HomeMy WebLinkAboutOrdinance No. 20019
ORDINANCE NO. 20119
AN ORDINANCE AMENDING THE WEST EUGENE
WETLANDS PLAN BY ADOPTING NEW POLICIES AND
PLAN TEXT ESTABLISIDNG PLANNED
TRANSPORTATION CORRIDOR AND UTILITY
CORRIDOR WETLAND DESIGNATIONS
The City Council of the City of Eugene finds that:
A. On May 20, 1992, the Eugene City Council adopted Ordinance No. 19853 adopting
the West Eugene Wetlands Special Area Study, a refinement plan to the Eugene-Springfield
Metropolitan Area General Plan, subsequently amended in part by Ordinance No. 19867 adopted
by the City Council on August 10, 1992.
B. On March 6, 1995, the Eugene City Council adopted Ordinance No. 20002
amending the West ~ugene Wetlands Special Area Study and changing the name to the West
Eugene Wetlands Plan.
C. The City of Eugene has initiated additional amendments to the West Eugene
Wetlands Plan to amend Plan policies and text, and to adopt wetland designations for certain
properties located within the Plan boundary.
D. On March 19, 1996, the Eugene Planning Commission conducted a joint public
hearing with the Lane County Planning Commission on draft amendments to the West Eugene
Wetlands Plan.
E. On May 6, 1996, the Eugene Planning Commission voted unanimously to
recommend approval of amendments to the West Eugene Wetlands Plan. On June 4,1996, the
Lane County Planning Commission recommended approval of the amendments to the Lane
County Board of Commissioners, subject to review of testimony and evidence submitted after
the close of the record and not available to the Planning Commission at the time of its
deliberation.
F. On December 17, 1996, the Eugene Planning Commission conducted a second joint
public hearing with the Lane County Planning Commission on new evidence related to wetland
designations submitted after the close of the Planning Commission record.
G. On May 5 and May 12, 1997, the Eugene Planning Commission reaffirmed its
recommendation for wetland designations for the Speedway site, modified its recommendation
for the EWEB substation site, and forwarded a new recommendation to address underground
utilities within protected wetlands. On December 8, 1997, the Eugene Planning Commission
reaffirmed its recommendation for the Hyundai site.
Ordinance 1 of 3
H. On September 16 and December 16, 1997, the Lane County Planning Commission
voted to make no changes to its June 4, 1996 recommendations for wetland designations for the
Speedway and Hyundai sites and took no action on the revised Eugene Planning Commission
recommendation for the EWEB substation site and new Eugene Planning Commission
recommendation related to underground utilities within protected wetlands.
I. On February 18, 1998, the Eugene City Council conducted a joint public hearing with
the Lane County Board of Commissioners to hear testimony on these proposed amendments.
J. On April 8, 1998, the Eugene City Council conducted a joint work session meeting
with the Lane County Board of Commissioners and agreed to move forward with policy and text
amendments to establish new Planned Transportation Corridor and Utility Corridor wetland
designations as a separate ordinance.
K. On May 13, 1998, the Eugene City Council held a work session on proposed policy and
text amendments related to the Planned Transportation Corridor and Utility Corridor and is now
ready to take action on the proposed amendments.
L. Evidence exists within the record and the findings attached hereto that the amendments
meet the requirements of Chapter 9 of the Eugene Code, 1971, and the requirements of applicable
state and local law.
NOW, THEREFORE,
THE CITY OF EUGENE DOES ORDAIN AS FOLLOWS:
Section 1. Based on the above findings, and the findings set forth, in Exhibits B and C
attached hereto and incorporated herein by reference, the amendments shown in Exhibit A are hereby
adopted as amendments to the West Eugene Wetlands Plan.
Section 2. Except as amended by Ordinance No. 19867 on August 10, 1992 and Ordinance
20002 on March 6, 1995, and herein, all other provisions of the West Eugene Wetlands Plan remain
in full force and effect, and the City Recorder is requested to append a copy of this Ordinance
thereto.
Section 3. Notwithstanding the provisions of the Eugene Charter of 1976 and the Eugene
Code, 1971, this Ordinance shall not become effective until identical provisions are adopted by the
Lane County Board of Commissioners.
Section 4. 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 of 3
Passed by the City Council this
~ Ot:JJ day of P?7 ' 1998
/1'- ~ Ii?
City Recorder
Approved by the Mayor this
~~~daYOfJ??~ ,1998
./
Ordinance - 3 of 3
Exhibit A
Amendments to the West Eugene Wetlands Plan
Including New Policies and Plan Text Establishing
the Planned Transportation Corridor and Utility
Corridor Wetland Designations
The following amendments correspond to amendments numbered 61,84, 85 and 86 in the
February 18, 1998 Eugene City Council packet.
Add a new policy to Chapter Three of the Plan as follows and number appropriately:
Future fill within the Planned Transportation Corridors as shown on Wetland
Designations Map (Map 3) shall be limited to those areas granted state and/or federal
wetland fill permits for the construction of planned public roadway improvements. New
roadway construction shall be limited to those projects listed in TransPlan as of August
10, 1992, excluding those projects listed in Appendix B; no other new roads or streets are
permitted. Road widening and other improvements to existing roads or streets shall be
limited to those listed in TransPlan (1992) or in an adopted capital improvement plan
(CIP) as of June 30, 1998. Road widening and other improvements to existing roads or
streets within wetlands designated for protection or restoration shall require an
amendment of this plan to change the designation to "Planned Transportation Corridor" if
the project is not listed in TransPlan (1992) or in an adopted CIP as of June 30, 1998. In
no case shall more than 1 acre (cumulative) of protected wetland be re-designated to
Planned Transportation Corridor for improvements to an existing road or street.
Add new appendix to include:
The following TransPlan projects are no longer planned to be constructed and are
therefore not eligible for the Planned Transportation Corridor designation:
#150 Extension of Beltline Road from W. 11th to W. 18th
#162 Extension of Terry Street from W. 11th to West Eugene Parkway
#228 Extension of Roosevelt Boulevard from Terry St. to Greenhill Road
Add the following definitions to the WEWP glossary:
utility line is defined as any pipe or pipeline for the transportation of any gaseous, liquid,
liquefiable, or slurry substance, for any purpose, and any cable, line or wire for the
transmission for any purpose of electrical energy, telephone and telegraph messages, and
radio and television communication and any poles or others structures which support such
cables, lines or wires. The term "utility line" does not include activities which drain a
water of the state, such as drainage tile; however, it does apply to pipes conveying
drainage from another area.
best feasible technology (for utility line location) is defined as a method or technology
that will provide all of the required information for a locating activity, while having the
least environmental impact among the methods or technologies that the affected agency
has available at the time.
Adopt a new policy as follows:
Future fill or removal within the "utility corridors" as designated on the Wetland
Designation Map (Map 3) shall be conducted with an applicable u.s. Army Corps of
Engineers (Army Corps) and/or Division of State Lands dredge and fill permit(s), and
shall be limited to the minimum impacts necessary to:
1) conduct emergency repairs to existing utility lines,
2) conduct essential maintenance (e.g., work to maintain or optimize
performance) on existing utility lines, including line locating,
3) construct connections to existing utility lines,
4) construct new utility lines,
5) move existing utility lines when necessary to maintain service or conduct
emergency repairs, and when at least one of the following is true:
a) the utility line must be moved to protect it from erosion or some
other natural threat;
b) construction of public facilities that are consistent with this plan
and that conflict with an existing utility line, where such public
facilities cannot reasonably be constructed without moving the
utility line; or
c) the utility line must be moved in order to maintain or repair
another utility line in the same vicinity.
6) place new utility poles or replace existing utility poles, only when
necessary to maintain performance or safety of above-ground utility lines.
Above-ground utility lines may not be replaced with underground utility
lines within wetlands designated for restoration or protection.
No other impacts are authorized by this policy. The following shall also apply to these
corridors:
a. The corridors for underground utility lines shall be 20 feet wide for excavations or
pipes up to 10 feet below ground surface (bgs), 30 feet wide for excavations or
pipes from 10 to 15 feet bgs, and 40 feet wide for excavations or pipes deeper
than 15 feet bgs. Where two utility lines are cl~se to each other, the corridors for
the lines may overlap, but impacts for work on one line are allowed only within
the corridor width for that line, not the combined width of both lines.
b. The corridors for above ground utility lines shall be 10 feet wide for single pole
structures and 20 feet wide for double pole ("H-style") structures.
c. The utility corridors shall be centered on an existing utility line, extending an
equal distance (half the allowed width) on both sides, except for corridors for new
utility lines, which shall be located as specified in subsection d below.
d. Construction of new utility lines and new connections to existing utility lines
within wetlands designated for protection shall require an amendment of this plan
to change the designation from "protect" to "utility line corridor." Such
amendments will only be allowed where it is demonstrated that:
1) an alternatives analysis has concluded that locating the new utility line
within a protected wetland is the best alternative. The alternatives analysis
shall compare alternatives that are completely outside of protected
wetlands and compare them to any alternatives that impact protected
wetlands. The alternatives shall be evaluated by weighing engineering
requirements and total environmental impacts including impacts to
threatened and endangered species and their habitat, and to wetlands
designated in the Plan for restoration or protection.
2) the new construction cannot reasonably be constructed completely outside
of wetlands designated for protection as demonstrated in the above-
referenced altemati~es analysis;
3) the utility lines are located so as to reduce the impact to wetlands
designated for protection as much as possible, and in no case shall a
cumulative area greater than 1 acre be re-designated from "protection" to
"utility corridor" for a new utility line;
4) unavoidable impacts will be mitigated through restoration of the project's
entire impact area;
5) there are no impacts to wetlands from new utility lines installed within the
Willow Creek Natural Area; and
6) impacts to plant and animal species on lists 1 and 2 of the Oregon Natural
Heritage Program will not occur.
e. Other than the activities described in this policy, these corridors shall be treated as
protected wetlands. Allowed activities shall be conducted in such a manner as to
minimize adverse impacts to the maximum extent possible upon the wetlands
within the corridor itself and within surrounding protected wetlands. Wetland
impacts shall be limited to the minimum area necessary. Utility agencies shall use
the best feasible technology to pinpoint the location of needed repairs prior to
excavation in order to limit the area of impact.
f. Except for emergency repairs, these activities shall be planned and timed to
minimize adverse impacts to wetlands.
g. All impacts shall be followed by restoration activities including:
1) backfilling with existing native soil within three feet of the surface
whenever possible, and in no case less than two feet; and
2) grading and re-seeding and/or replanting with appropriate native plant
species.
h. Any unavoidable impacts to rare plant species shall be mitigated through
coordinated transplanting or other measures.
Adopt a new recommended action as follows:
The City shall, in cooperation with affected utility companies and agencies, develop
guidelines or interagency agreements regarding conducting routine, essential maintenance
and emergency repairs of utility lines that exist within protected wetlands. These
guidelines or agreements shall address, at a minimum, the following:
a. coordination with property owner
b. coordination with City of Eugene
c. pre-planning and seasonal timing of maintenance
d. specifications for backfill, grading and replanting with native species
e. emergency repaIrs
f. new construction
g. conducting rare species inventories
h. vegetation removal
1. identification of appropriate access points
Exhibit B
Findings of Consistency with
Oregon Statewide Planning Goals
The Eugene-Springfield Metropolitan Area General Plan is a local comprehensive plan
acknowledged by the state's Land Conservation and Development Commission, and the West
Eugene Wetlands Plan is an adopted refinement plan to the Metro Plan. This document contains
findings that address the consistency of the attached amendments to the West Eugene Wetlands
Plan with applicable Oregon Statewide Planning Goals.
These amendments to the West Eugene Wetlands Plan will result in changes to existing locally
adopted policy that addresses three land use categories: natural resources, industrial and
commercial lands, and residential lands. Accordingly, this analysis addresses Oregon Statewide
Planning Goal! (Citizen Involvement), Goal 5 (Open Spaces, Scenic and Historic Areas, and
Natural Resources), Goal 9 (Economic Development) and Goal 10 (Housing). This analysis
concludes that these refinement plan amendments are consistent with applicable Oregon
Statewide Planning Goals.
Background
The amendments analyzed herein are changes to policies and text of the West Eugene Wetlands
Plan. They establish two new wetland designations for areas previously designated as protected
wetlands. The two new designations, Planned Transportation Corridor and Utility Corridor, will
allow certain kinds of work on public streets, road and utilities, while maintaining protection of
the wetland against all other types of impacts. These amendments create these new designations,
but do not apply them to any specific properties. The new designations will be applied to
specific properties in subsequent amendments.
Planned Transportation Corridor: This designation will be primarily applied to areas
previously designated for protection to allow previously planned roadway improvements. Since
these areas are currently non-buildable (i.e., wetlands designated for protection) and it only
allows road improvements, it will not affect the buildable land inventory when applied to these
properties. The only possible impact to buildable lands would be if the designation was applied
to a new wetland site not yet incorporated into the plan. In this case the area so designated would
no longer be available for commercial, residential or industrial development; it could only be
used for transportation facilities and enhancements.
Utility Corridor: This designation will be primarily applied to areas previously designated for
protection to allow required maintenance and emergency repairs, and in limited cases,
construction of new utilities. Since these previously designated areas are currently non-buildable
(i.e., wetlands designated for protection) and the policy only allows utility work, it will not affect
PTC/UC Amendments Ordinance, Exhibit B (Statewide Planning Goal Findings)
Page 1
the buildable land inventory when applied to these properties. Like the Planned Transportation
Corridor above, this designation will only affect buildable lands where it is applied to new
wetland sites.
Goal I-Citizen Involvement
Statewide Goal 1 calls for local governments "to develop a citizen involvement program that
insures the opportunity for citizens to be involved in all phases of the planning process." The
planning and adoption process for these amendments has incorporated many opportunities for
citizen involvement at all phases of the process as detailed below.
1. Preliminary staff recommendations for policy and text amendments to the West
Eugene Wetlands Plan were first presented to the public in a workshop held on
June 28, 1994. Notices were sent to all affected owners, and everyone on the
West Eugene Wetlands Plan interested parties list (more than 800 people).
2. Another public workshop was held on December 5, 1995 to present revised staff
recommendations for amendments to the public. Again, notice was sent to all
affected property owners and more than 900 interested parties. Citizen and
agency comments from this workshop were incorporated into the staff
recommendations forwarded to the Eugene and Lane County Planning
Commissions.
3. On March 18, 1996, a public hearing was held before the Eugene and Lane
County Planning Commissions regarding these amendments to the West Eugene
Wetlands Plan. Notice was sent to all affected property owners, all owners and
occupants within 400 feet of affected properties, affected neighborhood groups
and more than 900 interested parties. Bright orange notices were posted next to
each affected property regarding the hearing.
4. On December 17, 1997, a second public hearing was held before the Eugene
Planning Commission and the Lane County Planning Commission regarding four
specific plan amendments. Notice was sent to all affected property owners and all
who requested to receive notice, and all who participated in the Planning
Commission proceedings. Notice was sent out more than 20 days before the
hearing. The amendments and supporting documents were posted on the City of
Eugene's World Wide Web Homepage before the hearing.
5. On February 18, 1998, a public hearing was held before the Eugene City Council
and the Lane County Board of Commissioners regarding these amendments.
Notice was sent to all affected property owners and all who requested to receive
notice, and all who participated in the Planning Commission proceedings. Notice
was sent out more than 20 days before the hearing. The amendments and
supporting documents were posted on the City of Eugene's World Wide Web
PTC/UC Amendments Ordinance, Exhibit B (Statewide Planning Goal Findings)
Page 2
Homepage before the hearing.
6. During the February 18, 1998 hearing and subsequent comment period, comments
were received from the Eugene Water and Electric Board regarding the Utility
Corridor and from the Lane County Roads Advisory Committee on the Planned
Transportation Corridor amendments. The amendments in Exhibit A of this
Ordinance incorporate changes to the Planning Commission recommendations to
address that testimony.
We find that the opportunities for citizen involvement detailed above are beyond what is
necessary to achieve consistency with Goal 1.
GoalS, Open Spaces, Scenic and Historic Areas, and Natural Areas
The purpose of Goal 5 is to protect natural resources, and conserve scenic and historic areas and
open spaces. In addition to the Goal, the Land Conservation and Development Commission has
adopted an administrative rule to aid local government in achieving the requirements of the Goal.
The original Goal 5 Rule, OAR 660, Division 16, was adopted in 1991; revisions to the Goal 5
Rule were adopted in 1996 as OAR 660, Division 23. The 1991 Goal 5 Rule continues to apply
to post-acknowledgment plan amendments, such as the West Eugene Wetlands Plan
amendments, initiated before September 1, 1996.
Goal 5 and the 1991 Goal 5 Rule focus on the process required to prepare a Goal 5 inventory and
develop a program to achieve the goal on a site-specific basis, through preservation of a resource
site; allowing conflicting uses and the loss of the resource; or mitigating negative impacts
associated with the conflicting uses through partial protection.
Findings:
The West Eugene Wetlands Plan (WEWP) is an approved wetland conservation plan as defined
in ORS 196.800(15). Approval for the existing plan as a Wetland Conservation Plan was granted
by the Oregon Division of State Lands on September 13, 1994. ORS 196.684(8) specifies the
relationship between Wetland Conservation Plan approval and compliance with Goal 5:
"Wetland conservation plans approved by the Director of the Division of State Lands
pursuant to ORS 196.668 to 196.692 shall be deemed to comply with the requirements of
any statewide planning goals related to wetlands, other than estuarine wetlands, for those
areas, uses and activities which are regulated by the plan." [See also, ORS 197.279]
Approval of the West Eugene Wetlands Plan by the Oregon Division of State Lands (DSL) as
provided by law, satisfies all the requirements of any applicable statewide planning goal related
to wetlands (including Goal 5) for those areas, uses and activities which are regulated by the
plan.
PTC/UC Amendments Ordinance, Exhibit B (Statewide Planning Goal Findings)
Page 3
The amendments clarify and further refine the WEWP. The findings of goal compliance made as
part of initial adoption of the WEWP remain essentially unaffected by these amendments. The
amendments which create the new Planned Transportation Corridor and Utility Corridor are not
site specific and do not significantly alter the function, design and structure of the WEWP. Both
policies provide partial protection, allowing certain conflicting uses, as allowed under the Goal 5
process.
The fundamental program developed for Goal 5 compliance essentially remains unchanged. The
policies and criteria of the WEWP operate as a tool to further Goal 5 compliance by assisting in
determining the significance of wetland resources, the conflicts and the economic, social,
environmental and energy values involved in protecting the resource. That analysis approaches
the wetlands of West Eugene as part of an interconnected natural system rather than as separate,
discrete sites. The focus remains inside the West Eugene Wetlands Special Study Area, keeping
in mind that the larger system of which these wetlands are a part extends beyond this and other
political boundaries.
As detailed in Exhibit C, the amendments are consistent with the applicable policies of the Metro
Plan and the West Eugene Wetlands Plan. Those are the same policies previously acknowledged
as being in compliance with statewide planning goals; and, in the case of the West Eugene
Wetlands Plan policies, deemed to be in compliance with applicable statewide goals by DSL
approval of the WEWP as a wetlands conservation plan. The plan amendments comply with
ORS 196.681 to 196.684 and OAR 141, Divisionl20. For those reasons, the Planned
Transportation Corridor and Utility Corridor policy and text amendments to the West Eugene
Wetlands Plan comply with Statewide Planning Goal 5.
Goal 9 - Economic Development
The purpose of Goal 9 is to provide adequate opportunities throughout the state for a variety of
economic activities vital to the health, wealth, and prosperity of Oregon's citizens.
Findings:
Industrial and Commercial Lands:
The amendments which create the new Planned Transportation Corridor and Utility Corridor will
not have any impact on the supply of buildable industrial and commercial land. The policies
themselves do not directly affect any specific properties. It is only when they are applied to
specific properties in subsequent Plan amendments that any impact to buildable lands might
result. Both policies create a wetland designation that will only be applied to wetlands that are
currently designated as protected or that would be designated for protection in the absence of
these new designations. The majority of sites where the new designations will be applied will be
in wetlands now designated for protection, and, therefore, not presently available for industrial or
commercial development. In short, these new designations will not preclude any development
PTC/UC Amendments Ordinance, Exhibit B (Statewide Planning Goal Findings)
Page 4
except when applied to previously undesignated sites, and in fact will facilitate certain kinds of
development where it was previously prohibited. For these reasons, the Planned Transportation
Corridor and Utility Corridor policy and text amendments to the West Eugene Wetlands Plan
comply with Statewide Planning Goal 9.
Goal 10 - Housing
The purpose of Goal 10 is to provide for housing needs of the citizens of the state.
Findings:
The amendments which create the new Planned Transportation Corridor and Utility Corridor will
not have any impact on the availability of land for construction of housing. The policies
themselves do not directly affect any specific properties. It is only when they are applied to
specific properties in subsequent Plan amendments that any impact to buildable lands might
result. Both policies create a wetland designation that will only be applied to wetlands that are
currently designated as protected or that would be designated for protection in the absence of
these new designations. The majority of sites where the new designations will be applied will be
in wetlands now designated for protection, and, therefore, not presently available for residential
development. In short, these new designations will not preclude any development except when
applied to previously undesignated sites, and in fact will facilitate certain kinds of development
where it was previously prohibited. For these reasons, the Planned Transportation Corridor and
Utility Corridor policy and text amendments to the West Eugene Wetlands Plan comply with
Statewide Planning Goal 10.
Conclusions
The above findings show that these amendments to the West Eugene Wetlands Plan are
consistent with Oregon Statewide Planning Goals 1, 5, 9 and 10. This conclusion is based on the
following: 1) the policies have no impact on the supply of industrial, commercial and residential
land, 2) the abundant opportunities provided for citizen involvement throughout the planning
process and 3) these amendments do not significantly alter the basic structure and function of the
West Eugene Wetlands Plan and its protection of wetland resources. No further analysis of
Statewide Planning Goals is necessary for these amendments to the West Eugene Wetlands Plan.
PTCIUC Amendments Ordinance, Exhibit B (Statewide Planning Goal Findings)
Page 5
Exhibit C
Findings of Consistency with Refinement Plan
Amendment Criteria
Section 9.145 of the Eugene Code (1971) ("EC") provides the criteria to determine whether a
proposed plan amendment should be approved. The proposed amendments must be consistent with
the criteria in EC 9.145 to be approved.
Section 9.145(2) "The planning commission shall review the proposed amendment and receive
evidence, and decide whether the proposed change is consistent with the following approval
criteria: (a) The plan amendment is consistent with the Metropolitan Area General Plan;"
Findings:
The attached ordinance does not contain any plan diagram changes. Therefore, these
amendments are consistent with the Metro Plan diagram.
The Metro Plan contains the following policies which address the proposed amendments (related
findings follow each policy):
Policy 1, page III-B-4: "Demonstrate a positive interest in existing and new industries,
especially those providing above average wage and salary levels, an increased variety of
job opportunities, a rise in the standard of living, and utilization of our existing
comparative advantage in the level of education and skill of the resident labor force."
While none of the proposed amendments addresses this policy directly, the
amendments provide indirect support for new and existing industry through
facilitating maintenance, repair and improvement to infrastructure on which industry
depends.
Policy 5, page III-B-5: "Provide existing industrial activities sufficient adjacent land for
future expansion."
None of the proposed policy amendments specifically addresses preservation of land
for expansion of existing industrial development.
Policy 18, page III-B-6: "Encourage the development of transportation facilities which
would improve access to industrial and commercial areas and improve freight movement
capabilities by implementing the policies and projects in the Eugene-Springfield
Metropolitan Area Transportation Plan (TransPlan)..."
The Planned Transportation Corridor policy, would specifically encourage
Text Amendments Ordinance, Exhibit C (Refinement Plan Amendment Findings)
Page 1
development of transportation facilities that will provide access to industrial and
commercial land in West Eugene. This policy acknowledges the importance of
transportation facilities that are included in adopted transportation plans, and allows
construction of those projects within wetland areas that would otherwise be
protected. Many of these planned facilities in west Eugene are adjacent to and would
provide access to industrial land and existing industrial development. Therefore
these amendments are consistent with this policy.
Policy 18, page III-C-9: "Local governments shall develop plans and programs which
carefully manage development on hillsides and in water bodies and restrict development
in wetlands in order to protect the scenic quality, surface water and groundwater quality,
forest values, vegetation, and wildlife values of those areas."
This policy sets direction for future legislative implementation of the goals and
policies of the Metro Plan and is not intended to be applied to a specific action or
proposal. In addition, the West Eugene Wetlands Plan as a whole is a plan which
outlines a program for management of development in and around wetlands to
protect values as described in Policy 18.
Policy 19, page III-C-9: "Local governments shall develop policies and local controls
for protection and management of wetland areas by completion of the next Metro Plan
Update."
This policy sets direction for future legislative implementation of the goals and
policies of the Metro. The West Eugene Wetlands Plan, which contains policies and
local land use controls for wetlands in west Eugene, was adopted in 1992. The
current proposed amendments will update the 1992 Plan. The proposed text
amendments do not affect policies which prescribe the primary wetland protection
measures to be implemented: wetland acquisition, wetland buffers and waterside
setbacks. The proposed amendments will include provisions which address
protection and management of wetland areas, and therefore they are consistent with
this policy.
Policy 27, page III-C-I0: "Local governments shall encourage further study by
specialists of endangered and threatened plant and wildlife species in the metropolitan
area. "
Although it does not specifically address study of rare plants, the proposed language
for the Utility Corridor policy specifically calls for avoiding rare plants when siting
new utility lines, which will help retain current plant populations for possible future
study. Similarly, the Planned Transportation Corridor policy requires that "roadway
alignments shall be designed and constructed so as to avoid or minimize cumulative
impacts to wetland functions and values, rare species and rare species habitat." These
amendments include provisions which will protect rare plants, ensuring they are
Text Amendments Ordinance, Exhibit C (Refinement Plan Amendment Findings)
Page 2
available for future study, which is consistent with the above policy.
Policy 28, page III-C-I0: "Local governments shall protect endang~red and threatened
plant and wildlife species, as recognized on a legally adopted statewide list, after notice
and opportunity for public input."
The proposed language for the Utility Corridor policy specifically calls for avoiding
rare plants when siting new utility lines, helping to protect current plant populations,
which is consistent with this policy. The Planned Transportation Corridor policy
requires that "roadway alignments shall be designed and constructed so as to avoid
or minimize cumulative impacts to wetland functions and values, rare species and
rare species habitat." The policy requires minimizing or avoiding impacts to rare
species and their habitat, which is consistent with the above policy.
Policy 29, page III-C-Il: "Local governments shall work with owners of designated
environmentally-sensitive areas to require that reasonable actions are taken to protect
these lands, e.g., the heronry at the confluence of the Willamette and McKenzie Rivers
and the site of the Aster curtus in the Willow Creek Basin."
There are two sites within the West Eugene Wetlands Plan area that are designated
in the Metro Plan as environmentally sensitive. They are the Willow Creek Natural
Area and Bertelsen Slough. These amendments do not change the status of these
sites, and are therefore consistent with this policy.
Policy 2, page III-E-3: "Natural vegetation, natural water features, and drainageways
shall be protected and retained to the maximum extent practicable, considering the
economic, social, environmental and energy consequences in the design and construction
of urban development and landscaping shall be utilized to enhance those natural
features. "
The proposed Planned Transportation Corridor and Utility Corridor policies include
provisions that require protection of rare species and minimization of impacts to
wetlands. Although these policies will allow certain impacts within wetlands that
were formerly designated for complete protection, the work authorized under these
policies will only affect a small percentage of the wetlands now designated for
protection. In addition, for underground utility work, restoration of the impact area
is required. These provisions make the two policies consistent with the "shall be
protected and retained" portion of the above policy. The reference to "economic,
social, environmental and energy impacts" comes from statewide planning Goal 5.
See Exhibit B, discussion of Goal 5 (incorporated herein by reference) for
determination of consistency of these amendments with Goal 5.
Summary Conclusions: Metro Plan Consistency
Text Amendments Ordinance, Exhibit C (Refinement Plan Amendment Findings)
Page 3
The findings above indicate consistency with all applicable Metro Plan policies. Therefore, the
proposed amendments meet the criterion of Metro Plan consistency.
Section 9. 145(2)(b ): "The plan amendment is consistent with remaining portions of the
refinement plan;"
Findings:
The West Eugene Wetlands Plan contains the following applicable Goals (related findings follow
each Goal):
Goal 3.1 "Protect and enhance water quality, wildlife habitat, flood storage sediment and
toxicant removal and other wetland functions and values."
Although the Planned Transportation Corridor and Utility Corridor policies would allow
certain impacts within wetlands now designated for protection, both policies also include
provisions to minimize impacts. The Planned Transportation Corridor policy requires
that "roadway alignments shall be designed and constructed so as to avoid or minimize
cumulative impacts to wetland functions and values, rare species and rare species
habitat." This requirement will help prevent disturbance of wetlands, water features and
natural vegetation within the project area. The Utility Corridor policy contains
provisions that require avoiding impacts to rare species, restoration of impact areas, use
of technologies that minimize impacts to wetlands and timing utility work so as to
minimize impacts. By minimizing impacts to wetlands and the wildlife habitat, water
quality benefits and vegetation they provide, these proposed amendments are consistent
with the above policy.
Goal 3.2 "Minimize economic hardship on private property owners due to protection of
wetlands and other valuable environmental resources."
The Planned Transportation Corridor policy and the Utility Corridor policy both will
enable utility and municipal agencies to make needed repairs to infrastructure that private
development depends on. These provisions will help to avoid exorbitant costs of
avoiding all wetland impacts in wetland maintenance and repair, and will help prevent
damage to private property by facilitating needed repairs and maintenance to public
utility facilities. These measures will help protect private property owners from certain
costs associated with protection of wetlands, and are therefore consistent with Goal 3.2.
Goal 3.5 "Protect and expand current populations and habitats of rare, endangered and
threatened plants and animals that currently exist in west Eugene."
The proposed language for the Utility Corridor policy specifically calls for avoiding rare
plants when siting new utility lines, which will help to protect current plant populations.
The Planned Transportation Corridor policy requires that "roadway alignments shall be
Text Amendments Ordinance, Exhibit C (Refinement Plan Amendment Findings)
Page 4
designed and constructed so as to avoid or minimize cumulative impacts to wetland
functions and values, rare species and rare species habitat." These policies require
minimizing or avoiding impacts to rare species and their habitat, which is consistent with
the above policy.
Goa13.6 "Achieve state and federal requirement of "no net loss" of wetlands in both quantity
(area) and quality (functions and values)."
The West Eugene Wetlands Plan addresses the "no net loss" policy through protection
of valuable wetlands combined with coordinated restoration of degraded or former
wetlands to replace those that are filled. This approach is not changed by the proposed
amendments.
Goal 3. 7 Protect an interconnected system of wetlands within a sustainable, ecologically sound
system, with a high likelihood of long-term survival.
The proposed language for the Utility Corridor policy calls for minimizing wetland
impacts and maintaining protection of areas not disturbed by required utility repairs or
maintenance. The proposed Planned Transportation Corridor policy requires that
"roadway alignments shall be designed and constructed so as to avoid or minimize
cumulative impacts to wetland functions and values, rare species and rare species
habitat," and requires that areas not specifically required for a road improvement project
be protected. These provisions will help reduce fragmentation of the wetland system,
and help to maintain the inter-connected system called for in the plan, which is consistent
with the above policy.
The West Eugene Wetlands Plan contains the following applicable Policies (related findings follow
each policy):
Policy 3.1 "Seek acquisition of protected wetland sites by federal, state and local public
agencies and private, non-profit conservation organizations."
This policy is not applicable.
Policy 3.5 "Along with Lane County and the State of Oregon, protect wetlands on public lands
in the Eugene wetlands study area and restore wetlands on public lands."
Many of the wetlands currently designated for protection are now publicly owned. Some
of these wetlands contain existing underground or above-ground utilities, which would
be affected by these policies. In both the Planned Transportation Corridor policy and the
Utility Corridor policy, there are provisions that limit impacts to the minimum necessary
to accomplish the road improvement or utility repair. In addition, the Utility Corridor
policy requires that wetlands disturbed by maintenance or repair activities must be
restored with native backfill, grading and re-planting with native species. These
Text Amendments Ordinance, Exhibit C (Refinement Plan Amendment Findings)
Page 5
requirements will help to protect wetlands on public lands, and therefore these policies
are consistent with Policy 3.5.
Summary Conclusions: West Eugene Wetlands Plan Consistency
The above findings indicate that the proposed amendments are consistent with the applicable policies
in the remainder of the WEWP. The proposed amendments meet the criterion of consistency with
the remainder of the refinement plan.
Section 9.145 (2)(c) "The plan amendment is found to address one or more of the
following: 1. An error in the publication of the plan;"
Findings: The proposed amendments do not contain any corrections of errors in the original Plan.
However, the amendments do address omissions from the original Plan. Planned
transportation projects and underground utilities within protected wetlands were not
addressed in the original Plan. These policies will address those omissions.
Section 9.145 (2)(c) 2. "A change of circumstances in a substantial manner not anticipated
in the plan;"
Findings: After the West Eugene Wetlands Plan was adopted, the state adopted new regulations
that define what kinds of impacts can occur within a wetland designated for protection
in a Wetland Conservation Plan. These new regulations were not foreseen at the time of
adoption, and created a situation where certain repair or maintenance activities on public
utilities may be prohibited. These proposed amendments address this conflict, and are
therefore consistent with the code provisions above.
Section 9.145 (2)(c)3. "Incorporation into the plan of new inventory material which relates
to a statewide goal; or"
Findings:
Not applicable.
Section 9.145 (2)(c) 4. "A change in public policy."
Findings: The new Planned Transportation Corridor designation applies within wetlands previously
designated for protection or restoration, and where a previously adopted'plan calls for a
new road or widening of an existing road. The Planned Transportation Corridor allows
only the planned transportation facility to be constructed there, prohibiting any other
development of the area, and provides for protection of the corridor if the transportation
project is not constructed.
This change is introduced at this time in response to recent changes in the Oregon
Administrative Rules which govern the Oregon Division of State Lands administration
of the state's wetland regulatory system. These changes, approved after adoption of the
Text Amendments Ordinance, Exhibit C (Refinement Plan Amendment Findings)
Page 6
Plan in 1992, included provisions for allowing "utilities and transportation facilities not
built, but specifically identified in the acknowledged local comprehensive plan" within
otherwise protected areas (OAR 141 Division 120, subsection 030(15)). The
amendments listed above, in response to the changes to OAR, ensure consistency
between the Plan designation and policy contained in TransPlan, also a refinement plan
to the Metro Plan.
The Utility Corridor policy addresses underground utilities within otherwise protected
wetlands. The Oregon Division of State Lands adopted administrative rules which
establish allowed uses within protected wetlands were adopted after the original West
Eugene Wetlands Plan was adopted. These amendments (and accompanying site
designation amendments) allow for emergency repairs and maintenance to these
facilities. Without these amendments, such repairs would have been illegal.
The proposed amendments listed above which address planned transportation projects
respond to changes in state regulations and thus are also consistent with this criterion.
The proposed amendments which address underground utilities within protected
wetlands address new state administrative rules and thus are consistent with this
criterion.
Summary Conclusions:
Each of the proposed amendments meet the criteria under Eugene Code sections 9.145(2)(a) and
(2)(b) and one or more of the criteria for approval of a refinement plan amendment as set forth in
Eugene Code section 9. 145(2)(c).
Based upon the discussion, findings and conclusions herein (above) the Eugene City Council
finds the proposed amendments to be consistent with the applicable criteria contained in
Eugene Code Section 9.145.
C:\User\NEIL\WEWPAM\PTC-UC Package\OrdlB, Exhibit C, PTC & UC.wpd-May 13,1998
Text Amendments Ordinance, Exhibit C (Refinement Plan Amendment Findings)
Page 7