HomeMy WebLinkAboutOrdinance No. 20126ORDINANCE NO. ~ D~
AN ORDINANCE .AMENDING THE WEST EUGENE WETLANDS
PLAN BY ADAPTING NEW OR REVISED PLAN POLICIES AND
REVISING PLAN TEST
The City Council of the City of Eugene finds that:
A. On May 24,1992, the Eugene City Council adopted Ordinance No.19$53 adapting
the West Eugene Wetlands Special Area Study, a refinement plan to the Eugene-S rin field
. p g
Metropolitan Area General Plan, subsequently amended in part by Ordinance Na.19$67 ado ted
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by the City Council on August 10,1992.
B. On March 6,1995, the Eugene City Council adopted Ordinance No. 24002 amending
the West Eugene Wetlands Special Area Study and changing the name to the West Eu ene Wetlands
g
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 j oint public hearing
with the Lane County Planning Commission on draft amendments to the West Eugene Wetlands
Plan.
E. 0n May 6,1996, the Eugene Planning Commission voted unanimously to recommend
approval of amendments to the West Eugene Wetlands Plan. 0n 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. 0n 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 5,1997, the Eugene Planning Commission reaffirmed its
recommendation for the Hyundai site.
Ordinance -1
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 far the
Speedway and Hyundai sites and took no action on the revised Eugene Planning Commission
recommendation for the EWER substation site and new Eugene Planning Commission
recommendation related to underground utilities within protected wetlands,
I. On February 15,1998, the Eugene City Council conducted a joint public hearing with
the Lane County Board of Commissioners on recommended amendments to policies and text of the
West Eugene Wetlands Plan,
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 20,1998, the Eugene City Council adopted Ordinance Na. 20119 amending the
West Eugene Wetlands Plan to establish the Planned Transportation Corridor and Utility Corridor
wetland designations.
L. On June 17, 1995, the Eugene City Council held a work session on the remaining
proposed policy and text amendments and is now ready to take action on the amendments as set
forth in Exhibit A.
M. Evidence exists within the record and the ~.ndings 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.
NGW, THEREFORE,
THE CITY OF EUGENE DaES aRDAIN AS FULLCIWS:
Section 1. Based on the above findings, and the findings set forth in Exhibits B, C and D
attached hereto and incorporated herein by reference, the amendments shown in Exhibit A are hereby
adapted as amendments to the West Eugene Wetlands Plan.
Section 2. Except as amended by Ordinance No.19867 on August 10,1992, ordinance
20002 on March 6,1995, and Ordinance 20119 on May 20,1995 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. Notwithstandingtbe 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.
Ordinance - 2
Section 4. The City Recorder, with the concurrence of the City Attorney and County
Counsel, is authorized to administratively renumber any provisions of the West Eugene Wetland
Plan (Plan} at the time the provisions adopted herein are incorporated into the Plan.
Section 5. ~f 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.
Passed by the City Council this Approved by the Mayor this
day of ,1998
~---
City Recor er
Ordinance - 3
day of ,1998
Exhibit A
Amendments to the
West Eugene Wetlands Plan
Policy Amendments
[Numbering begins with d 1 to maintain consistency with numeric references to specif c
y w''y: 47~ ~l r~v~
amendments in earlier documents. Text to be added is ',,~`5;~-?and text to be deleted is ~
.]
61. ~lncluded in ordinance No. 20119 adopted by the City Council on May 20,1998 and
Ordinance No. PA 1117, adopted by the Board of County Commissioners on June 24,
1998.}
62. Move protection and development criteria from Appendix B to Chapter 3, upgrade
criteria to policy status and amend as follows:
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Protection
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3. Site is #f~~~~'``°~`"'~ within the 10o year floodplain
~'ext~[mendments Qrdinance, ~'xhihit,~ (.ListofAmendments~ page ~
4.
5.
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Site ism geographically or hydrologically~~n ~` ~ to other
wetlands or waterways.
Site contains a high diversity of wildlife habitat or contributes to the
diversity of wildlife habitat within the region.
Development
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optron of ~ ~ ~{ ~ ~ . r .f~ ~r rf~rY ~ ~ r ~ f {.
1. Pnor to ad this plan , ~ ; { ~' '~. ~ ~~~, ~r~ f ~ ~ ~ Ff , {F~ , .
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has received an approved wetland impact permit from the are on Division
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of State Lands and the U. S. Army Corps of Engineers, or an approved
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Final Environmental Im act Statement ; ~" ' ~~ ~' "f' ,~f.t
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2. arc Site is relatively isolated or disconnected from the larger system of
wetlands and waterways.
3. Site is served by existing streets, roads, sanitary sewers and municipal
water.
4.
5.
6.
63. Add a new policy:
64. Add a new policy which gives specific criteria for identifying mitigation sites:
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Text Amendments Ordinance, Exhibit A List of Amendments} gage Z
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65. Add a new policy:
66. Move Policy 4.20 to Chapter 3 and amend as follows;
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67. Add a new policy as follows:
68. Add a new policy as follows:
Text Amendments Drdinance, Exhibit A List of Amendments) Page 3
spc~~.~~~po','`~~~`,~~ ~ w,
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69. This amendment has been removed from this ordinance and will be considered in
conjunction with the site specific amendments.}
70. Add a new policy:
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71. Amend Policy 3.5 as follows:
Along with Lane County and the State of Oregon, protect wetlands on public lands in the
• ~.~jx,0'~'~j%nL~.v~3'Y'rJ qr ~~f, ,..,•r..,w;iro
west ugene wetlands study area and restore wetlands on ubl~c lands t~`~«''`rt~`«+.
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c$r.1~:~5lc~ks8c.,'~„•i:i;t ~a~:~a;a?'~'w~!~7 ~u;~a~x~..v.G~w.~~.~i%~~, v. ~Y ~£"~...,»~~~.
7Z• Add a new policy;
73 • Add a new Policy 4.7 as follows:
74. Add a new Policy 4, S to read:
75. Add a new policy to read:
76. Add a new policy to read:
Text Amendments Ordinance, Exhibit A List of Amendments} Page 4
77. Amend Policy 4.9 to read:
«<
h.N (h ., n r .,
.9 "Establish, develop, and maintain a regional wetland mitigation b r h
~,~c~~~ that
yf/' l1/ r F~'y'~lC~ ~15'i`~f F9Y'S N tt' <a 3S <t alfGlr Af
• • ~~$' ~` ~~ ~ rUw~s • . • • fJ~v~ ,~ ~',r4¢ • 3a~ of ~'~a~f~~
will pro~rd.~ ~,~ ~~~~,~ m~t~gat~on credit~y~~emi ~~ for 1st ~ ~ j {"`g the west
~~c.
Eugene VL~etlands .'%~ ; ~ ~~ ,the balance of the Eugene urban growth
boundary and the Eugene Airport proper."
78. Amend policy 4.14:
79. This amendment has been removed from this ordinance and will be considered along
with the site specific amendments.}
80. Amend Policy 4.19 as follows:
"4.19 Allow development of wetlands that meet the criteria for wetland develapment
contained ~n Apps ~'~~~~~~~ ~ y~ ~k~ ~f s, as Illustrated on ~`~~x~n 3hk d
+,i,k„xr f,QfOfAp:, ,:ilnY.K,~, llu:~ ~' •• 1 )
resat .~ ~, ~ r 7~v royY + .z;s:..~~ ,d....t,...':..r~~/i„~I?X~cfii:~
~~~`~`# ~~Yn lla ~ Map 3),~y
~~,~,~v.~nSm MY 'Q ixfnkfSWS~~in~:.NI NYrY,G,~
$1. Amend Policy 4.21 to read:
Yfk~'YYC~ rr ~< < r r ~,' _ .~ ~V:?f'l,[a'' ~rF '~~\» q 1'"~{{ J f ~' r c3: ~ t ~ ffr4rf ! 'f r r~ >>. P
GG } d ;~~~ Ey~~kGn ~ ~ r~. f~ N' S}~~ ~ .~~~~~x l.w ~ a i ~~. 1 ~% ~' a ~+ k\1.f~~~+i':
4 21 Use the ~ ~ t ~ F ~ { ~ ~ ~ ,' ~~ ~~ ~.~,;,°
. ~ ~s +~ne 1~~~; ;~ vnser,~r~.t~~ G ~l~n~~~v~nt~ ~. E~~
~x...wu.. -: .....fid . ,~ +~wcc",Yic""/.,;Y ,z7,s :lib ^ nrnst,a.~a,..\C/n.,9/~~;iw.Ysw~cri„r. ;Yf./,r Wu, a+~~.,~~ ti.,.ut~,,,,S:w,,. ,!!!d'rr3lua¢wxi S~;ti., t,v.no~~x:.~i~3
. • . a
• ~
.Y w:. ~ nix ~.~. , ., .;; r,,. r , as the
F.. ~
bask ~nvento for ~~ ~ '~ ~'` s'n~<`;- "~~ ~~"` .
ry ~~ ~~ ,~ ~ ~ ~w ~~la~ ~eres ~s~ and; functions and values to be
~ t ~.,d''i„Ai...c ,F,w. ,G >M,a'Co-~cCo., o a..x4..sCk a r SM~dc';~~.ay,s
~~1~{µk and replaced.
82. Amend Policy 4.22 to read:
4.22 "Provide flexibility in the provisions of the mitigation program sa that conditions
unique to certain properties can be resolved at the administrative level provided
< !/ ur<<FS/1 rIF
the ``` ~,k<,~,f, ~ purpose and criteria of
a~~~~~.~ meets the basic zntent, ,
83. Amend Policy 4.24 as follows:
4.24 "Unless designated as a mitigation site in this Plan or aspart of on-site mitigation
requirements, buildable lands that are within the UGB and designated for
commercial or Industrial use h~o~ ~ not be used for mitigation."
~.. :.:~. n „~,,.~.f,,ni
Text Amendments Qrdinance, exhibit A (List of Amendments} Page 5
84. Included in Ordinance No. 20119 adopted by the City Council on Ma 20,199$ and
. y
Ordnance No, PA 1117 adopted by the Board of County Commissioners on June 24,
1998. Additional changes are included here,}
Revise new policy adapted by Council Ordinance No. 20119 and Board Ordinance No.
PA 1117 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 Co s of
Engineers Army Corps} andlor Division of State Lands dredge and fill permits}, 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 ar optimize
performance} on existing utility lines, including Tine 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 fallowing 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 pales, only when
necessary to maintain performance ar safety ofabove-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 far 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 close to each other, the corridors for
~'ext Amendments Ordinance, Exhibit A (List of Amendments Wage 6
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 1 ~ 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 demanstrated 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
~~~~~
~rrspec~es and their habitat, and to wetlands
~„ JIi,~JM' ~:4Sf~~
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-
referencedalternativesanalysis;
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 redesignated 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
d} impacts to rare plant and animal species
ragram will not occur,
e. ether 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
Text Amendments Ordinance, exhibit A ~~ist of Amendments} page ~
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 passible, and in no case less than two feet; and
2) grading and re-seeding andlor replanting with appropriate native plant
species.
h, Any unavoidable impacts to rare plant species shall be mitigated through
coordinated transplanting or other measures.
S5. This amendment was combined with #S4 and included in ordinance No. 20119 adopted
by the City Council on May 20,1998 and Ordinance No. PA 1117 adopted by the Board
of County Commissioners on June 24,1998.}
S6. This amendment was addressed in Ordinance No. 20119 adopted by the City Council on
May 20,1995 and Ordinance No. PA 1117 adopted by the Board of County
Commissioners on June 24,1998.}
57. Add a new policy;
"The plant and animal species listed below shall be considered rare for the purposes and
policies of this Plan:"
Rare Plants:
white-topped aster
Willamette daisy
shaggy horkelia
Bradshaw's lomatium
timwort
Rare Animals:
northwestern pond turtle
Aster curtus
Erigeron decumbens var. decumbens
Horkel is congesta
Lomatium bradshawii
Cicendia quadrangularis
Clemmys marmorata marmorata
~'ext Amendments Ordinance, Exhibit A List of Amendments) Page 8
Fender's blue butterfly
88. Add a new policy:
Icaricia icarioides fenderi"
"The plant and animal species listed below are not officially considered rare, but shall
be considered for addition to the list of rare species if they are confirmed to be resent
. P
within the west Eugene Wetlands Plan area:
Plant watch List:
retrorse sedge
Howell's montia
toothcup
Animal Watch List:
Taylor's checkerspot butterfly
Pacific western big-eared bat
89. Amend Goa13.5 as follows:
~`arex retrorsa
Nlontia howeltii
Rotara ramosior
Euphydryas editha tayrori
Corynorhinus townsendii townsendii"
3.5 Protect and expand current populations and habitats of rare
~ plants and animals that currently exist in west Eugene.
~'ext Amendments Qrdinance, Exhibit A ~~ist of Amendments) page g
Non-policy Amendments
Miscellaneous
1. Incorporate WEWP logo where appropriate cover, maps, charts, etc.}.
2. Change all references to Map 3 to reflect new map title "Wetland Designations"
3. Correct typographical errors
a. Page 25, Recommended Action 3.11 ~"management"}
b. Page 35, Policy 4.13 ~"af arc this plan"}
c. Page 52, Recommended Action 6.4. ~"encourage"}
d. Page 63, formatting in Goals 7.1 and 7.2
Title Page
4. Change date
Acknowledgments
5. Add Dave Kurkoski (ACOE), Carie Fox (ACOE), Joel Shaich (EPA), Dana Siegfried
(DEQ) to the list of TAC members
6. Update Eugene Planning and Development Department address
7. List 1992 Planning Commission members and note involvement in original plan
development, add 19941997 Planning Commission members and note involvement of
latter in revision of plan
S. Add a paragraph describing the west Eugene wetland partnership:
The west Eugene wetlands are managed through a formal partnership among the City of
Eugene, The Nature Conservancy, the U. S. Bureau of Land Management, the U. S. Army
Corps of Engineers, and the Oregon Youth Conservation Corps, The partnership may
change over time. The goal of the partnership is to manage the wetland system in a
cooperative manner. The partners dedicate resources within their respective budgets to
carry out this plan with attention to their awn missions and legal requirements.
9. Gn page iv, replace existing second sentence with the following:
Forty percent of the funds for the preceding West Eugene Wetlands Special Area Study
were provided by the Environmental Protection Agency through a water
Text Amendments ordinance, Exhibit A (List of Amendments T age 1 Q
qualitylwetlands planning grant. This plan is printed on recycled paper--when you are
finished with it, please recycle it or share it with someone else.
Table of Contents
14. Update page numbers.
11. Move Public Facility Projects Table was Table 4} and Public Facility Projects Map
was Map 6} to a new appendix,
12. Update and renumber list of appendices to reflect other changes.
List of Maps and Tables
13 . Change title of Map #3 to "Wetland Designations" .
14, Move Public Facility Projects Map and Public Facility Projects Table to appendix and
renumber maps and tables as necessary.
15. Remove wetland and waterway setbacks from Map 4 (Concept Map).
Preface
1b. Add a paragraph summarizing the amendment adoption process.
Chapter 1
17. Dn page 3, change first two sentences in third paragraph to: "To implement existing
federal and p y e Plan ` F F ~f`""~ ~ ~ °`
state wetland law and olio , th
r:~s~ ~,~F ~~
.ey.. Yy1 1'.,v~„;\i:tyvryi,,,.G•n..%yGH.,'f v.
the most valuable remainin J ~, ~F<,~f1T~,3,5,<,J~,, FFf. ,,,f4f, >F, ~,~~~~.,.2.~,v,~.F~,.~ , ,,; 3,.
g wetlands ,, , ~~~~~~~,~,.. \, ~,W~,,~ ~~
~~~ ~~ ~~~te~~ ~.. Sites with $~e~-p~~~1 F~
s,,,.,/.,,:r' n' `J.Ark :\L~~,nW`k~a~.Sk .~k9nr ,, i,'""/,Y/.%r.. ~;2.,t~ s~~..~`' n.t J~.V:.CNk4.Ff6xf4%/,l. ~,;~c
rare plants are ~ ~`~~ for protection.
3a'YnYo%fr,•/„';. 63.' ~~nYac~(Yn:
18. an page 3, change last sentence in third paragraph to ` ~~~~~r~, ~~` t '
""'~.,aa~t~,, ............... echniques
will be used to protect wetlands from the effects of adjacent land uses" .
19. Cn page 4, change the first sentence in 3rd paragraph to: "The Pla ~
F`~s', ~~,•,• n ,•~S'~~v'~%%~:i'~~ ~,,ai~~;~.F\~`~~M:ii::~y ``~~. ,:f: ;.;~<!n/~;.,~„7,,,~,h
ree$r.~1°re~r~s ~~~~_~ ~~p~;~ mend ~~'~~ a number of wetland pratection measures . "
20. 0n page 4, change the third sentence in 3rd paragraph to: '
...
.'
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~y f/ \ ~ l
/. f,i,.5.~ `~$ ~ 2,fVrn~Kvh~~\Ja ~i.\} ~f kf»~
i ':;.~~~~ 4,~iF~'•~2)~}tik ly\i 5 •2Hvrc Nrr/F~FF ~ ~i% v1..lrr r„~:~fi: ei~li%~ ~J' • F '/, ~n"2~"4'.:: /~ , ,\ a~+s 'li,,,, Ji., v,•n :
: >/ ~o7g' `'. n t ~ s j f.'~,,~~f r,a - ~ 2'M n, fa`".a .: ~ { <:~'S ~• , L i ";; ;{rF',;sa'cc' o.»u. •~~ c, y/ ~~ ~: ~/' d 1~,.'N,r ~~~., F -;,. Nl ~ F Fcc+c . •.;. \~ F', ~ r • F • yfM'
pp',, l ~~,+~ .,~~~'~, p, ~ ~,~(~,! ;! ~ !l' I5 E,• },vv.,,. .htiJ~.f~~/ .FF~ / ~~> J" +~`i ~F~fY•t
thV e ~ ~~ ' ~`~J:V v ~~~nd~ ~ r < ~ ~` ~ "`~,,; ~,' F l ~;::xw,s~sfi .;~~,~~r`', ~ ~f~ ~ ~„~ ~ "
.~~ ~ ~,~~~~\~~'tlan~,,~~~ ~ ~~.~, ~ ~~ ~.-r~C~~~S [',.,~; Il n~~.C~n,~,~ t~e
,....,,• .,,!.,::A f3~v R4 a~~•~\`t~J..l ~~i;~i~llv,c .,~/fn.Fa:.u2~Ak6Ffa33,.~„..\\wxan~4~F7Yn •..F/1llrl,..wF''S.~,~k'~`',,,a\. If~~.•{,~ ~ ,ivfft~w.wiavwwti.~: ~, ., ::l~~ri`~`~'r~ra:~5~+n~.~,..., '°~ \'SJ.,,ux\V1tt~~W
., ` ,Y2~~ ~n2~S
Text Amendments ordinance, Exhibit A ~.~ist of Amendments} Page I1
~~ {r.r4;~,UV.~~lr+rF ~,rs,,,+:4((rt,.""~,,+`:'w.,~ .y .
r./ .~,/1,r, 'G~~. b{,..k ~,y,,.» •?r'•'ri'"N~i ~..,,r•v,v..yt,.,GF,~,f„7N„",t'S£t,+i\;`r ,;..x,.v,.,, F,..,~r,,;., a r,.,.... ..
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,x `r ~ f 9~ V f ~ ~ '~ ~/i ~, fjf ~r :k~~ ~/,»r ~FfrS f., ~,t/,e Vi'a' yr lr f...iA.~i /+ff'•l yr ry~y;r/.•
~~ ba~ ~. `» ~~ ~ ~P y 1 ~,:f}~}. r i ! ~. %'3..c 3 ,. fit: t/~yf ~ a~;~,
~r~;fN.^ .,..~r,;MKld~~'~F'.hart'`3,",2G,i0Y~i!/.ll~~'s`2iR4:J?..c:.;'.'.~Rd~;CC/ u, ~• } ~7 - ~r. ,.c,,.,!! r~ f~~/~~~ ~~1~'ir~a~.,,~~~,~r~Sl~~~MitY~R:I,'n%?~
r7a.JAG',S~;L.{atitar1~51`33f~rnons ~;e V.,:sJ. '~3Y.rv ..,,.;.•lr!!,•.Grfl..n,,;s?::,?fi:.:.:GdfeSS~t.~4:,atSxw.SC£ti~n:,:...dniS? ..::~:tY~>!GMC.'„a .,<u~t.wc.....:5„yo;!•;':
21. Gn page 4, change the 5th sentence in 3rd paragraph to: ` '
.. ..
•r., •rx ;'}M"' n ~ `.~~al,o r+wr u wrl ~~ l~hV
;t;.i, <' ~• ,,~~~J~ , ./„ram /. r>, ;`' X` re,: S ;e, a;s •r•:? :.1y^i5'~,` ; k
e ~ ~ 4 ~,^.; ~ , l , r .y u"~ k3 , \ .w. }.,,,, Y ~f. t ti : \ `f;~ ~' Frc a aa: rr w..m
{ V r r.. c r.J,s .o. ;-:,()1»r.,~~, tits\} )sf!!`" fr-,. ~! {x'i~;`/. ~ i;~" /~'~?'?+~°.''ct~•..., •`~»•~,f»Gsv'.C.r~.firf«i~fcM'P vv y~ t ~r l,,r nS1rw..,.w;,y~ n~ey.~• r. ~.r
~, `~~~'• ~ ~ ~:~..~ ? ~.: ` hd rj L]'~ w 1 l~: s i f i ~. ~ , "~d ~ ~ ' f f ~~`~y~ } v ~,1r ~rv. 5 ~l :..
p,~~~,.r,:~,,. ;;,~,.,~,~~.,.~ae~ ~..:~f or ~~~~~~e~F ~ Fadn~t~.~I~a ons , f OFF ~~",, 5
' a.x~.+c:~kn,&hWk4\4.Y\,{L:..4Kc~~(~+~a`w»r~~u ~, ..., ,r;,s%2;?n•,mK „~~av:.:5\,:\s: f....:;~,G3~;c5:y~,^'rnh)M 1Ynu .. ."ft~lilfcS.~;n?;.1:..:~:b~fy9i aP.7Li3F~ctY,,!~!ia~
~'` }.:%~ ?;,5\. ~iw~; rC}a,: i<fY5 <<Fi 5 ~'i. `~'i' ~.e ~ ~~y;~/~~1 h ~*.tc~ ~ <; nK•`}~ u .f _~~~1,F <f^<Zs;; ~fi r ~ s ~...,~ M"c`y ~:hae` .w o~J dv^ s~ r'Y „ ,» .•.1 'yo- •r
f 5 .~~ r ~ '~i1 ~',5 ~}~ 7 d ~ t v d ~,~' -: f ac }'f 1 f^~? Yl. [ •'
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~~,.., ~~~~ ,~.r ~f,~, ` i"~.~ yY .~~~~MZ~ `~\'• c4'~y+~ L ~~~r~)~th~/f ll;~Ol £F, i''.: {~ '~ i s i ii ~!' P yY .1 i $
.;t:1.a'~w.o-,..w»%.r,fiEa}\}ri.VY~•~XrX£kf0~i.•/vA6idt~n nY~l`~.,2.~1~d'~;R36,:K.u,.~7~».V,GrA~,ni.~i~~~r",~y`,z}~`.3.!„fvi„'YY ~ ter,\...~r:!!, '.:::... ,,, „~ ~C~~ ~g~~~^~„:d~~r~~~~~~'~~~
.~~.lf+• •,• », S: va• •h«v » '. YY ~ ,ff/rrrf.i~~r r.,1{,4F
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~~.f}~ {ff .j~~ ¢. 11t\ti ~~ ,Lf~J rub~/w} ~, r/ ,~,~- ,sl~i r4. a,5 \~,cr ..~~ ;,•~9^~i~,r ?~ 1~~1~~•r ~;ff's;;G~4 1 '~~"'t'..r. ^u•,Mw.•u1 ter, rr~.. ;r ~w
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i~fv,iLk+~~,,..,iC'~S.au~A;~irnsGliw4,'~,..., ,.(s'k:tKW.~NSf~:. `. 4 r: ,trFr. ..~pn,, R~.,a.~~~:;.,t r~~~c~~a.T..l, n~e~~.re~ ~ Y ~,~~ ` ?~~~~ ~'~'rP ,:
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pits.5,,;wn\}~GU./<'{p,F,%,f`,:,"fl ~'?,<a„ti}r:t`,.i:\yr kGn.v„~,1,iil',.%,,,J.ssnJS:,.~:..tw.tw~~w.w~a-.,.::i:
22. Gn pages 5-6, update sections on "Stormwater Management", "Water duality
Improvements" and"Improved Flood Control" to reflect adoption of Comprehensive
Stormwater Management Plan and development of Amazon Channel Enhancement
project,
23 . Dn page b, change the 1st sentence in the third paragraph to read "Within the managed
"1~rt 9r r ~/ n,~m 5r~ ~ r;^'~}%1+<~N••fr! ~• . ~~
wetland system, a;g~ p,~ ~t~~~~ rare plants w111 be protected.
Chapter Z
24. C}n page 11, change 2nd sentence in third paragraph to read: "With a population of
approximately 122, 000 July 1995 estimate} Eugene is second largest city in Oregon;
Portland being the largest."
25. 0n page 12, add the following paragraph at the end of the section titled "Plan
Documents":
Other important documents developed during the planning and implementation phases
of the project include the "Final Report for West Eugene Supplemental Inventory"
Revised January 1995}, the "Revised Alternatives Analysis" fan update of Chapter 7 of
the Technical Report} (October 1993}, "Mitigation Options for Eight Sites in west
Eugene" February 1993}, "Assessment of Prapased Mitigation Areas in West Eugene"
February 1993}, the "1994 West Eugene Wetlands Annual Report" February 1995},
and the "Eastern Gateway Restoration Project Annual Report" January 1995}.
2G. 4n page 13, revise item #8 as follows: " '
3 f.\1 "'.~,1.'~l,ti. •%+y~j ~~ r 7!J,7L~+'~Y, 1°Y~~~?~,~,J P~ ~';"r~orl p!/~++"}J Fl r1 +,y°• •'t~o%': vara+~{ Fr fRr ~~r~. \~"Fc4f~ ~:: ~~
R~ve~-1°~a,l~d 4~~.~p~~e~'E?t~~s ~n~d~n e f ~ t~
rFm~r.^+•,vtifni?\v~.??t?:?~~`L~5~45,.?r<~,,.Llf.4.,.: ~ .~ Jn. ,<a•!'r~Nv%{yul .s/ } \,,.^~.\.w,nw,sw::r rd9r~.w/„ ;ii n~iJJlrf~rrh~z? ,~s ~~•\~•;!'no-k s%i.~a,P,<whYld,62c.~r.M,,,?.»
Chapter 3
Map 3 Legend
27. Add notation to new Planned Transportation Corridor designation;
Text Amendments Ordinance, Exhibit A (List of Amendments) Page I~
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G'CC~t~lto\L?:~nw.~KcCMy'f ir«x'w:." i .ti},sh.Sx .h..~w:.rw+nw7.J.."w,la.k?f~;.a.v,:li:;,,»~„l„s..S~ata;:,\w>:3~."w~+ef. .. ,.~. --...... ,,~'4~~~.?::s~~iG7ia7im,r•„ ,:::.;.:.V::kfh'a,~,~3~ .:.,«.~...w~'tc ..,.,i„/./,lar",3rJ:x~~~•
.vd.<vrr, r.,w,w.»,.roY,.,..,..,,,..»,.,..........,.,...
2$. Remove label for "Upland Mitigation Sites" and add labels for "Planned Transportation
Corridor" and "Utility Corridor".
29. Add a disclaimer to Map 3:
"This map is a generalized map, and should not be used to identify location of wetland
boundaries. For wetland boundaries refer to the accepted 'Wetland Conservation Plan
Inventory Map . "
3~. Change map title to "Wetland Designations"
1. Change legend on Map 3 as follows: "Berm and Furrow Wetland ~~ ~ ~~ ?''~
y~,~n~+ub%~
T, ~~x rff~f~r,' f~ ~ .r ~.
Conceptual Plan Map (was Map 4):
32 Amend legend to read This mar ~ f.r.+.w~ ,~,r
. p effects f ~I''f .A~:{f~fr future efforts "
....
.,.: s;4rc`~4 aSn'ntickw~~C~°`n<hl~k
33. Amend Legend to read "Areas Above SDO' Contour recommended for partial
~'`~~;~k~V,~' Natural Resources Functional Plan}" .
protection ~n the~f r~ V~~
{,,~;i„
34. This amendment has been removed from this ordinance and will be considered in
conjunction with the site-specific amendments.}
35. Remove buffers from Conceptual Plan Map (was Map 4).
Chapter 3 Text:
36. Add a new Recommended Action 3.14:
,~ ry~ryii u Fie
rn ?fx'
_'7y°~',S~f~~'k
~`ext Amendments Qrdinance, exhibit A (List of Amendments) Page 13
>:;;
~~°_
~,~ ..
{~
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~~,.
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. •::~
37. Throughout Chapter 3, replace "recommended" with "designated" and
"recommendation" with "designation" to clarify that these are adopted policy now, not
recommendations
Chapter 4
3S. Replace Recommended Action 4,1 with the following new text:
• ~'~:::,r..~
$~~~,,w
3>~:.~
39, Replace Recommended Action 4.14 with the following:
• :{s".' ~tiiC~r ~ r r•~M rr••,.f ~~~• ~. , ~a. ~Y?',;~~+.~~~.," u~G~~• yf~ f,..•l.. r, ,ran.. w~..
~,~: r ~"~•~~ r.q.r~~, ~%~:. ~/ ,urfii~~ , '~, ~~~fy>+,,;i Mips.., M Y3'f~~ .. r< .. ~/,{~~rf.. ~ l }a•f{ .. r,, myrtrr r+/''iii'~. ~f;. ~•• ~v +f'a'"'F~rl•. +yyr ~,C•`;~ ~ ,..u '^YY ' 'r'inr y r..y.,~ ~M
~ ~, a r u 9f ~'n,\K:,,Y /y~,lj~~ (r~r+rnrrr~.,rfyr •,~'~rr~`y ,sSk '3~•,r/ Ir s~ r ~~ ~~` ~prr~! ~i ,p,/~Y i `;~' sV~Y
H~~~o. ~h..~'~ • , s.r y ~. C~ t, ~g ~,~."~ ~F~j 3y~C,~ ''" ~' k a n ~~/ ~y^~' ~, r '+{ , * ~ k ~•.:
~~,t.. ~; ~~/~r y {~~1 + o`~v, rr r rs •"~ ~7 r ! ~/' rr/~7~ ~' ~f~n~sA~~"n ~ w~~:7 ~`rd r,~~~ ~~j
A!xai~vk~sa°`O.w ,~/!!d'i%/rY,d`.,~dr ,. x,I~YC!!,{/~q/r, ~i ~2"uu~,af~,..,'.'~'~w~r!!!If r"~aa"'Gr^'• .".uYG..<.5"G;Yf//Y ///~.:.!'"r.l.G/~`^~r\~v~~"r~'~"J~«rk.' i~~ ?oSF'a{ti
b ~titi ~ v ~r'~`f%// ~ "~~M`~~c~ sn~ ~~ l/,c`,~`~`~~, ~ ~~t• ~s~ ~4 ~ ~1 w (~ yu,~~r,"'~' ~l/~li., , ~r ,vim ~+agy ,z~/ r/
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1: • Yi3.9 ! r •n • ~r r ~a vi,
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F ~s•`~;" ~;. ~~J/!~~'7 sy ~ ~'€ S ~/~'r ~r~ ~~ R 1~~~`~/r ,r~'~•i '~'d~'1 3/~~\1' G, a• m•., a ~~~6~ ' r Sl !~;i
{ n. ~Ifr ~i ~'d~ ~' "#A ~lamj' ~ .,~ p, k ~ ; ~ ~ ~~' ~~. ~`'~i~ ~ .t .~ ` ~~ l llr ~ f ~.~~ ~'~~M~~ ~~t~~ ' ~ %'~ ~ '~ljr y~lf}w~CF,
~n„F 1.w..L9~~~f~~~ r}//~/.~X4' !rlr,,..,c~Yu~~~o :i~w.tah /r :I:~l,~~i,~,~/,~,lll a' ~i~; ':;~5',l>;D1~?!~•~/~.S~~~!111iii ` r.~~iti :•ku:`~..~~a. ,~d . +fn; .N.~J"~r~~'',Cvi,v'l.~r!~ •. <:~1 ~//l~'I"~?~2
.a~.w ,.
Chapter 6
40. Move "WEWSAS Capital improvement Program" section, Public Facility Projects
Table and Public Facility Projects Map to new appendix. Update acreage figures in
Capital Improvement Program discussion. Remove items 13,14, 15, lb, 17 from
Public Facility Projects Table, and add Amazon Channel Enhancement project, and
"Pilot Projects" item, Add new cost estimates for observation structures to Public
Facility Projects Table. Update Public Facility Projects Map consistent with Public
Facility Projects Table.
41, ~n page 55, 2nd paragraph, amend sentence to read: "The Plan suggests improvements
e ma a at these locations to provide additional flood capacity °'° ° ~`~"`1'~""~ ~~
storagefi~~~ f f ~ ~~ ~~an
?1 M'»'~'''/,G":f'!','~FiY~±:':Yl!,P4lA':',.~7~nwfrv'°v':h;c+;;+,'`Cfi,'•t'v'~:i
yr;,~,T~,~k~r~y,,~~a •,...Cr£ih~a ~ iFl ~'rr r,Y. ' SJrr; i'y ~Hf"' F.y '. m: 'fiai ''r"' rr ' rr terry r~ •rva
v 6 aSn /r // x Y G a"! x a~~s~ "Car+'~%`u 1k.1/ /rrc~,r~Y,;,o- F^9F"pSlr~+~~'fi', i~\\@w~r~/u$;{ti nw~,%p!h A\r~r~~uY' }?U~r~cgc' •
~~ ~' ~,~~ µ~~~~C~a~~° ~ ~~~~`n~'~ ~ ~r~(yJ~fv~o~.;~~~~,,+~u~~l~~ :~ ~n the Upper Amazon Basin;"
rrCr! ~ \a\ ~ ;:`~aSri'~ ,~ +' .,G.a,.....:;n..~„~!. lcb~~::Zra;~Xs°..,adr ".r.Cdrly,~eQi,4~~• ,F,~C~.".Jr;wH°"»Xws.h !fi % {,
Text Amendments Ordinance, Exhibit A (List of Amendments) page I4
42. Dn page 55, remove the 5th paragraph Emerald Canal}.
Appendix A
43. Delete existing contents of Appendix A and replace with excerpts from Chapter 9 of the
Eugene Code , ~ 971, sections on IWP Waterside Protection zoning overlay, IWB
Wetland Buffer zoning overly, and NR Natural Resource zoning district.
Appendix B
44. Delete Appendix B .
Appendix C
45. Site specific portions of the amendment have been removed and will be included with
the site specific amendments.}
Delete all but the section on wetland Value Criteria and update that section as follows :
"Wetland Value Criteria
The following criteria shall be used to determine wetland value categories for applying
setbacks, buffer requirements and other protection measures applied to wetlands designated for
ratection ori~~~{ ' ~ ' ~ ~~ ~~ ~` ~~~, ~r~w ~~ l y, ~ p }
p ~ ~~1~~~ I~~ ~'J b a 3
~.. ~.~iJhAn.uM3:~6,eX~..»kt.3rf94k~.~,5/!//n~H.7~72~;J.~".`.\\'ticd J c4 .z
High value wetland sites must meet at least five out of the following seven criteria:
a. site is relatively undisturbed
b, site contains rare plant species, Deschampsia cespitosa, or other unique
and diverse plant communities
c. site is large or is contiguous with another wetland or waterway
d. site is actually or potentially part of a connected wetland system
e. site contains a locally significant or rare habitat type
f. site received a wetland Evaluation Technique rating of 50 or greater
g. site received a Wildlife Habitat Assessment rating of 60 or greater
Moderate value wetland sites are all those sites that do not fit under the High Value or
Law Value categories .
f v}, *yy
ow va ue wet and sites f ~' c : gall disturbed agricultural sites r ~~~ A~, f . 9 ~ ; } }
~"a ,./ns,F ~„ :.l~ln~l,,.ciA";: ~~..~~i4'~F d;~- 4~~ d~
> , .., I.JOIIi,.~,:'r...:.ca ~r5::uu::'Yr ~'L.Y~iJ~~~ ~';~,:,:„t1ur.. ,`,
i~~ as mapped in the West Eu ene wetlands S ecial Area Stud Technical Re ort.
/~,,,,,f g P y p
4b. This amendment has been removed from this ordinance and will be considered in
Text Amendments Ordinance, Exhibit A List of Amendments) page ~~
conjunction with the site-specific amendments.}
Appendix E
47. Replace the existing Appendix E ~"comprehensive Wetland Mitigation Program"} with
a new appendix describing the process for amending the West Eugene Wetlands Plan:.
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.3~~i: „~..,F.,,Aar•,,~,~, ,~~~ ~. . , , <„ , ,. ,,, . ,. .~ I4., ~ ,~~ ,,~~:~~ e~c, ~e t~. ns to be
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The TAC is made up of staff representativesfromthe Oregon Division of State Lands, Dregon
Department of Environmental Quality, U.S. Army Carps of Engineers, U.S. Fish and'~Vildlife Service, and U.S.
Environmental Protection Agency.
Text Amendments ordinance, Exhibit A (List of Amendments) .Page 16
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Glossary
48. Amend introductory paragraph to glossary to include disclaimer: "These definitions are
intended to be explanatory, and are not adopted as policy. They may differ from
defnitions used in implementing ordinances."
49. Amend glossary definition of native plants; "Plants that occurred naturally in the west
Eugene area prior to white settlement."
50. Add the following:
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~'ext Amendments Qrdinance, Exhibit A ~~ist of Amendments} pale ,i ~
51, Amend definition of "rare species'? as follows;
"RARE SPECIES : "
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52, Add definition of "roadside ditch":
C:1UserINEII.IWEWPAM1RevisedPolicy PackagelEina] CC Policy ordinancelOrdla--2, Ame:~dment List, Exhibit A,wpd-July 1,1998
Text Amendments ordinance, exhibit A (List of Amendments gage ~$
Exhibit B
Findings of Consistency with
Oregon Statewide Planning Goals
The Eugene-Springfield Me~opolitan Area General Plan is a local comprehensive lan
y ~ p
acknowledged by the state s Land ~onservat~on and Development Comm~ss~on, and the West
Eugene Wetlands Plan is an adopted ref nement 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 Gregor Statewide Planning Goals.
These amendments to the West Eugene Wetlands Plan ~WEWP} will result in changes to existing
locally adopted policy that address four land use categories: natural resources, industrial lands,
commercial lands, and residential lands. Accordingly, this analysis addresses Gregon Statewide
Planning Goal 1 Citizen Involvement}, Goal S ~apen Spaces, Scenic and Historic Areas, and
Natural Resources}, Goal 9 Economic Development} and Goal l o Housing}. This analysis
concludes that these refinement plan amendments are consistent with applicable aregon
Statewide Planning Goals.
Background
The amendments analyzed herein are changes to policies and text of the West Eugene Wetlands
Plan. The amendments include 1 } changes to the criteria used to designate wetlands for
protection, restoration or development, 2} changes that will update policies regarding mitigation,
3}changes that respond to new information about rare species and 4} changes to the text of the
plan knot adapted as policy}. These amendments will not change the plan designation of any
land. These amendments clarify and further ref ne the WEWP. The findings of goal compliance
made as part of initial adoption of the WEWP remain essentially unaffected by these
amendments. The amendments do not significantly alter the function, design or structure of the
WEWP.
Goal 1-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 amore than 80o people}.
Palicy Amendments Ordinance, Exhihit B (Statewide Planning Goat Findings Page .l
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. 0n March 18,199G, a public hearing was held before the Eugene and Lane
County Planning Commissions regarding these amendments to the west Eu ene
g
'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. 0n 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 pasted on the City of
Eugene's world wide web Homepage before the hearing.
5. Gn February 18,1998, a public hearing was held before the Eugene City Council
and the Lane County Board of Commissioners regarding these amendments. The
record was held open for 14 days until March 4,1998} for written comments.
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.
we find that the opportunities for citizen involvement detailed above are beyond what is
necessary to achieve consistency with Goa11.
Goa15 ~ Gpen 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. 1n 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, DAR 6~0, Division 16, was adopted in 1991; revisions to the Goal 5
Rule were adopted in 199 as 4AR 6~0, Division 23. The 1991 Goal 5 Rule continues to a 1
pp Y
topost-acknowledgment plan amendments, such as the west Eugene wetlands Plan
amendments, initiated before September 1,199.
Policy Amendments ordinance, ~Fxhi~it ,B (Statewide Planning Goal Findings) page ,~
Goal 5 and the 1991 Goal 5 Rule focus on the process required to prepare a Goal 5 invento and
. ~'
develop a program to achieve the goal on a site-specific bass, through preservation of a resource
site; allowing conflicting uses and the loss of the resource; or mitigating negative im acts
. p
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.$00(15}, Approval for the existing plan as a Wetland Conservation Plan was ranted
g
by the Oregon Division of State Lands on September 13,1994 and amended on September 11,
1997. nRS 196.6848}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 DRS 196.665 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 19?.279]
Approval of the Nest 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} far those areas, uses and activities which are regulated by the
plan.
The amendments clarify and further refine the wEWP, The Endings of goal compliance made as
part of initial adoption of the wEWP remain essentially unaffected by these amendments. The
amendments do not significantly alter the function, design and structure of the wEwP.
The fundamental program developed for Goal 5 compliance remains essentially unchanged. The
policies and criteria of the WEWP operate as a tool to further Goal 5 compliance by assisting in
determining the signif cance 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, kee in
p g
~n mind that the larger system of which these wetlands are a part extends beyond this and other
political boundaries.
The Plan as adopted in 1992 struck a unique balance between protection and development of
wetlands within the Plan area. Over 2S0 acres of wetlands were designated far development, but
a much larger area, over 1,000 acres, was designated for protection or restoration. The magnitude
of wetlands designated for both development and protection was unprecedented in Gregon. The
current amendments maintain the balance established by the original plan by keeping the policies
in line with those in the original Plan,
Policy Amendments Qrdinance, Exhibit ~ (Statewide Planning Goat Findings} Page 3
As detailed in Exhibit C, the amendments are consistent with the applicable policies of the Metro
Plan and the Nest Eugene Wetlands Plan. Those are the same policies previously acknowled ed
. g
as bung in compliance with statevv~de planning goals; and, ~n 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
SRS 196.651 to 196.654 and OAR 141, Division 120. For those reasons, the policy and text
amendments to the Nest 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:
The analysis below considers effects of the proposed changes to the policies and text of the west
Eugene wetlands Pian on the supply of buildable industrial and commercial land. The key in
this analysis is the examination of the potential impact to buildable lands of the proposed criteria
for designating wetlands compared with that of the criteria currently in the plan. The narrative
analysis below shows that the changes do not change the criteria towards protecting more
wetlands than would be protected under the criteria currently in the Plan.
Existing Protection Criteria Proposed Protection Criteria Impact of Change
1. Presence of rare plants 1. Site contains populations} Change from very broad
of one or more rare plant or definition of rare plants in
animal species and contains existing plan glossary to list
sufficient and suitable habitat of species in policy, which
for the long-term protection of narrows number of sites that
the populations}. This will meet criterion,
criterion is not met if only Specif es size, habitat and
small occurrences of a species distribution characteristics,
are found on a site with limited which also means that fewer
suitable habitat that is isolated sites will meet criterion.
from other undeveloped This change favors
parcels. development somewhat
more than existing criterion,
but reflects original plan
intent,
2. Site has Metropolitan Plan 2. Site is designated "Natural No impact.
designation of Natural Resource" on the Metropolitan
Resource. Area General Plan diagram.
Policy amendments QYdinance, Exhibit ~ Statewide Planning Goal Findings Page 4
Existing Protection Criteria
3. Site is within the 10D year
floodplain.
4. Site is near a perennial
waterway.
5. Site is connected
geographically or
hydrologically to other
wetlands or waterways.
6. Site contain a high
diversity of wildlife habitat or
contributes to the diversity of
wildlife habitat within the
region.
rr.~i~n ~ uuun nroi~ri.nn irioi iruun~
Proposed Protection Criteria
3. Site is primarily within the
100 year floodplain.
4. Site is within 1 QO feet of
Amazon Creek or the A~3
Channel.
5. Site is geographically or
hydrologically connected to
other wetlands or waterways.
~w.~mr~i iuw mon - i.nnni uu
G. Site contain a high diversity
of wildlife habitat or
contributes to the diversity of
wildlife habitat within the
region.
Impact of Change
Distinguishes between sites
where a tiny portion is
within the floodplain from
those where most of the site
is within it, This will mean
that fewer sites will meet
the criterion. This change
favors development
somewhat more than
existing criterion, but
reflects original plan intent.
By specifying both the
distance and the waterways,
this change will mean that
fewer sites will meet this
criterion. This change
favors development
somewhat more than
existing criterion, but
reflects original plan intent.
No impact. There has been
no change in the meaning of
this criterion,
No change in this criterion.
Policy amendments Ordinance, Exhihit B (Statewide Planning Goal Findings} Page 5
Existing Protection Criteria Proposed Protection Criteria Impact of Chan e
g
7. Protection of site would 7. Site has unique This change adds an
further the goals and
. characteristics which make it additional factor of uni ue
q
objectives of this plan. of special importance to the characteristics to the
functioning of the larger existing criterion. Since
wetland system in west they are joined by "and", a
Eugene and protection of site site must have both unique
would further the goals and characteristicsAHD further
objectives of this plan. plan goals and objectives to
meet this criterion. This
added factor would, if
anything, reduce the
number of sites that would
meet this criterion,
S. Presence of unique S. Site contains indigenous Updates terms, makes
Willamette Prairie Grassland wet prairie habitat. This format consistent with other
plant community. criterian is intended to apply to criteria and adds ualifiers
q
areas of wet prairie habitat that of size and quality. The
are large ar of moderate to high added qualifiers reduce the
quality. number of sites that will
meet this criterion. This
change favors development
somewhat more than the
existing criterion, but
reflects original plan intent.
NSA ~. Site characteristics, This criterion was added in
including size, location and order to prevent designating
surrounding uses and activities sites for protection that
are such that there exists a high cannot physically be
probability that the site can be protected and maintained as
protected in perpetuity through wetland. if anything, this
the Nest Eugene Wetlands change would result in
Program, fewer sites meeting the
protection criteria as a
whole.
Policy Amendments 4t~dinance, Exhibit B (Statewide Planning Goal.Findings~ page b
Existing Development Proposed Development Impact of Chan e
g
.
Cr~ter~a Cr~ter~a
1. Prior to adoption of this 1. Prior to adoption of this Plan, Addition of the phrase "or
Plan, the site has an approved or prior to inclusion of site in prior to inclusion of site in
wetland impact permit from this Plan, the site has an this Plan" allows more sites
the aregon Division of State approved wetland impact permit to meet this criterion since it
Lands and U. S. Army Corps of from the Oregon Division of includes sites that received
Engineers, or an approved State Lands and U. S. Army approvals after plan
Final Environmental Impact Corps of Engineers, or an adoption, but before
Statement approved Final Environmental incorporation of the site into
Impact Statement which the plan. This change favors
justifies fill and development of development somewhat, but
the site. reflects the intent of the
existing plan. Addition of
the phrase "which justifies
f 11 and development of the
site" restricts those sites with
approved EIS to thane where
fill and development is
justified in the EIS.
However, a project requiring
an EIS which did not justify
f 11 and development would
not be constructed, so this
would essentially have no
impact.
2. The site is relatively 2. Site is relatively isolated or No change.
isolated or disconnected from disconnected from the larger
the larger system of wetlands system of wetlands and
and waterways. waterways,
Policy Amendments G~dinance, .Exhibit B (Statewide Planning Goal Findings} page ~
Existing Development Proposed Development Impact of Change
Criteria Criteria
I. Prior to adoption of this 1. Prior to adoption of this Plan, Addition of the phrase "or
Plan, the site has an approved or prior to inclusion of site in prior to inclusion of site in
wetland impact permit from this Plan, the site has an this Plan" allows more sites
the Oregon Division of State approved wetland impact permit to meet this criterion since it
Lands and U.S. Army Corps of from the Oregon Division of includes sites that received
Engineers, or an approved State Lands and U.S..Army approvals after plan
Final Environmental Impact Corps of Engineers, or an adoption, but before
Statement approved Final Environmental incorporation of the site into
Impact Statement which the plan. This change favors
justif es fill and development of develapment somewhat, but
the site. reflects the intent of the
existing plan. Addition of
the phrase "which justif es
fill and development of the
site" restricts those sites with
approved EIS to those where
fill and development is
justified in the EIS.
However, a project requiring
an EIS which did not justify
fill and development would
not be constructed, so this
would essentially have no
impact.
2. The site is relatively 2. Site is relatively isolated or No change.
isolated or disconnected from disconnected from the larger
the larger system of wetlands system of wetlands and
and waterways. waterways,
3. The site is served by 3, Site is served by existing No change.
existing streets, roads, streets, roads, sanitary sewers
sanitary sewers and and municipal water
municipal water
4. The site is adjacent to or 4. Site is adjacent to or No change.
surrounded by existing surrounded by existing
development development
5. The site has frontage on a 5, Site has frontage on a major No change.
ma j or highway or street. highway or street.
Policy Amendments Qrdinance, Exhibit B (Statewide Planning Goal Findings} Page g
Existing Protection Criteria Proposed Protection Criteria Impact of Change
NIA 6. Site has unique This new criterion was
characteristics which make it added to allow
of special importance to the consideration of factors
economic development of such as a scarce land use
West Eugene, and allowing category or a unique
development of site would location in relationship to
f~u~ther the goals and ab j ectives the larger picture of
of this plan. economic development in
the plan area. This change
was intended to give more
"weight" in the
development criteria for
these unique sites, and
make it mare likely that
they would be designated
for development. This
change favors development
somewhat, and is consistent
with the goals and policies
in the plan.
In summary, the above tables show that nearly all of the proposed changes slightly favor the
development designation compared to the criteria in the existing plan. However, the changes are
so minor that they can be considered essentially neutral when considering their impact on future
site designations. In fact, the changes were both proposed and adapted with the intent that they
would clarify existing policy, not substantially change it. There is no evidence that proposed
criteria far designating wetlands will result in more pratection of industrial or commercial lands
than the current criteria.
Industrial Lands
The Me~olitan Industrial Lands S~a~ , Ste, including both the Inventory Report and the
Polic~Re~„ort, describes the long-term supply and demand for industrial lands metro-wide. In
1992, these documents were approved by the Eugene City Council, the Springfield City Council
and the Lane County Board of Commissioners. According to the data and findings contained in
these reports has of January 1, I989}, approximately 3,640 acres of buildable industrial land were
available in the Metro area.' The twenty-year demand prof ection for buildable industrial land
Metrouolitan industrial Lands Invento,,ry„ Re~o_rr, Lane Council of Governments,125 East 8th
- - _,
Avenue, Eugene, Oregon, 97401, duly 1993, p.73.
Policy Amendments Ordinance, Exhibit B Statewide Planning Goat ~`indings~ Page 9
was between 650 and 1,172 acres.2
Wetland designation changes to protection or restoration as a part of these amendments would
decrease the available inventory of industrial Iand. 'Wetland designation changes from protection
or restoration to development would increase the supply of available industrial land,
The proposed policy changes would result in some sites being protected and some being allowed
to develop. For the sake of analysis, let us assume that all the undesignated wetland sites would
be designated for protection. If this were true it would reduce the buildable industrial land supply
by 179.5 acres. This represents a 5% reduction in the overall su I of industrial land leavin
pp Y ~ g
3,420,5 acres of inventoried industrial land unaffected by these refinement plan amendments.
This represents a supply that is 2,248.5 acres more than the maximum projectedtwenty-year
demand for 1,172 acres.
Commercial Lands
The Eu ene Commercial Lands Stud X1992}, provides an analysis of the supply and demand of
vacant commercial land within Eugene. The study was prepared by the Eugene Planning
Commission, and it serves as a refinement to the Metro olitan Area General Plan. According to
the findings contained in this study, 702 acres adjusted total supply} of vacant commercial land
were available.3 The prof ectedtwenty-year demand for vacant commercial land within the
Eugene portion of the Urban Crrowth Boundary only) was 532 acres, including 109 acres of
developable office land and 423 acres ofnon-office commercial,4 For the purposes ofthis
analysis, developable offce is land designated in the Metropolitan Area General Plan for
commercial use, which is zoned GO General Uffice. There is no land zoned General Gffice that
contains undesignated wetland. Therefore, there will be no impact to the supply of offce
commercial land as a result of these amendments,
Wetland designation changes to protection or restoration as a part of these amendments would, in
effect, decrease the available inventory of commercial land. Designation changes from
protection or restoration to development would increase the supply of available commercial land.
Under the proposed amendments, some wetlands wauld be designated for protection or
restoration, and some for development.
There are currently 18.8 acres of commercial land that contains undesignated wetlands within the
WEWP area. If all of these acres were removed, it would represent a 2, 7% reduction in the
overall supply of inventoried commercial lands, leaving about 683 ,2 acres of inventoried
Ibxd., p.73.
J Eugene Commercial Lands StudX, Eugene Planning and Development Department, 777 Pearl
Street, Room 106, Eugene, Qregon,1992, p. II-15.
~ Ibid., p.II-15.
Policy Amendments Ordinance, Exhibit B (Statewide Planning Gaal Findings Page ~0
commercial land still available. This is 150 acres mare than the projectedtwenty-year demand.
Since no office commercial lands were impacted, it must be assumed that all reduction would be
to the non-office commercial category. The projected demand for this category is 423 acres.
According to the Commercial Lands Study, the inventory of buildable commercial land includes
4G5 acres of land designated in the Metro Plan for commercial use, but not zoned far office use.
An additional 197 acres is included in the inventory that is not categorized between office and
non-office use, though a percentage of it can be assumed available for non-office commercial.
Using only the 465 acres explicitly denoted in the Commercial Lands Study, after subtracting the
18.5 acres that could be removed by protection of wetlands in these amendments, 451 acres are
left, which is 23 acres more than the projected demand for this category.
The foregoing analysis concludes that even if all of the commercial and industrial undesignated
wetlands were removed from the buildable lands inventory by designating them for protection,
there would be adequate land in the inventory to the meet the project 20-year demand for
industrial and commercial land.
Since the policy changes clearly do not move the Plan toward more protection, and since even
removing the maximum possible acres from the land supply would leave adequate buildable land
in both categories, these amendments are consistent with Goal 9.
Goal 10 -Housing
The purpose of Goal 10 is to provide for housing needs of the citizens of the state.
Findings:
As discussed and analyzed above, the proposed policy amendments da not move the plan toward
protecting more wetlands. There is no evidence that the proposed criteria for designating
wetlands will result in more protection of residential lands than the current criteria.
The Metro olitan Area Residential Land Stud : Su 1 and Demand Anal sis X1991}, describes
the supply and demand for residential lands within the Eugene-Springf eld Urban Growth
Boundary. This report is the 1959 update to the residential supply and demand analysis prepared
for the Metropolitan Area General Plan. According to the findings contained in this report,
11,414 acres of vacant, buildable residential land were available in the Metro area in 1989.5 The
twenty-year demand projection for vacant, buildable residential land was between 7,41Q and
8,23 Q acres.6
Metro olitan Area Residential Lands Stud Eugene Planning and Development Department, Clty
of Springfield Development Services Department, Lane Council of Governments, dune,1991,
p.44.
Ibid., p.1 D3 .
Policy Amendments ordinance, exhibit B (Statewide Planning Goal ~'indings~ Page I.I
wetland designation changes to protection or restoration as a part of these amendments would in
effect, decrease the available inventory of residential land. The total area of residential land that
contains undesignated wetlands is 72 acres. 1f all of these acres were protected and removed
from the buildable lands inventory it would represent a O.d% reduction in the overall su 1 of
pP Y
inventoried residential lands, leaving about 11,342 acres of inventoried residential land still
available. This represents a supply of several thousand acres beyond the projected twen -ear
tY y
demand for between 7,410 and 5,23 0 acres.
The foregoing analysis concludes that even if all of the residential undesignated wetlands were
removed from the buildable lands inventory by designating them for protection, there would still
be adequate land in the inventory to the meet the projected 24wyear demand.
Since the policy changes clearly do not move the Plan toward more protection, and since even
removing the maximum possible acres from the residential land supply would leave ade uate
q
buildable land to meet the prod ected 20-year demand, these amendments are consistent with Goal
l0.
conclusions
The above findings show that these amendments to the west Eugene Wetlands Plan are
consistent with Gregon Statewide Planning Goals 1, 5, 9 and 10. This conclusion is based on the
following:l }the abundant opportunities provided for citizen involvement throughout the
planning process 2}the proposed policy amendments do not move the plan toward rotectin
. P g
more wetlands, 3} the maximum acreage that could be removed by designating currently
undesignated wetlands would still leave adequate industrial commercial and residential lands to
meet the projected demands for the 20-year planning period and 4}these amendments do not
significantly alter the basic structure and function of the West Eugene V~etlands Plan and its
protection of wetland resources. No further analysis of Statewide Planning Goals is necess for
these amendments to the West Eugene wetlands Plan.
Policy Amendments Ordinance, exhibit B (Statewide Planning Gaal Findings Page 12
Exhibit C
Findings of Consistency with Refinement Plan
Amendment Criteria
Eugene Code section 9.145 provides the criteria to determine whether a proposed plan amendment
should be approved. The propased amendments must be consistent with the criteria in EC 9.145
to be approved.
Section 9.1452} "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 propased amendments related
Endings 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."
Several of the proposed policies indirectly acknowledge the value of existing and
new industrial development. These include amendments numbers 6Z criteria for
designating wetlands for development}, 75-78 and 82-83 mitigation bank program
policies}. These policies continue provide a framework for allowing wetland of
lesser value to be developed with planned industrial uses, and for those wetlands to
be replaced through the mitigation bank with greater ease.
Policy 5, page III-B-S: "Provide existing industrial activities sufficient adjacent land for
future expansion."
None of the proposed policies specifically address preservation of land for expansion
of existing industrial development. However, the criteria for identifying sites suitable
for development Amendment #6Z} acknowledge the economic value of certain sites
in subsections 3-6. In addition amendment #b2 includes adding a new criterion for
designating sites for development that acknowledges the unique characteristics of a
site which make it of greater importance to the economic value of the area. Under
some circumstances, this criterion could address expansion of existing businesses.
~'ext Amendments Ordinance, Exhibit C ~Re~nement Plan Amendment Findings} Page 1
Policy 18, page 111-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 quali ,
. ~'
forest values, vegetation, and wxidhfe 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 specef c action ar
proposal. In addition, the West Eugene Wetlands Plan as a whole is a plan which
outlines a program for management of develo ment in and around wetlands to
p
protect values as described in Policy 18.
Policy 19, page II1-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."
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.
Policy ~7, page III-C-1o: "Local governments shall encourage further study by
specialists of endangered and threatened plant and wildlife species in the metropolitan
area."
Proposed amendments numbered 67 and 6S provide direction for the study and
management of rare species within the Plan area, These amendments are consistent
with the above policy.
Policy 2S, page III-C-10: "Local governments shall protect endangered and threatened
plant and wildlife species, as recognized on a legally adopted statewide List, after notice
and opportunity for public input."
Several text amendments address protection of rare plants proposed amendments
numbered 62, 67 and 68}. These amendments would 1 }limit consideration of rare
plants to the presence of rare species listed in the plan taken from the aregon
Natural Heritage Program Lists 1 and 2} when determining whether to protect a site,
2} direct the City to pursue interim protection of rare species populations on sites not
designated for protection in the Plan and 3} pursue development of habitat
conservation strategy planning far rare species. These policies are intended to ensure
the protection of rare plants on sites with potential for long-term protection and
management, and to expand the populations on suitable sites, while allowing needed
road improvements or development with small impacts to these species. Additional
policies identify which species are considered rare within the plan area.
Text Amendments Ordinance, exhibit C Refinement Plan Amendment Findings} Rage 2
The proposed amendments are consistent with this policy.
Policy 29, page III-C-11: "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. The Bertelsen Slough area is owned and managed by the
Bureau of Land Management as a protected natural resource area, The Willow Creek
Natural Area is awned by the Nature Conservancy and is also managed a~s a protected
natural area.
The proposed amendments will not change the fact that both Bertelsen Slough and
Willow Creek are being actively managed by their respective owners for protection
of natural resources. The 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 criteria proposed in these amendments for designating wetlands sites for portions
of sites} includes criteria for protection andlor restoration of wetlands, which will
prevent disturbance of wetlands, water features and natural vegetation on those sites.
By protecting wildlife habitat, water quality and vegetation on sites that meet these
criteria, these proposed amendments are consistent with the above policy.
The reference to "economic, social, environmental and energy impacts" comes from
statewide planning Goal 5. See Exhibit B, incorporated herein by reference} for a
discussion of consistency of these amendments with Goal 5.
The overall impact of applying the policies in the proposed amendments to the West
Eugene Wetlands Plan, if they are approved, is to continue to protect the mad ority of
wetlands and waterways in the Plan area in the manner established by the original
Plan, This includes protecting natural vegetation on the most valuable wetland sites
and restoration of native habitat on suitable restoration sites. Based upon the level
of protection of these provisions, the amendments are consistent with this policy.
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. The proposed
amendments meet the criterion of Metro Plan consistency.
Section 9.1452}fib}: "The plan amendment is consistent with remaining portions of the
refinement plan;"
Findings:
The Nest Eugene Wetlands Plan contains the fallowing 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."
The criteria proposed in these amendments for designating wetlands sites for portions of
sites} includes criteria for protection andlor restoration of wetlands, which will prevent
disturbance of wetlands, water features and natural vegetation on those sites. By
protecting wildlife habitat, water quality and vegetation on sites that meet these criteria,
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 criteria proposed in these amendments for designating wetland sites for portions of
sites} include criteria for identifying sites for future development. They include one
criterion amendment #G2, development criterion G} that recognizes sites that are of
particular importance to the economic development of West Eugene. This criterion can
be used to recognize outstanding economic features of a site that contribute signif cantly
to the economic development of the area. These criteria are designed to preserve
development values an sites where environmental values are low and development
values are high. The amendments leave intact various provisions and policies addressing
economic development values that are contained in the West Eugene Wetlands Plan.
These provisions support Goal 3.2. No new policies are introduced that contradict 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."
Several text amendments address protection of rare plants proposed amendments
numbered 62, 67 and GS} These amendments would 1}require consideration of rare
plants and animals listed in the Plan taken from the Gregor Natural Heritage Program
Lists I and 2} when determining whether to protect a site, 2} direct the City to pursue
interim protection of rare species populations on sites not designated for protection in the
Plan and 3} pursue development of habitat conservation strategy planning for rare
Text Amendments ~t~dinance, Exhibit C Refinement Plan Amendment Findings) Page ~
species. These policies are intended to ensure the pratection of rare plants and animals
on sites with potential for long-term protection and management, and to expand the
populations on suitable sites.
The change proposed under amendment #62 would limit the consideration of rare plants
(for the purposes of determining protected sites} to species that are listed in the Plan.
The adopted list includes species on Lists 1 and 2 of the Oregon Natural Heritage
Program.
The Oregon Natural Heritage Program is a statewide system for tracking plant and animal
species of concern. ~t is a cooperative program of The Nature Oonservancy, the Oregon
Division of State Lands and other state agencies involved with identif cation and
protection of sensitive species. Every other year the ONHP produces a document called
"Rare, Threatened and Endangered Plants and Animals of Oregon". The document is
separated into sections on animals and plants, For both plants and animals, there are lists
numbered 1, 2, 3 and 4, These lists are produced through a consensus process of
participating scientists including both state and federal agency biologists as well as
"independent" biologists} at a bi-annual conference. List 1 includes species that are
threatened with extinction ar presumed to be extinct throughout their entire range List
1 generally includes federally listed and candidate species}. List 2 includes species that
are threatened with extirpation' or presumed to be extirpated from the state of Oregon.
List 3 includes species for which more information is needed before status can be
determined, but which may be threatened or endangered in Oregon or throughout their
range. List 4 contains species which are of concern, but are too common to be currently
considered threatened or endangered.
Only lists 1 and 2 contain species which are conf rmed to be threatened or endangered.
These two lists most closely match the intent of the proposed amendments to the
protection criterion for rare plants. The species, by List, which occur within wetlands in
west Eugene are shown below:
List 1
Aster curtus
Erigeron decumbens var. decumbens
Horkelia congesta
Lomatium bradshawii
List 2
Cicendia quadrangularis
white-topped aster
Willamette daisy
shaggy horkelia
Bradshaw's lomatium
timwort
~ "Extirpation" means eliminated or destroyed, in this case within a geographic area; distinguished from
"extinction" which means no longer found anywhere.
Text Amendments drdinance, Exhibit C (Refinement Plan Amendment Findings Page 5
The five species on Lists 1 and 2 have generally been considered the "rare" species
within the west Eugene wetlands over the past several years. By comparison, the
definition of "rare plant" in the original plan for individual species} was "a species
which does not have threatened or endangered status, but is present in small numbers
throughout its range." In other words, the term "rare" is not dependent upon state or
federal listing, but rather on the actual status of the plant population. The 4NHP lists 1
and 2 include those species which have been canfirmed to be rare either in Gregon or
throughout its entire range, In summary, amendment #62 would contribute to protection
of rare, threatened and endangered plant species as called for in Goal 3.5.
~n addition to specifying rare plants from the aNHP Lists, amendment #62 adds
consideration of rare animals from the same CNHP lists. As the listing below indicates,
the only animal species an Lists 1 or 2 that are confirmed within the Nest Eugene
wetlands Plan area are Fender's blue butterfly and the northwestern pond turtle. These
are listed below.
List 1
~Icaricia icarioides fenderi} Fender's blue butterfly
List 2
Clemmys marmorata marmorata northwestern pond turtle
Amendment #67 gives direction to the City to pursue strategic planning for conservation
of rare plant habitat in the Plan area. Amendment #6S directs the City to pursue interim
protection of rare plant sites not designated for protection. Both of these new policies
augment existing policy in the west Eugene Wetlands Plan calling for protection of rare
plants and their habitat in the Plan area.
Goal 3.6 "Achieve state and federal requirement of "no net loss" of wetlands in both quantity
urea} and quality functions and values}."
The West Eugene Wetlands Plan addresses the "no net loss" policy through protection
of valuable wetlands and coordinated restoration of degraded wetlands to replace those
that are filled. This approach is not changed by the proposed amendments. The
proposed amendments that address the mitigation bank numbers 73, 74, 75, 76, 77, 78,
$2 and $3} maintain the intent of no net loss of wetlands contained in the existing Plan.
Goal 3.7 Protect an interconnected system of wetlands within a sustainable, ecologically sound
system, with a high likelihood oflong-term survival.
Amendment #62, which adds a new wetland protection criterion addressing probability
of achieving long-term protection also addresses this policy. The new criterion would
add consideration of the feasibility oflong-term protection to other considerations when
~'ext Amendments Ordinance, Exhibit C Refinement Plan Amendment Findings Page ~
determining whether to protect a site. This is consistent with the Plan Goal of protecting
a wetland system with a "high likelihood of long-term survival".
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."
The proposed amendments do not affect the on-going efforts of the west Eugene
wetlands Program to acquire wetlands designated for development in the Plan.
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. Proposed
amendment #63 gives direction to local governments about issuance of building permits
within protected wetlands. This subject was also not addressed in the original Plan.
Section 9.145 ~2}~c} 2. "A change of circumstances in a substantial manner not anticipated
in the plan;"
Findings: Seven proposed policies are introduced as clarifications of existing policies in the Plan.
Property owners, developers, and various agency staff have on numerous occasions
commented on the lack of clarity in the existing plan regarding:l } how the protection
and development criteria are interpreted and applied, 2} what the relationship is between
wetland protection policies and the city's buildling permit process, 3}how mitigation
sites are identified, 4} whether the wetland designations map in the plan accurately
reflects wetland boundaries, 5}whether roadside ditches are protected under the plan, 6}
whether all wetlands on public land were intended to be protected, and 7} what the city's
policy is regarding use of degraded wetlands far starmwater quality improvement. The
lack of clarity of these policy areas was not anticipated at the time of Plan adoption.
These amendments include numbers 62, 63, 64, 65, 70, 71, 72.
Conclusions: The proposed amendments listed above regarding rare plants meet the criterion above
because they respond to information about rare plants not available at the time of
Plan adoption. The proposed amendments listed above which address lack of clarity
Text Amendments Qrdinance, Exhibit C .Ref nement Plan Amendment Findings Page 7
experienced by City staff following adoption of the Plan respond to a situation not
anticipated during Plan adoption and are thus consistent with this criterion.
Section 9.145 ~2}~c}3. "Incorporation into the plan of new inventory material which relates
to a statewide goal; or"
Findings: Proposed amendments which address rare plant protection numbers 62, 67 and 68}
are introduced to respond to new information about rare plant distribution that was
not available at the time of Plan adoption. Information gathered since adoption of
the Plan shows that there are a number of small wetland sites, surrounded by
development, with small rare plant populations which would be very difficult to
protect due to their isolation from other habitat areas, small size, and surrounding
uses. Due to their isolated nature these sites cannot be integrated or connected to the
larger wetland system. When the Plan was adopted in 1992, it was thought that the
rare plants existed only on the large, pristine wet prairie wetland sites such as the
willow Creek Preserve. Amendment #62 would require consideration of plant
species listed in the Plan taken from the Gregon Natural Heritage Program Lists 1
and 2}when evaluating new wetland sites for designation. This change is based upon
the results of recent plant surveys, which have revealed the distribution of rare plant
species on the adopted list. Therefore, these amendments address new inventory
information which addresses Statewide Goal 5, and are consistent with this criterion.
Conclusions: Amendments 62, 63, 64, 65, 67 and 68 are consistent with this criterion.
Section 9.145 ~~}~c} 4. "A change in public policy,"
Findings: The nine proposed amendments dealing with the mitigation program are based upon
changes in how the mitigation bank operations are conducted, which in turn is based
upon an intergovernmental agreement which includes the City of Eugene, Oregon
Division of State Lands, Gregor Department of Environmental Quality, U.S.
Environmental Protection Agency and U. S. Army Corps of Engineers these include
proposed policies numbered 73, 74, 75, 76, 77, 78, $2 and 83}.
Three proposed policies are needed to maintain consistency with other changes being
proposed. These amendments include numbers 66, 80 and S 1.
Amendments #66 and #80 reflect changes to the protection and development criteria
under amendment #62. Amendment #81 reflects a new policy added under amendment
#65.
Conclusions: The proposed amendments listed above which address changes in mitigation bank
operation reflect new state and federal policy and the local intergovernmental
agreement implementing the City's bank program, and thus meet this criterion.
Text Amendments Ordinance, Exhibit C (Refinement Plan Amendment Findings) page g
The proposed amendments fisted above which maintain consistency with other
proposed changes respond to changes in local public policy and thus are also
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). See also Exhibit D.
Based upon the discussion, findings and conclusions herein above}the proposed amendments
are found to be consistent with the applicable criteria captained in Eugene Code Section 4.145.
C,IUser1NEILIWEWPAMIRevise~ Policy Packagell~inal CC Policy ardinancelordla, Findings,Exhibit C.wpd ]uly 1,1998
Text ~4mendments Qrdinance, exhibit C ~Pef nement Plan Amendment Findings Page g
Exhibit D
Matriz of Consistency
With Refinement Plan Amendment Criteria
All Amendments must Each Amendment must meet at least
meet these criteria one of these criteria
Amendment EC EC EC EC EC EC
Number 9.145(2)(a) 9.145(2)(b) 9.145(2)(c)1. 9.145(2)(c)2. 9.145(2)(c)3. 9.145(2)(c)4.
62 X X X
63 X X X
64 X X X
65 X X X
66 X X X
67 X X X
68 X X X
70 X X X
71 X X X
72 X X X
73 X X X
74 X X X
75 X X X
76 X X X
77 X X X
78 X X X
80 X X X
81 X X X
82 X X X
83 X X X
An "X" in this table means the criterion at the head of the calumn is met for the amendment in the leftmost column.