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HomeMy WebLinkAboutOrdinance No. 20352 --~- COUNCIL ORDINANCE NUMBER 20352 COUNCIL BILL NUMBER 4906 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 AN EFFECTIVE DATE. ADOPTED: November 14,2005 PASSED: 7:0 REJECTED: OPPOSED: ABSENT: Poling EFFECTIVE: January 1, 2006 ORDINANCE NO. 20352 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 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. 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 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 (lithe 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 Chanties 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 0 to Ordinance No. 20352 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 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. Notwithstanding the effective date of ordinances as provided in the Eugene Charter of 2002, this Ordinance shall become effective upon January 1, 2006. 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. 20351, and has applied the /WR Water Resources Conservation Overlay Zone to properties located within the Eugene Urban Growth Area. Passed by the City Council this 14th day of November, 2005 Approved by the Mayor this 1.!l..- day of November, 2005 ~ ,/1, A-A Ci y ecorder K: ~ p~/ yor Ordinance - 3 EXHIBITS REFERRED TO IN THIS ORDINANCE ARE AVAILABLE AT www.eugenenr.org THEY ARE ALSO AVAILABLE FOR REVIEW BY APPOINTMENT IN THE EUGENE CITY RECORDER'S OFFICE AT 777 PEARL STREET EUGENE, OREGON (541-682-5042).