the beginning
reference column in Table 9.7205:
Table 9.7205 T Iication Re
Tell A Iications
Variance
/WR Water Resources Conservation Overlay Zone - Map or Zone
Error
Willamette Greenwa Permit, Modification
EC 9.8825
Ordinance - 21
NO.1
10/18/05
Section 13. Section 9.7230 of the Eugene Code, 1971, is amended by adding entries for
"Standards Review" and "Standards Review, Modification" in alphabetical order to Table 9.7230,
and amending Subsection (6), to provide:
9.7230
Expiration.
Table 9.7230 Ex iration of T
rovals
18 months 36 months
X
X
X
A Iication
Site Review, Modification
Standards Review
Standards Review, Modification
(6) Site review and standards review approvals and modifications [tG-site
review] of such approvals shall be effective for 18 months after the effective
date of approval. Within that time, the applicant shall submit a final plan and
an application for a development permit. Prior to the expiration date, the
applicant may submit a modification requesting a change to the
commencement or expiration time period.
Section 14. The DaraaraDh followina Table 9.7305 of the Eugene Code, 1971, is
amended [by 3dding 3n entry for "JWR W3ter ResourGes Conserv3tion Overl3y Zone" in
31ph3betiG31 order therein] to provide:
9.7305
Type'" Application Reauirements and Criteria Reference. The following
applications are reviewed under the Type III review process according to the
requirements and criteria set forth for each application as reflected in the beginning
reference column in Table 9.7305:
EC 9.8800
EC 9.8850
*Zone changes processed concurrently with a Metro Plan amendment, the adoption
or amendment of a refinement plan, or a land use code amendment shall follow the
applicable procedure for each type of amendment. A zone change to apply the IND
overlay zone shall be processed according to EC 9.4260. Removal of the /WR
overlav zone is controlled bv EC 9.4960.
Ordinance - 22
NO.1
10/18/05
Section 15. Table 9.7810 of the Eugene Code, 1971, is amended by adding an entry for
"IWR Water Resources Conservation Overlay Zone" in alphabetical order therein to provide:
Table 9.7810 Equivalent Zones and Overlay Zones
Urbanizable land Zones Eugen"e Zones
AG/U L Agricultural AG Agricultural
PL/UL Public Land PL Public Land
LDR/UL Low-Density Residential R-1 Low Density Residential
MDR Medium-Density Residential R-2 Medium Density Residential
GO/U L General Office GO General Office
C/UL Neighborhood Commercial C-1 Neighborhood Commercial
CC/U L Community Commercial C-2 Community Commercial
LMI/UL Light-Medium Industrial 1-2 Light-Medium Industrial
HI/UL Heavy Industrial 1-3 Heavy Industrial
Urbanizable land Zonina Overlay Eugene Overlay Zones
ISR Site Review ISR Site Review
ICAS Commercial Airport Safety ICAS Commercial Airport Safety
/WR Water Resources Conservation /WR Water Resources Conservation
Overlay Zone Overlay Zone
9.8025
Section 16. Section 9.8025 of the Eugene Code, 1971, is amended, to provide:
Adiustment Review - General Reauirements.
(1) Except as provided in subsection (2), [Unless .....:lived by the pl:lnning
director.] the adjustment review application shall be prepared by one or more of
the following professionals unless waived by the planning director.
(4a) Oregon licensed architect.
(2b) Oregon licensed civil engineer.
(3c) Oregon licensed landscape architect.
(4) 1\ member of the I\merican Institute of Certified PI:lnners.]
(ad) Oregon licensed land surveyor.
(2) An application for adjustment review under EC 9.8030(21) shall comply
with the following:
(a) Unless waived by the planning director, the application shall be
prepared by one or more of the following professionals:
1. Oregon licensed architect.
2. Oregon licensed civil engineer.
3. Oregon licensed landscape architect.
4. A professionally trained botanist or biologist, with sufficient
training and experience in planning and design to evaluate
consistency of the application with all applicable standards.
(b) Unless waived by the planning director, if the application is not
prepared by a professionally trained botanist or biologist, one or
more of the professionals preparing the application shall have
sufficient professional expertise and training in field botany or
related biological sciences to evaluate consistency of the
application with application standards.
Ordinance - 23
NO.1
10/18/05
(c) The application shall include a site plan that shows sufficient detail
and supporting information to demonstrate compliance with
applicable standards. Unless waived by the planning director, the
site plan shall be prepared by an Oregon licensed civil engineer or
an Oregon licensed surveyor.
(d) The site plan and application shall be signed by each of the
professionals preparing the application, certifying that the
application is true and correct to the best of his or her professional
ability, and that, if applicable, the professional standards of his or
her profession have been met therein.
Section 17. Subsection (14) of Section 9.8030 of the Eugene Code, 1971, is amended,
and a new Subsection (21) is added thereto, to provide:
9.8030
Adiustment Review - Approval Criteria. The planning director shall approve,
conditionally approve, or deny an adjustment review application. Approval or
conditional approval shall be based on compliance with the following applicable
criteria.
(14) Overlay Zone Development Standards Adjustment. Unless a subsection
of EC 9.8030 sets out adjustment review criteria for a specific overlay
zone, [W]where this land use code provides that [tho applicable] overlay zone
standards may be adjusted, the standards may be adjusted upon a finding that
the adjustment of the standards will result in a development that is consistent
with the purpose of the overlay.
(21) IWR Water Resources Conservation Overlay Zone [St3nd3rds}
Adjustment. Where this land use code provides that a provision of the
IWR Water Resources Conservation Overlay Zone may be adjusted,
approval may be given [if no previous 3djustment under these
provisions has been approved, 3nd] only upon a finding that the
proposed adjustment meets criterion (a), (b)" [M} (c) ~ below:
(a) For any property containing a IWR conservation area due to a
resource identified as a wetland, upland wildlife habitat or riparian
site in the Goal 5 Water Resources Conservation Plan.Jm
adiustment to the Drovisions of EC 9.4920 mav be made if no
Drevious adiustment under this section has been aDDroved and:
1. More than 33 percent of the development site is occupied by
the combined area of the IWR conservation setback and any
portion of the Goal 5 Water Resource Site that extends
landward beyond the conservation setback;
2. The proposed reduction in the IWR conservation area will
result in the combined area described above constituting at
least 33 percent of the development site;
3. The portion of the development site removed from the /WR
conservation area complies with EC 9.4980(2)(a)4., (4)(b),
(5)(a), (8), (9) and (10);
4. The portion of the development site outside the IWR
conservation area, including the area removed, complies with
Ordinance - 24
Ordinance - 25
NO.1
10/18/05
EC 9.4980(7);
5. The portion of the development site that remains in a /WR
conservation setback area complies with EC 9.4980(1)
through (5); and
6. The reduction occurs first by reducing the area of any portion
of the resource site that extends landward beyond the
conservation setback. If additional reduction in the /WR
conservation area is needed to reduce the combined area to
33% of the development site area, the conservation setback
area described in EC 9.4920(1)(b) may be reduced the
minimum necessary to meet the standard in subsection 2.
(b) For property containing a /WR conservation area due to a resource
identified in the Goal 5 Water Resources Conservation Plan as a
Category A, B or C stream or as a Category A wetlandt::M1.
adiustment to the Drovisions of EC 9.4920 mav be made if no
Drevious adiustment under this section has been aDDroved and:
1. The proposed reduction in the conservation setback distance
is no more than 20%;
2. The portion of the development site removed from the IWR
conservation area complies with EC 9.4980(2)(a)4., (4)(b), (5)(a),
(8), (9), and (10);
3. The portion of the development site outside the /WR
conservation area, including the area removed, complies with
EC 9.4980(7);
4. The remaining /WR conservation setback area complies with
EC 9.4980(1) through (5);
5. For Category A wetland sites, reduction in the width of the /WR
conservation area shall occur first in areas where the adjacent
wetland is of lower quality or is[I1KJFe} I11ss. disturbed by human
activities and expansion of the width of the /WR conservation
area shall occur first in areas where the adjacent wetland is of
higher quality or is less disturbed by human activities; and
6. For riparian or upland wildlife habitat sites where a reduction
in the width of the /WR conservation area is allowed, the
conservation setback area may be reduced, to the extent
practicable, according to the following priority order:
a. Where the reduction area does not include a mapped
Goal 5 resource site designated for protection in the Goal
5 Water Resources Conservation Plan,
b. Where the adjacent habitat quality is lower.
(c) For property containing a /WR conservation area due to a resource
identified in the Goal 5 Water Resources Conservation Plan as a
Category A or B stream or as a Category A wetland. an adiustment
to the Drovisions of EC 9.4920 mav be made if no Drevious
adiustment under this section has been aDDroved and:
1. Conservation setback averaging is employed to maintain the
same total area within the /WR conservation area within the
development site that would have existed without the reduction
in the conservation setback distance. Conservation setback
averaging shall be accomplished by expanding the /WR
conservation area in an undeveloped area of the development
Ordinance - 26
NO.1
10/18/05
site in compensation for reducing it in another area of the site,
such that the total area of the /WR conservation area on the
development site remains constant;
2. The conservation setback distance may be reduced in anv one
location by up to 30%.
3. The portion of the development site removed from the /WR
conservation area complies with EC 9.4980(2)(a)4., (4)(b), (5)(a),
(8), (9), and (10);
4. The portion of the development site outside the /WR
conservation area, including the area removed, complies with
EC 9.4980(7);
5. The portion of the development site remaining in the /WR
conservation area complies with EC 9.4980(2) through (5);
6. For Category A wetland sites, reduction in the width of the /WR
conservation area shall occur first in areas where the adjacent
wetland is of lower quality or is more disturbed by human
activities and expansion of the width of the /WR conservation
area shall occur first in areas where the adjacent wetland is of
higher quality or is less disturbed by human activities; and
7. For Category A or B streams,[lI/here aJ reduction in the width
of the [/'NR GOnsefV3tion area on ORe side sf a stream is
allov/.ediJ conservation setback area [Oil the opposite ban k of
the stream from the reooGtion area may be reduGediJ shaJJ.
~ to the extent practicable, according to the following
priority order:
a. Where the reduction area does not include an adjacent
Goal 5 resource site designated for protection in the Goal
5 Water Resources Conservation Plan,
b. Where the adjacent habitat quality is lower,
c. Where the setback area can be expanded in
compensation on the opposite bank of the stream from
the reduction area if it is within the same development
site. If the development site does not include the
opposite bank for the stream, the expansion of the
conservation setback shall occur elsewhere on the
development site.
r d) For DroDertv containina a /WR conservation area due to a resource
identified in the Goal 5 Water Resources Conservation Plan as a
wetland. uDland wildlife habitat or riDarian site. an adiustment to the
Drovisions of EC 9.4930 and EC 9.4980 mav be aDDroved if:
1. The aDDlicant has shown that the strict aDDlication of the
Drovisions of EC 9.4930 and 9.4980. considerina:
a. Anv adiustments Dreviouslv aDDroved: and
b. SDecial circumstances that aDDlv to the DroDertv.
includina location. shaDe. size. surroundinas. and
tODoaraDhv.
would denv the DroDertv owner sDecific uses Dermitted to
other DroDertv owners within the same Goal 5 resource site or
a Goal 5 site of similar characteristics and in the same base
zone and overlav zoners). if an v:
NO.1
10/18/05
2. The annlicant has demonstrated that the adiustments
described under subsections (a), (b) and (c) above would not
allow the use or uses snecified under (d) 1.:
3. The adiustment allowed is the minimum necessarv to allow the
use or uses snecified under (d) 1:
4. The norlion of the deve/onment site removed from the /WR
conservation area comnlies with EC 9.4980(2)(a)4.. (4)(b). (5)(a).
(8), (9) and (10) excent to the extent that a standard in one of
those subsections is the subiect of the adiustment annlication:
5. The norlion of the deve/onment site outside the /WR
conservation area. includina the area removed. comnlies with
EC 9.4980(7): and
6. The norlion of the deve/onment site that remains in a /WR
conservation area comnlies with EC 9.4980(1) throuah (5),
Section 18. Sections 9.8460, 9.8465, and 9.8470 of the Eugene Code, 1971, are
amended and new Sections 9.8472 and 9.8474 are added thereto, to provide:
9.8460
9.8465
9.8470
9.8472
Purcose of Standards Review. The standards review process is intended to
provide a way to effectively review specific types of proposed development with
[clear and objective] standards outlined in this land use code.
Acclicabilitv. [Certain uses in the NR zone as referenced in EC 9.2520(3) arc
subject to the standards review procedure. Where the pro'li~ion~ of this section
require review for compliance with ~tandard~,] Where this land use code allows a
specific use, subject to standards review, the application for review shall be
considered under a Type II process, unless the subject land use application is being
considered under a Type III application process. If the review requested is a part of
a Type III application, the review of standards shall be considered concurrently
under a Type III application process. No development permit shall be issued by the
city prior to completion of the standards review.
Standards Review Accroval Criteria. The planning director shall determine
whether the application is in compliance with the [applicable] standards set out in
the code section that calls for standards [subject to the] review.
Standards Review - Application Reauirements. Applications for uses subject
to standards review under EC 9.4930(3) shall be subject to the following
requirements:
(1) Unless waived by the planning director, the application shall be prepared
by one or more of the following professionals:
(a) Oregon licensed architect.
(b) Oregon licensed civil engineer.
(c) Oregon licensed landscape architect.
Ordinance - 27
9.8474
NO.1
10/18/05
(d) A professionally trained botanist or biologist, with sufficient training
and experience in planning and design to evaluate consistency of
the application with all applicable standards.
(2) Unless waived by the planning director, if the application is not prepared
by a professionally trained botanist or biologist, one or more of the
professionals preparing the application shall have sufficient professional
expertise and training in field botany or related biological sciences to
evaluate consistency of the application with application standards.
(3) The application shall include a site plan that shows sufficient detail and
supporting information to demonstrate compliance with applicable
standards. Unless waived by the planning director, the site plan shall be
prepared by an Oregon licensed civil engineer or Oregon licensed
surveyor.
(4) The site plan and application shall be signed by each of the professionals
preparing the application, certifying that the application is true and
correct to the best of his or her professional ability, and that, if
applicable, the professional standards of his or her profession[aI] have
been met therein.
Standards Review - Modification. Modification of an approved standards
review granted pursuant to EC 9.4930(3) may be requested following the Type
II process. The planning director shall approve the request if it complies with
the following criteria:
(1) The proposed modification is consistent with the conditions of the
original approval.
(2) The proposed modification will not result in a greater impact to the
resource than permitted by the initial approval.
If the planning director determines that the modification is not consistent with
the above criteria, the proposed modification may not occur until a new
standards review application is submitted and reviewed based on the Type II
application procedures in section 9.7200 and the requirements and criteria in
sections 9.4900-9.4980. Nothing in this section shall preclude the applicant
from initially submitting the requested modification as a new standards review
application.
Section 19. Section 9.8855 of the Eugene Code, 1971, is amended by adding a
new Subsection (5) thereto, to provide:
9.8855
Aoolicabilitv. Changes in zoning, including the application of or change of an
overlay zone or special area zone shall be processed as a Type III application as
provided in EC 9.7300 through EC 9.7340 Type III Application Procedures, with the
following exceptions:
(5) The proposed zone change is to remove the /WR Water Resources
Conservation Overlay Zone, in which case the zone change shall be
processed as described in EC 9.4960.
Ordinance - 28
NO.1
10/18/05
Section 20. Subsection (4) of Section 9.8865 of the Eugene Code, 1971 is
amended by adding a new subsection (p) thereto, and relettering the current subsection
(p) to (q), to provide:
9.8865
Zone Chanae Approval Criteria. Approval of a zone change application, including
the designation of an overlay zone, shall not be approved unless it meets all of the
following criteria:
(4) The proposed zone change is consistent with the applicable siting
requirements set out for the specific zone in:
(p) EC 9.4915 /WR Water Resources Conservation Overlav Zone Sitina
Reauirements (only for the purposes of adding the overlay zone.
See EC 9.4960.).
(pq) An uncodified ordinance establishing a site specific S-H Historic Special
Area Zone, a copy of which is maintained at the city's planning and
development department.
Section 21. The Eugene Overlay Zone Map is amended to add the IWR overlay
zone to the properties as reflected on Exhibit 0 hereto.
Section 22. 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, that portion shall be deemed a separate, distinct, and independent provision
and that holding shall not affect the validity of the remaining portions of this Ordinance.
Section 23. Although not part of this Ordinance, the City Council adopts the
Legislative Findings set forth in the attached Exhibit E in support of this action.
Section 24. The Plant List attached as Exhibit F is adopted, and amendments
may be effected by administrative order of the City Manager pursuant to Section 2.019
of the Eugene Code, 1971.
Section 25. Notwithstanding the effective date of ordinances as provided in the
Eugene Charter of 2002, this Ordinance shall become effective upon the date that both
of the following have occurred: (a) the ordinance has been acknowledged, and (b) at
least 30 days have passed since the date the ordinance was approved.
Passed by the City Council this
Approved by the Mayor this
_ day of
,2005
_ day of
,2005
City Recorder
Ordinance - 29
Mayor
Exhibit A to Ordinance No. [1]
GoalS Water Resources Conservation Plan
This exhibit, not fully reproduced here, is the same as it appeared in the City Council's
September 21,2005 packet at pages 37-85, except as follows:
1. Council Packet pages 50-51 in the September 21,2005 packet, "Goal 5 Riparian and Upland
Wildlife Habitat Sites within the Eugene Urban Growth Boundary - August 2005," are
replaced by the table titled "Goal 5 Riparian and Upland Wildlife Habitat Sites within the
Eugene Urban Growth Boundary - October 24,2005" (two pages), attached.
2. Map titled: "Goal 5 Water Resources Conservation Plan, Section III, Tile 3-Southeast
Eugene, September 2005," in the September 21, 2005 packet, is replaced by the map titled
"Goal 5 Water Resources Conservation Plan, Section III, Tile 3 - Southeast Eugene, October
24, 2005," attached.
3. Council Packet page 66 in the September 21,2005 packet, "ESEE Conclusions Summary
Table - Upland Wildlife Habitat Sites, 9/1/05," is replaced by the table titled "ESEE
Conclusions Summary Table - Upland Wildlife Habitat Sites, October 24, 2005," attached.
4. Council Packet page 78 in the September 21,2005 packet, map titled: "Goal 5 Water
Resources Conservation Plan, Section IV, Map 9" is replaced by the map titled "Goal 5
Water Resources Conservation Plan, Section IV, Map 9, October 24,2005," attached.
Only replacement pages are attached hereto.
Goal 5 Water Resources Conservation Plan, Section III
GOAL 5 RIPARIAN AND UPLAND WILDLIFE HABITAT SITES WITHIN THE EUGENE URBAN GROWTH BOUNDARY
October 24, 2005
Tier 1 Sianificance Criteria Tier 2 Criteria Acreage
<< l:ll S
# Site No. Site Name CII Meets
Co ~
~ ^ l!! ... 't:l ... ~ en _ VI
CII.... wE OC Tier 2 WHA
~ .c .... u .... c c w.... 1ii~ .c l!! S l!!
VI III III ~8 0 05': 05 c u~
Z Ii: z.... Z I-Q. 1-<( Zu. WI/) #1 Score ~.:i {:..:i
1 E30/31 Amazon Channel Natural/Urban R yes :yes yes yes no yes no part no yes 50-60 54.9
2 E35 West Eugene Upland Wildlife Habitat U part no yes yes no no no no no yes 59-61 32.4
Stream Corridors
E35A Stream Corridor A U no no yes yes no no no no no yes 59-61 5.6
E35 B Stream Corridor B U part no yes yes no no no no no yes 59-61 10.8
E35C Stream Corridor C U no no yes yes no no no no no yes 59-61 2.5
E35 D Stream Corridor D U no no yes yes no no no no no yes 59-61 2.0
E35 E Stream Corridor E U no no yes yes no no no no no yes 59-61 5.5
E35 F Stream Corridor F U part no yes yes no no no no no yes 59-61 4.4
E35G Stream Corridor G U no no yes yes no no no no no yes 59-61 0.8
E35 H Stream Corridor H U no no yes yes no no no no no yes 59-61 0.5
E351 Stream Corridor I U yes no yes yes no no no no no yes 59-61 0.3
3 E37 Southwest Hills Upland Wildlife U part part yes yes no no no no no yes 66-68 112.5
Habitat Stream Corridors
E37 A Stream Corridor A U no part yes yes no no no no no yes 66-68 2.6
E37 B Stream Corridor B U no part yes yes no no no no no yes 66-68 2.3
E37C Stream Corridor C U no part yes yes no no no no no yes 66-68 3.2
E37 D Stream Corridor D U no part yes yes no no no no no yes 66-68 3.0
E37 E Stream Corridor E U part part yes yes no no no no no yes 66-68 7.1
E37 F Stream Corridor F U no part yes yes no no no no no yes 66-68 0.9
E37G Stream Corridor G U no part yes yes no no no no no yes 66-68 1.2
E37 H Stream Corridor H U no part yes yes no no no no no yes 66-68 11.2
E371 Stream Corridor I U no part yes Ives no no no no no yes 66-68 2.5
E37 J Stream Corridor J U no part Iyes Iyes no no no no no yes 66-68 15.7
E37 K Stream Corridor K U no part yes yes no no no no no yes 66-68 16.9
E37L Stream Corridor L U no part yes Ives no no no no no yes 66-68 16.5
E37M Stream Corridor M U no part Iyes Iyes no no no no no yes 66-68 7.6
E37 N Stream Corridor N U no part Iyes yes no no no no no yes 66-68 1.1
E370 Stream Corridor 0 U no part Ives Ives no no no no no yes 66-68 1.7
E37 P Stream Corridor P U no part Iyes yes no no no no no yes 66-68 3.6
E37Q Stream Corridor Q U no part yes Iyes no no no no no yes 66-68 9.2
E37 R Stream Corridor R U no part Ives yes no no no no no yes 66-68 0.7
E37 S Stream Corridor S U no part yes yes no no no no no yes 66-68 5.0
E37T Stream Corridor T U no part yes yes no no no no no yes 66-68 0.6
4 E38 Laurel Hill Upland Wildlife Habitat U no no yes yes no no no no no yes 59-60 32.2
Stream Corridors
E38A Stream Corridor A U no no yes yes no no no no no yes 59-60 3.4
E38 B Stream Corridor B U no no yes yes no no no no no yes 59-60 2.1
E38C Stream Corridor C U no no yes yes no no no no no yes 59-60 11.0
E38 D Stream Corridor D U no no yes yes no no no no no yes 59-60 7.1
E38 E Stream Corridor E U no no yes yes no no no no no yes 59-60 4.2
E38 F Stream Corridor F U no no yes yes no no no no no yes 59-60 3.0
E38G Stream Corridor G U no no yes yes no no no no no yes 59-60 0.9
E38 H Stream Corridor H U no no yes yes no no no no no yes 59-60 0.5
5 E39 Glenwood Slouah Ryes no yes Iyes no no no no no yes 46-47 0.1
6 E40 Riverfront Park R part Ives yes Ives no no no part no yes 42 16.9
7 E42 Alton Baker (Riparian) Rlyes Iyes Iyes Iyes no no no Dart no yes 60-61 99.5
8 E45 Ascot Park Rlyes no Ives Ives no no no no no yes 22-23 9.3
9 E48a Beltline Drainage Channel R no Iyes Ives Iyes no no no no no yes 38 4.3
10 E48b Avres Pond/Dodson Slouah Ryes yes yes Iyes no no no part no yes 38 36.0
11 E50 Debrick Slough Ryes no yes Ives no no no part no yes 38 16.5
12 E56 River Loop NO.1 Ryes no yes Ives no no no yes no yes 38 2.3
13 E57 East Santa Clara Waterway Ryes no yes yes no no no part no yes 38 19.8
14 E58 Spring Creek R yes no Ives Ives no no no part no yes 22-23 18.0
15 E59a Flat Creek Ryes no yes yes no no no part no yes 38 16.7
16 E60 A-1 Channel Ryes no Ives yes no no no part no yes 38 22.0
17 E61 Middle Flat Creek Ryes no yes Iyes no no no part no yes 33 26.1
18 E62 NW Expressway Ponds Ryes no Ives Ives no no no part no yes 31-34 18.8
19 E64 Tanev Waterway Ryes no Iyes yes no no no no no yes 17 1.7
20 E65 Empire Pond Ryes no Ives Ives no no no no no yes 32 3.1
Page 1 of 2
Tier 1 Significance Criteria Tier 2 Criteria Acreaae
<< 01 ~
# Site No. Site Name ~ ~ Meets
~ ^ E .. - ~ en _ 1II
Gl.. wE 't:l OC Tier 2 WHA
3: .c .. u .. c c w.. i~ .c E J!l E
1II III III ~8 0 0lI.E ~.i u.2l #1 Score ~~ o u
Z ii: z.... Z 1-11. ZII.. WI/) 1-0(
21 E66 Golden Gardens (DeSoto Lake) R yes no yes yes no no no no no yes 32 5.3
22 E68 Highway 99/McDougal R yes no yes yes no no no no no yes 37-38 6.7
23 E69 Emerald Park/South Flat Creek R yes no yes yes no no no no no yes 22-23 12.6
24 E70 Beltline/A-2 Channel R yes no Iyes Iyes no no no part no yes 22-23 1.2
25 E72 Marshall Ditch R yes no yes Iyes no no no yes no yes 22-23 14.2
26 E73 County Farm Road R yes no Iyes Iyes no no no part no yes 22-23 4.8
27 E75 Goodpasture Island Slough R yes yes [yes Iyes no no no yes no yes 38 37.3
28 E76 North Gilham R no no Iyes Iyes no no no yes no yes 62 8.9
29 E78 Augusta Creek/Laurel Valley Creek R yes no Iyes Iyes no no no no no yes 42 8.2
30 E81 Lorane Hiahway Riparian R no no Iyes Iyes no no no no no yes 37 5.8
31 E83 Elliott HiIIlTugman Riparian R no no yes no no no no no no yes 57 3.2
Corridor
32 E86 Braeburn Riparian R no no Iyes Iyes no no no no no yes 39 11.9
33 E87 Willow Creek Tributaries R yes no Iyes yes no no no no no yes 51 6.3
34 E88 Bailey Hill Riparian R no no yes yes no no no no no yes 20 4.8
35 WAlWB Willamette River Ryes yes [yes yes no no yes yes no yes 64-74 453.5
*Key:
"R" = riparian corridor
"U" = upland wildlife habitat stream corridor
Total acres in riparian corridor sites:
Total acres in upland wildlife habitat stream corridor sites:
Total acres:
950.7
177.2
1127.8
Page 2 of2
In 5 t. r+ M O--p \-\ u e...
ESEE C
S
onclusions ummarv Table - Upland Wildlife Habitat Sites October 24, 2005
,- ----
PROPOSED SETBACK ESEE
SITE SUB-SITE PROTECTION (Feet from CONCLUSIONS
SITE NAME LABEL LABEL TYPE ACRES ESEE CONCLUSION LEVEL * TOBl** MAP NUMBER
West Eugene Uolands E35 E35A U 5.61 Limit conflicting uses Stream Category C 40 7
West Euaene Uolands E35 E35 B1-B2 U 4.41 Limit conflicting uses Stream Category C 40 7
West Eugene Uolands E35 E35 B-3 U 4.87 Limit conflicting uses Stream Category D 20 7
West Euaene Uolands E35 E35 B-4 U 1.50 Fully allow conflicting uses None 0
West Euaene Uolands E35 E35C U 2.46 Fully allow conflicting uses None 0
West Eugene Uolands E35 E35 D U 1.98 Fully allow conflicting uses None 0
West Euaene Uolands E35 E35 E U 5.46 Limit conflicting uses Stream Category C 40 6
West Eugene Uolands E35 E35 F U 4.38 Limit conflicting uses Stream Category C 40 7
West Euaene Uolands E35 E35G U 0.84 Fully allow conflicting uses None 0
West Eugene Uolands E35 E35 H U 0.51 Limit conflicting uses Stream Category C 40 6
West Euaene Uolands E35 E351 U 0.33 Limit conflicting uses Stream Category C 40 6
Southwest Hills E37 E37 A U 2.65 Fully allow conflicting uses None 0
Southwest Hills E37 E37 B-1 U 0.10 Fully allow conflicting uses None 0
Southwest Hills E37 E37 B-2 U 2.25 Limit conflicting uses Stream Category D 20 8
Southwest Hills E37 E37 C-1 U 2.01 Limit conflicting uses Stream Category C 40 8
Southwest Hills E37 E37 C-2 U 1.19 Limit conflicting uses Stream Category D 20 8
Southwest Hills E37 E37 D U 3.01 Limit conflicting uses Stream Category D 20 8
Southwest Hills E37 E37 E-1 U 1.40 Limit conflicting uses Stream Category C 40 8
Southwest Hills E37 E37 E-2 U 4.69 Limit conflicting uses Stream Category C 40 8
Southwest Hills E37 E37 E-3 U 0.99 Limit conflicting uses Stream Category C 40 8
Southwest Hills E37 E37 F U 0.90 Fully allow conflicting uses None 0
Southwest Hills E37 E37G U 1.18 Fully allow conflicting uses None 0
Southwest Hills E37 E37 H U 11.20 Limit conflicting uses Stream Category C 40 9
Southwest Hills E37 E37 1-1 U 1.14 Limit conflicting uses Stream Category C 40 9
Southwest Hills E37 E37 1-2 U 0.54 Limit conflictina uses Stream Category D 20 9
Southwest Hills E37 E37 1-3 U 0.78 Limit conflicting uses Stream Category C 40 9
Southwest Hills E37 E37 J-1 U 2.91 Limit conflicting uses Stream Category C 40 9
Southwest Hills E37 E37 J-2 U 2.00 Limit conflicting uses Stream Category C 40 9
Southwest Hills E37 E37 J-4 U 0.71 Fully allow conflicting uses None 0
Southwest Hills E37 E37 J-5 U 10.06 Limit conflicting uses Stream Category C 40 9
Southwest Hills E37 E37 K U 16.87 Limit conflicting uses Stream Category C 40 9
Southwest Hills E37 E37 L U 16.50 Limit conflicting uses Stream Category C 40 9
Southwest Hills E37 E37 M-1 U 5.40 Limit conflicting uses Stream Category C 40 9
Southwest Hills E37 E37 M-2 U 0.83 Fully allow conflicting uses None 0
Southwest Hills E37 E37 M-3 U 1.40 Limit conflicting uses Stream Category C 40 9
Southwest Hills E37 E37 N U 1.10 Fully allow conflicting uses None 0
Southwest Hills E37 E370 U 1.74 Limit conflicting uses Stream Category C 40 9
Southwest Hills E37 E37 P U 3.58 Limit conflictina uses Stream Category C 40 11
Southwest Hills E37 E37 Q-1 U 3.01 Limit conflicting uses Stream Category C 40 11
Southwest Hills E37 E37 Q-2 U 1.88 Limit conflicting uses Stream Category C 40 11
Southwest Hills E37 E37 Q-3 U 1.93 Limit conflicting uses Stream Category C 40 11
Southwest Hills E37 E37 Q-5 U 1.28 Fully allow conflicting uses None 0
Southwest Hills E37 E37 Q-6 U 1.12 Fully allow conflicting uses None 0
Southwest Hills E37 E37 R U 0.69 Fully allow conflictina uses None 0
Southwest Hills E37 E37 S U 5.04 Limit conflicting uses Stream Category C 40 11
Southwest Hills E37 E37T U 0.56 FullY allow conflicting uses None 0
Laurel Hill E38 E38A U 3.42 Limit conflicting uses Stream Category C 40 11
Laurel Hill E38 E38 B U 2.06 Fully allow conflicting uses None 0
Laurel Hill E38 E38C U 11.04 Limit conflicting uses Stream Category C 40 11
Laurel Hill E38 E38 D U 7.09 Limit conflicting uses Stream Category C 40 11
Laurel Hill E38 E38 E U 4.22 Fully allow conflicting uses None 0
Laurel Hill E38 E38 F U 2.98 Limit conflicting uses Stream Category C 40 11
Laurel Hill E38 E38G U 0.89 Fullv allow conflictina uses None 0
Laurel Hill E38 E38 H U 0.51 Fully allow conflicting uses None 0
'Stream categories are from the draft IWR Water Resources Conservation Overlay Zone
"Setback distances are measured from top of bank (TOB)
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Goal 5 Water Resources Conservation Plan, Section IV, Map 9
Eugene Goal 5 ESEE Conclusions
Protected GoalS Resources October 24.2005
~ Eugene Urban Growth Boundary 0 Wetiand Designated for Protection
o Eugene City Limits . Riparian Corridor Designated for Protection
Taxlots . Upland WildlWe Habitat Designated for Protection
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Exhibit B to Ordinance No. [1]
Conflicting Uses and ESEE Analysis
This exhibit, not fully reproduced here, is the same as it appeared in the City Council's
September 21,2005 packet at pages 86-558, except as follows:
1. Council Packet page 66 in the September 21, 2005 packet, "ESEE Conclusions Summary
Table - Upland Wildlife Habitat Sites, 9/1/05," is replaced by the table titled "ESEE
Conclusions Summary Table - Upland Wildlife Habitat Sites, October 24, 2005," attached.
2. Council Packet pages 370-391 in the September 21,2005 packet, "Supplemental Analysis:
Portions of South Hills Upland Stream Corridors at Upper Amazon (Owl Road to Dillard) &
Portions of Upper Amazon Wetlands," are replaced by October 24,2005 replacement pages
1-21 including Maps 17 A and 17B, dated October 24, 2005, attached.
Only replacement pages are attached hereto.
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10/24/05
17. Supplemental Analysis
Portions of South Hills Upland Stream Corridors at Upper Amazon (Owl
Road to Dillard) & Portions of Upper Amazon Wetlands
Sites E37 H (S Hills at Upper Owl Road); E371 (S Hills at St. Clair Lane); E37J
(S Hills at Lower Owl Road/Fox Hollow); E37K (S Hills at Canyon DriveIFox
Hollow), E37L (S Hills at Center Way); E37M (S Hills at Dillard); AMA-13
(Owl Road wetland)
Sections 1 through 5 in this document contain analyses of Impact Areas, Conflicting Uses,
ESEE Consequences, and Recommendations that apply to these sites and every Goal 5 site.
Section 6 addresses consistency with statewide goals and acknowledged Plan requirements
for each Goal 5 site. Sections 7 through 24 contain additional analyses that are site-specific.
To facilitate the analysis of ESEE consequences, the OARs allow local governments to
"conduct a single analysis for two or more resource sites that are within the same area or that
are similarly situated and subject to the same zoning" (OAR 660-023-0040(4)). The local
government may also conduct a single analysis for a site containing more than one significant
Goal 5 resource. Eugene's Goal 5 Inventory contains 122 resource sites, which are divided
into 331 sub-sites for the purposes of this analysis (31 significant riparian sites divided into
121 riparian subsites; 3 significant upland wildlife habitat sites, divided into 52 upland
subsites; 78 significant wetland sites divided into 158 wetland subsites). For the ESEE
discussion and analyses, these sites and sub sites are organized into 18 analysis groups based
on similar physical characteristics, location, surrounding land uses and zoning, and other
characteristics. A group of sites may consist of different sites that are the same type of
resource (e.g. all wetlands) and located in the same vicinity, or, a group may consist of
different resource types (e.g. riparian corridor, upland stream habitat, and a wetland) all
located along the same stream, or in the same geographic area.
The sites discussed below are being considered together in the ESEE analysis because of
similarities in physical characteristics, zoning/surrounding land uses, and location. Table
17.1 below lists the sites in this analysis group, their resource category and acreage. Map
17.A below shows the site(s) described in this analysis group.
ESEE Analysis
Page 1
October 24, 2005 replacement page
E37 J-1
E37 J-2
AMA-13
E37 J-4
E37 J-5
S Hills at Lower Owl Road south
S Hills at Lower Owl Road north
Owl Road wetland
S Hills at Fox Hollow ditch
S Hills at Donald/Fox Hollow
E37 M-1 S Hills at Dillard Hollow 5.40 All
E37 M-2 S Hills at Dillard ditch 0.83 All
E37 M-3 S Hills at Dillard u er U 1.40 All
* Resource Type: R = Riparian; U = Upland Wildlife Habitat Stream Corridor;
W = Locally Significant Wetland
** Inside City Limits: Approximate proportion of site within city limits
ESEE Analysis
Page 2
October 24, 2005 replacement page
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Site Boundaries Map 17A
Significant Goal 5 ESEE Analysis Group 17 October 24,2005
Significant Goal 5 Site Boundaries for Portions of South Hills Upland Stream Corridors at Upper Amazon
(Owl Road to Dillard & Upper Amazon Wetlands) N
~ Eugene Urban Growth Boundary o Locally Significant Wetland A
10 Eugene City Limits Riparian Corridor
'..' Taxlots . Upland Wildlife Habitat Fee
0 325 650 975
17.1 Site Description(s)
Sites E37 H (S Hills at Upper Owl Road); E371 (S Hills at St. Clair Lane); E37J (S Hills
at Lower Owl Road/Fox Hollow); E37K (S Hills at Canyon Drive/Fox Hollow), E37L (S
Hills at Center Way); E37M (S Hills at Dillard); AMA-13 (Owl Road wetland)
The sites in this analysis group are located within the south hills of Eugene, east of
Willamette Street and west of Dillard Road. These stream corridors are remnants of a mixed
deciduous/ coniferous forest of Douglas-fir, Oregon white oak, ponderosa pine, bigleafmaple
and Oregon ash. Structural and species diversity are generally high in most of these sites.
These corridors are generally characterized by steep stream gradients and/or steep
surrounding topography.
(1) South Hills at Upper Owl Road (E37H):
This stream corridor (E37 H) begins at upper Owl Road, carries water from the steep
surrounding slopes down to Donald Street. The majority of this site is located within
the City-owned Spencer Butte natural area, part of the Ridgeline park system. The
lower end of the site runs through land owned by the Huntington Heights Homeowners
Association and the W oodridge Homeowners Association, and meets the end of
Huntington Avenue. Most of the area surrounding the site is undeveloped. This is one
of the more intact riparian corridors in the Inventory. The corridor has high species
and structural diversity, and is dominated by native species, including Oregon ash,
Douglas fir, vine maple, occasional black cottonwood, and native understory, such as
osoberry and sword fern. The length of the corridor, and the fact that it abuts habitat
preserve areas (Ridgeline Trail parcels), greatly enhance its value as habitat, and as a
wildlife corridor from the ridge to lower elevation habitats. The site provides important
habitat for amphibians and the more common resident and migrant songbird and
mammal species.
(2) South Hills at St. Clair Lane (E37I):
This site (E37 I) drops down from Fox Hollow Road following St. Clair Lane, and ends
at the Fox Hollow Elementary School property. The upper portion of the site (E37 I-I)
has been disturbed by driveway crossings and clearing of vegetation, but retains most of
its riparian attributes, including a dense overstory of Oregon ash, bigleaf maple, and
Douglas-fir. A small area at the upper end of the site supports wetland plants such as
bulrush, indicating that the site has some wetland functions, though it was not mapped
on the Local Wetland Inventory. The middle portion of the site (E37 1-2),
approximately 230 feet long, has lost most of its riparian vegetation due to previous
clearing by the property owner. The riparian corridor here is only 2-3 feet wide,
constrained by a retaining wall and adjacent home on one side, and a pasture created by
extensive fill on the other side. In addition, the steep slopes characterizing the other
portions of the stream corridor are not present along this section. Because of these
characteristics, the quality of the middle section of Site E37I is markedly lower than
that of the upper and lower reaches of the stream. At the lower end of the site near Fox
Hollow Elementary School (E37 1-3), the corridor contains a greater mix of riparian and
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upland species, including filbert, Oregon oak, and some old growth Douglas-fir. Much
of the corridor has a steep gradient and steep side slopes, making the corridor valuable
for preventing water quality impacts from erosion in downstream portions of Amazon
Creek. At the end of Mahalo Drive, the creek enters the piped stormwater system that
empties into Amazon Creek.
(3) South Hills at Owl Road/Fox Hollow (E37J, AMA-13):
(a) South Hills at Lower Owl Road (E37 J-l, E37 J-2);
Owl Road wetland (AMA-13); South Hills at Donald/Fox Hollow (E37 J-5):
This group of sites (E37 J-l, E37 J-2, E37 J-5, AMA-13,) contains segments of one of
the most extensive stream corridors in the South Hills, and forms one of the main
headwater tributaries to Amazon Creek. The stream begins halfway up the steep north
slope of Spencer's Butte (outside the UGB), drops down through a forest of primarily
native Oregon ash and Oregon oak, and follows Owl Road down to Fox Hollow.
Across Fox Hollow, the stream continues through the common area of Wood leaf
Village (a non-Goal 5 segment), turns east near Donald Street through open fields and
the BP A powerline easement. Here the corridor has been heavily cleared, and
Armenian blackberry is rampant; however, the channel, which shows signs that it
carries significant flow, is lined with thickets of native willow and spiraea. At the lower
end of the powerline easement, the stream drops down the forested slope to join
Amazon Creek at Martin Street. The eastern reach of this site starts at the upper end of
Amazon Drive, flows across the BPA powerline easement, and drops down through a
forested area to Martin Street. Portions of this corridor have been highly disturbed by
logging, grazing and other impacts, such as the area at the Owl Road/Fox Hollow
intersection, and the open area through the BP A easement. However, disturbed areas in
the corridor generally have retained some riparian habitat, such as scattered native trees
or thickets of willow. The majority ofthe corridor has a relatively intact riparian area of
predominately native species, such as Oregon ash, bigleafmaple, Douglas fir, spiraea,
an occasional black cottonwood, and willow. Closer to Amazon Creek, the corridor
shows a greater mix of riparian and upland plant species. This group of sites is
characterized by steep stream gradients and steep surrounding slopes, so it plays an
important role in protecting the water quality in the Amazon Creek basin from erosion.
From Spencer's Butte down to Amazon Creek, this corridor provides a nearly 2 mile
long wildlife corridor that connects habitats in the Ridgeline Trail preserve to habitat in
Amazon Creek on the valley floor.
(b) Owl Road wetland:
Wetland AMA-13 is located at the base of Spencer's Butte on along Owl Road. It
occurs within and adjacent to the stream corridor that runs along the south side Owl
Road. Water from this wetland and the stream meets Fox Hollow Road, flows in an
open channel along Fox Hollow Road for a short distance, and then joins the main
stream corridor. This wetland area contributes to the habitat diversity of this stream
system, and is one of only two wetlands mapped in the South Hills.
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(c) South Hills at Fox Hollow ditch:
This portion of the South Hills site (E37J-4) is a very narrow drainage channel that runs
for a short distance along Fox Hollow Road near Owl Road. The channel contains
virtually no riparian vegetation, and functions essentially as a roadside drainage ditch.
(4) South Hills at Canyon DriveIFox Hollow (E37K); and
(5) South Hills at Center Way (E37L):
These two stream corridors (E37K and E37L) are both extensive corridors that extend
from near the ridgeline down habitat areas at Amazon Creek, and, in addition to site E37J,
form the primary headwaters of Amazon Creek. Site E37K is comprised of three stream
reaches that flow through the forested areas of the Ridgeline Trail park system. The
stream starts in a forested area above 1,000 feet, flows past Fox Hollow near the UGB,
and continues down to Martin Street and Kinney Park at the Amazon. Portions of the site
have been thinned or narrowed by adjacent development, such as at upper Amazon Drive.
However, overall, the corridor is relatively intact. Native species are dominant, including
Oregon ash, Douglas-fir and willow. This corridor is located almost entirely within City-
owned Ridgeline Trail park land. Near Canyon Drive and Martin Street, the stream (a
non-GoalS portion) enters a narrow channel that flows very close to houses and garages,
with predominately native riparian species. The stream at Center Way (E37L) is located
mostly on Ridgeline Trail park land. It begins near upper Dillard Road, and is comprised
of three stream reaches that flow down steep slopes through a mixed deciduous/conifer
forest, to the end of Center Way and the BPA powerline easement, where they enter a
pipe. There are portions of the corridor, such as those near the BPA easement, where
invasive species such as Armenian blackberry are prevalent. However, the corridor
contains primarily native species, such as Oregon ash, big leaf maple ponderosa pine,
willow, and red-osier dogwood. These sites are valuable for their diversity of plant
species, including both riparian and upland species, and structural diversity
(trees/shrubs/groundcover layers), making the sites valuable for a variety of wildlife
species. Like other stream corridors within the South Hills, these two sites are
characterized by steep stream gradients and steep surrounding topography, giving them a
valuable role in water quality moderation within the Amazon basin.
(6) South Hills at Dillard (E37M):
(a) South Hills at Dillard Hollow:
This site (E37M-1, M-3) is one of the most pristine riparian corridors the Inventory.
Unlike many other sites, this stream corridor is virtually free of non-native species. The
site is actually two tributary streams that flow from near Dillard Road down a steep,
forested slope and join just east of Nectar Way. The upper portion of the creek (E37M-
3) starts above a "hairpin turn" on Dillard Road within the City-owned Amazon
Headwaters Park, a part of the extensive Ridgeline Trail park system. The stream
continues northwest (E37M-1) to Nectar Way, where it is joined by the other tributary.
The site is a corridor of mixed deciduous/coniferous forest of native species, including
Oregon ash, bigleafmaple, and Douglas-fir. Near the bottom of the slope, the streams
join and flatten out into a low depressional broadleaf wetland area, consisting of ash,
willow, and native understory. Although this portion of the site was not mapped as
locally significant wetland, it exhibits wetland characteristics, such as wetland plant
species. In addition to a very high quality riparian plant community, the site provides a
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wildlife corridor between the large protected habitat areas in the extensive Ridgeline
Trail park system and habitats at lower elevations.
(b) South Hills at Dillard ditch:
Across Dillard Road, and not connected to the Dillard Hollow stream, is a very narrow
drainage channel (E37M-2). It collects drainage from the slope above, flowing along
Dillard Road for a short distance below the Hunters Glen development. The channel
contains virtually no riparian vegetation, and functions essentially as a roadside ditch.
Land uses within the sites in this analysis group are primarily single family residential. A
small portion of the St. Clair Lane stream (E37 I) is located in an undeveloped area of a
school site. Approximately 40% of this site as a whole is located within the City-owned
Ridgeline Trail park system, which is managed as a natural area. Five of the six sites within
this analysis group are crossed by the Bonneville Power Administration powerline easement.
The uppermost ends of several stream corridors are just outside of city-limits. The short ditch
at Fox Hollow (E37J-4), and approximately 1,000 feet of upper portion ofE37K, are located
entirely outside of city limits. The remaining sites in this analysis group are within city-
limits.
17.2 Impact Area
Sites E37 H (S Hills at Upper Owl Road); E371 (S Hills at St. Clair Lane); E37J (S Hills
at Lower Owl Road/Fox Hollow); E37K (S Hills at Canyon Drive/Fox Hollow), E37L (S
Hills at Center Way); E37M (S Hills at Dillard); AMA-13 (Owl Road wetland)
OAR 660-023-0040(3) requires local governments to establish an impact area for each site.
This impact area is based upon: 1) surrounding allowed uses; and 2) potentially adverse
effects of those uses. The impact area for riparian and upland wildlife habitat sites is
measured from the top of bank and includes any riparian vegetation within the mapped site
boundary that extends beyond the measured distance. The impact area for wetlands is
measured from the wetland boundary. The factors considered in establishing the impact areas
for this site, and how the impact area is measured, are discussed in more detail in Sections 2.4
and 2.5, Impact Areas. Table 17.2 below lists the impact areas assigned to these Goal 5 sites.
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Table 17.2 Impact Area Summary: Portions of South Hills Upland Stream Corridors at
Upper Amazon (Owl Road to Dillard) & U er Amazon Wetlands
Sitel
Sub-Site #
E37 H
S Hills at St. Clair Lane
S Hills at St. Clair Lane
S Hills at St. Clair Lane
Site Name
E37 1-1
E37 1-2
E37 1-3
E37 J-1
E37 J-2
AMA-13
E37 J-4
E37 J-5
S Hills at Lower Owl Road south
S Hills at Lower Owl Road north
Owl Road wetland
S Hills at Fox Hollow ditch
S Hills at Donald/Fox Hollow
Type C - 50' + mapped riparian vegetation
Type C - 50' + mapped riparian vegetation
Type D - 25'
Type C - 50' + mapped riparian vegetation
Type C - 50' + mapped riparian vegetation
S Hills at Dillard Hollow Type C - 50' + mapped riparian vegetation
S Hills at Dillard ditch Type C - 50' + mapped riparian vegetation
S Hills at Dillard upper Type C - 50' + mapped riparian vegetation
* The impact area for riparian sites is measured from the top of bank and includes any riparian
vegetation within the mapped site boundary that extends beyond the measured distance. The
impact area for wetlands is measured from the wetland boundary. (See Section 2, Impact Area).
17.3 Conflicting uses
Sites E37 H (S Hills at Upper Owl Road); E37I (S Hills at St. Clair Lane); E37J (S Hills at
Lower Owl Road/Fox Hollow); E37K (S Hills at Canyon Drive/Fox Hollow), E37L
(S Hills at Center Way); E37M (S Hills at Dillard); AMA-13 (Owl Road wetland)
OAR 660-023-0010 (1) and 660-023-0040 (2) require local governments to identify
"conflicting uses" that could adversely affect a significant Goal 5 resource site. To identify
these uses, local governments are required to evaluate land uses allowed outright or
conditionally within the zones applied to the resource site and in its impact area. Section 3,
Conflicting Uses, lists all of the zoning districts that might cross or abut the impact areas of the
above sites, and describes in further detail those zones and the land uses that are allowed in
each zone. This section summarizes that analysis. (Note: The term "Low Density Residential"
means single family residential (R-l and R-2); "High Density Residential" means R-3 and
above; "Commercial" includes commercial zones C-l, C-2) and office zones (GO); and the
term "Industrial" includes the two industrial zones that occur in Goal 5 sites (1-2 and 1-3).
The land within the impact areas of these sites is zoned primarily Low Density Residential
(LDR). A very small percentage of the group, where sites cross the UGB line, has Agricultural
(AG) zoning. One small area of a site is zoned Public Land (PL). In the conflicting use
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analysis in Section 3, Conflicting Uses, Low Density Residential, Agricultural and Public Land
uses are determined to be conflicting uses for riparian corridors and wetlands. Table 17.3
below lists the zoning designations (i.e., potential conflicting uses) for the above sites and site
sub-sections.
Ownership**
S Hills at St. Clair Lane
S Hills at St. Clair Lane
S Hills at St. Clair Lane
E37 J-1
E37 J-2
AMA-13
E37 J-4
E37 J-5
S Hills at Lower Owl Road south
S Hills at Lower Owl Road north
Owl Road wetland
S Hills at Fox Hollow ditch
S Hills at Donald/Fox Hollow
AG
Public
Private
Private, public (R.O.W.)
Private, public (R.O.W.)
Private
E37 M-1 S Hills at Dillard Hollow LDR Private
E37 M-2 S Hills at Dillard ditch LDR Private
E37 M-3 S Hills at Dillard upper LDR Public, private
Primary zoning = Zoning district of at least 51 % of site; Secondary zoning = zoning district within most
of remaining site area. See Section 3, Conflicting Uses for definitions.
** Where both public and private are listed, the higher proportion is in the ownership category listed first.
*
17.4 ESEE Consequences Analysis
Sites E37 H (S Hills at Upper Owl Road); E371 (S Hills at S1. Clair Lane); E37J (S Hills
at Lower Owl RoadlFox Hollow); E37K (S Hills at Canyon DriveIFox Hollow), E37L (S
Hills at Center Way); E37M (S Hills at Dillard); AMA-13 (Owl Road wetland)
OAR 660-023-0040 (2) and 660-023-0040(4) require local governments to analyze the
"positive and negative economic, social, environmental and energy (ESEE) consequences of
allowing, limiting or prohibiting conflicting uses within a resource site." "Conflicting uses"
are those uses that could adversely affect a significant Goal 5 resource site. Conflicting uses
for these sites, and the potential adverse effects of those uses, are discussed in further detail
in Section 17.3 Conflicting Uses, above. The relationship between the quality of the resource
and the magnitude of ESEE consequences (economic, social, environmental, and energy
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consequences) is discussed in further detail in Section 4, ESEE Consequences and Section
4.1, Key Resource Characteristics. This section summarizes these various analyses for each
of the above sites.
17.4.1 Key Resource Characteristics
As discussed in Section 4.1, Key Resource Characteristics, the degree to which there are
positive or negative consequences of allowing, limiting, or prohibiting conflicting uses,
depends in part on the relative quality of the resource site. Relative resource quality can be
indicated in part through "key resource characteristics." Resource characteristics that were
evaluated for the above sites are given in Table 17.4.1 below. Some of these characteristics
are further discussed below and in Section 17.1, Site Descriptions.
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17.4.2 ESEE Consequences of Fully Allowing/Limiting/Prohibiting Conflicting Uses
ESEE consequences (economic, social, environmental, and energy consequences) are discussed
in further detail in Section 4, ESEE Consequences. This section summarizes the ESEE
consequences analyses for each of the above sites. For reference, consequences discussed in the
text in Section 4 are labeled with a paragraph number. For each site and sub-site, Table 17.4.2
below list the paragraph number of applicable ESEE consequences.
Table 17.4.2 ESEE Consequences Analysis: Portions of South Hills Upland Stream Corridors
at U er Amazon (Owl Road to Dillard) & U er Amazon Wetlands
Site/Sub-Site # Applicable ESEE Consequences discussed in Section 4 (paragraph
number
FULL Y ALLOWING CONFLICTING USES
Economic Social Environmental
(Section 4.2.1) (Section 4.2.2) (Section 4.2.3)
4.2.1 A, 4.2.18, 4.2.2A, 4.2.28, 4.2.3A, 4.2.38,
4.2.1 C, 4.2.1 D 4.2.2C, 4.2.2D, 4.2.3C, 4.2.3D,
4.2.1 E, 4.2.1 F, 4.2.2E, 4.2.2F, 4.2.5A
4.2.1 G, 4.2.1 H, 4.2.2G, 4.2.5A
4.2.1I,4.2.1J,
4.2.1 K, 4.2.1 L,
4.2.5A
E37J-1 S Hills at Lower Owl
Road south*
E37 J-2 S Hills at Lower Owl
Road north*
AMA-13 Owl Road wetland*
E37 J-4 S Hills at Fox Hollow
ditch**
E37 J-5 S Hills at Donald/Fox
Hollow*
E37M-1 S Hills at Dillard
Hollow*
E37M-2 S Hills at Dillard
ditch**
E37M-3 S Hills at Dillard
u er*
*Note: References to higher
quality sites apply.
**Note: References to lower
quality sites apply.
ESEE Analysis
LIMITING CONFLICTING USES
Economic Social
Section 4.3.1 Section 4.3.2
4.3.1A, 4.3.1.8, 4.3.2A, 4.3.28,
4.3.1C,4.3.1D, 4.3.2C,4.3.2D,
4.3.1 E, 4.3.1 F, 4.3.2E, 4.3.2F,
4.3.1G,4.3.1H, 4.3.5A
4.3.11, 4.3.1 J,
4.3.1 K, 4.3.1 L,
4.3.5A
Environmental
Section 4.3.3
4.3.3A, 4.3.38,
4.3.3C, 4.3.3D,
4.3.3E, 4.3.5A
PROHIBITING CONFLICTING USES
Economic Social Environmental
Section 4.4.1 Section 4.4.2 Section 4.4.3
4.4.1 A, 4.4.18, 4.4.2A, 4.4.28, 4.4.3A, 4.4.38,
4.4.1 C, 4.4.1 D, 4.4.2C, 4.4.2D, 4.4.3C, 4.4.3D,
4.4.1 E, 4.4.1 F, 4.4.2E, 4.4.5A 4.4.5A
4.4.1 G, 4.4.1 H,
4.4.11, 4.4.1 J,
4.4.1 K, 4.4.5A
Page 12
Energy
(Section 4.2.4)
4.2.4A, 4.2.48,
4.2.4C, 4.2.5A
Energy
Section 4.3.4
4.3.4A, 4.3.48,
4.3.4C, 4.3.5A
Energy
Section 4.4.4
4.4.4A, 4.4.48,
4.4.4C, 4.4.5A
October 24, 2005 replacement page
17.5 ESEE Conclusions and Recommendations
Sites E37 H (S Hills at Upper Owl Road); E371 (S Hills at St. Clair Lane); E37J (S Hills at
Lower Owl Road/Fox Hollow); E37K (S Hills at Canyon Drive/Fox Hollow), E37L (S Hills at
Center Way); E37M (S Hills at Dillard); AMA-13 (Owl Road wetland)
17.5.1 Conclusions and Recommendations on Allowing/Limiting/Prohibiting Uses
The OARs require local governments to determine whether to allow, limit, or prohibit identified
conflicting uses for Goal 5 resource sites, based on the ESEE analysis. 660-023-0040 (5). A local
government may decide that: 1) a site is of such importance that conflicting uses should be
prohibited; or 2) that both the resource site and the conflicting uses are important relative to each
other and, therefore, conflicting uses should be allowed in a limited way; or that 3) conflicting uses
should be allowed fully. This section summarizes the conclusions and recommendations on the
above sites. Additional conclusions and recommendations for the above sites are contained in
Section 5, Conclusions and Recommendations.
(I) South Hills at Upper Owl Road (E37H):
Limiting conflicting uses recommended. Based on key resource characteristics, this site (E37H)
is a relatively higher quality site. The riparian area is relatively intact, with primarily native
species, and high vegetative and structural diversity. The steepness of the riparian area also makes
it valuable for erosion control and protection of downstream water quality. The three segments of
the stream make the site relatively lengthy, but it is no longer a continuous habitat to the Amazon.
Based on these resource characteristics and the ESEE analysis above, limiting most conflicting
uses is recommended for this site. The resource values provided by the site are more important to
the community as a whole, than the conflicting uses that would occur here. The negative
economic, social, environmental and energy consequences of fully allowing conflicting uses within
these sites outweigh the positive consequences. The positive economic, social, environmental and
energy consequences of prohibiting conflicting uses within this site outweigh the negative
consequences. However, limiting most conflicting uses would adequately protect the resource
while allowing for some uses with minimal impacts to the resource. Therefore, the positive
economic, social, environmental and energy consequences of limiting conflicting uses within these
sites outweigh the negative. The positive economic, social, environmental and energy
consequences of limiting conflicting uses outweigh the positive consequences that would result if
all conflicting uses were prohibited. Therefore, limiting conflicting uses is recommended for these
sites.
(2) South Hills at St. Clair Lane (E371-1, 1-2, 1-3):
Limiting conflicting uses recommended. Although portions of the riparian area in this site (E37
I) have been disturbed by clearing and driveways, it provides viable riparian habitat, including a
canopy of native trees, a moderately intact riparian understory. The steepness of the surrounding
slopes also makes this riparian area valuable for protecting downstream water quality in Amazon
Creek from sedimentation. The site by itself is not lengthy, but it ends approximately 2 blocks
from Amazon Creek, where the undeveloped portion of the school property extends down to the
creek. Based on these key resource characteristics, Site E37I is a relatively higher quality site.
Based on these factors, and the ESEE analysis above, the importance of the site is greater than the
ESEE Analysis
Page 13
October 24, 2005 replacement page
conflicting uses that would otherwise occur in the corridor. Due to previous clearing and extensive
fill, and its relatively flat gradient and surrounding terrain, the middle portion of the site, E37 1-2,
does not have habitat values as high as other portions of the site. In addition, the channel has been
confined to a narrow 2-3-foot corridor by the placement of a large volume offill and adjacent
retaining wall, resulting in relatively few existing constraints to development compared to other
portions of Site E37 I, and compared to other stream corridors in the South Hills. For this reason,
the economic values for this segment (E37 1-2) are somewhat higher in relation to the resource
values than for other portions of this site and other similar sites. Nonetheless, for the site as a
whole, the negative economic, social, environmental and energy consequences offully allowing
conflicting uses outweigh the positive consequences. The positive economic, social,
environmental and energy consequences of prohibiting conflicting uses within all portions of the
site outweigh the negative consequences. However, limiting most conflicting uses would
adequately protect the resource while allowing for some uses with minimal impacts to the
resource. Therefore, the positive economic, social, environmental and energy consequences of
limiting conflicting uses within the site outweigh the negative. The positive economic, social,
environmental and energy consequences of limiting conflicting uses outweigh the positive
consequences that would result if all conflicting uses were prohibited. Therefore, limiting
conflicting uses is recommended for this site.
(3) South Hills at Owl Road/Fox Hollow (E37J, AMA-13):
(a) South Hills at Lower Owl Road (E37 J-l, E37 J-2); South Hills at
Donald/Fox Hollow (E37J-5);
(b) Owl Road wetland (AMA-13):
Limiting conflicting uses recommended. Key resource characteristics for the sites in this
stream corridor (E37 J-1, E37 J-2, J-5, AMA-13) indicate that these sites are higher-quality
sites. The group has high connectivity and comprises one of the most extensive stream corridors
in the South Hills, connecting wildlife habitat at Spencer's Butte and the extensive Ridgeline
Trail park system to Amazon Creek almost 2 miles away. Although portions of this corridor
have been highly disturbed by logging, grazing and powerline clearing, the corridor still
provides a relatively continuous corridor of habitat with predominately native plant species. The
steep slopes of the stream and the surrounding area increase the value of the riparian area for
protecting downstream areas from erosion and water quality degradation. Wetland AMA-13, as
part of this riparian habitat complex, is a medium- to higher quality site. Based on these
resource characteristics, and the ESEE analysis above, the resource value of these sites is more
important to the community at large than the conflicting uses that would occur within these
corridors. The negative economic, social, environmental and energy consequences offully
allowing conflicting uses within these sites outweigh the positive consequences. The positive
economic, social, environmental and energy consequences of prohibiting conflicting uses within
these sites outweigh the negative consequences. However, limiting most conflicting uses would
adequately protect the resource while allowing for some uses with minimal impacts to the
resource. Therefore, the positive economic, social, environmental and energy consequences of
limiting conflicting uses within these sites outweigh the negative. The positive economic, social,
environmental and energy consequences of limiting conflicting uses outweigh the positive
consequences that would result if all conflicting uses were prohibited. Therefore, limiting
conflicting uses is recommended for these sites.
ESEE Analysis
Page 14
October 24, 2005 replacement page
(c) South Hills at Fox Hollow ditch (E37 J-4):
Fully allowing conflicting uses recommended. This portion of the South Hills complex
(E37J-4) is a short, narrow drainage channel with virtually no riparian vegetation. From these
resource characteristics, it is evident that this segment is a lower quality site. Based on that, and
the ESEE analysis above, fully allowing conflicting uses is recommended for this site. For this
lower quality site, the positive consequences of protecting the resource are not great enough to
outweigh the negative consequences of prohibiting or limiting conflicting uses. Conflicting uses
that would be allowed in this site are more important than its lower resource values.
(4) South Hills at Canyon Drive/Fox Hollow (E37K); and
(5) South Hills at Center Way (E37L):
Limiting conflicting uses recommended. These stream corridors (E37K and E37L) have
resource characteristics that make them higher quality sites. Although portions of the sites have
been thinned or constricted by adjacent development, and have open areas where invasive species
are established, the riparian habitat in these corridors is still relatively intact Overall, they are
dominated by primarily native species, and have a moderately high diversity of riparian and upland
plants. The steep slopes of the stream and the surrounding area increase the value of the riparian
area for protecting downstream areas from erosion and water quality degradation. These sites are
also valuable for their connectivity, as they connect the higher forested areas of the Ridgeline Trail
park system to lower elevation habitats. Based on these key resource characteristics, and the ESEE
analysis above, limiting most conflicting uses is recommended for these sites. The resource values
provided by these sites are more important to the broader community, than the conflicting uses that
would occur here. The negative economic, social, environmental and energy consequences offully
allowing conflicting uses within these sites outweigh the positive consequences. The positive
economic, social, environmental and energy consequences of prohibiting conflicting uses within
these sites outweigh the negative consequences. However, limiting most conflicting uses would
adequately protect the resource while allowing for some uses with minimal impacts to the
resource. Therefore, the positive economic, social, environmental and energy consequences of
limiting conflicting uses within these sites outweigh the negative. The positive economic, social,
environmental and energy consequences of limiting conflicting uses outweigh the positive
consequences that would result if all conflicting uses were prohibited. Therefore, limiting
conflicting uses is recommended for these sites.
(6) South Hills at Dillard:
(a) South Hills at Dillard Hollow:
Limiting conflicting uses recommended. This site (E37M-l, M-3) is one of the most intact
stream corridors the South Hills. The riparian area is dominated by native plants, including
riparian, upland, and wetland plant species, and has high structural (tree/shrub/groundcover
layers) diversity. In addition to having a high quality riparian plant community, the site has high
connectivity, providing a wildlife corridor between the extensive Ridgeline Trail park system
and habitats at lower elevations. Therefore this site is a higher quality site. Based on these key
resource characteristics and the ESEE analysis above, this site is more important to the broader
community than the conflicting uses that would occur within the two reaches of this stream.
The negative economic, social, environmental and energy consequences offully allowing
conflicting uses within this site outweigh the positive consequences. The positive economic,
social, environmental and energy consequences of prohibiting conflicting uses within these sites
outweigh the negative consequences. However, limiting most conflicting uses would adequately
ESEE Analysis
Page 15
October 24,2005 replacement page
protect the resource while allowing for some uses with minimal impacts to the resource.
Therefore, the positive economic, social, environmental and energy consequences of limiting
conflicting uses within these sites outweigh the negative. The positive economic, social,
environmental and energy consequences of limiting conflicting uses outweigh the positive
consequences that would result if all conflicting uses were prohibited. Therefore, limiting
conflicting uses is recommended for these sites.
(b) South Hills at Dillard ditch:
Fully allowing conflicting uses recommended. This portion of the South Hills site (E37M-2)
is a lower quality site, as indicated by its key resource characteristics. It is a short, narrow
drainage channel that contains virtually no riparian vegetation, and functions essentially as a
roadside ditch. Based on that, and the ESEE analysis above, fully allowing conflicting uses is
recommended for these sites. For this lower quality site, the positive consequences of protecting
the resource are not great enough to outweigh the negative consequences of prohibiting or
limiting conflicting uses. Conflicting uses that would be allowed in this site are more important
than its lower resource values.
17.5.2 Recommended Conservation Measures (GoalS Program)
The OARs require local governments to "develop a program to achieve Goal 5" (660-023-0040
(5)), which must include some action (e.g. adopted land use regulations, zoning standards,
acquisition, etc.) to protect sites where conflicting uses will be prohibited or limited (660-023-
0010(6)). Additional conclusions and recommendations for the above sites are contained in
Section 5, Conclusions and Recommendations. Table 17.5.2 below and Map 17.B summarize
the recommendations for these sites.
(1) South Hills at Upper Owl Road (E37H):
Conservation setback of 40 feet recommended. As discussed above, this site (E37H) is
recommended for protection. The conservation measure proposed for this site is the /WR
Water Resources Conservation Overlay Zone (/WR overlay zone). This riparian site is
recommended to be designated a Category C Stream. This recommendation is based on the
ESEE analysis above, and on these factors: (1) the quality of riparian habitat, (2) high
connectivity values, and (3) the presence of steep channel gradients and steep surrounding
slopes which make this site more vulnerable to channel erosion, and makes it more
important for protecting downstream water quality from sedimentation. For riparian and
upland wildlife habitat sites designated Category C Streams, the conservation area includes
the area within the resource site boundary, plus the area within a conservation setback of
40 feet measured from the top of bank of the stream. Within this conservation area, the
/WR overlay zone restricts new development, removal of riparian vegetation, and other
conflicting uses.
(2) South Hills at St. Clair Lane (E37I):
(a) South Hills at St. Clair Lane upper portion (E371-1) and
(b) South Hills at St. Clair Lane lower portion (E371-3):
Conservation setback of 40 feet recommended. As discussed above, all of Site E37I is
recommended for protection. The conservation measure proposed for E37I-1 and E37I-3 is
the /WR Water Resources Conservation Overlay Zone (/WR overlay zone). These
ESEE Analysis
Page 16
October 24, 2005 replacement page
segments of this riparian site are recommended to be designated a Category C Stream. This
recommendation is based on the ESEE analysis above, and on these factors: (I) the quality
of riparian habitat, (2) medium connectivity values, and (3) the presence of steep channel
gradients and steep surrounding slopes which make this site more vulnerable to channel
erosion, and makes it more important for protecting downstream water quality from
sedimentation. For riparian and upland wildlife habitat sites designated Category C
Streams, the conservation area includes the area within the resource site boundary, plus the
area within a conservation setback of 40 feet measured from the top of bank of the stream.
Within this conservation area, the /WR overlay zone restricts new development, removal of
riparian vegetation, and other conflicting uses.
(c) South Hills at St. Clair Lane middle portion (E37I-2):
Conservation setback of 20 feet recommended. All of Site E37I is recommended for
protection. However, as discussed above, this middle section of the riparian corridor
(E37I-2) has somewhat lower habitat value and greater economic constraints than the upper
and lower portions of the site (E37I-1 and E37I-3). This middle section, almost one-fourth
of the E37I site, has very little riparian vegetation, and is a narrow corridor only 2-3 feet
wide, constrained by a retaining wall and extensive fill. In addition, the corridor here is
nearly flat. However, three-fourths of Site E37I contain high quality riparian habitat, the
lower portion has steep slopes, and the waterway provides important water quality
functions for Amazon Creek. Therefore, it is important to protect the hydrologic functions
of this middle section, in order to maintain the viability of upstream and downstream
habitat. The conservation measure proposed for E37I-2 is the /WR Water Resources
Conservation Overlay Zone (/WR overlay zone). This portion of the site is recommended
to be designated a Category D Stream. This recommendation is based on the ESEE analysis
above, and on these factors: (1) the marginal quality of riparian habitat, (2) medium
connectivity value relative to the entire riparian site, and (3) the presence of steep channel
gradients and steep surrounding slopes above and below this segment, which make
downstream areas more vulnerable to channel erosion, and makes this portion important for
protecting downstream water quality from sedimentation. For riparian and upland wildlife
habitat sites designated Category D Streams, the conservation area includes the area within
the resource site boundary, plus the area within a conservation setback of20 feet measured
from the top of bank of the stream. Within this conservation area, the /WR overlay zone
restricts new development, removal of riparian vegetation, and other conflicting uses. A
Category D conservation area would reflect existing conditions on this section while
maintaining the viability of the overall stream corridor.
(3) South Hills at Owl Road/Fox Hollow (E37J, AMA-13):
(a) South Hills at Lower Owl Road; South Hills at Donald/Fox Hollow:
Conservation setback of 40 feet recommended. As discussed above, these sites (E37J-I,
E37J-2, E37J-5) are recommended for protection. The conservation measure proposed for
these sites is the /WR Water Resources Conservation Overlay Zone (/WR overlay zone).
This riparian site is recommended to be designated a Category C Stream. This
recommendation is based on the ESEE analysis above, and on these factors: (1) the quality
of riparian habitat, (2) high connectivity values, (3) diversity of habitat types, and (4) the
presence of steep channel gradients and steep surrounding slopes which make this site
more vulnerable to channel erosion, and makes it more important for protecting
downstream water quality from sedimentation. For riparian and upland wildlife habitat
ESEE Analysis
Page 17
October 24, 2005 replacement page
sites designated Category C Streams, the conservation area includes the area within the
resource site boundary, plus the area within a conservation setback of 40 feet measured
from the top of bank of the stream. Within this conservation area, the /WR overlay zone
restricts new development, removal of riparian vegetation, and other conflicting uses.
(b) Owl Road wetland:
Conservation setback of25 feet recommended. As discussed above, this site (AMA-13)
is recommended for protection. The conservation measure proposed for this site is the
/WR Water Resources Conservation Overlay Zone (/WR overlay zone). Based on the
habitat quality and connectivity value, this wetland site is recommended to be designated a
Category B Wetland. For wetland sites designated Category B Wetlands, the conservation
area includes the area within the resource site boundary, plus the area within a conservation
setback of 25 feet measured from the top of bank of the stream. Within this conservation
area, the /WR overlay zone restricts new development, removal of riparian vegetation, and
other conflicting uses.
(c) South Hills at Fox Hollow ditch:
No protection measures are recommended for this site (E37J-4), as discussed in the
analysis above.
(4) South Hills at Canyon Drive/Fox Hollow (E37K); and
(5) South Hills at Center Way (E37L):
Conservation setback of 40 feet recommended. As discussed above, these sites (E37K,
E3 7L) are recommended for protection. The conservation measure proposed for these sites
is the /WR Water Resources Conservation Overlay Zone (/WR overlay zone). These
riparian sites are recommended to be designated a Category C Stream. This
recommendation is based on the ESEE analysis above, and on these factors: (1) the quality
of riparian habitat, (2) high connectivity values, and (3) the presence of steep channel
gradients and steep surrounding slopes which make these sites more vulnerable to channel
erosion, and makes them more important for protecting downstream water quality from
sedimentation. For riparian and upland wildlife habitat sites designated Category C
Streams, the conservation area includes the area within the resource site boundary, plus the
area within a conservation setback of 40 feet measured from the top of bank of the stream.
Within this conservation area, the /WR overlay zone restricts new development, removal of
riparian vegetation, and other conflicting uses.
(6) South Hills at Dillard (E37M):
(a) South Hills at Dillard Hollow:
Conservation setback of 40 feet recommended. As discussed above, this site (E37M-I,
M-2) is recommended for protection. The conservation measure proposed for these sites is
the /WR Water Resources Conservation Overlay Zone (/WR overlay zone). This riparian
site is recommended to be designated a Category C Stream. This recommendation is based
on the ESEE analysis above, and on these factors: (1) the quality of riparian habitat, (2)
high connectivity values, and (3) the presence of steep channel gradients and steep
surrounding slopes which make this site more vulnerable to channel erosion, and makes it
more important for protecting downstream water quality from sedimentation. For riparian
and upland wildlife habitat sites designated Category C Streams, the conservation area
includes the area within the resource site boundary, plus the area within a conservation
ESEE Analysis
Page 18
October 24, 2005 replacement page
setback of 40 feet measured from the top of bank: of the stream. Within this conservation
area, the /WR overlay zone restricts new development, removal of riparian vegetation, and
other conflicting uses.
(b) E37 M-2 S Hills at Dillard ditch:
No protection measures are recommended for this site (E37M-2), as discussed in the
analysis above.
17.6 Consistency with Statewide Goals and Acknowledged Plan
Requirements
Sites E37 H (S Hills at Upper Owl Road); E371 (S Hills at St. Clair Lane); E37J (S Hills at
Lower Owl RoadlFox Hollow); E37K (S Hills at Canyon DriveIFox Hollow), E37L (S Hills
at Center Way); E37M (S Hills at Dillard); AMA-13 (Owl Road wetland)
F or a discussion of and findings regarding the consistency of the protection recommendations
and their proposed implementing measures with applicable statewide goal or acknowledge plan
requirements, see the Statewide Goal findings in: (1) the adopting ordinance for the area within
the City limits, Exhibit E, and (2) the adopting ordinance for the area between city limits and the
UGB, Exhibit E.
ESEE Analysis
Page 19
October 24, 2005 replacement page
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Significant Goal 5 ESEE Analysis Group 17 October 24, 2005
Significant Goal 5 Draft Protection Recommendations for Portions of South Hills Upland Stream Corridors at Upper Amazon
(Owl Road to Dillard & Upper Amazon Wetlands)
~ Eugene Urban Growth Boundary 21 Wetland Designated for Protection
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Exhibit C to Ordinance No. [1]
Eugene Local Wetland Inventory
This exhibit, not reproduced here, is the same as it appeared in the City Council's September
21,2005 packet at pages 559-584.
Exhibit D to Ordinance No. [1]
List of Properties to. be Rezoned by the City
This exhibit, fully reproduced here, is the same as it appeared in the City Council's September
21,2005 packet at pages 587 - 607, except as follows:
Tax Lot 1803162000906 was removed from the list. Based on updated tax lot configuration
information, staff determined that this parcel was not within the setback area of Site E37 Q as
previously thought.
Exhibit D to Ordinance No. (1)
List of Properties to be Rezoned by the City
October 24,2005
Part I - Properties entirely within Eugene city limits subject to addition of /WR Water Resources
Conservation Overlay Zone:
Assessor's City/County/
Map/Tax Lot # Partial
1604353004400 city
1604353004500 city
1604353004600 city
1604353004700 city
1604353004800 city
1604353004900 city
1604353005000 city
1604353005100 city
1604353005200 city
1604353005300 city
1604353005400 city
1604353005500 city
1604353005600 city
1604353005800 city
1604353005900 city
1604353006000 city
1604353006100 city
1604353006200 city
1604353006300 city
1604353011200 city
1604353101400 city
1604353101500 city
1604353101600 city
1604353101700 city
1604353101800 city
1604353101900 city
1604353102000 city
1604353102100 city
1604353105400 city
1604353105500 city
1604353105600 city
1604353402100 city
1604353402800 city
1604353402900 city
1604353403000 city
1604353403100 city
1604353406100 city
Exhibit D - Page 1
1604353406200 city
1604353407900 city
1604353408000 city
1604353408100 city
1604353408200 city
1604353408300 city
1604353408500 city
1604353408600 city
1604353408700 city
1604353408800 city
1604353408900 city
1604353409000 city
1604353409100 city
1604353409200 city
1604353409300 city
1604353409400 city
1604353412500 city
1604353412600 city
1604354408100 city
1604354408200 city
1604354408300 city
1703070001203 city
1703070001206 city
1703070001208 city
1703070001209 city
1703070001301 city
1703082200907 city
1703082200909 city
1703082200916 city
1703082200917 city
1703082301300 city
1703082301400 city
1703082301500 city
1703082301700 city
1703082301802 city
1703082301900 city
1703082302007 city
1703082302008 city
1703082302009 city
1703082302010 city
1703082302011 city
1703082302600 city
1703082304000 city
1703082304100 city
1703082304200 city
1703082304700 city
1703082304800 city
1703082304900 city
1703082305000 city
1703083206200 city
1703083206300 city
1703083206400 city
1703083206500 city
1703083206600 city
1703083206800 city
1703083206900 city
1703083207400 city
1703083207500 city
1703083207600 city
1703083207700 city
1703083207800 city
1703083207900 city
1703083208000 city
1703083208100 city
1703083208600 city
1703083300800 city
1703083300900 city
1703083301103 city
1703083301104 city
1703083301105 city
1703083301106 city
1703083301107 city
1703083301108 city
1703083301109 city
1703083301110 city
1703083301111 city
1703083301167 city
1703083301168 city
October 24, 2005
1703083301169 city
1703172200101 city
1703172200102 city
1703172200162 city
1703172204800 city
1703172204900 city
1703172205000 city
1703172205100 city
1703172205200 city
1703172205300 city
1703172300221 city
1703172300222 city
1703172300223 city
1703172300224 city
1703172300225 city
1703172300226 city
1703172300227 city
1703172300231 city
1703172300232 city
1703172300301 city
1703172300311 city
1703172300312 city
1703172300332 city
1703172300333 city
1703172300334 city
1703172300335 city
1703172300341 city
1703172300342 city
1703172300344 city
1703172300347 city
1703172301001 city
1703172301032 city
1703172301102 city
1703180000700 city
1703180004100 city
1703180004400 city
1703181101800 city
1703181101900 city
1703181102200 city
1703181103800 city
1703181103900 city
1703181202900 city
1703181203000 city
1703181300102 city
1703181402800 city
1703181402900 city
1703181403000 city
1703181403100 city
Exhibit D - Page 2
1703181403200 city
1703181403300 city
1703181403400 city
1703181403500 city
1703181403600 city
1703181403601 city
1703181403800 city
1703181404100 city
1703182300100 city
1703182300202 city
1703182302300 city
1703182302500 city
1703182302600 city
1703183200102 city
1703183200200 city
1703183200300 city
1703183200301 city
1703183200405 city
1703183200406 city
1703183200409 city
1703183200422 city
1703183200500 city
1703183200501 city
1703183200600 city
1703183300100 city
1703183300200 city
1703183300300 city
1703183301900 city
1703183304800 city
1703183400300 city
1703183400401 city
1703183401500 city
1703183401600 city
1703183401700 city
1703183401800 city
1703183401900 city
1703183402000 city
1703183402400 city
1703183402500 city
1703183402600 city
1703184202100 city
1703184202200 city
1703192100100 city
1703192101400 city
1703192101600 city
1703192101700 city
1703192101800 city
1703192400602 city
1703192400603 city
1703192400604 city
1703192400605 city
1703192400606 city
1703192400700 city
1703192400800 city
1703192400801 city
1703192400802 city
1703192400900 city
1703192401000 city
1703192401100 city
1703192401200 city
1703192401300 city
1703192403500 city
1703193000400 city
1703193000500 city
1703193000600 city
1703193000603 city
1703193001500 city
1703193001602 city
1703193003200 city
1703193003201 city
1703193003202 city
1703283000200 city
1703283000300 city
1703283000400 city
1703283000500 city
1703283000900 city
1703283001101 city
1703283001102 city
1703283001103 city
1703283001300 city
1703283001600 city
1703283001700 city
1703284000066 city
1703284000100 city
1703284000600 city
1703284001200 city
1703284001301 city
1703284001409 city
1703284002200 city
1703284200100 city
1703284300100 city
1703291001300 city
1703291001400 city
1703293002600 city
1703293100700 city
1703293103800 city
October 24, 2005
1703293103900 city
1703293104000 city
1703293201100 city
1703293201700 city
1703293201800 city
1703293202000 city
1703293300088 city
1703293300100 city
1703293301300 city
1703293301400 city
1703293301500 city
1703293301600 city
1703293301800 city
1703293301900 city
1703293302000 city
1703293302900 city
1703293303000 city
1703293303300 city
1703293400100 city
1703293400200 city
1703293400300 city
1703294000300 city
1703294000301 city
1703294000304 city
1703294000305 city
1703294000400 city
1703294000700 city
1703294000900 city
1703294001000 city
1703294001401 city
1703294001500 city
1703300000100 city
1703301000203 city
1703301000301 city
1703301000303 city
1703301000400 city
1703301000600 city
1703301000819 city
1703301000820 city
1703301000826 city
1703301000831 city
1703301000832 city
1703301000834 city
1703301001003 city
1703301001100 city
1703301001302 city
1703301200100 city
1703301200142 city
Exhibit D - Page 3
1703301200166 city
1703301200167 city
1703301200301 city
1703301200302 city
1703301200310 city
1703301200311 city
1703301200312 city
1703301200314 city
1703301200315 city
1703301200401 city
1703301200402 city
1703302000100 city
1703302000101 city
1703302000200 city
1703302001000 city
1703302001001 city
1703302001002 city
1703302001003 city
1703302001004 city
1703302001200 city
1703302003700 city
1703302003800 city
1703302300100 city
1703302300400 city
1703302300500 city
1703302301406 city
1703302301700 city
1703303102600 city
1703304400100 city
1703313109900 city
1703313113600 city
1703313114600 city
1703313114700 city
1703313116900 city
1703313117600 city
1703313209900 city
1703313411301 city
1703314212300 city
1703314212600 city
1703314212700 city
1703314213000 city
1703314213100 city
1703314301000 city
1703314301100 city
1703314301200 city
1703314301400 city
1703314310500 city
1703314315500 city
1703314316100 city
1703314316200 city
1703314316300 city
1703314316400 city
1703314316500 city
1703314319400 city
1703314320100 city
1703314400088 city
1703314410900 city
1703314411200 city
1703314411300 city
1703314411400 city
1703314411500 city
1703314411600 city
1703314411800 city
1703314411900 city
1703314412000 city
1703314412400 city
1703314412500 city
1703314412600 city
1703314412700 city
1703314413500 city
1703314413800 city
1703314413900 city
1703321100077 city
1703321100100 city
1703321100200 city
1703321100400 city
1703321100500 city
1703321100501 city
1703321100600 city
1703321200100 city
1703321200700 city
1703321200800 city
1703321200900 city
1703321201000 city
1703321400103 city
1703321400104 city
1703321400300 city
1703321400500 city
1703321400600 city
1703321400900 city
1703321401000 city
1703321401100 city
1703321401200 city
1703321401201 city
1703321401300 city
1703321401400 city
October 24,2005
1703321401600 city
1703321401700 city
1703321401800 city
1703321401900 city
1703321402000 city
1703321402100 city
1703321402200 city
1703321402300 city
1703321402400 city
1703321402500 city
1703322100100 city
1703322100200 city
1703322100300 city
1703322200100 city
1703322200800 city
1703322201500 city
1703322201600 city
1703322400100 city
1703322400199 city
1703322400200 city
1703322400300 city
1703322405300 city
1703322405400 city
1703331100920 city
1703331300102 city
1703331300103 city
1703331300201 city
1703331300202 city
1703331300502 city
1703331300600 city
1703331300700 city
1703331300800 city
1703331300900 city
1703331301000 city
1703331301100 city
1703331301200 city
1703331301300 city
1703331301400 city
1703331301500 city
1703331301600 city
1703331301700 city
1703331400400 city
1703331400500 city
1703331400700 city
1703331400800 city
1703332100100 city
1703332100102 city
1703332100104 city
Exhibit D - Page 4
1703332100105 city
1703332100118 city
1703332100119 city
1703332100120 city
1703332100121 city
1703332100122 city
1703332100123 city
1703332100124 city
1703332100128 city
1703332100129 city
1703332100131 city
1703332100330 city
1703332100331 city
1703332100332 city
1703332100333 city
1703332100334 city
1703332100343 city
1703332100344 city
1703332100400 city
1703332100401 city
1703332200100 city
1703332200300 city
1703332200400 city
1703332200600 city
1703332300200 city
1703332300301 city
1703332300400 city
1703332300500 city
1703332300600 city
1703332300800 city
1703332300900 city
1703332301000 city
1703332301100 city
1703332301200 city
1703332301400 city
1703332301700 city
1703332302000 city
1703332302100 city
1703332302200 city
1703332400100 city
1703333100100 city
1703333100600 city
1703333100601 city
1703333210100 city
1703333210200 city
1703333210300 city
1703333210400 city
1703333210500 city
1703334100100 city
1704012200500 city
1704012201100 city
1704012201200 city
1704012201300 city
1704012201400 city
1704013203700 city
1704013203800 city
1704013203900 city
1704013204000 city
1704013206500 city
1704013304400 city
1704013309700 city
1704013309800 city
1704013403300 city
1704013403501 city
1704021200603 city
1704021200604 city
1704021200614 city
1704021200615 city
1704021203001 city
1704021203002 city
1704022100100 city
1704022100500 city
1704022100503 city
1704022101001 city
1704022101002 city
1704022102000 city
1704022102100 city
1704022102101 city
1704022102500 city
1704022102600 city
1704022102700 city
1704022102800 city
1704022102900 city
1704022103000 city
1704022103100 city
1704022103200 city
1704022103300 city
1704022104000 city
1704022104100 city
1704022104200 city
1704022104300 city
1704022201000 city
1704022209400 city
1704022209500 city
1704022209600 city
1704022209700 city
October 24, 2005
1704022209800 city
1704022209900 city
1704022210000 city
1704022210100 city
1704022210200 city
1704022210300 city
1704022210400 city
1704022305800 city
1704022305900 city
1704022306000 city
1704022306100 city
1704022306200 city
1704022306300 city
1704022306400 city
1704022306500 city
1704022306600 city
1704022306700 city
1704022308200 city
1704022308300 city
1704022308400 city
1704022308500 city
1704022308600 city
1704022309000 city
1704022309100 city
1704022309200 city
1704022309300 city
1704022309400 city
1704022309401 city
1704022407900 city
1704022408000 city
1704022408100 city
1704022408200 city
1704022408300 city
1704022408700 city
1704022408800 city
1704023200500 city
1704023200600 city
1704023201100 city
1704023201200 city
1704023201400 city
1704023201500 city
1704023201600 city
1704023201700 city
1704023201800 city
1704023201900 city
1704023202800 city
1704023204500 city
1704023204600 city
Exhibit D - Page 5
1704023204700 city
1704023204800 city
1704023204900 city
1704023207100 city
1704023207200 city
1704023207300 city
1704023207400 city
1704023207500 city
1704023207600 city
1704023207700 city
1704023207800 city
1704023207900 city
1704023208000 city
1704023208100 city
1704023208200 city
1704031118800 city
1704031302700 city
1704031302800 city
1704031303100 city
1704031303200 city
1704031303300 city
1704031303400 city
1704031318600 city
1704031318700 city
1704031318800 city
1704031319800 city
1704031319900 city
1704031320000 city
1704031320900 city
1704031321000 city
1704031321100 city
1704031321900 city
1704031413700 city
1704031414900 city
1704031415000 city
1704031415100 city
1704031416200 city
1704031416300 city
1704031416400 city
1704031417500 city
1704031417600 city
1704033400600 city
1704033401000 city
1704033401100 city
1704033401900 city
1704033402000 city
1704033402100 city
1704033402200 city
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October 24, 2005
1704102103200 city
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Exhibit D - Page 6
1704131400101 city
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October 24, 2005
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Exhibit D - Page 7
1704204214900 city
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October 24, 2005
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Exhibit D - Page 8
1803053200100 city
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October 24, 2005
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Exhibit D - Page 9
1803174012104 city
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October 24, 2005
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Exhibit D - Page 10
1803202201001 city
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.1804112202800 city
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October 24, 2005
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Exhibit D - Page 11
October 24,2005
Part II - Properties partially within Eugene city limits subject to addition of
/WR Water Resources Conservation Overlay Zone for that portion of parcel within Eugene city limits:
Assessor's
Ma /Tax Lot #
1604354400100
1704012200100
1704100001490
1704100001491
1704100001492
1704151002500
1704152301626
1704154101900
1704200002000
1704232004201
1704290001201
1704290002901
1704291300101
1803100000701
1803182200700
1803210001400
City/County/
Partial
artial
artial
artial
artial
artial
artial
artial
artial
artial
artial
artial
artial
artial
artial
artial
artial
Part III - Property outside of tax-lotted parcels subject to addition of /WR Water Resources
Conservation Overlay Zone within Eugene city limits:
Description Acres Map#
Site E30, from 33rd Avenue to Martin Street 13.96 1
Site E30, between Lincoln and Washinaton Streets 0.17 2
Site E30, between Taylor and Arthur Streets 1.56 2
Site E30, between Chambers and Van Buren Streets 2.47 2
Site E30, between Madison and Lawrence Streets 0.58 2
Site E40, from Millrace Drive to Southbank Bike Path undercrossina 3.97 3
Site E40, from Riverfront Parkway to Kincaid Street 4.07 3
Site E42, Canoe Canal at Day Island Road 0.23 4
Site E42, south of 1-105 6.43 4
Site E50, alona Abbie Lane, between Willaaillespie Road and Ellwood Drive 0.76 5
Site E59, between Merlot Street and Alderbrook Lane 0.42 6
Site E59, between Irvington Street and Alderbrook Lane 0.62 6
Site E78, between 1-5 and Laurel Hill Drive 1.56 5
Site E78, between Laurel Hill Drive and Augusta Street 0.41 5
Site WA, Willamette River, north of Ferrv Street Bridae 198.83 7
Exhibit D - Page 12
October 24, 2005
Site WA, Willamette River, south of Autzen Footbridge 36.19 3
Site WKZ-13, Sorrel Way Park, north of 1-105 0.36 4
Multiple Sites includina WKZ-5E and Debrick Slouah E75, north of Pond Road 16.78 7
Site WKZ-6, north, 1-105 and Delta Hiahway interchanae 1.13 7
Site WKZ 7, east side of Goodpasture Island Road, north of Alexander Loop 0.50 7
Site WKZ-7 east side of Delta Hiahway, south of 1-105 13.10 7
Site WKZ-7, west side of Delta Highway, south of 1-105 21.82 7
Site WKZ-6, south, 1-105 and Delta Hiahway interchanae 1.11 7
Site WKZ-6, west side of Delta Highway, between 1-105 and Goodpasture Island
Road 20.12 7
Site E37 J, south of Martin Street 0.98 1
Exhibit D - Page 13
October 24, 2005
Exhibit E to Ordinance No. [1]
Legislative Findings
This exhibit, fully reproduced here, is the same as it appeared in the City Council's September
21,2005 packet at pages 610 - 622, except as follows:
The legislative findings for Ordinance No. [1] previously included a fairly detailed description of
the adjustments possible under EC 9.8030(21). Since the Council will be considering several
motions which could change the criteria for those adjustments, the findings have been revised to
include a more general description of the adjustments which will be accurate regardless of which
motions pass, if any.
Exhibit E
Legislative Findings
to Ordinance No.-I!l
Adoption of New Refinement Plan The following criteria are applicable to the adoption of
a new refinement plan.
(1) The refinement plan amendment is consistent with the Statewide planning goals.
Goal 1 Citizen Involvement: To develop a citizen involvement program that insures the
opportunity for citizens to be involved in all phases of the planning process.
The City has acknowledged provisions for citizen involvement that ensure the opportunity for
citizens to be involved in all phases of the planning process and set out requirements for such
involvement. The action taken did not amend the citizen involvement program. The process for
adopting these amendments complied with Goal 1 since it complied with, and surpassed the
requirements of, the citizen involvement provisions.
The City of Eugene land use code implements Statewide Planning Goal 1 by requiring that
notice of the proposed amendments be given and public hearings be held prior to adoption.
The process for adopting a Goal 5 Inventory for the area within the Eugene Urban Growth
Boundary has provided numerous opportunities for citizen involvement. A public involvement
plan for the Goal 5 process was reviewed and approved by the Joint Planning Commission
Committee in May, 2000. In June 2000, two public workshops were held to provide an overview
of the Goal 5 process for Springfield, Eugene and Lane County within the Metro Plan boundary.
In April 200 I, a public workshop has held to review the draft inventory and significance criteria
for Springfield, Eugene and Lane County within the Metro Plan boundary. On December 17,
2002, a public hearing was held before the Eugene Planning Commission on the Goal 5
inventory of riparian and upland wildlife habitat sites within the urban growth boundary. All
owners of affected and adjacent properties were notified, in addition to a large list of interested
parties. The Eugene Planning Commission opened the public record for additional written
comments from February 3, 2003 to February 7, 2003 and from March 17,2003 to March 28,
2003. The Eugene Planning and Development Department staff held a public information
meeting on May 21, 2003 on the status ofthe Goal 5 inventory. On June 9, 2003 a public
hearing was held before the Eugene City Council. In addition to public meetings and mailed
notices, printed materials related to these proceedings were made available at Planning and
Development Department offices and via the City's Internet site prior to each meeting. The
inventory that was adopted through the process described above was the groundwork for the
updated inventory that is a part of the ordinance now being considered.
1
Consideration of this ordinance began with a Eugene Planning Commission public hearing on
May 10,2005. Department of Land Conservation and Development notice, notice to property
owners and interested parties and newspaper publication was provided for that hearing. An
additional public hearing before the Eugene City Council is tentatively scheduled for September
26,2005. Notice to interested and affected parties will be provided for that hearing. The process
for adopting these amendments complies with Goal 1 since it complies with, and surpasses the
requirements of the State's citizen involvement provisions.
Goal 2 - Land Use Planning: To establish a land use planning process and policy framework as
a basis for all decisions and actions related to use of land and to assure an adequate factual
base for such decisions and actions.
The Eugene-Springfield Metropolitan Area General Plan (Metro Plan) is the policy tool that
provides a basis for decision-making in this area. The Metro Plan was acknowledged by the
State in 1982 to be in compliance with statewide planning goals. These findings and record
show that there is an adequate factual base for decisions to be made concerning the proposed
amendments. Goal 2 requires that plans be coordinated with the plans of affected governmental
units and that opportunities be provided for review and comment by affected governmental units.
To comply with the Goal 2 coordination requirement, the City coordinated the adoption of these
amendments with all affected governmental units. Specifically, notice was mailed to all owners
of property in the Eugene Goal 5 inventory, all owners of property that would be affected by
proposed new land use regulations and to an interested parties list of more than 300. There are
no Goal 2 exceptions required for this ordinance.
Goal 3 - Agricultural Land: To preserve and maintain agricultural lands.
Goal 3 is not applicable to this ordinance as the subject sites and actions do not affect any
agricultural plan designation or use. Goal 3 excludes lands inside an acknowledged urban
growth boundary from the definition of agricultural lands. Since Eugene's Goal 5 Inventory is
entirely within its acknowledged urban growth boundary, Goal 3 is not relevant and the
ordinance does not affect the area's compliance with Statewide Planning Goal 3.
Goal 4 - Forest Land: To conserve forest lands.
Goal 4 is not applicable to this ordinance as the subject sites and actions do not affect any forest
plan designation or use. Goal 4 does not apply within urban growth boundaries and, therefore,
does not apply to the adoption of a Goal 5 inventory within Eugene's UGB (OAR 660-006-
0020). Therefore, Goal 4 is not relevant and the ordinance does not affect the area's compliance
with Statewide Planning Goal 4.
Goal 5 - Open Spaces. Scenic and Historic Areas. and Natural Resources: To conserve open
space and protect natural and scenic resources.
2
The Inventory Process
The adoption of a wetland inventory and the clarification of the already-adopted inventories of
riparian and upland wildlife habitat sites within Eugene's Urban Growth Boundary are a specific
response to the requirements of Goal S. 1 The identification of significant riparian and wildlife
habitat sites has already been acknowledged by LCDC.2 This ordinance makes that
acknowledged inventory of riparian and wildlife habitat sites a part of the new GoalS Water
Resources Conservation Plan, through mapping that more clearly identifies the precise location
of those sites. The wetlands inventory, also made a part of the new GoalS Water Resources
Conservation Plan by this ordinance, was conducted in accordance with the administrative rules
specifically applicable to Goal S wetland inventories, as detailed below.
In adopting a GoalS inventory of wetlands, OAR 660-023-0100(2) requires that local
governments start with a Local Wetlands Inventory (L WI) prepared using the standards and
procedures of OAR 141 (Rules of the Department of State Lands ("DSL")). The LWI, for areas
within the Eugene Urban Growth Boundary, approved for consistency with OAR 141 by DSL on
January 14, 200S, is adopted as findings to this ordinance, as Exhibit C. For purposes of the
Goal S inventory, local governments are to apply specific criteria adopted by DSL to those
wetland sites included on the L WI. Those that meet the criteria are "significant wetlands" and
must be included on the area's GoalS inventory of wetlands. The analysis of each wetland site
considering those DSL criteria is contained in Appendix E ("Significant Wetland Determination
Sheets") to the City of Eugene Local Wetlands Inventory. That document is a part of the record
to these proceedings, by this specific incorporation and by its physical inclusion during the
proceedings.
ESEE Analysis
The Goal S rules require that local governments conduct an analysis of the economic, social,
environmental, and energy (ESEE) consequences that could result from a decision to allow,
limit, or prohibit a conflicting use. OAR 660-023-0040 (and OAR 660-023-0090(7) with respect
to riparian corridors) describes the four steps to be followed in conducting an ESEE analysis.
The ESEE analysis for each site on the riparian, wildlife and wetlands inventory is contained in
Exhibit B to this ordinance (as that analysis pertains to sites within the City limits). In addition,
a summary of the ESEE analysis, describing the degree of protection intended for each
significant site is adopted as part of the Goal S Water Resources Conservation Plan, attached as
Exhibit A to the ordinance. The conflicting use analysis for each site on the riparian, wildlife
1 Areas within the UGB that are covered by the West Eugene Wetlands Plan are excluded from
the inventory and protection measures of this ordinance based on OAR 660-023-0100(8), which
states that a "wetlands conservation plan approved by the director of DSL shall be deemed to
comply with GoalS."
2 LCDC's only requirement for acknowledgment was that a portion of one resource site be removed from the
inventory; this ordinance complies with that requirement.
3
and wetlands inventory is contained in Exhibit B, adopted as findings to this ordinance (as that
analysis pertains to sites within the City limits).
Therefore, the ordinance is consistent with Goal 5.
Program to Achieve Goal 5
The Goal 5 rules require that local governments adopt a program to protect significant sites
consistent with the results of the ESEE analysis. OAR 660-023-0050 sets out the specific rules
pertaining to such a program. The /WR Water Resources Conservation Overlay Zone, adopted
through this ordinance, was developed to comply with the requirements of this rule. That
overlay zone, through this ordinance, is being applied to those resources within the City limits
that, as a result of the ESEE analysis, have been shown to warrant the protections the overlay
zone provides.
Goal 6 - Air, Water and Land Resources Quality: To maintain and improve the quality of the air,
water, and land resources of the state.
Goal 6 addresses waste and process discharges from development, and is aimed at protecting air,
water and land from impacts from those discharges. By applying the new /WR Water Resources
Conservation overlay zone to properties with significant water features, and to those within the
setback or riparian area of such water features, the City is directly, and favorably, influencing
water quality and the impact of discharges. Therefore, the ordinance is consistent with Statewide
Planning Goal 6.
Goal 7 - Areas Subiect to Natural Disasters and Hazards: To protect life and property from
natural disasters and hazards.
Goal 7 requires that local government planning programs include provisions to protect people
and property from natural hazards such as land slides. This ordinance does not directly address
potential natural disasters and hazards. These hazards are addressed by separate studies and
protection measures. However, the /WR overlay zone prohibits construction within specified
setbacks of significant water features. As such, the overlay zone provides benefits with relation
to flood impacts to real property and thus could provide further protections consistent with
Statewide Planning Goal 7.
Goal 8 - Recreational Needs: To satisfy the recreational needs of the citizens of the state and
visitors and, where appropriate, to provide for the siting of necessary recreational facilities
including destination resorts.
Goal 8 ensures provision of recreation facilities to Oregon citizens and is primarily concerned
with the provision of those facilities in non-urban areas of the state. The proposed ordinance
will not impact provision of recreational facilities, nor will it affect access to existing or future
recreational facilities. Therefore, the ordinance is consistent with Goal 8.
4
Goal 9 - Economic Development: To provide adequate opportunities throughout the state for a
variety of economic activities vital to the health, welfare, and prosperity of Oregon's citizens.
The ordinance will not impact the supply of industrial or commercial lands. Therefore, the
amendments are consistent with Goal 9. The /WR overlay zone does not render a property
unusable for commercial or industrial uses. In fact, specific provisions in the /WR overlay zone
ensure that the overlay zone does not have such an effect on a property. Some of those
prOViSIOns are:
1. The use restrictions of the /WR overlay zone only apply to that portion of a lot that is within a
specified distance from an identified water feature. The use-restricted area is referred to as the
"/WR conservation area." Within the portions of the lot that are outside of the /WR conservation
area, land uses are not restricted by the /WR overlay zone. EC 9.4930(1). Properties that have a
base zoning and designation allowing commercial or industrial uses can still be developed with
such uses on those portions of the lot that are not within the /WR conservation area.
2. If the regulated area for a Goal 5 wetland, riparian corridor or a wildlife habitat site occupies
more than 33% of a development site area, upon application of the property owner, and
consistent with the other criteria ofEC 9.8030(21)(a), the City will reduce the size of the /WR
conservation area to ensure that the area constitutes no more than 33% of the development site
area.
3. Upon application of the property owner, and consistent with the criteria ofEC 9.8030(21)(b),
the City will reduce the setback area around a Goal 5 wetland by up to 20%, consistent with
specified standards.
4. Upon application of the owner of sites identified with certain streams and wetlands, and
consistent with the criteria ofEC 9.8030(21)(c), setback averaging can be used to reduce
setback distances to up to 30% on portions ofthe site.
5. Upon application of the property owner, and consistent with the criteria ofEC 9.8030(21)(d),
adjustments can be made to the /WR overlay zone standards to ensure that an owner can make
use ofthe property.
Considering these provisions of the /WR overlay zone, the application of the overlay zone to a
property zoned and designated for commercial or industrial use does not result in a diminution in
the area's supply of commercial or industrial land.
Even supposing the provisions above were not a part of the overlay's regulations, the overlay is
being applied to such a small number of acres included in the area's inventories of commercial
and industrial lands that this ordinance overlay could not diminish the area's supply of those
lands below the projected need.
5
An analysis of potential impacts to the supply of buildable commercial lands within the Eugene
UGH was conducted using the regional Geographic Information System (GIS) and calculations
of supply and demand from the Eugene Commercial Lands Study, 1992. The State-
acknowledged Eugene Commercial Lands Study included a surplus of Commercial acreage of
170 acres. This acreage represents those lands that were designated as commercial lands, beyond
the acreage needed to accommodate the projected 20-year demand. Since the adoption of that
Study, the City has taken various actions that have decreased the amount of surplus commercial
acreage, resulting in a current surplus of 129.10 acres. Even if the provisions described in 1
through 5 above were not included in the ordinance, the Goal 5 protection measures contained in
this ordinance could affect, at most, 43.40 acres of commercially designated land, leaving a
surplus of 85.70 acres.
An analysis of potential impacts to the supply of buildable industrial lands within the Eugene
UGB was conducted using the regional Geographic Information System (GIS), data provided by
City of Springfield staff and calculations of supply and demand from the Metropolitan Industrial
Lands Inventory Report, 1993. The State-acknowledged Metropolitan Industrial Lands
Inventory Report included a surplus of industrial acreage of2,954.28 acres (considering a low
demand assumption) or of 2,432.28 acres (considering a high demand assumption). This acreage
represents those lands that were designated as industrial lands, beyond the acreage needed to
accommodate the projected 20-year demand. Since the adoption of that Report, Eugene and
Springfield have taken various actions that have decreased the amount of surplus industrial
acreage, resulting in a current surplus of either 2,221.18 acres (considering a low demand
assumption) or of 1,699.18 acres (considering a high demand assumption). Even if the
provisions described in 1 through 4 above were not included in the ordinance, the Goal 5
protection measures contained in this ordinance could affect, at most, 44.73 acres of industrially
designated land, leaving a surplus of2,176.45 acres (considering a low demand assumption) or
of 1,654.45 acres (considering a high demand assumption).
Based on the forgoing discussion and analysis, it is clear that even if the maximum possible area
within the proposed /WR Conservation Area was treated as a subtraction from the buildable
lands inventory, and taking into account plan amendments that took land out of commercial and
industrial categories, and taking into account legislative zone changes, there would still be a net
surplus of buildable lands in the applicable categories for both industrial and commercial land.
Therefore, the ordinance is consistent with Goal 9.
Goal 10 - Housing: To provide for the housing needs of the citizens of the state.
The /WR overlay zone does not render a property unusable for residential uses. In fact, specific
provisions in the /WR overlay zone ensure that the overlay zone does not have such an effect on
a property. Some of those provisions are:
6
1. The use restrictions of the /WR overlay zone only apply to that portion of a lot that is within a
specified distance from an identified water feature. The use-restricted area is referred to as the
"/WR conservation area." Within the portions of the lot that are outside of the /WR conservation
area, land uses are not restricted by the /WR overlay zone. EC 9.4930(1). Properties that have a
base zoning and designation allowing residential uses can still be developed with such uses on
those portions of the lot that are not within the /WR conservation area.
2. If the regulated area occupies more than 33% ofa development site area, upon application of
the property owner, and consistent with the other criteria ofEC 98030(21)(a), the City will
reduce the size of the /WR conservation area to ensure that the area constitutes no more than
33% ofthe development site area.
3. Upon application ofthe property owner, and consistent with the criteria ofEC 9.8030(21)(b),
the City will reduce the setback area around a Goal 5 wetland by up to 20%, consistent with
specified standards.
4. Upon application of the owner of sites identified with certain streams and wetlands, and
consistent with the criteria ofEC 9.8030(21)(c), setback averaging can be used to reduce setback
distances to up to 30% on portions ofthe site.
5. Upon application ofthe property owner, and consistent with the criteria ofEC 9.8030(21)(d),
adjustments can be made to the /WR overlay zone standards to ensure that an owner can make
use ofthe property.
Considering these provisions of the /WR overlay zone, the application of the overlay zone to a
property zoned and designated for residential use does not result in a diminution in the area's
supply of residential land.
Even supposing the provisions above were not a part of the overlay's regulations, the overlay is
being applied to such a small number of acres included in the area's inventory of residential
lands that this ordinance overlay could not diminish the area's supply ofthose lands below the
projected need.
An analysis of potential impacts to the supply of buildable residential lands within the Eugene
UGB was conducted using the regional Geographic Information System (GIS), data provided by
City of Springfield staff and calculations of supply and demand from the Supply and Demand
Technical Analysis of the Eugene- Springfield Metropolitan Area Residential Lands and
Housing Study (RLHS), 1999. The State-acknowledged Eugene-Springfield Metropolitan Area
Residential Lands and Housing Study included a surplus of residential acreage of 1,862 acres
(considering a low demand assumption) or of790 acres (considering a high demand assumption).
This acreage represents those lands that were designated as residential lands, beyond the acreage
needed to accommodate the projected 20-year demand. Since the adoption of that Study, Eugene
and Springfield have taken various actions that have decreased the amount of surplus residential
acreage, resulting in a current surplus of either 1,725.07 acres (considering a low demand
7
assumption) or of653.07 acres (considering a high demand assumption). Even if the provisions
described in 1 through 5 above were not included in the ordinance, the Goal 5 protection
measures contained in this ordinance could affect, at most, 445.77 acres of residentially
designated land, leaving a surplus of 1,279.30 acres (considering a low demand assumption) or
of 207.30 acres (considering a high demand assumption).
Based on the forgoing discussion and analysis, it is clear that even if the maximum possible area
within the proposed /WR Conservation Area was treated as a subtraction from the residential
buildable lands inventory, and taking into account plan amendments that took land out of
residential categories, and taking into account previous legislative zone changes, there would still
be a net surplus of buildable lands in the applicable categories for residential land.
Therefore, the ordinance is consistent with Goal 10.
Goal 11 - Public Facilities and Services: To plan and develop a timely, orderly and efficient
arrangement of public facilities and services to serve as a framework for urban and rural
development.
The area affected by this ordinance is located inside the city limits and is served by the public
facilities in which the existing level of service is adequate to serve the needs of existing and
future development. The provisions of this ordinance do not effect the planning or development
of future public facilities or services. Therefore, the ordinance is consistent with Goal 11.
Goal 12 - Transportation: To provide and encourage a safe, convenient and economic
transportation system.
Goal 12 is implemented through the Transportation Planning Rule (TPR). The Eugene-
Springfield Metropolitan Area Transportation Plan (TransPlan) provides the regional policy
framework through which the TPR is enacted at the local level.
The Transportation Planning Rule (OAR 660-012-0060) states that land use changes that
significantly affect a transportation facility shall require mitigation measures to address the
anticipated impacts. The rule states that:
(1) Amendments to functional plans, acknowledged comprehensive plans, and land
use regulations which significantly affect a transportation facility shall assure
that allowed land uses are consistent with the identified function, capacity, and
performance standards (e.g. level of service, volume to capacity ration etc.) of the
facility. This shall be accomplished by either:
(a) Limiting allowed land uses to be consistent with the plannedfunction,
capacity, and performance standards of the transportation facility;
(b) Amending the TSP to provide transportation facilities to support the
8
proposed land uses consistent with the requirements of this division;
(c) Altering land use designations, densities, or design requirements to reduce
demand for automobile travel and meet travel needs through other modes;
or
(d) Amending the TSP to modify the plannedfunction, capacity and
performance standards, as needed, to accept greater motor vehicle
congestion to promote mixed use, pedestrian-friendly development where
multi modal travel choices are provided.
(2) A plan or land use regulation amendment significantly affects a transportation
facility if it:
(a) Changes the functional classification of an existing or planned
transportation facility;
(b) Changes standards implementing a functional classification system;
(c) Allows types or levels of land uses which would result in levels of travel or
access which are inconsistent with the functional classification of a
transportation facility; or
(d) Would reduce the performance standards of the facility below the
minimum acceptable level identified in the TSP.
Adoption of the ordinance will not change the functional classification of an existing or planned
transportation facility. Nor will it change standards implementing a functional classification
system. Further, it will not allow types or levels ofland uses which would result in levels of
travel or access which are inconsistent with the functional classification of a transportation
facility or reduce the performance standards of any facility. Therefore, Goal 12 is not implicated
by this ordinance.
Goal 13 - Energy Conservation: To conserve energy.
This ordinance does not concern energy conservation. Therefore, Goal 13 does not apply.
Goal 14 - Urbanization: To provide for an orderly and efficient transitionfrom rural to urban
land use.
This ordinance does not effect the transition from rural to urban land use. It applies only to
property already within the City limits. Therefore, Goal 14 does not apply to this ordinance.
Goal 15 - Willamette River Greenway: To protect, conserve, enhance and maintain the natural,
scenic, historical, agricultural, economic and recreational qualities of lands along the
Willamette River as the Willamette River Greenway.
The Willamette Greenway area within the Eugene Urban Growth Boundary is governed by
existing local provisions which have been acknowledged as complying with Goal 15. Those
9
provisions are unchanged by this ordinance.
Goal 16 through 19 (Estuarine Resources. Coastal Shorelands. Beaches and Dunes. and Ocean
Resources):
There are no coastal, ocean, estuarine, or beach and dune resources related to the property
effected by this ordinance. Therefore, these goals are not relevant and the ordinance will not
affect compliance with Goals 16 through 19.
(2) The refinement plan is consistent with the applicable provisions o/the Metro Plan.
Environmental Resources Elements Policies
18. 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.
The Plan and the overlay zone manage and restrict development in water bodies consistent with
Policy 18.
19. Local governments shall develop policies and local controls for protection and
management of wetland areas by completion of the next Metro Plan update.
While some of the area's significant wetlands were already protected by the West Eugene
Wetlands Study, this ordinance helps to complete the area's program for wetlands.
24. When planningfor and regulating development, local governments shall consider the
need for protection of open spaces, including those characterized by significant
vegetation and wildlife. Means of protecting open space include but are not limited to
outright acquisition, conservation easements, planned unit development ordinances,
streamside protection ordinances, open space tax deferrals, donations to the public, and
performance zoning.
The /WR overlay zone establishes streamside protection measures for significant vegetation and
wildlife areas consistent with this policy.
27. 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.
10
Known threatened and endangered species populations outside the West Eugene Wetlands area
are protected by the program adopted by this ordinance, and notice/opportunity for public
involvement has been given.
35. Newly-identified natural resources or sites shall be addressed in the following manner:
a. The jurisdiction within which the natural resource is located shall inventory the
site, incorporating the use of experts, for specific location, quantity, and quality.
Whenever feasible, this inventory should be done within 30 days. Constraints on
access to private lands, availability of qualified experts, and the difficulty of
identifying the suspected natural resource at certain times of the year may require
an exception to the time frame.
b. Upon the completion of the preliminary inventory, the affected jurisdiction shall
determine within ten days whether the identified natural resource is significant
and adopt supportingfindings. Significance will be determined on a case-by-case
basis by the jurisdiction, according to whether the resource is on afederal, state,
or local listing, and because of the uniqueness or scarcity of the resource locally.
If necessary to protect the site, the local jurisdiction shall apply interim
protection. The jurisdiction shall notify the other jurisdictions, MPC and
interested parties of the decision and any interim protection measures to be
undertaken. This decision may be appealed in writing within ten days notification
of the jurisdiction's decision to MPC. MPC shall consider the refinement of the
inventory, the decision of the affected jurisdiction, and the written basis for
appeal. The written appeal must include specific facts and reasons why the
decision of the jurisdiction was inappropriate. MPC must reach a decision on
significance within 40 days of receipt of an appeal.
c. If a natural resource is determined significant, in no later than six months the
affected jurisdiction shall conduct a Goal 5 Environmental, Social, Economic,
and Energy conflict resolution analysis and release a draft working paper with
recommendations to MPC.
d. Staff will coordinate with affected property owners and interested parties
throughout the process.
This ordinance addresses periodic review requirements and procedures set out in state law.
Policy 35 is intended to be applied when a new resource is identified after the establishment of
the inventory and protective measures via periodic review.
Willamette River Greenway. River Corridors. and Waterway Element Policy
5. New development that locates along river corridors and waterways shall be
limited to uses that are compatible with the natural, scenic, and environmental
qualities of those water features.
The allowed uses in the /WR overlay zone are consistent with this policy.e
11
Environmental Deshm Element Policv
2. Natural vegetation, natural water features, and drainageways shall be protected
and retained to the maximum extent practical. Landscaping shall be utilized to
enhance those natural features. This policy does not preclude increasing their
conveyance capacity in an environmentally responsible manner.
The provisions of the /WR overlay zone explicitly address the protection of natural vegetation,
water features, and drainageways and are therefore consistent with this policy.
Services to Development Within the Urban Growth Boundary: Stormwater
Policies
G.16 Manage or enhance waterways and open stormwater systems to reduce
water quality impacts from runoff and to improve stormwater conveyance.
By protecting riparian areas and stream corridors, the measures help to reduce water quality
impacts from runoff.
G.19 Maintain flood storage capacity within the floodplain, to the maximum
extent practical, through measures that may include reducing impervious
surface in the floodplain and adjacent areas.
By restricting development within riparian areas for the Willamette River, the measures help to
maintain flood storage capacity within that floodplain.
Code Amendments Eugene Code Section 9.8065 requires that the following criteria (in
bold and italic) be applied to a code amendment.
(1) Is consistent with applicable statewide planning goals as adopted by the Land
Conservation and Development Commission.
See above.
(2) Is consistent with applicable provisions of the Metro Plan and applicable adopted
refinement plans.
See above.
(3) In the case of establishment of a special area zone, is consistent with EC 9.3020
Criteria for Establishment of an S Special Area Zone.
The amendments do not establish a special area zone.
12
Application of the Overlav Zone The following criteria from EC 9.8856 apply to proposals to
rezone properties:
(1) The proposed change is consistent with applicable provisions of the Metro Plan.
The written text of the Metro Plan shall take precedence over the Metro Plan
diagram where apparent conflicts or inconsistencies exist.
See above.
(2) The proposed zone change is consistent with applicable adopted refinement plans.
In the event of inconsistencies between these plans and the Metro Plan, the Metro
Plan controls.
The overlay zone does not change the base zoning of a parcel, which has already been found to
be consistent with any applicable refinement plan.
(3) The uses and density that will be allowed by the proposed zoning in the location of
the proposed change can be served through the orderly extension of key urban
facilities and services.
The uses and densities of development allowed in the zone are less of a tax on the key urban
facilities and services already serving or planned for the effected areas.
(4) The proposed zone change is consistent with the applicable siting requirements set
out for the specific zone in: [(a) through (I)]
Although not listed in EC 9.8856(4), the siting requirements for the /WR Water Resources
Conservation Overlay Zone applicable to the proposed were addressed above.
13
Exhibit F to Ordinance No. [1]
Native and Non-Native Plant List
This exhibit, fully reproduced here, is the same as it appeared in the City Council's September
21, 2005 packet at pages 625 - 646.
Exhibit F to Ordinance No. [1]
Native and Non-Native Plant List
Part 1
NATIVE PLANT SPECIES FOR SITES AT OR ABOVE 425 FEET IN ELEVATION WITHIN
THE EUGENE UGB
The plant species included in this list are species that grow and propagate themselves in the Eugene
area through natural processes, are adapted to the weather, soils and hydrology of the area, and have
evolved in the area or been introduced to the area by natural causes. These native plant species are
distinguished from plant species that have been deliberately or accidentally imported or introduced
from other areas by humans or human activities.
This list applies to all habitat types, including riparian, upland and wetland areas, above 425 feet in
elevation. To meet Eugene Code requirements for native plants, these species are to be used within the
specified geographic area or elevation. Do not substitute alternate species. You must use the specific
species, subspecies or variety listed.
Wetland Indicator Status and Site Suitability information in the table below is intended as a guideline
for identifying suitable locations for plant species based on additional site characteristics, such as soils
and hydrology.
Trees
Common Name
grand fir
vine maple
Oregon bigleaf maple
red alder
Pacific madrone
incense cedar
Pacific dogwood
Oregon ash
Ponderosa pine
black cottonwood
Douglas fir
Oregon white oak
California black oak
Pacific willow
Scouler's willow
Sitka willow
Pacific yew
Wetland
Indicator
Scientific Name Status
Abies grandis NOL
Acer circinatum F ACU+
Acer macrophyllum F ACU
Alnus rubra F AC
Arbutus menziesii NOL
Calocedrus decurrens NOL
Comus nuttallii NOL UB
Fraxinus latifolia F ACW
Pinus ponderosa F ACU
Populus trichocarpa F AC
Pseudotsuga menziesii var. menziesiiNOL
Quercus garryana var. garryana NOL
Quercus kelloggii NOL
Salix lucid a ssp. lasiandra F ACW+
Salix scouleriana F AC
Salix sitchensis F ACW
Taxus brevifolia F ACU-
Exhibit F to Ordinance No. [1]
Site
Suitability
UB
UB
UB
LB,UB
UB
UB
LB,UB
UB
LB
UB
UB
UB
WE,LB
LB,UB
WE,LB
UB
Page 1
Shrubs and Vines Wetland
Indicator Site
Common Name Scientific Name Status Suitability
serviceberry Amelanchier alnifolia FACV VB
var. semiintegrifolia
tall Oregon grape Berberis aquifolium NOL VB
common buckbrush Ceanothus cuneatus NOL VB
redstem ceanothus Ceanothus sanguineus NOL VB
wild clematis Clematis ligusticifolia FACV VB
Suksdorf s hawthorn Crataegus suksdorjii F AC VB
red-osier dogwood Cornus sericea FACW WE,LB
California hazel Corylus corn uta NI VB
var. californica
salal Gaultheria shallon NOL VB
ocean spray Holodiscus discolor NOL VB
orange honeysuckle Lonicera ciliosa NOL VB
hairy honeysuckle Lonicera hispidula NOL VB
osoberry/indian plum Oemleria cerasiformis NOL VB
mock-orange Philadelphus lewisii NOL VB
Pacific ninebark Physocarpus capitatus FAC+ WE,LB
chokecherry Prunus virginiana FACV VB
var. demissa
cascara buckthorn Rhamnus purshiana FAC- VB
straggly gooseberry Ribes divaricatum NI VB
red currant Ribes sanguineum NOL VB
baldhip rose Rosa gymnocarpa NI VB
Nootka rose Rosa nutkana var. nutkana NI LB,VB
thimbleberry Rubus parviflorus FACV+ VB
salmon berry Rubus spectabilis FAC LB,VB
dewberry Rubus ursinus NOL VB
blue elderberry Sambucus mexicana FAC- VB
red elderberry Sambucus racemosa FACV VB
var. arborescens
Douglas spiraea Spiraea douglasii FACW WE,LB
var. douglasii
snowberry Symphoricarpos albus FACV VB
var. laevigatus
red huckleberry Vaccinium parviflorum NOL VB
viburnum Viburnum ellipticum NOL VB
Exhibit F to Ordinance No. [1]
Page 2
Herbaceous Plants Wetland
Indicator Site
Common Name Scientific Name Status Suitability
vanilla-leaf Achlys triphylla NOL. VB
baneberry Actaea rubra NOL VB
pathfinder Adenocaulon bicolor NOL VB
red columbine Aquilegia formosa FAC LB,VB
wild ginger Asarum caudatum NOL VB
wild aster Eurybia radulina (Aster radulinus) NOL VB
lady-fern Athyrium filix-femina FAC WE, LB, VB
American wintercress Barbarea orthoceras FACW+ LB
elegant brodiaea Brodiaea elegans FACV VB
harvest Brodiaea Brodiaea coronaria NOL VB
wood bittercress Cardamine angulata FACW LB,VB
spring beauty Cardamine nuttallii var. nuttallii NOL VB
miner's lettuce Claytonia perfoliata FAC VB
candyflower Claytonia sibirica FACW VB
tall larkspur Delphinium trolliifolium NOL VB
bleeding heart Dicentra formosa NOL VB
Hooker's fairy bells Prosartes hookeri NOL VB
Watson's willow herb Epilobium ciliatum var. watsonii FACW- WE,LB
Oregon fawn lily Erythronium oregonum NOL VB
large-leaf avens Geum macrophyllum FACW+ LB,VB
lowland cudweed Gnaphalium palustre FAC+ WE
Willamette valley gumweed Grindelia integrifolia FACW WE,LB
cow-parsmp Heracleum lanatum FAC VB
Pacific waterleaf Hydrophyllum tenuipes NOL VB
bog S1. John's-wort Hypericum anagalloides OBL SW, WE
tiger lily Lilium columbianum FAC VB
miniature lupine Lupinus polycarpus NOL VB
riverbank lupine Lupinus rivularis FAC LB,VB
skunk cabbage Lysichiton americanus OBL SW, WE
big smilacina Maianthemum racemosum FAC- VB
little smilacina Maianthemum stellatum FAC- VB
Oregon bigroot Marah oregan us NOL VB
western bluebell Mertensia platyphylla NOL VB
water montia Montia fontana OBL SW, WE
aquatic claytonia Montia linearis NOL LB,VB
small forget-me-not Myosotis laxa OBL SW,WE
small flowered nemophila Nemophila parviflora
var. nemophylla NOL VB
water-parsley Oenanthe sarmentosa OBL SW,WE
sweet cicely Osmorhiza berteroi NOL VB
w. yellow wood sorrel Oxalis suksdorfii NOL VB
sweet colt's-foot Petasites frigidus var. palmatus FACW LB
Exhibit F to Ordinance No. [1]
Page 3
woodland phacelia Phacelia nemoralis FACV VB
swordfern Polystichum munitum NOL VB
bracken fern Pteridium aquilinum FACV VB
self-heal Prunella vulgaris var. lanceolata FACV+ VB
white water buttercup Ranunculus aquatilis OBL SW,WE
woods buttercup Ranunculus uncinatus FAC VB
willow leaved dock Rumex salicifolius FACW WE
Pacific sanicle Sanicula crassicaulis NOL VB
yerba buena Satureja douglasii NOL VB
Idaho blue-eyed grass Sisyrinchium idahoense
var. idahoense FACW WE,LB
beautiful blue eyed grass Sisyrinchium bellum F ACW - VB
hedge-nettle Stachys mexicana FACW LB,VB
spnng queen Synthyris reniformis NOL VB
fringecups Tellima grandiflora NOL VB
western meadowrue Thalictrum occidentale F ACV VB
tall western meadowrue Thalictrum polycarpum NOL VB
piggy-back plant Tolmiea menziesii FAC LB
star- flower Trientalis latifolia FAC- VB
sessile trillium Trillium albidum NOL VB
western trillium Trillium ovatum ssp. ovatum NOL VB
inside-out flower Vancouveria hexandra NOL VB
American vetch Vicia americana NI WE,LB
woodland violet Viola glabella F ACW+ VB
Grasses. Sed2:es. Rushes Wetland
Indicator Site
Common Name Scientific Name Status Suitability
Sitka brome Bromus sitchensis NOL VB
Dewey's sedge Carex deweyana var. leptopoda FAC+ VB
Henderson's sedge Carex hendersonii NI LB
slough sedge Carex obnupta OBL SW,WE
sawbeak sedge Carex stipata var. stipata NOL WE,LB
needle spikerush Eleocharis acicularis OBL SW,WE
creeping spikerush Eleocharis palustris OBL SW,WE
blue wild-rye Elymus glaucus ssp. glaucus FACV VB
tall manna grass Glyceria striata F ACW+ WE,LB
meadow barley Hordeum brachyantherum FACW WE,LB
common rush Juncus effusus var. gracilis F ACW+ SW,WE
spreading rush Juncus patens FACW SW,WE
lacquered rush Juncus laccatus ? SW,WE
omon grass Mellica subulata NOL VB
Exhibit F to Ordinance No. [1]
Page 4
Key to Wetland Indicator Status
OBL = Obligate Wetland Plants. Under normal conditions, these plants almost always occur in
wetlands (estimated probability of wetland occurrence 99%).
F ACW = Facultative Wetland Plants. Under normal conditions these plants are usually found in
wetlands, but also may be found outside wetlands (estimated probability of wetland occurrence
67-99%)
F AC = Facultative Plants. Under normal conditions, these plants are found equally in wetlands and
non-wetlands (estimated probability of wetland occurrence 33-66%).
F ACU = Facultative Upland Plants. Under normal conditions, these plants are most likely to be found
in non-wetlands (estimated probability of wetland occurrence 1-33%).
UPL = Obligate Upland Plants. These plants are almost always found in non-wetlands, and are
expected to be found in wetlands less than 1 % of the time.
NOL = Not on U.S.F.W.S. wetland plant list.
Key to Site Suitability
SW = Shallow water
WE = Water's edge
LB = Lower bank
UB = Upper bank and terraces above the ordinary high water line
Wetland indicator status information is taken from:
"National List of Plant Species That Occur In Wetlands: Northwest (Region 9)," U.S. Fish and
Wildlife Service, May 1988; 1993 supplement.
Exhibit F to Ordinance No. [1]
Page 5
Part 2
NATIVE PLANT SPECIES FOR SITES AT OR BELOW 500 FEET IN ELEVATION WITIDN
THE EUGENE UGB
The plant species included in this list are species that grow and propagate themselves in the Eugene
area through natural processes, are adapted to the weather, soils and hydrology of the area, and have
evolved in the area or been introduced to the area by natural causes. These native plant species are
distinguished from plant species that have been deliberately or accidentally imported or introduced
from other areas by humans or human activities.
This list applies to all habitat types, including riparian, upland and wetland areas, below 500 feet in
elevation within the UGB, except within the West Eugene Wetlands Plan area, and within seasonal wet
prairie habitats (see Part 3). To meet Eugene Code requirements for native plants, these species are to
be used within the specified geographic area and elevation. Do not substitute alternate species. You
must use the specific species, subspecies or variety listed.
Wetland Indicator Status and Site Suitability information in the table below is intended as a guideline
for identifying suitable locations for plant species based on additional site characteristics, such as soils
and hydrology.
Trees
Common Name
grand fir
vine maple
Oregon bigleaf maple
white alder
red alder
incense-cedar
Pacific dogwood
Oregon ash
ponderosa pine
black cottonwood
Douglas- fir
Oregon white oak
California black oak
Pacific willow
western yew
western redcedar
Scientific Name
Abies grandis
Acer circinatum
Acer macrophyllum
Alnus rhombifolia
Alnus rubra
Calocedrus decurrens
Comus nutallii
Fraxinus latifolia
Pinus ponderosa
Populus balsamifera
ssp. trichocarpa
Pseudotsuga menziesii
var. menziesii
Quercus garryana var. garryana
Quercus kelloggii
Salix lucida
ssp. lasiandra
Taxus brevifolia
Thuja plicata
Exhibit F to Ordinance No. [1]
Wetland
Indicator
Status
NOL
FACU+
FACU
FACW
FAC
NOL
NOL
FACW
FACU
FAC
Site
Suitability
UB
VB
VB
LB, UB
LB,VB
VB
VB
LB,VB
VB
LB
NOL VB
NOL VB
NOL UB
F ACW+ WE,LB
FACU- UB
FAC UB
Page 6
Shrubs Wetland
Indicator Site
Common Name Scientific Name Status Suitability
serviceberry Amelanchier alnifolia F ACV VB
var. semiintegrifolia
tall Oregon grape Berberis aquifolium NOL VB
common buckbrush Ceanothus cuneatus NOL VB
Suksdorfs hawthorn Crataegus suksdorjii F AC VB
var. suksdorjii
red-osier dogwood Cornus sericea FACW WE,LB
California hazel Corylus cornuta NI VB
var. californica
ocean spray Holodiscus discolor NOL VB
osoberry/indian plum Oemleria cerasiformis NOL VB
mock -orange Philadelphus lewisii NOL VB
Pacific ninebark Physocarpus capitatus FAC+ WE,LB
chokecherry Prunus virginiana FACV VB
var. demissa
cascara buckthorn Rhamnus purshiana FAC? VB
straggly gooseberry Ribes divaricatum NI VB
red currant Ribes sanguineum NOL VB
baldhip rose Rosa gymnocarpa NI VB
Nootka rose Rosa nutkana NI LB,VB
blackcap Rubus leucodermis NOL VB
thimbleberry Rubus parviflorus FACV+ VB
salmonberry Rubus spectabilis FAC LB,VB
dewberry Rubus ursinus NOL VB
Columbia River willow Salix jluviatilis OBL SW,WE
Piper's willow Salix hookeriana (piperi) FACW LB
Scouler's willow Salix scouleriana FAC LB,VB
Sitka willow Salix sitchensis FACW WE, LB
blue elderberry Sambucus mexicana (cerulea) FAC- VB
red elderberry Sambucus racemosa FACV VB
var. arborescens
Douglas spiraea Spiraea douglasii var. douglasii FACW WE,LB
snowberry Symphoricarpos albus
var. laevigatus FACV VB
oval-leaved viburnum Viburnum ellipticum NOL VB
Exhibit F to Ordinance No. [1]
Page 7
Vines Wetland
Indicator Site
Common Name Scientific Name Status Suitability
wild clematis Clematis ligusticifolia FACD DB
orange honeysuckle Lonicera ciliosa NOL DB
hairy honeysuckle Lonicera hispidula NOL DB
Herbaceous Plants Wetland
Indicator Site
Common Name Scientific Name Status Suitability
vanilla-leaf Achlys triphylla NOL DB
baneberry Actaea rubra NOL DB
pathfinder Adenocaulon bicolor NOL DB
red columbine Aquilegia formosa FAC LB,DB
wild ginger Asarum caudatum NOL DB
lady-fern Athyrium filix-femina FAC WE, LB, DB
American wintercress Barbarea orthoceras F ACW+ LB
camas Camassia leichtlinii FACW- LB,DW
wood bittercress Cardamine angulata FACW LB, DB
spring beauty Cardamine nuttallii var. nuttallii NOL DB
small- flowered claytonia Claytonia parviflora NOL DB
miner's lettuce Claytonia perfoliata FAC DB
candyflower Claytonia sibirica FACW DB
tall larkspur Delphinium trolliifolium NOL DB
bleeding heart Dicentra formosa NOL DB
coastal shield fern Dryoptera arguta NOL DB
Watson's willow herb Epilobium ciliatum (watsonii) FACW- LB
Oregon fawn lily Erythronium oregonum NOL DB
large-leaf avens Geum macrophyllum FACW+ LB,DB
lowland cudweed Gnaphalium palustre FAC+ DB
Willamette valley gumweed Grindelia integrifolia FACW WE,LB
cow-parsmp Heracleum lanatum FAC DB
Pacific waterleaf Hydrophyllum tenuipes NOL DB
bog S1. John's-wort Hypericum anagalloides OBL SW,WE
tiger lily Lilium columhianum FAC DB
miniature lupine Lupinus polycarpus NOL DB
riverbank lupine Lupinus rivularis FAC DB
skunk cabbage Lysichiton americanus OBL SW,WE
big smilacina Maianthemum racemosa FAC- DB
little smilacina Maianthemum stellaum FAC- VB
Oregon bigroot Marah oregan us NOL DB
western bluebell Mertensia platyphylla NOL DB
water montia Montia fontana OBL SW,WE
Exhibit F to Ordinance No. [1]
Page 8
aquatic claytonia Montia linearis NOL LB,VB
small forget-me-not Myosotis laxa OBL SW,WE
small- flowered nemophila Nemophila parviflora
var. nemophylla NOL VB
water-parsley Oenanthe sarmentosa OBL SW,WE
sweet cicely Osmorhiza berteroi NOL VB
w. yellow wood sorrel Oxalis suksdorfii NOL VB
sweet colt's-foot Petasites frigidus FACW LB
var. palmatus
woodland phacelia Phacelia nemoralis FACV VB
swordfern Polystichum munitum NOL VB
Hooker's fairy bells Prosartes hookeri NOL VB
self-heal Prunella vulgaris var. lanceolata FACV+ VB
white water buttercup Ranunculus aquatilis OBL SW,WE
woods buttercup Ranunculus uncinatus FAC VB
western dock Rumex occidentalis FAC- VB
var. procerus
willow leaved dock Rumex salicifolius FACW WE
Pacific sanicle Sanicula crassicaulis NOL VB
yerba buena Satureja douglasii NOL VB
small- fruited bulrush Scirpus microcarpus OBL WE
Hitchcock's blue-eyed grass Sisyrinchium hitchcockii NOL VB
hedge-nettle Stachys mexicana FACW LB,VB
fringecups Tellima grandiflora NOL VB
western meadowrue Thalictrum occidentale FACV VB
tall western meadowrue Thalictrum polycarpum NOL VB
piggy-back plant Tolmiea menziesii FAC LB
star-flower Trientalis latifolia FAC- VB
sessile trillium Trillium albidum NOL VB
western trillium Trillium ovatum ssp. ovatum NOL UB
stinging nettle Urtica dioica FAC+ VB
inside-out flower Vancouveria hexandra NOL VB
American vetch Vicia americana NI WE,LB
woodland violet Viola glabella FACW+ VB
Grasses. Sede:es. Rushes Wetland
Indicator Site
Common Name Scientific Name Status Suitability
Dewey's sedge Carex deweyana var. leptopoda FAC+ VB
Henderson's sedge Carex hendersonii NI LB
green-fruited sedge Carex interrupta OBL SW,WE
slough sedge Carex obnupta OBL SW,WE
sawbeak sedge Carex stipata var. stipata NOL WE,LB
needle spikerush Eleocharis acicularis OBL SW,WE
Exhibit F to Ordinance No. [1]
Page 9
creeping spikerush
blue wild-rye
tall manna grass
meadow barley
taper-tip rush
three-stamen rush
common rush
shiny rush
pointed rush
spreading rush
slender rush
onion grass
Eleocharis palustris
Elymus glaucus ssp. glaucus
Glyceria striata
Hordeum brachyantherum
Juncus acuminatus
Juncus ensifolius
Juncus effusus
Juncus laccatus
Juncus oxymeris
Juncus patens
Juncus tenuis
Melica subulata
Key to Wetland Indicator Status
OBL
FACU
F ACW+
FACW
OBL
FACW
FACW+
NOL
FACW+
FACW
FAC
NOL
SW,WE
UB
WE,LB
WE,LB
SW,WE
WE,LB
SW,WE
SW,WE
SW,WE
SW,WE
LB
UB
OBL = Obligate Wetland Plants. Under normal conditions, these plants almost always occur in
wetlands (estimated probability of wetland occurrence 99%).
F ACW = Facultative Wetland Plants. Under normal conditions these plants are usually found in
wetlands, but also may be found outside wetlands (estimated probability of wetland occurrence
67-99%)
F AC = Facultative Plants. Under normal conditions, these plants are found equally in wetlands and
non-wetlands (estimated probability of wetland occurrence 33-66%).
F ACU = Facultative Upland Plants. Under normal conditions, these plants are most likely to be found
in non-wetlands (estimated probability of wetland occurrence 1-33%).
UPL = Obligate Upland Plants. These plants are almost always found in non-wetlands, and are
expected to be found in wetlands less than 1 % of the time.
NOL = Not on U.S.F.W.S. wetland plant list.
Kev to Site Suitability
SW = Shallow water
WE = Water's edge
LB = Lower bank
UB = Upper bank and terraces above the ordinary high water line
Wetland indicator status information is taken from:
"National List of Plant Species That Occur In Wetlands: Northwest (Region 9)," U.S. Fish and
Wildlife Service, May 1988; 1993 supplement.
Exhibit F to Ordinance No. [1]
Page 10
Part 3
NATIVE PLANT SPECIES FOR SITES IN THE WEST EUGENE WETLANDS PLAN AREA
AND IN SEASONAL WET PRAIRIE HABITAT IN OTHER GEOGRAPIDC AREAS
The plant species included in this list are species that grow and propagate themselves in the Eugene
area through natural processes, are adapted to the weather, soils and hydrology of the area, and have
evolved in the area or been introduced to the area by natural causes. These native species are
distinguished from plant species that have been deliberately or accidentally imported or introduced
from other areas by humans or human activities.
This list applies to sites within the West Eugene Wetlands Plan area and within wet prairie habitats
(e.g., in Westmoreland Park and Amazon Park). To meet Eugene Code requirements for native plants,
these species are to be used within the specified geographic area or elevation. Do not substitute
alternate species. You must use the specific species, subspecies or variety listed.
Wetland Indicator Status and Site Suitability information in the table below is intended as a guideline
for identifying suitable locations for plant species based on additional site characteristics, such as soils
and hydrology.
Trees Wetland
Indicator Site
Scientific Name Common Name Status Suitability
Fraxinus latifolia Oregon ash FACW BA,TW
Pinus ponderosa Ponderosa pine FACU- BA,TN
Populus trichocarpa black cottonwood FAC BA,TN
Pseudotsuga menziesii
var. menziesii Douglas- fir NOL TN
Quercus kelloggii California black oak NOL TN
Quercus garryana var.
garryana Oregon white oak NOL TN
Salix sitchensis Sitka willow FACW WE,BA
Salix scouleriana Scouler's willow FAC BA
Salix piperi Piper's willow FACW WE,BA
Salix lucida ssp. lasiandra Pacific willow F ACW+ WE,BA
Shrubs Wetland
Indicator Site
Scientific Name Common Name Status Suitability
Amelanchier alnifolia serviceberry FACU TN
var. semiintegrifolia
Exhibit F to Ordinance No. [1] Page 11
Berberis aquifolium tall Oregon-grape NOL TN
Corylus cornuta western hazelnut NI TN
Crataegus suksdorfii Suksdorfs hawthorn FAC BA,TN
}{olodiscusdiscolor ocean spray NOL TN
Lonicera hispidula hairy honeysuckle NOL TN
Oemleria cerasiformis indian plum NOL TN
Physocarpus capitatus Pacific ninebark FAC+ BA
Pyrus fusca western crab-apple FAC+ TN
Rhamnus purshiana cascara NI TN
Rosa nutkana Nootka rose NI TN
Rosa pisocarpa clustered wild rose FACU TN
Spiraea douglasii var. douglaii Douglas' spiraea FACW WE, BA, TW
Symphoricarpos albus common snowberry FACU TN
var. laevigatus
Viburnum ellipticum Oregon viburnum NOL TN
Herbaceaous Plants Wetland
Indicator Site
Scientific Name Common Name Status Suitability
Achillea millefolium common yarrow FACU TN
Alisma plantago-aquatica broad-leaf water-plantain OBL SW,WE
var. americana
Allium amplectens slimleaf onion NOL TN
Aster hallii Hall's aster FAC TN,TW
Bidens cernuua nodding beggar's-tick FACW+ WE,TW
Bidens frondosa leafy beggar's-tick FACW+ WE,TW
Boisduvalia densiflora dense spike-primrose FACW- WE
Brodiaea hyacinthina hyacinth brodiaea FACU TN
Brodiaea coronaria harvest brodiaea NOL TN
Callitriche heterophylla water-starwort OBL SW,WE
Camassia leichtlinii ssp.
Suksdorfii tall camas F ACW- TW
Camassia quamash
ssp. maximacommon camas FACW TW
Cardamine penduliflora Willamette Valley bittercress OBL SW, WE, TW
Cardamine nutallii slender toothwort NOL UB
var. nutallii
Claytonia sibirica candyflower FACW UB
Delphinium trolliifolium Columbia larkspur NOL TN
Downingia elegans common downingia OBL SW,WE
Epilobium paniculatum autumn willow-herb NOL TN
Eriophyllum lanatum woolly sunflower NOL TN
Eryngium petiolatum Oregon coyote-thistle OBL SW,WE
Geum macrophyllum large-leaved avens F ACW+ WE, BA
Exhibit F to Ordinance No. [1]
Page 12
Grindelia integrifolia Willamette valley gumweed FACW WE,BA
var. integrifolia
Heracleum lanatum cow-parsnip FAC BA,TN
Hydrocotyle ranunculoides floating marsh-pennywort OBL SW
Lasthenia glaberrima smooth lasthenia OBL SW
Lotus jormosissimus seaside lotus FACW+ WE
Lotus pinnatus bog lotus FACW SW,WE
Lotus purshianus spanish-clover NOL TN
Ludwigia palustris
var. pacifica water-purslane OBL SW,WE
Lupin us polyphyllus bigleaf lupine FAC+ BA, TN
Marah oregan us Oregon bigroot NOL TN
Microseris laciniata cut-leaved microseris NOL TN
Montia linearis narrow-leaved montia NOL TN
Myosotis laxa small-flowered forget-me-notOBL WE
Nuphar polysepalum pond lily OBL SW
Oenanthe sarmentosa water parsely OBL SW,WE
Osmorhiza chilensis sweet-cicely NOL TN
Perideridia gairdneri Gairdner's yampah FACU TN
Plagiobothrys figuratus fragrant popcorn-flower FACW SW,TW
Polygonum hydropiperoides waterpepper OBL SW, WE, TW
Polystichum munitum common sword fern NOL BA,TN
Potentilla gracilis var. gracilis slender cinquefoil FAC TN
Prunella vulgaris var. lanceolata self-heal FACU+ TN
Ranunculus uncinatus disappointing buttercup FAC BA
Ranunculus orthorhynchus straight-beak buttercup FACW- BA
Ranunculus occidentalis western buttercup FACW BA
Ranunculus aquatilis white water-buttercup OBL SW, WE, TW
Rorippia curvisiliqua western yellowcress F ACW+ WE,TW
Rubus ursinus Pacific blackberry NI TN
Rumex salicifolius willow-leaved dock FACW TW
Sanicula crassicaulis western sanicle NOL TN
var. crassicaulis
Saxifraga oregana Oregon saxifrage F ACW+ WE, BA
Sidalcea cusickii Cusick's checkermallow NOL WE
Sparganium emersum simple-stem bur-reed OBL SW, WE, TW
Stachys rigida rigid hedge-nettle FACW- BA
Tellima grandiflora fringecups NOL TN
Trillium albidum sessile trillium NOL TN
Typha latifolia broad-leaf cattail OBL SW,WE
Veratrum californicum tailed false-hellebore OBL SW,WE
var. caudatum
Veronica americana American speedwell OBL SW,WE
Veronica scutellata marsh speedwell OBL SW,WE
Wyethia angustifolia narrow-leaf wyethia FACU TN
Zigadenus venenosus death camas FAC TW,TN
Exhibit F to Ordinance No. [1] Page 13
var. venenosus
Grasses. Sede:es and Rushes Wetland
Indicator Site
Scientific Name Common Name Status Suitability
Agrostis exarata spike bentgrass FACW BA,TW
Alopecurus geniculatus water foxtail F ACW+ BA,TW
Beckmannia syzigachne American slough grass OBL SW, WE
Carex densa dense sedge OBL SW,WE
Carex deweyana var. leptopoda Dewey's sedge FAC+ BA, TW
Carex lanuginosa woolly sedge OBL SW, WE
Carex leporina hare sedge FAC BA,TW
Carex obnupta slough sedge OBL SW,WE
Carex unilatera/is one-sided sedge FACW WE,TW
Danthonia californica California oat grass FACU- TN
Deschampsia cespitosa tufted hairgrass FACW TW
Deschampsia danthonioides annual hairgrass FACW- TW
Deschampsia elongata slender hairgrass FACW- TW
Eleocharis acicularis needle spikerush OBL SW,WE
Eleocharis ovata ovoid spike-rush OBL SW,WE
Eleocharis palustris creeping spikerush OBL SW, WE
Elymus glaucus ssp. glaucus blue wildrye FACU TN
Glyceria occidenta/is western mannagrass OBL SW,WE
Hordeum brachyantherum meadow barley FACW WE,TW
Juncus acuminatus tapered rush OBL SW, WE
Juncus articulatus jointed rush OBL SW,WE
Juncus nevadensis Sierra rush FACW WE, TW
Juncus oxymeris pointed rush FACW+ WE,TW
Juncus patens spreading rush FACW WE,TW
Juncus tenuis var. tenuis slender rush FAC BA,TW
Koeleria cristata Junegrass NOL TN
Panicum occidentale western witchgrass FACW WE, TW
Scirpus validus softstem bulrush OBL SW,WE
Key to Wetland Indicator Status
OBL = Obligate Wetland Plants. Under normal conditions, these plants almost always occur in
wetlands (estimated probability of wetland occurrence 99%).
F ACW = Facultative Wetland Plants. Under normal conditions these plants are usually found in
wetlands, but also may be found outside wetlands (estimated probability of wetland occurrence
67-99%)
Exhibit F to Ordinance No. [1]
Page 14
F AC = Facultative Plants. Under normal conditions, these plants are found equally in wetlands and
non-wetlands (estimated probability of wetland occurrence 33-66%).
F ACU = Facultative Upland Plants. Under normal conditions, these plants are most likely to be found
in non-wetlands (estimated probability of wetland occurrence 1-33%).
UPL = Obligate Upland Plants. These plants are almost always found in non-wetlands, and are
expected to be found in wetlands less than I % of the time.
NOL = Not on U.S.F.W.S. wetland plant list.
Key to Site Suitability
SW = Shallow water
WE = Water's edge
BA = Bank
TW = Top of Bank, wetland (e.g., where prairie wetlands exist adjacent to a stream or channel)
TN= Top of Bank, non-wetland
Wetland indicator status information is taken from:
"National List of Plant Species That Occur In Wetlands: Northwest (Region 9)," U.S. Fish and
Wildlife Service, May 1988; 1993 supplement.
Exhibit F to Ordinance No. [1]
Page 15
Part 4
NON-NATIVE, INVASIVE PLANT SPECIES KNOWN OR LIKELY TO OCCUR WITHIN THE
EUGENE URBAN GROWTH BOUNDARY
The plant species included in this list are species that have been deliberately or accidentally imported
or introduced from other areas by humans or human activities. In addition, these species escape from
cultivated settings and spread aggressively into natural areas, and are capable of displacing large areas
of native vegetation. These non-native, invasive plant species are distinguished from those native
species that grow and propagate themselves in the Eugene area through natural processes, are adapted
to the weather, soils and hydrology of the area, and have evolved in the area or been introduced to the
area by natural causes.
This list applies to all habitat types within the Eugene Urban Growth Boundary. To meet Eugene Code
requirements for removal of non-native, invasive plants, you must remove the specific species,
subspecies or variety listed.
Scientific Common Notes Reference
Name Name
Acer Norway maple Invasive tree spreading into forested natural areas 1
platanoides around town including Skinner's Butte.
Aesculus horsechestnut Populations have been found in south end of 1
hippocastanum Hendricks Park and this species is known to be
problematic in other cities.
Ailanthus tree-of-heaven Invasive tree that is problematic in City parks, alleys, 1,3
altissima and undeveloped property. This species is capable of
becoming established through cracks in concrete.
Alliaria garlic mustard One of the most invasive forest under story plants in 1,4
petiolata the east and Midwest, starting to establish in the
Seattle area. Documented as present in Portland and
Eugene
Anchusa azure a anchusa; Exploding in large patches roadside and in woods in 1, 3
common western Benton County. Also known recently from
bugloss Lane and Clackamas counties.
Arum italicum Arum While it appears to be moved primarily by humans, it 1
occasionally is found away from human activity areas.
Once established, it is extremely difficult to remove.
Betula
pendula/pubesc
European birch This species is spreading rapidly along waterways and 5
is now established along the entirety of Amazon
Creek from near its headwaters to Fern Ridge
Exhibit F to Ordinance No. [1]
Page 16
ens Reservoir.
Brachypodium false-brome Highly invasive grass rapidly spreading through 1,3,4
sylvaticum forests and along rivers in our area in numerous
places including Alton Baker Park. It has the potential
to permanently alter the forest under story, as it out-
competes most other species and no control is known.
Buddleia fountain Both butterfly bushes displace native willows which 1,4
alternifolia, butterfly bush are essential host plants for native butterflies.
Buddleia davidii
Clematis vitalba traveler's-joy Invasive climber comparable to English ivy is a 1,3,4
problem in areas of Portland and Seattle. Currently
appearing in several areas along the Willamette River
with large populations established on Skinner Butte.
Cotoneaster cotoneaster Occurring in native prairies and woodland edges. 1
franchettii (Cotoneaster franchetti, C. horizontalis, C. parneyi,
etc. Best to avoid all cotoneasters.)
Cotoneaster cotoneaster Occurring in native prairies and woodland edges. 1
horizontalis (Cotoneaster franchetti, C. horizontalis, C. parneyi,
etc. Best to avoid all cotoneasters.)
Crataegus English This species is well established and spreading rapidly 1,3,4
monogyna hawthorn into woodlands and prairies throughout town. It
interbreeds with the native hawthorn creating hybrids
that are difficult to accurately identify.
Cynoglossum common This common garden species has escaped and appears 2,3
officinale houndstongue regularly in several City parks, along waterways and
in unimproved alleys.
Cytisus French broom This species is a serious problem in CA and OR south 1, 2, 3, 4
monspessulana coast and is now appearing in Eugene
Cytisus Scot's broom Dense populations established along the Willamette, 1,2,3,4
scoparius in the south hills, throughout the West Eugene
Wetlands, along roadways and railways and in several
city parks. A void use of all brooms.
Daphne spurge laurel Spread by birds into forested areas throughout town. 1,3
laureola
Digitalis foxglove This common and attractive garden wild flower 1, 3
purpurea escapes easily and forms dense populations. It is
becoming well established in some areas along the
Willamette River.
Exhibit F to Ordinance No. [1]
Page 17
Genista broom This species is a serious problem in CA and along the
monspessulana south OR coast. Now beginning to appear in Eugene.
Geranium shining Beginning to dominate forest understories in south 1
lucidum crane's-bill Eugene.
Geranium herb robert Dominates forest understories in several areas in 1,3,4
robertianum Eugene including Hendrick's park. This species is
spreading rapidly throughout town.
Glecoma ground ivy; Can become a dominant plant in moist, shady riparian
hederacea creepmg areas.
Charlie
Hedera helix English ivy Spreads vegetatively in forested and open areas. Seeds 1,2,3,4
spread mostly by exotic birds including starlings. This
species is an extensive and widespread problem
throughout Eugene, especially in forested areas and
along the Willamette River.
Hypericum St. John's wort This species invades meadows, trailsides, roadsides, 1,2,3,4
perforatum and other areas throughout town.
Ilex aquifolium English holly Spread by birds and appears regularly in forest 1,3
understories throughout town.
Iris yellow flag iris Forms mono cultures in wetlands. This species has I, 3
pseudoacorus established in Bertelsen Slough, Amazon Creek, Flat
Creek, Spring Creek and along the Willamette River.
Juniperus eastern Birds eat berries and spread seeds. I
virginiana redcedar
Lamiastrum Yellow Primarily spread by humans. Very aggressive, I
galeobdolan archangel primarily moving out from landscaped areas. Has
escaped in Springfield, Corvallis, and in Seattle,
where a botanist says it "covers hillsides."
Lathyrus sp. latifolius Well-established, primarily along roadsides and I
sweet, hedgerows, large population on Chamber's connector.
perennial or Listed in "Weeds of the West"
everlasting pea
Leucanthemum oxeye daisy This species is common in commercial "wildflower 1,3,4
vulgare mixes". It has become widely established in meadows
in West Eugene, Amazon Park, and along roadsides
and mowed waterways. Formerly Chrysanthemum
leucanthemum.
Exhibit F to Ordinance No. [I]
Page 18
Ligustrum common privet Birds eat fruits and spread plants into woods and 1
vulgare prairies.
Linaria vulgaris yellow Roadside weed expanding into prairies. 1,2,3,4
toadflax
Lotus birdsfoot Sold in pasture mixes. This species has invaded 1,3
corniculatus trefoil wetland areas throughout town including most
drainage channels.
Lunaria annua honesty; Invasive in forest understories. 1
money plant
Lysimachia moneywort Regular dominant of riparian wetlands in our areas, 1
nummularia both in sun and shade.
Lythrum purple This species forms mono cultures in wetlands and is a 1,2,3,4
salicaria loosestrife species of national concern. Although not yet
widespread, populations have been found in Amazon
Creek and Willamette River and appear to be
expanding.
Melissa lemon balm Widespread weed in native prairies and openings in 1
officinalis woods.
Mentha Mentha Forms large mono cultures in emergent wetlands in 1
pulegium pulegium West Eugene, displacing native wetland plants.
Myriophyllum Eurasian Includes water-milfoils. Myriophyllum aquaticum 1,2,3,4
spicatum watermilfoil (M. brasiliense; parrot's feather) and M. spicatum
(Eurasian milfoil) are common aquatic species in
waterways and ponds throughout Eugene.
Myosotis common Can dominate forest understories, especially openings 1
scorpioides forget-me-not and on edges.
Myriophyllum parrot's This genus of floating aquatic plants includes the 1
ssp. feather, et. al. water milfoils. Myriophyllum aquaticum (parrot's
feather) is the major offender, and Myriophyllum
spicatum (Eurasian milfoild) is also very damaging.
Phalaris Harding grass This wetland species is found in slightly drier 1,3,4
aquatica conditions than P. arundinacea. While populations are
not yet as widespread as P. arundinacea, populations
are rapidly expanding.
Phalaris reed This species forms dense monocultures and is one of 1,3,4
arundinacea canary grass the most widespread species in all types of wetlands
Exhibit F to Ordinance No. [1] Page 19
throughout Eugene. It permanently and dramatically
effects ecosystems where it has become established.
This species is still sold commercially.
Polygonum Japanese This species forms riparian monocultures. This 1,2,3
cuspidatum (and knotweed species is not yet common in Eugene but populations
related species are becoming more common and larger. It is already a
and hybrids) significant problem in the Portland and Seattle areas.
A void all the large knotweeds.
Populus alba white poplar This species spreads rapidly via suckers and is 3
difficult to remove once established. It also quickly
becomes a hazard tree as the brittle branches are
prone to breakage. This species is found is several
City parks including Alton Baker Park.
Prunus avium sweet cherry This species is spread by birds into forested areas and 1,3,4
is a quite common understory invader in forested
areas throughout Eugene.
Prunus thundercloud Grafted species and rootstocks that sucker and flower, 1
cerasifera plum produce fruit which is spread easily by birds. This
species is appearing in prairie areas in West Eugene
and woodland edges throughout town.
Prunus plum Not as invasive as P. avium. 1
domestica
Prunus English laurel This common hedge evergreen is spread by birds and 1, 3
laurocerasus appears regularly in forested understories, especially
at Skinner Butte, Morse Ranch, and Hendricks Park.
Prunus Portugal laurel Similar to P. laurocrasus, this species appears 1
lusitanica regularly in forest understories.
Prunus mahaleb mahaleb cherry Birds spread seeds of this species, which is common 3
in the understories of forested areas and woodland
edges throughout town.
Pueraria kudzu While populations have not been found in Eugene, 1,2,4
montana var. two occurrences have been noted in the Willamette
lobata Valley. This species has devastated plant communities
in southern and eastern states.
Pyracantha spp. fire thorn Birds eat fruits and spread plants into prairies. P. 1
angustifolia, P. coccinea, et al.
Pyrus communis pear This species appears occasionally in prairie areas and 5
shrub/scrub communities throughout town.
Exhibit F to Ordinance No. [1]
Page 20
Ranunculus lesser Highly invasive in Hendricks Park and Mt. Pisgah 1
jicaria celandine Arboretum. Once established populations are
extremely difficult to control.
Ranunculus creepmg This species is allelopathic. It forms large 1
repens buttercup monocultures, especially in moist areas. It is common
in many of our parks including Tugman Park.
Robinia black locust Widely escaped east of Cascades, beginning to 1,3
pseudoacacia naturalize on West Side (Portland area, Benton
County, Lane County.) This species can form
woodland monocultures.
Rorippa watercress Chokes out small waterways on the valley floor. 1,3
nasturtium-
aquaticum
Rosa eglanteria sweet-briar This species easily invades prairie areas and is 1,3
common throughout town especially in West Eugene.
Rosa multiflora multiflowered This species, similar to R. eglantaria, is a common 1
rose problem in west Eugene wetlands and Fern Ridge
Wildlife Area.
Rubus Himalaya or One of the most widespread exotic species in the 1,3,4
armeniacus Armenian Pacific Northwest. Populations are well established in
(discolor) blackberry all plant communities throughout Eugene.
Rubus evergreen Not as invasive as R. armeniacus, but still forms 1, 3
laciniatus blackberry dense clumps.
Sorb us European Appearing in west Eugene wetlands and uplands. 1,3
aucuparia mountain-ash Birds spread seed.
Ulex europeaus gorse A massive problem on the OR coast, now beginning 1
to appear in the Willamette Valley. Extremely
difficult to remove.
Vinca major periwinkle; Mostly near old homesites -- they appear to spread 1
vmca vegetatively only. Completely dominates understories.
Vinca minor periwinkle; Mostly near old homesites -- they appear to spread 1, 3
vmca vegetatively only. Completely dominates understories.
Exhibit F to Ordinance No. [1]
Page 21
References:
1. Invasive Gardening and Landscaping Plants ofthe Southern Willamette Valley, Native Plant
Society of Oregon, Emerald Chapter, updated April 2002.
2. Oregon's Quarantine Against Noxious Weeds, Oregon Department of Agriculture, from
http://www.oda.state.or.us/Plant/Weed_ control/NoxWeedQuar.pdf accessed on 04/1 0102.
3. Draft of Exotic Pest Plants of Greatest Ecological Concern in Oregon and Washington; May 23
1997, The Pacific Northwest Exotic Pest Council, from http://www.wnps.org/eppclet.html
accessed on 04/10102,
4. NW Oregon most harmful invasive plant species list: based on information provided at & before
the October 10, 2001 meeting in Salem BLM, Bureau of Land Management, Salem District,
2001.
5. City of Eugene staff recommendation based on resources required to remove species from parks,
open spaces and waterways.
Exhibit F to Ordinance No. [1]
Page 22
ATTACHMENT B
NO.2
9/01/05
ORDINANCE NO.
AN ORDINANCE UPDATING THE GOAL 5 INVENTORY WITHIN THE
EUGENE URBAN GROWTH AREA; ADOPTING THE GOAL 5 WATER
RESOURCES CONSERVATION PLAN WITHIN THE EUGENE URBAN
GROWTH AREA; REPEALING ORDINANCE NO. 20295; AMENDING
SECTION 9.7810 OF THE EUGENE CODE, 1971; ADOPTING A
SEVERABILITY CLAUSE; AND PROVIDING EFFECTIVE DATES.
The City Council of the City of Eugene finds that:
A. Statewide Planning Goal Five requires local governments to protect
significant riparian corridors, upland wildlife habitat and wetlands. In order to conserve
these resources and the biological systems they contain and support, this Ordinance
adopts provisions to conserve the physical resources and also protect the water quality
within the resource areas as a fundamental and essential requirement for continued
survival of these biological systems.
B. Ordinance No. 20295, adopted by the Council and approved by the Mayor on
July 28, 2003, adopted as Exhibit A to that Ordinance, a list of criteria for use in
determining the significance of riparian corridor sites and upland wildlife habitat sites for
purposes of updating the Goal 5 inventory within the Eugene Urban Growth Area. The
list of criteria is now more appropriately located in the Goal 5 Water Resources
Conservation Plan.
C. Exhibit B to Ordinance No. 20295 is a list and a map, both entitled "Goal 5
Riparian and Upland Wildlife Habitat Sites Within the Eugene Urban Growth Boundary."
The list and map, which updated the inventory of significant riparian corridor sites and
upland wildlife habitat sites based on the criteria listed in Exhibit A to Ordinance No.
20295, are now more appropriately included in the Goal 5 Water Resources
Conservation Plan. Further, updates to the list and map are needed to more accurately
depict the location and/or acreage of some of the riparian corridor and upland wildlife
habitat sites and to remove from the inventory a portion of site E-76, which an order of
the Land Conservation and Development Commission determined had not been
demonstrated to meet the definition of a riparian area under Oregon Administrative
Rules.
D. The City has conducted, and the Oregon Division of State Lands (DSL) has
approved, a local wetlands inventory (LWI) using the standards and procedures of OAR
141-086-0110 et seq. The City has determined which wetlands on the LWI are
"significant wetlands" for purposes of Statewide Planning Goal 5 using the criteria
adopted by DSL for that purpose (OAR 141-086-0350). The City is required to adopt an
inventory of these significant wetlands.
Ordinance - 1
NO.2
9/01/05
E. In addition to the inventories of riparian, upland wildlife habitat and wetland
sites referred to above, the following inventories make up the entire inventory of
significant Goal 5 resources within the City of Eugene Urban Growth Boundary: the
April 12, 1978 Sand and Gravel Working Paper, the April 12, 1978 Scenic Sites Working
Paper, the April 12, 1978 Willamette River Greenway Working Paper, the April 12, 1978
Archeological Sites Working Paper, the December 1, 1976 list of historic land marks,
and the West Eugene Wetlands Plan.
NOW, THEREFORE,
THE CITY OF EUGENE DOES ORDAIN AS FOllOWS:
Section 1. Ordinance No. 20295 is repealed, as of the effective date of this
Ordinance as set out in Section 7. This repeal, however, does not affect the validity of
any actions taken pursuant to the provisions of that Ordinance.
Section 2. The Goal 5 Water Resources Conservation Plan attached as Exhibit A
hereto, is hereby adopted as a refinement of the Eugene-Springfield Area Metropolitan
Area General Plan for those areas that, as of the date this Ordinance is passed by the
City Council, are located outside the city limits and within the urban growth boundary of
the City of Eugene ("the Eugene Urban Growth Area").
Section 3. As they pertain to the Eugene Urban Growth Area, the following
Exhibits are adopted as findings in support of this Ordinance: (a) Conflicting Uses and
ESEE analysis attached as Exhibit B; (b) the Eugene Local Wetland Inventory, attached
as Exhibit C; and (c) the list of properties within the Urban Growth Area to which the
/WR Overlay Zone should be applied upon annexation, attached hereto as Exhibit D.
Section 4. Section 9.7810 of the Eugene Code, 1971, is amended by adding a
new Subsection (4), to provide:
9.7810
Chanaes in Zone. Properties annexed to the city shall be automatically changed
from county zoning to the equivalent city zone, as shown in Table 9.7810 Equivalent
Zones and Overlay Zones, unless one or more of the following apply.
(4) The property was identified on Exhibit D to Ordinance No. [2] as one to
which the /WR Water Resources Conservation Overlay Zone should be
applied upon annexation, in which case the property's zoning will
automatically be changed to include the /WR Overlay Zone.
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, that portion shall be deemed a separate, distinct, and independent provision
and that holding shall not affect the validity of the remaining portions of this Ordinance.
Ordinance - 2
NO.2
9/01/05
Section 6. Although not part of this Ordinance, the City Council adopts the
Legislative Findings set forth in the attached Exhibit E in support of this action.
Section 7. Except as provided in Section 8, notwithstanding the effective date of
ordinances as provided in the Eugene Charter of 2002, this Ordinance shall become
effective upon the date that both of the following have occurred: (a) the ordinance has
been acknowledged, and (b) at least 30 days have passed since the date the ordinance
was approved. The City will not administer or enforce the Goal 5 protection measures
adopted herein for areas outside of the City limits until Lane County has adopted the
refinement plan and code amendments set out herein and in Ordinance No. [1], and has
applied the IWR Water Resources Conservation Overlay Zone to properties located
within the Eugene Urban Growth Area.
Section 8. The amendment to Section 9.7810 of the Eugene Code, 1971 set out
in Section 4 of this Ordinance shall become effective upon the date that Ordinance No.
[1] takes effect.
Passed by the City Council this
Approved by the Mayor this
_ day of
,2005
_ day of
,2005
City Recorder
Mayor
Ordinance - 3
Exhibit A to Ordinance No. [2]
GoalS Water Resources Conservation Plan
Exhibit A for Ordinance No. [2] is identical to the revised Exhibit A for Ordinance No. [1] and is
not duplicated here. See Ordinance No. [1].
Exhibit B to Ordinance No. [2]
Conflicting Uses and ESEE Analysis
Exhibit B for Ordinance No. [2] is identical to the revised Exhibit B for Ordinance No. [1]
and is not duplicated here. See Ordinance No. [1].
Exhibit C to Ordinance No. [2]
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 to Ordinance No. [2]
List of Properties to Which the /WR Overlay Zone
Should be Applied Upon Annexation
This exhibit, fully reproduced here, is the same as it appeared in the City Council's
September 21,2005 packet at pages 655 - 663.
Exhibit D to Ordinance No. (2)
List of Properties to Which the /WR Overlay Zone
Should be Applied Upon Annexation
Part I - Properties entirely outside Eugene city limits and within the Eugene Urban Growth Boundary
subject to addition of the /WR Water Resources Conservation Overlay Zone upon annexation to the
city of Eugene:
Assessor's City/County/
Map/Tax Lot # Partial
1604320000201 county
1604353001401 county
1604353404600 county
1604353404700 county
1604353404800 county
1604354400200 county
1604354401600 county
1604354401700 county
1604354401800 county
1604354401900 county
1604360000900 county
1704010008500 county
1704012203800 county
1704012203900 county
1704012204000 county
1704012204100 county
1704012300800 county
1704013100328 county
1704013100329 county
1704013100330 county
1704013100331 county
1704013200100 county
1704013303801 county
1704013303802 county
1704013304300 county
1704013304600 county
1704013304700 county
1704013304800 county
1704013304900 county
1704013305000 county
1704013305100 county
1704013305200 county
1704021200416 county
1704021200417 county
1704021200419 county
1704021200420 county
1704021200421 county
1704021200500 county
1704021200501 county
1704022100300 county
1704022100400 county
1704022100600 county
1704022100700 county
1704022100800 county
1704022100900 county
1704022101100 county
1704022101201 county
1704022101500 county
1704022101901 county
1704022101902 county
1704022101903 county
1704022200500 county
1704022200600 county
1704022200700 county
1704022200800 county
1704022200900 county
1704022201100 county
1704022201200 county
1704022205700 county
1704022205800 county
1704022300100 county
1704022300200 county
1704022300300 county
1704022300400 county
1704022300500 county
1704022300600 county
1704022303600 county
1704022303700 county
1704022303701 county
1704022303800 county
1704022304000 county
1704022304100 county
1704022304200 county
1704022304300 county
1704022304400 county
1704022304500 county
1704022304600 county
1704022304700 county
1704022304800 county
1704022304900 county
1704022305000 county
1704022305100 county
1704022305200 county
1704022305400 county
1704022305500 county
1704022305600 county
1704022305700 county
1704022403000 county
1704022403100 county
1704022403200 county
1704022403300 county
1704022403400 county
1704022403500 county
1704022403600 county
1704022403700 county
1704023001700 county
1704023001800 county
1704023001900 county
1704023002000 county
1704023002100 county
1704023002200 county
1704023002300 county
1704023002400 county
1704023002500 county
1704023002601 county
1704023002606 county
Exhibit D - 1
1704023002607 county
1704023002608 county
1704023002609 county
1704023002614 county
1704023005500 county
1704023005501 county
1704023005502 county
1704023005505 county
1704023005506 county
1704023005507 county
1704023005508 county
1704023005513 county
1704023005514 county
1704023005515 county
1704023005516 county
1704023005519 county
1704023005520 county
1704023005521 county
1704023005522 county
1704023005530 county
1704023005531 county
1704023005532 county
1704023005533 county
1704023005534 county
1704023005535 county
1704023101500 county
1704031301900 county
1704031302000 county
1704031302100 county
1704031302200 county
1704031304000 county
1704031304100 county
1704033400200 county
1704033400300 county
1704034002852 county
1704034002857 county
1704034002860 county
1704034003001 county
1704034003302 county
1704034003308 county
1704034003309 county
1704034003310 county
1704034003311 county
1704034003312 county
1704034003313 county
1704034003326 county
1704034003327 county
1704034003328 county
Exhibit D - 2
1704034003329 county
1704034003330 county
1704034003331 county
1704034003332 county
1704034003333 county
1704034003334 county
1704034010900 county
1704034010901 county
1704034010903 county
1704034204800 county
1704034204900 county
1704034205300 county
1704034205400 county
1704034205500 county
1704034205600 county
1704034205700 county
1704034206200 county
1704034206400 county
1704034206500 county
1704034206600 county
1704034206800 county
1704034206900 county
1704034207000 county
1704034207800 county
1704034207900 county
1704034208000 county
1704040000503 county
1704040000801 county
1704040000902 county
1704040001000 county
1704040002102 county
1704040002103 county
1704040002104 county
1704040002200 county
1704044200100 county
1704044200200 county
1704044200900 county
1704044201000 county
1704044400500 county
1704044400700 county
1704050000100 county
1704091100100 county
1704091100200 county
1704100004500 county
1704101206101 county
1704101206121 county
1704101206122 county
1704101206126 county
1704101206127 county
1704101300066 county
1704101303500 county
1704101"304204 county
1704101304205 county
1704101304206 county
1704101304301 county
1704101304800 county
1704101400066 county
1704101402000 county
1704101402100 county
1704101402200 county
1704101402300 county
1704101402400 county
1704101402500 county
1704101403400 county
1704101403500 county
1704101403900 county
1704101406500 county
1704102201900 county
1704102201901 county
1704102202400 county
1704102202402 county
1704102202501 county
1704102202600 county
1704102401800 county
1704102401900 county
1704102402000 county
1704103100100 county
1704104100501 county
1704104100601 county
1704104100602 county
1704104100603 county
1704104100604 county
1704104100605 county
1704104100606 county
1704104102400 county
1704104102500 county
1704104102700 county
1704104102800 county
1704104102900 county
1704104103000 county
1704104103100 county
1704104203400 county
1704112100312 county
1704112100316 county
1704112100317 county
1704112100318 county
1704112100319 county
1704112100322 county
1704112100323 county
1704112100324 county
1704112200103 county
1704112200104 county
1704112200105 county
1704112200112 county
1704112200113 county
1704112200114 county
1704112200115 county
1704112200116 county
1704112200117 county
1704112200118 county
1704112200119 county
1704112200120 county
1704112200125 county
1704112200126 county
1704112200131 county
1704112200318 county
1704112200319 county
1704112200320 county
1704112200322 county
1704112200323 county
1704112200908 county
1704112200909 county
1704112200911 county
1704112200912 county
1704122000401 county
1704122000417 county
1704122000418 county
1704122000422 county
1704122000423 county
1704122000428 county
1704122000429 county
1704122000430 county
1704122000449 county
1704122000500 county
1704122000501 county
1704122000600 county
1704122000801 county
1704122000900 county
1704122000901 county
1704122002300 county
1704122002400 county
1704122002501 county
1704122002600 county
1704122002700 county
Exhibit D - 3
1704122003701 county
1704133100102 county
1704133100103 county
1704133100104 county
1704133100105 county
1704133100106 county
1704133100107 county
1704133100108 county
1704133100109 county
1704133100344 county
1704133100346 county
1704133100347 county
1704133100348 county
1704133100349 county
1704133100350 county
1704133100351 county
1704133100352 county
1704133400401 county
1704133400402 county
1704133403200 county
1704133404400 county
1704142100101 county
1704142200088 county
1704142202212 county
1704142202229 county
1704142202230 county
1704142202231 county
1704142202232 county
1704142202234 county
1704142202235 county
1704142202238 county
1704142202239 county
1704142202240 county
1704142202241 county
1704142202242 county
1704142202243 county
1704142301303 county
1704142301400 county
1704142301602 county
1704142301700 county
1704142301800 county
1704143203800 county
1704151000201 county
1704151000501 county
1704151000503 county
1704151400100 county
1704151400200 county
1704152301400 county
1704154101700 county
1704154101800 county
1704154102000 county
1704154102300 county
1704200002400 county
1704200002700 county
1704200002800 county
1704200002900 county
1704200003000 county
1704204211000 county
1704231206600 county
1704231206700 county
1704231206900 county
1704231207100 county
1704231207101 county
1704231207102 county
1704231207103 county
1704231207600 county
1704231300102 county
1704231300119 county
1704232000088 county
1704232000115 county
1704232000199 county
1704232000304 county
1704232000305 county
1704232001102 county
1704232001104 county
1704232001205 county
1704232001207 county
1704232002000 county
1704232204800 county
1704232204900 county
1704232205000 county
1704232205100 county
1704232205400 county
1704232205500 county
1704232205600 county
1704232205700 county
1704232205800 county
1704232206000 county
1704232206100 county
1704232206200 county
1704232206900 county
1704232207000 county
1704232207100 county
1704232207200 county
1704232207400 county
1704232207600 county
1704232207700 county
1704241300200 county
1704241300600 county
1704242104500 county
1704242400100 county
1704242400200 county
1704244200200 county
1704290001200 county
1704290001300 county
1704290001301 county
1704290001504 county
1704290001506 county
1704291100700 county
1704291100800 county
1704291100900 county
1704291101000 county
1704291101100 county
1704291300100 county
1803031301000 county
1803044300500 county
1803092000100 county
1803092000303 county
1803100000702 county
1803182200600 county
1803200003100 county
1803200003300 county
1803200004208 county
1803202301300 county
1803210001300 county
1804030004603 county
1804030004604 county
1804030004608 county
1804030004800 county
1804030005000 county
1804030005100 county
1804030005105 county
1804030005106 county
1804030006500 county
1804030006600 county
1804040001311 county
1804040001316 county
1804040002300 county
1804100000500 county
1804100000501 county
1804100000502 county
1804100000503 county
1804100000506 county
1804100000600 county
Exhibit D - 4
1804100000601
1804130003506
county
county
Part II - Properties partially within Eugene city limits subject to addition of
IWR Water Resources Conservation Overlay Zone for that portion of parcel outside Eugene city
limits upon annexation to the city of Eugene:
Assessor's
Ma /Tax Lot #
1604354400100
1704012200100
1704100001490
1704100001491
1704100001492
1704151002500
1704152301626
1704154101900
1704200002000
1704232004201
1704290001201
1704290002901
1704291300101
1803100000701
1803182200700
1803210001400
City/County
/Partial
artial
artial
artial
artial
artial
artial
artial
artial
artial
artial
artial
artial
artial
artial
artial
artial
Part III - Property outside oftax-Iotted parcels subject to addition of /WR Water Resources
Conservation Overlay Zone outside Eugene city limits:
Descri tion
Site E57, between River Loo 1 and the Eu ene Urban Growth Bounda
Site E60, north of 1-105 at Northwest Ex resswa
Site E69, between Park Avenue and Audel Avenue
Acres
0.45
1.23
1.04
Ma #
1
2
3
Exhibit D - 5
Exhibit E to Ordinance No. [2]
Legislative Findings
This exhibit, fully reproduced here, is the same as it appeared in the City Council's
September 21,2005 packet at pages 666 - 674.
Exhibit E
Legislative Findings
to Ordinance No. -ID
Adoption of New Refinement Plan The following criteria are applicable to the adoption of
a new refinement plan.
(1) The refinement plan amendment is consistent with the Statewide planning goals.
Goal 1 Citizen Involvement: To develop a citizen involvement program that insures the
opportunity for citizens to be involved in all phases of the planning process.
The City has acknowledged provisions for citizen involvement that ensure the opportunity for
citizens to be involved in all phases of the planning process and set out requirements for such
involvement. The action taken did not amend the citizen involvement program. The process for
adopting these amendments complied with Goal 1 since it complied with, and surpassed the
requirements of, the citizen involvement provisions.
The City of Eugene land use code implements Statewide Planning Goal 1 by requiring that
notice of the proposed amendments be given and public hearings be held prior to adoption.
The process for adopting a Goal S Inventory for the area within the Eugene Urban Growth
Boundary has provided numerous opportunities for citizen involvement. A public involvement
plan for the GoalS process was reviewed and approved by the Joint Planning Commission
Committee in May, 2000. In June 2000, two public workshops were held to provide an overview
of the GoalS process for Springfield, Eugene and Lane County within the Metro Plan boundary.
In April 2001, a public workshop has held to review the draft inventory and significance criteria
for Springfield, Eugene and Lane County within the Metro Plan boundary. On December 17,
2002, a public hearing was held before the Eugene Planning Commission on the Goal S
inventory of riparian and upland wildlife habitat sites within the urban growth boundary. All
owners of affected and adjacent properties were notified, in addition to a large list of interested
parties. The Eugene Planning Commission opened the public record for additional written
comments from February 3, 2003 to February 7, 2003 and from March 17,2003 to March 28,
2003. The Eugene Planning and Development Department staffheld a public information
meeting on May 21,2003 on the status of the Goal S inventory. On June 9, 2003 a public
hearing was held before the Eugene City Council. In addition to public meetings and mailed
notices, printed materials related to these proceedings were made available at Planning and
Development Department offices and via the City's Internet site prior to each meeting. The
inventory that was adopted through the process described above was the groundwork for the
updated inventory that is a part of the ordinance now being considered.
Consideration of this ordinance began with a Eugene Planning Commission public hearing on
May 10, 200S. Department of Land Conservation and Development notice, notice to property
owners and interested parties and newspaper publication was provided for that hearing. An
1
additional public hearing before the Eugene City Council is scheduled for September 26,2005.
Notice to interested and affected parties will be provided for that hearing. The process for
adopting these amendments complies with Goal 1 since it complies with, and surpasses the
requirements of the State's citizen involvement provisions.
Goal 2 - Land Use Planning: To establish a land use planning process and policy framework as
a basis for all decisions and actions related to use of land and to assure an adequate factual
base for such decisions and actions.
The Eugene-Springfield Metropolitan Area General Plan (Metro Plan) is the policy tool that
provides a basis for decision-making in this area. The Metro Plan was acknowledged by the
State in 1982 to be in compliance with statewide planning goals. These findings and record
show that there is an adequate factual base for decisions to be made concerning the proposed
amendments. Goal 2 requires that plans be coordinated with the plans of affected governmental
units and that opportunities be provided for review and comment by affected governmental units.
To comply with the Goal 2 coordination requirement, the City coordinated the adoption of these
amendments with all affected governmental units. Specifically, notice was mailed to all owners
of property in the Eugene Goal 5 inventory, all owners of property that would be affected by
proposed new land use regulations and to an interested parties list of more than 800. There are
no Goal 2 exceptions required for this ordinance.
Goal 3 - Agricultural Land: To preserve and maintain agricultural lands.
Goal 3 is not applicable to this ordinance as the subject sites and actions do not affect any
agricultural plan designation or use. Goal 3 excludes lands inside an acknowledged urban
growth boundary from the definition of agricultural lands. Since Eugene's Goal 5 Inventory is
entirely within its acknowledged urban growth boundary, Goal 3 is not relevant and the
ordinance does not affect the area's compliance with Statewide Planning Goal 3.
Goal 4 - Forest Land: To conserve forest lands.
Goal 4 is not applicable to this ordinance as the subject sites and actions do not affect any forest
plan designation or use. Goal 4 does not apply within urban growth boundaries and, therefore,
does not apply to the adoption of a Goal 5 inventory within Eugene's UGB (OAR 660-006-
0020). Therefore, Goal 4 is not relevant and the ordinance does not affect the area's compliance
with Statewide Planning Goal 4.
Goal 5 - Open Spaces. Scenic and Historic Areas. and Natural Resources: To conserve open
space and protect natural and scenic resources.
The Inventory Process
The adoption of a wetland inventory and the clarification of the already-adopted inventories of
riparian and upland wildlife habitat sites within Eugene's Urban Growth Boundary are a specific
2
response to the requirements of Goal 5.1 The identification of significant riparian and wildlife
habitat sites has already been acknowledged by LCDC? This ordinance makes that
acknowledged inventory of riparian and wildlife habitat sites a part of the new Goal 5 Water
Resources Conservation Plan, through mapping that more clearly identifies the precise location
of those sites. The wetlands inventory, also made a part ofthe new Goal 5 Water Resources
Conservation Plan by this ordinance, was conducted in accordance with the administrative rules
specifically applicable to Goal 5 wetland inventories, as detailed below.
In adopting a Goal 5 inventory of wetlands, OAR 660-023-0100(2) requires that local
governments start with a Local Wetlands Inventory (L WI) prepared using the standards and
procedures of OAR 141 (Rules ofthe Department of State Lands ("DSL")). The LWI, for areas
within the Eugene Urban Growth Boundary, approved for consistency with OAR 141 by DSL on
January 14,2005, is adopted as findings to this ordinance, as Exhibit C. For purposes of the
Goal 5 inventory, local governments are to apply specific criteria adopted by DSL to those
wetland sites included on the L WI. Those that meet the criteria are "significant wetlands" and
must be included on the area's Goal 5 inventory of wetlands. The analysis of each wetland site
considering those DSL criteria is contained in Appendix E ("Significant Wetland Determination
Sheets") to the City of Eugene Local Wetlands Inventory. That document is a part of the record
to these proceedings, by this specific incorporation and by its physical inclusion during the
proceedings.
ESEE Analysis
The Goal 5 rules require that local governments conduct an analysis of the economic, social,
environmental, and energy (ESEE) consequences that could result from a decision to allow,
limit, or prohibit a conflicting use. OAR 660-023-0040 (and OAR 660-023-0090(7) with respect
to riparian corridors) describes the four steps to be followed in conducting an ESEE analysis.
The ESEE analysis for each site on the riparian, wildlife and wetlands inventory is contained in
Exhibit B to this ordinance (as that analysis pertains to sites within the Urban Growth Area). In
addition, a summary of the ESEE analysis, describing the degree of protection intended for each
significant site is adopted as part of the Goal 5 Water Resources Conservation Plan, attached as
Exhibit A to the ordinance. The conflicting use analysis for each site on the riparian, wildlife
and wetlands inventory is contained in Exhibit B, adopted as findings to this ordinance (as that
analysis pertains to sites within the Urban Growth Area).
Program to Achieve Goal 5
The Goal 5 rules require that local governments adopt a program to protect significant sites
consistent with the results of the ESEE analysis. OAR 660-023-0050 sets out the specific rules
1 Areas within the UGB that are covered by the West Eugene Wetlands Plan are excluded from
the inventory and protection measures of this ordinance based on OAR 660-023-0100(8), which
states that a "wetlands conservation plan approved by the director of DSL shall be deemed to
comply with Goal 5."
2 LCDC's only requirement for acknowledgment was that a portion of one resource site be removed from the
inventory; this ordinance complies with that requirement.
3
pertaining to such a program. The /WR Water Resources Conservation Overlay Zone, adopted
by the City through a companion ordinance to this one, was developed to comply with the
requirements of this rule. Through that companion ordinance, the City is applying to those
resources within the City limits that, as a result of the ESEE analysis, have been shown to
warrant the protections the overlay zone provides. This ordinance (pertaining only to the Urban
Growth Area) includes direction to Lane County as to the properties within the Urban Growth
Area to which the County should apply the /WR overlay zone (Exhibit E to this ordinance). In
addition, this ordinance includes an amendment to the Eugene Code that will cause those
properties to automatically receive the /WR overlay zone when such properties annex to the City.
Therefore, the ordinance is consistent with Goal 5.
Goal 6 - Air, Water and Land Resources Quality: To maintain and improve the quality of the air,
water, and land resources of the state.
Goal 6 addresses waste and process discharges from development, and is aimed at protecting air,
water and land from impacts from those discharges. Through a companion ordinance, the City is
applying the new /WR Water Resources Conservation overlay zone to properties with significant
water features, and to those within the setback or riparian area of such water features. This
ordinance (pertaining only to the Urban Growth Area) includes direction to Lane County as to
the properties within the Urban Growth Area to which the County should apply the /WR overlay
zone (Exhibit D to this ordinance). In addition, this ordinance includes an amendment to the
Eugene Code that will cause those properties to automatically receive the /WR overlay zone
when such properties annex to the City. As such, the City is favorably influencing water quality
and the impact of discharges. Therefore, the ordinance is consistent with Statewide Planning
Goal 6.
Goal 7 - Areas Subiect to Natural Disasters and Hazards: To protect life and property from
natural disasters and hazards.
Goal 7 requires that local government planning programs include provisions to protect people
and property from natural hazards such as land slides. This ordinance does not directly address
potential natural disasters and hazards. These hazards are addressed by separate studies and
protection measures. However, the IWR overlay zone prohibits construction within specified
setbacks of significant water features. As such, the ordinance's provisions recommending
County application of the overlay zone to specific properties could provide benefits with relation
to flood impacts to real property and thus could provide further protections consistent with
Statewide Planning Goal 7.
GoalS - Recreational Needs: To satisfy the recreational needs of the citizens of the state and
visitors and, where appropriate, to provide for the siting of necessary recreational facilities
including destination resorts.
Goal S ensures provision of recreation facilities to Oregon citizens and is primarily concerned
with the provision of those facilities in non-urban areas of the state. The proposed amendments
will not impact provision of recreational facilities, nor will they affect access to existing or future
4
recreational facilities. Therefore, the ordinance is consistent with Goal 8.
Goal 9 - Economic Development: To provide adequate opportunities throughout the state for a
variety of economic activities vital to the health, welfare, and prosperity of Oregon's citizens.
This ordinance, which applies only within the Urban Growth Area, does not have a direct impact
on economic activities. It does not change the zoning, designation or allowed uses on any
properties. While it does include specific recommendations as to the County's application of the
/WR overlay zone to specific properties, this ordinance does not carry out such rezoning for
properties in the Urban Growth Area. The code provision providing for the automatic rezoning
of specific properties upon those properties' annexation has no effect on the inventories of
industrial or commercial lands. Further, the /WR overlay zone includes provisions to ensure
that the area's supplies of industrial and commercial lands are unaffected by the overlay zone's
application. Therefore, the ordinance is consistent with Goal 9.
Goal 10 - Housing: To provide for the housing needs of the citizens of the state.
Goal 10 requires that communities plan for and maintain an inventory of buildable residential
land for needed housing units. This ordinance, which applies only within the Urban Growth
Area, does not have a direct impact on residential development opportunities. It does not change
the zoning, designation or allowed uses on any properties. While it does include specific
recommendations as to the County's application of the /WR overlay zone to specific properties,
this ordinance does not carry out such rezoning for properties in the Urban Growth Area. The
code provision providing for the automatic rezoning of specific properties upon those properties'
annexation has no effect on the inventories of residential lands. Further, the /WR overlay zone
includes provisions to ensure that the area's supplies of residential lands are unaffected by the
overlay zone's application. Therefore, the ordinance is consistent with Goal 10.
Goal 11 - Public Facilities and Services: To plan and develop a timely, orderly and efficient
arrangement of public facilities and services to serve as a framework for urban and rural
development.
The provisions of this ordinance do not effect the planning or development of future public
facilities or services. Therefore, this ordinance is consistent with Goal 11.
Goal 12 - Transportation: To provide and encourage a safe, convenient and economic
transportation system.
Goal 12 is implemented through the Transportation Planning Rule (TPR). The Eugene-
Springfield Metropolitan Area Transportation Plan (TransPlan) provides the regional policy
framework through which the TPR is enacted at the local level.
The Transportation Planning Rule (OAR 660-012-0060) states that land use changes that
significantly affect a transportation facility shall require mitigation measures to address the
anticipated impacts. The rule states that:
5
(1) Amendments to functional plans, acknowledged comprehensive plans, and land
use regulations which significantly affect a transportation facility shall assure
that allowed land uses are consistent with the identified function, capacity, and
performance standards (e.g. level of service, volume to capacity ration etc.) of the
facility. This shall be accomplished by either:
(a) Limiting allowed land uses to be consistent with the plannedfunction,
capacity, and performance standards of the transportation facility;
(b) Amending the TSP to provide transportation facilities to support the
proposed land uses consistent with the requirements of this division;
(c) Altering land use designations, densities, or design requirements to reduce
demand for automobile travel and meet travel needs through other modes;
or
(d) Amending the TSP to modify the plannedfunction, capacity and
performance standards, as needed, to accept greater motor vehicle
congestion to promote mixed use, pedestrian-friendly development where
multi modal travel choices are provided.
(2) A plan or land use regulation amendment significantly affects a transportation
facility if it:
(a) Changes the functional classification of an existing or planned
transportation facility;
(b) Changes standards implementing afunctional classification system;
(c) Allows types or levels of land uses which would result in levels of travel or
access which are inconsistent with the functional classification of a
transportation facility; or
( d) Would reduce the performance standards of the facility below the
minimum acceptable level identified in the TSP.
Adoption of the ordinance will not change the functional classification of an existing or planned
transportation facility. Nor will it change standards implementing a functional classification
system. Further, it will not allow types or levels ofland uses which would result in levels of
travel or access which are inconsistent with the functional classification of a transportation
facility or reduce the performance standards of any facility. Therefore, Goal 12 is not implicated
by this ordinance.
Goal 13 - Energy Conservation: To conserve energy.
This ordinance does not concern energy conservation. Therefore, Goal 13 does not apply.
Goal 14 - Urbanization: To provide for an orderly and efficient transitionfrom rural to urban
land use.
This ordinance addressed Goal 14 by specifying.
Goal 15 - Willamette River Greenway: To protect, conserve, enhance and maintain the natural,
scenic, historical, agricultural, economic and recreational qualities of lands along the
6
Willamette River as the Willamette River Greenway.
The Willamette Greenway area within the Eugene Urban Growth Boundary is governed by
existing local provisions which have been acknowledged as complying with Goal 15. Those
provisions are unchanged by this ordinance.
Goal 16 through 19 (Estuarine Resources, Coastal Shore lands, Beaches and Dunes, and Ocean
Resources):
There are no coastal, ocean, estuarine, or beach and dune resources related to the property
effected by this ordinance. Therefore, these goals are not relevant and the ordinance will not
affect compliance with Goals 16 through 19.
(2) The refinement plan amendment is consistent with the applicable provisions of the Metro
Plan.
Environmental Resources Elements Policies
18. 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.
The refinement plan, a portion of which is adopted by this ordinance, is an integral part of a
protection program consistent with Policy 18.
19. Local governments shall develop policies and local controls for protection and
management of wetland areas by completion of the next Metro Plan update.
While some of the area's significant wetlands were already protected by the West Eugene
Wetlands Study, this ordinance helps to complete the area's program for wetlands.
24. When planningfor and regulating development, local governments shall consider the
need for protection of open spaces, including those characterized by significant
vegetation and wildlife. Means of protecting open space include but are not limited to
outright acquisition, conservation easements, planned unit development ordinances,
streamside protection ordinances, open space tax deferrals, donations to the public, and
performance zoning.
The /WR overlay zone establishes streamside protection measures for significant vegetation and
wildlife areas consistent with this policy.
27. 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.
7
Known threatened and endangered species populations outside the West Eugene Wetlands area
are protected by the program adopted by this ordinance, and notice/opportunity for public
involvement has been given.
35. Newly-identified natural resources or sites shall be addressed in the following manner:
a. The jurisdiction within which the natural resource is located shall inventory the
site, incorporating the use of experts, for specific location, quantity, and quality.
Whenever feasible, this inventory should be done within 30 days. Constraints on
access to private lands, availability of qualified experts, and the difficulty of
identifying the suspected natural resource at certain times of the year may require
an exception to the time frame.
b. Upon the completion of the preliminary inventory, the affected jurisdiction shall
determine within ten days whether the identified natural resource is significant
and adopt supportingfindings. Significance will be determined on a case-by-case
basis by the jurisdiction, according to whether the resource is on afederal, state,
or local listing, and because of t~e uniqueness or scarcity of the resource locally.
If necessary to protect the site, the local jurisdiction shall apply interim
protection. The jurisdiction shall notify the other jurisdictions, MPC and
interested parties of the decision and any interim protection measures to be
undertaken. This decision may be appealed in writing within ten days notification
of the jurisdiction's decision to MPC. MPC shall consider the refinement of the
inventory, the decision of the affected jurisdiction, and the written basis for
appeal. The written appeal must include specific facts and reasons why the
decision of the jurisdiction was inappropriate. MPC must reach a decision on
significance within 40 days of receipt of an appeal.
c. If a natural resource is determined significant, in no later than six months the
affectedjurisdiction shall conduct a Goal 5 Environmental, Social, Economic,
and Energy conflict resolution analysis and release a draft working paper with
recommendations to MPC.
d. Staff will coordinate with affected property owners and interested parties
throughout the process.
This ordinance addresses periodic review requirements and procedures set out in state
law. Policy 35 is intended to be applied when a new resource is identified after
the establishment of the inventory and protective measures via periodic review.
Willamette River Greenway. River Corridors. and Waterway Element Policy
5. New development that locates along river corridors and waterways shall be
limited to uses that are compatible with the natural, scenic, and environmental
qualities of those water features.
The allowed uses in the /WR overlay zone are consistent with this policy.
Environmental Desie:n Element Policy
8
2. Natural vegetation, natural water features, and drainageways shall be protected
and retained to the maximum extent practical. Landscaping shall be utilized to
enhance those natural features. This policy does not preclude increasing their
conveyance capacity in an environmentally responsible manner.
The provisions of the /WR overlay zone explicitly address the protection of natural vegetation,
water features, and drainageways and are therefore consistent with this policy.
Services to Development Within the Urban Growth Boundary: Stormwater
Policies
G.16 Manage or enhance waterways and open stormwater systems to reduce
water quality impacts from runoff and to improve stormwater conveyance.
By protecting riparian areas and stream corridors, the measures help to reduce water quality
impacts from runoff.
0.19 Maintain flood storage capacity within the floodplain, to the maximum
extent practical, through measures that may include reducing impervious
surface in the floodplain and adjacent areas.
By restricting development within riparian areas for the Willamette River, the measures help to
maintain flood storage capacity within that floodplain.
Code Amendments Eugene Code Section 9.8065 requires that the following criteria (in
bold and italic) be applied to a code amendment.
(1) Is consistent with applicable statewide planning goals as adopted by the Land
Conservation and Development Commission.
The single code section amendment made by this ordinance does not implicate most of
the Statewide Planning goals. To the extent that it does, see findings above.
(2) Is consistent with applicable provisions of the Metro Plan and applicable adopted
refinement plans.
The single code section amendment made by this ordinance does not implicate most of
the Metro Plan policies. To the extent that it does, see findings above.
(3) In the case of establishment of a special area zone, is consistent with EC 9.3020
Criteria for Establishment of an S Special Area Zone.
The amendments do not establish a special area zone.
9
c
ATTACHMENT C
Planning & Development
Planning
MEMORANDUM
City of Eugene
99 West 10th Avenue
Eugene, Oregon 97401
(541) 682-5377
(541) 682-5572 FAX
www.eugene-or.gov
Date: November 7, 2005
To: Mayor Piercy and City Council
From: Neil Bjorklund
Senior Planner, 682-5507
Subject: Staff Comments on Proposed Motions Related to Adoption of Goal 5 Ordinance No. [1]
In response to a request from Councilor Solomon, this memo provides staff comments on the motions that
will be introduced by Councilors Kelly and Bettman at the November 14,2005 council meeting. In order
to provide a convenient reference, the proposed motions are attached to this memo, with the
understanding that one or more of the motions may not be introduced. This memo also introduces a staff
recommended alternative motion to the two motions that address EC 9.8030(21)(a) and provides some
examples as to the conditions under which this provision might apply.
Motion Related to Land Division Standards
Motion A (Councilor Bettman)
Description: This motion would add a new standard to all provisions in the land use code that
allow lots to be divided such that a lot could not be created that would automatically qualify for
an adjustment under EC 9.8030(21)(a). This adjustment is the adjustment that requires that 33%
of the lot be either within the /WR setback area, or the area that extends landward beyond the
setback.
Staff Commentary: Staff supports this amendment. This amendment would give clearer
direction to staff processing land divisions that lots cannot be created to take advantage of the
adjustment under EC 9.8030(21)(a). This is consistent with the original intent ofthe EC
9.8030(21)(a) and how it would be applied.
Motion Related to EC 9.4930 and EC 9.4940
Motion B (Councilor Bettman)
Description: This motion would amend two sections that address whether paved roads or
pathways would be allowed within the conservation area. The amendment to EC 9.4930(3)(i)
would prohibit construction of maintenance access roads within the conservation area, and would
limit construction of paved pedestrian pathways to no more than 6 feet in width and only on
streams or wetlands that have a setback of 40 feet or more. The amendment to EC 9.4940 would
make that section consistent with the language and intent ofEC 9.4930(3)(i).
Staff Commentary: Staff supports this amendment. Staff has consulted with Public Works-Parks
and Open Space (PaS) staff on this issue, and pas staffhas agreed that this change would be
acceptable. Construction of a paved road for maintenance access is very rarely needed, and
would reduce natural functions and values within the conservation area. Construction of
pedestrian paths within a 20 to 25 foot buffer would occupy nearly 30% of the setback area width,
which staff considers excessive. Along streams with 20 foot setbacks, a paved pathway would
have to be outside of the conservation area. Non-paved paths up to 3 feet in width are allowed
under 9.4930(2)(h).
Motion Related to EC 9.8030(21)(b),(c), (d), and (e)
Motion C (Councilor Kelly)
Description: This amendment would revise BC 9.8030(21)(b), (c) and (d) and add a new
subsection (e). BC 9.8030(21)(b), (c) and (d) provide for adjustments to the conservation area if
certain standards are met. The new Section (21)( e) would provide standards for demonstrating
that enhancement measures increase the functions and values of the conservation area. Section
(21 )(b) provides for a setback reduction of up to 20% on setbacks of 40 feet or more, if certain
standards are met. This amendment would require an applicant for this adjustment to
demonstrate that the new enhancement standards under (21)( e) are met in order to reduce the
setback by 20%. This amendment would require an applicant for the adjustment under (21)( c) to
demonstrate that the new enhancement standards under (21)( e) are met in order to use setback
averaging on the site. The amendment would revise (21)( d) so that in order to qualify for the
adjustment, the property would have to: (1) be undeveloped, (2) be such that the lot couldn't be
developed without this adjustment, and (3) would have to meet the new standards in (21)(e).
Staff Commentary: Staff supports this amendment. These changes would strengthen the intent of
these adjustment provisions to provide for an increase in the functions and values of the resource
while providing flexibility for adjacent development. The amendment also increases the clarity
of (21)(d) by spelling out more explicitly what kinds of sites would qualify.
Motions Related to EC 9.8030(21)(a)
Three motions are included that address 9.8030(21)(a). Subsection (21)(a) provides for an adjustment to
the conservation area if the combined area of the setback and the resource site beyond the setback exceed
33% ofthe lot area. In other words, the area of the water feature itself is not included in this calculation.
At the October 24, 2005 council work session, there was considerable discussion about this subsection,
and whether or not it ultimately would provide adequate protection for the resource.
Motion D (Councilor Bettman)
Description: This amendment would limit this adjustment to those sites that are undeveloped and
on which no development could occur without this adjustment.
Staff Commentary: Staff does not support this amendment. This amendment would mean that
this adjustment could not be applied to a parcel with a single family residence, even if the entire
parcel was taken up by the conservation area. In this example, within a residential yard with no
native habitat whatsoever, the homeowner would be prevented from expanding the footprint of
the existing residence. This would be true even if the expansion would not adversely affect the
resource, because, for instance, the expansion is modest in size and is on the opposite side of the
house from the resource. The application of the 33% threshold adjustment would provide relief
in this case, but only if that adjustment can be applied to a parcel that already contains a
residence. Staff spent considerable time and energy exploring with the City Attorney other
options to address this type of situation, and found no viable alternative provision. This is due in
large part to the great variability of circumstances and configurations of lots, residences, and
resource sites, such that concepts such as "the house is surrounded by the conservation area" or
"the conservation area extends into the front yard" were problematic under many potential
scenarios. Through public testimony before the council, staff has been made aware of at least one
area where several existing homes are in the situation described above. Without a viable
alternative approach, staff cannot support excluding parcels with existing residences from this
adjustment.
Motion E (Councilor Kelly)
Description: This amendment is similar to the amendment under Motion D, but with two
differences. This amendment would require that the parcel is not developed, but would limit it to
lots of 10,000 square feet or less in area, and would not require that the parcel could not be
developed without the adjustment. This amendment would raise the standard for demonstrating
the effectiveness of enhancement measures within the remaining conservation area. It would
accomplish this by requiring the applicant to demonstrate consistency with the enhancement
standards in the new section (21)(e) that is introduced under Motion C above.
Staff Commentary: For the same reasons that were stated in staff comments on Motion D, staff
does not support this motion.
Motion F (Recommended by Attorney/Staff)
Description: This motion is an alternative to motions D and E. This motion would allow this
adjustment to apply to a parcel that contains a residence or other structure, but would raise the
standard for demonstrating the effectiveness of enhancement measures within the remaining
conservation area. It would accomplish this by requiring the applicant to demonstrate consistency
with the enhancement standards in the new section (21)( e) that is introduced under Motion C
above.
Staff Commentary: Staff recommends this as an alternative to Motions D and E. This
amendment would help ensure that an adjustment approved under this section would not cause a
decrease in the overall functions and values of the conservation area, while addressing known
situations in which the conservation area provisions would create an unreasonable restriction with
little benefit to the resource.
Additional Information
For additional information, please contact Neil Bjorklund, Senior Planner, at 682-5507 or via email at
neil.h. bjorklund@cLeugene.or.us.
MOTION A (Councilor Bettman):
Add the following language:
"Within the IWR Water Resources Conservation Overlay Zone, no new lot may be created if
more than 33% of the lot, as created, would be occupied by the combined area of the /WR
conservation setback and any portion of the Goal 5 Water Resource Site that extends landward
beyond the conservation setback, making the lot immediately eligible for an adjustment under EC
9.8030(2l)(a)."
to:
EC 9.8055 - Cluster Subdivision - Approval Criteria - General
EC 9.8215 - Partition Tentative Plan Approval Criteria - General
EC 9.8220 - Partition Tentative Plan Approval Criteria - Needed Housing
EC 9.8320 - Tentative Planned Unit Development Approval Criteria - General
EC 9.8325 - Tentative Planned Unit Development Approval Criteria - Needed Housing
EC 9.8415 - Property Line Adjustment - Approval Criteria
EC 9.8515 - Subdivision, Tentative Plan Approval Criteria - General
EC 9.8520 - Subdivision, Tentative Plan Approval Criteria - Needed Housing
MOTION B (Councilor Bettman):
Amend Subsection (3)(i) ofEC 9.4930 and amend EC 9.4940, each to provide as follows:
(3) Uses Subject to Standards Review Within IWR Conservation Areas.
Except as provided by subsection (4), or as excepted under subsection
(5), within /WR conservation areas, the following uses are permitted,
subject to the standards review process beginning with EC 9.8460 in
which consistency with the specific standards referenced for each use
below shall be used as the criteria for approval.
(i) Construction of [paved roods or p::lthw::lYs for city ch::lnnol
maintenance access, or] paved pathways of no more than 6 feet
in width for passive recreation within the conservation area for
Category A, B, or C streams or Category A wetlands. Subject to
EC 9.4980 /WR Water Resources Conservation Overlav Zone
Development Standards (2) through (6) and (11).
9.4940
IWR Water Resources Conservation Overlav Zone - Conveyance of
Stormwater Maintenance Easement. Within the /WR conservation area, the city
shall have the authority to require conveyance of a maintenance access easement
for any natural or human made stormwater facility as a condition of approval for a
land use permit. Maintenance access easements [sholl bo parallel to the stream or
channel ::lnd sh::lll be of sufficient width to allo':.' a m::linten::lnce access road along
one side of the stream or ch::lnnel th::lt is up to 20 feet wide] within the
conservation area shall be only for the purpose of allowing access to the
storm water facility for city maintenance staff and equipment and shall be no
more than 15 feet wide.
Legend:
Revisions to 10/18/05 draft
New language - bold, italic
Corrections proposed by staff/legal counsel shown in double underline
Deletions - [br:lcketed, e:truck]
MOTION C (Councilor Kellv):
Amend EC 9.8030(21)(b),(c), and (d), and add a new (e) thereto, to provide as follows:
(b)
For property containing a IWR conservation area due to a resource
identified in the Goal 5 Water Resources Conservation Plan as a
Category A, B or C stream or as a Category A wetland, an adjustment to
the provisions of EC 9.4920 may be made if no previous adjustment
under this section has been approved for the SDecific Dortion of the
conservation area and all of the following are met:
1. The proposed reduction in the conservation setback distance is no
more than 20%;
2. The portion of the development site removed from the IWR
conservation area complies with EC 9.4980(2)(a)4., (4)(b), (5)(a),
(8), l!i1l and (10);
3. The portion of the development site outside the IWR conservation
area, including the area removed, complies with EC 9.4980(7);
4. The remaining IWR conservation setback area complies with EC
9.4980(1) through (5);
5. For Category A wetland sites, reduction in the width of the IWR
conservation area shall occur first in areas where the adjacent
wetland is of lower quality or is HJ..O..m [lessl disturbed by human
activities and expansion of the width of the IWR conservation area
shall occur first in areas where the adjacent wetland is of higher
quality or is less disturbed by human activities; and
6. For riparian or upland wildlife habitat sites where a reduction in the
width of the IWR conservation area is allowed, the conservation
setback area may be reduced, to the extent practicable, according
to the following priority order:
a. Where the reduction area does not include a mapped Goal 5
resource site designated for protection in the Goal 5 Water
Resources Conservation Plan,
b. Where the adjacent habitat quality is lower.
7. The proposed adjustment is consistent with EC 9.8030(21)(e).
For property containing a IWR conservation area due to a resource
identified in the Goal 5 Water Resources Conservation Plan as a
Category A or B stream or as a Category A wetland, an adjustment to the
provisions of EC 9.4920 may be made if no previous adjustment under
this section has been approved for the sDecific Dortion of the
conservation area and all of the following are met:
1. Conservation setback averaging is employed to maintain the same
total area within the IWR conservation area within the development
(c)
site that would have existed without the reduction in the
conservation setback distance. Conservation setback averaging
shall be accomplished by expanding the IWR conservation area in
an undeveloped area of the development site in compensation for
reducing it in another area of the site, such that the total area of the
IWR conservation area on the development site remains constant;
2. The conservation setback distance may be reduced in one or more
locations by up to 30%.
3. The portion of the development site removed from the IWR
conservation area complies with EC 9.4980(2)(a)4., (4)(b) , (5)(a) ,
(8), [~ and (10);
4. The portion of the development site outside the IWR conservation
area, including the area removed, complies with EC 9.4980(7);
5. The portion of the development site remaining in the IWR
conservation area complies with EC 9.4980(2) through (5);
6. For Category A wetland sites, reduction in the width of the IWR
conservation area shall occur first in areas where the adjacent
wetland is of lower quality or is more disturbed by human activities
and expansion of the width of the IWR conservation area shall
occur first in areas where the adjacent wetland is of higher quality
or is less disturbed by human activities; [aM}
7. For Category A or 8 streams, reduction in the width of the
conservation setback area shall occur to the extent practicable,
according to the following priority order:
a. Where the reduction area does not include an adjacent Goal 5
resource site designated for protection in the Goal 5 Water
Resources Conservation Plan,
b. Where the adjacent habitat quality is lower,
c. Where the setback area can be expanded in compensation on
the opposite bank of the stream from the reduction area if it is
within the same development site. If the development site
does not include the opposite bank for the stream, the
expansion of the conservation setback shall occur elsewhere
on the development site[:-];and
8. The proposed adjustment is consistent with EC 9.8030(21)(e).
(d) For property containing a IWR conservation area due to a resource
identified in the Goal 5 Water Resources Conservation Plan as a wetland,
upland wildlife habitat or riparian site, an adjustment to the provisions of
EC 9.4930 and EC 9.4980 may be approved if all of the following are
met:
1. The applicant has shown that:
(a) The parcel is not already developed with a building
suitable for occupancy;
(b) [t]The strict application of the provisions of EC 9.4930 and
9.4980 would [deny the property o'l.'ner specific uses permitted
to other property o.....ners within the S3me Goal 5 resource site
or a Goal 5 site of similar ch3racteristics and in the same base
zone and overl3Y zone(s), if any,] prohibit construction of a
building suitable for occupancy on any portion of the
parcel due tor;.
:l. S]special circumstances that apply to the property, including
location, shape, size, surroundings, and topography; and
[b. T]the relationship of the characteristics [described in b.] to the
resource site or applicable conservation area[,].
2. The applicant has demonstrated that the adjustments described
under subsections (a), (b) and (c) above would not allow the use or
uses specified under [fQ1]1.;
3. The adjustment allowed is the minimum necessary to allow the use
or uses specified under [fQ1]1;
4. The portion of the development site removed from the IWR
conservation area complies with EC 9.4980(2)(a)4., (4)(b) , (5)(a),
(8), [00] and (10) except to the extent that a standard in one of
those subsections is the subject of the adjustment application;
5. The portion of the development site outside the IWR conservation
area, including the area removed, complies with EC 9.4980(7);
[aAG}
6. The portion of the development site that remains in a IWR
conservation area complies with EC 9.4980(1) through (5)[.,.]; and
7. The proposed adjustment is consistent with EC 9.8030(21)(e).
(e) The applicant demonstrates that restoration or habitat enhancement
activities within the remaining conservation area will result in a net
increase in overall natural functions and values proportional to the
requested adjustment, and will specifically result in a net increase in
two or more of the following functions and values of the
conservation area as applicable to the site:
1. For streams and wetlands within stream channels:
(a) Effective shade of stream channel during peak solar
input;
(b) Species diversity, structural diversity, density, and
percent cover of native riparian vegetation;
(c) Bank stability due to native riparian plant roots;
(d) Absence of non-native invasive plant species;
(e) Effective filtering of overland storm water flow to the
stream;
(f) Presence of soils and hydrology appropriate to the site
and appropriate to support native plants;
(g) Habitat characteristics required by any state or
federally listed threatened or endangered species that
have been documented on the site.
2. For wetlands not within stream channels:
(a) Species diversity, density, and coverage of native
vegetation within the wetland and setback area;
(b) Bank stability due to native plant roots;
(c) Absence of non-native invasive plant species;
(d) Effective filtering of overland storm water flow to the
wetland;
(e) Presence of soils and hydrology appropriate to the site
and appropriate to support native plants;
(f) Habitat characteristics required by any state or
federally listed threatened or endangered species that
have been documented on the site.
For purposes of this subsection, the demonstration of the
increase in functions and values shall be based upon a
comparison between the functions and values of the /WR
conservation area as it existed on the date of application for
an adjustment under this subsection and the functions and
values of the proposed reduced /WR conservation area with
proposed enhancements and restoration.
Legend:
Revisions to 10/18/05 draft
New language - bold, italic
Corrections proposed by staffllegal counsel shown in double underline
Deletions - [br3cketed, struck]
MOTION D (Councilor Bettman):
Amend EC Section 9.8030(21)(a) to provide as follows:
(a) For any property containing a IWR conservation area due to a resource
identified as a wetland, upland wildlife habitat or riparian site in the Goal
5 Water Resources Conservation Plan, an adjustment to the provisions
of EC 9.4920 may be made if no previous adjustment under this section
has been approved for the sDecific Dortion of the conservation area
and all of the following are met:
1. More than 33 percent of the development site is occupied by the
combined area of the IWR conservation setback and any portion
of the Goal 5 Water Resource Site that extends landward beyond
the conservation setback;
2. The proposed reduction in the IWR conservation area will result in
the combined area described above constituting at least 33
percent of the development site;
3. The site is vacant;
4. The strict application of the provisions of EC 9.4920 would
prohibit development on the entire parcel;
J5. The portion of the development site removed from the IWR
conservation area complies with EC 9.4980(2)(a)4., (4)(b), (5)(a),
(8)~ and (10);
46. The portion of the development site outside the IWR conservation
area, including the area removed, complies with EC 9.4980(7);
fJ7. The portion of the development site that remains in a IWR
conservation setback area complies with EC 9.4980(1) through
(5); [aAG}
e8. The reduction occurs first by reducing the area of any portion of
the resource site that extends landward beyond the conservation
setback. If additional reduction in the IWR conservation area is
needed to reduce the combined area to 33% of the development
site area, the conservation setback area described in EC
9.4920(1)(b) may be reduced the minimum necessary to meet the
standard in subsection 2[7]; and
9. The proposed adjustment is consistent with EC 9.8030(21)(e).
Legend:
Revisions to 10/18/05 draft
New language - bold, italic
Corrections proposed by staff/legal counsel shown in double underline
Deletions - [br:lcketed, struck]
MOTION E (Councilor Kellv):
Amend Subsection 9.8030(21)(a) to provide as follows:
(a) For any property containing a IWR conservation area due to a resource
identified as a wetland, upland wildlife habitat or riparian site in the Goal
5 Water Resources Conservation Plan, an adjustment to the provisions
of EC 9.4920 may be made if no previous adjustment under this section
has been approved for the sDecific Dortion of the conservation area
and all of the following are met:
1. More than 33 percent of the development site is occupied by the
combined area of the IWR conservation setback and any portion
of the Goal 5 Water Resource Site that extends landward beyond
the conservation setback;
2. The proposed reduction in the IWR conservation area will result in
the combined area described above constituting at least 33
percent of the development site;
3. The parcel is not already developed with a building suitable
for occupancy;
4. The area of the subject parcel is 10,000 square feet or less;
J5. The portion of the development site removed from the IWR
conservation area complies with EC 9.4980(2)(a)4., (4)(b), (5)(a),
(8)~ and (10);
46. The portion of the development site outside the IWR conservation
area, including the area removed, complies with EC 9.4980(7);
57. The portion of the development site that remains in a IWR
conservation setback area complies with EC 9.4980(1) through
(5); [aM}
68. The reduction occurs first by reducing the area of any portion of
the resource site that extends landward beyond the conservation
setback. If additional reduction in the IWR conservation area is
needed to reduce the combined area to 33% of the development
site area, the conservation setback area described in EC
9.4920(1)(b) may be reduced the minimum necessary to meet the
standard in subsection 2[.,.]; and
9. The proposed adjustment is consistent with EC 9.8030(21)(e).
Legend:
Staff recommended revisions to 10/18/05 draft in response to Councilors' req uests
New language - bold, italic
Corrections proposed by staff/legal counsel shown in double underline
Deletions - [br3cketed, struck]
MOTION F :
Amend Subsection 9.8030(21)(a) to provide as follows:
(a) For any property containing a IWR conservation area due to a resource
identified as a wetland, upland wildlife habitat or riparian site in the Goal
5 Water Resources Conservation Plan, an adjustment to the provisions
of EC 9.4920 may be made if no previous adjustment under this section
has been approved for the sDecific Dortion of the conservation area
and all of the following are met:
1. More than 33 percent of the development site is occupied by the
combined area of the IWR conservation setback and any portion
of the Goal 5 Water Resource Site that extends landward beyond
the conservation setback;
2. The proposed reduction in the IWR conservation area will result in
the combined area described above constituting at least 33
percent of the development site;
3. The portion of the development site removed from the IWR
conservation area complies with EC 9.4980(2)(a)4., (4)(b) , (5)(a) ,
(8)ldm} and (10);
4. The portion of the development site outside the IWR conservation
area, including the area removed, complies with EC 9.4980(7);
5. The portion of the development site that remains in a IWR
conservation setback area complies with EC 9.4980(1) through
(5); [aRd}
6. The reduction occurs first by reducing the area of any portion of
the resource site that extends landward beyond the conservation
setback. If additional reduction in the IWR conservation area is
needed to reduce the combined area to 33% of the development
site area, the conservation setback area described in EC
9.4920(1)(b) may be reduced the minimum necessary to meet the
standard in subsection 2[.,.]; and
7. The proposed adjustment is consistent with EC 9.8030(21)(e).