HomeMy WebLinkAboutOrdinance No. 20147ORDINANCE NO. ~/Y~
AN ORDINANCE AMENDING THE WEST EUGENE WETLANDS
PLAN BY ADOPTING PLANNED TRANSPORTATION CORRIDOR
WETLAND DESIGNATIONS FOR CITY PROPERTIES LOCATED
WITHIN THE WEST 1STH AND WEST 11TH AVENUE ROAD
IMPROVEMENT PROJECTS.
The City Council of the City of Eugene finds that:
A. On May 20,1992, the Eugene City Council adopted Ordinance No.19553 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.19567 adopted
by the City Council on August 10,1992.
B. 0n March 6,1995, the Eugene City Council adopted Ordinance No. 20002 amending
the West Eugene 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 test, 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 'Nest 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, including the policy amendment to
create a new Planned Transportation Corridor wetland designation and the amendments to apply the
Planned Transportation Corridor wetland designation to property located within the West 18~~and
West 11~' Avenue road improvement projects. On June 4, 1996, the Lane County Planning
Commission recommended approval of these amendments to the Lane County Board of
Commissioners.
F. On February 18,1995, the Eugene City Council conducted a joint public hearing with
the Lane County Board of Commissioners on amendments to establish new Planned Transportation
Corridor and Utility Corridor wetland designations.
G. On May 20,1995, the Eugene City Council adopted Ordinance No. 20119 amending
the West Eugene Wetlands Plan to establish new Planned Transportation Corridor and Utility
Corridor wetland designations. These amendments were adopted by the Lane County Board of
Commissioners on June 24,199$ and took effect on July 24,1995.
Ordinance -1
H. ~n February 22,1999, the Eugene City Council held a public hearing on the proposed
plan map amendments, and is now ready to take action on these amendments as set forth in Exhibit
A,
I. Evidence exists within the record and the f ndings attached hereto that the amendments
shown in Exhibit A 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 DUES 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 hest Eugene VLletlands Plan.
Section 2. Except as amended by ordinance No.19867 on August 10,1992, ordinance
20002 on March 6,1995, ordinance 20119 on May 20,1998 and herein, all other provisions of the
Nest Eugene Wetlands Plan remain in full farce 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. rf 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
6~~day of ~ ,1999
~~
City Recorder
ordinance - 2
~~~day of L a1' 1999
Exhibit A:
West 18t" Avenue Site
Exhibit A:
West llt'' Avenue Site
Area ~o be desi nated Planned
Transportation Corridor
Y,
WILLOW CREAK RD
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 Nest
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 City of Eugene File R.A 9d-Oa 1 }.
These amendments to the West Eugene Wetlands Plan affect three land use categories: natural
resources, industrial and commercial lands, and residential lands. Accordingly, this analysis
addresses Oregon Statewide Planning Goal 1 Citizen involvement}, Goal 5 Open Spaces,
Scenic and Historic Areas, and Natural Resources}, Goal 9 Economic Development} and Gaal
1 U Housing}. This document also contains findings and conclusions on the impacts of the
amendments on the supply of industrial, commercial and residential lands in the Eugene-
SpringfieldMetropolitan area. This analysis concludes that these refnement plan amendments
are consistent with applicable Oregon Statewide Planning Goals.
Background
The two amendments analyzed herein are changes to the Wetland Designations Map Map 3} of
the West Eugene Wetlands Plan. This map applies one or mare of several def ned wetland
designations to each inventoried wetland in the study area. These amendments only involve the
application of the "Planned Transportation Corridor" designation. This designation is applied to
areas previously designated for restoration or protection to allow needed roadway improvements.
Since these amendments only apply this designation to nonwbuildable areas ~i.e., wetlands
designated for protection or restoration} and the designation only allows road improvements, they
do not affect the buildable land inventory.
Goal 1~Cit~zen Involvement
Statewide Goa11 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.
l . This process began with a wetland inventory project in 1993, for which all
affected property owners were contacted to obtain permission for the study to be
conducted on their property. Only properties where owners gave permission were
included in anon-site study.
at~dinance, Exhibit B (Statewide Blanning Goat Findings) Wage 1
2. After the wetland inventory was completed, the results were presented at a public
workshop held on December 11,1993. All affected owners, and everyone on the
West Eugene Wetlands Plan interested parties list amore than 800 people} were
sent notices about the workshop.
3. After studying the new wetland inventory data and incorporating citizen
comments from the 1993 Workshop, a second workshop was held to present to
the public preliminary staff recommendations for amendments to the West Eugene
Wetlands Plan. This workshop was held on June 28,1994 and notices were sent
to all those that got the earlier notice plus any wha requested to be an the mailing
est.
4, A third 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.
5. Dn March 1$,1996, a public hearing was held before the Eugene and Lane
County Planning Commissions regarding both text and map amendments to the
West Eugene Wetlands Plan, including the Planned Transportation Corridor
policy and its application to the two subject sites. Notice was sent to all affected
property owners, all owners and occupants within 400 feet of affected properties,
affected neighborhood groups and more than 900 interested parties. Bright orange
notices were posted next to each affected property regarding the hearing.
6. 0n December 17,1997, a second public hearing was held before the Eugene
Planning Commission and the Lane County Planning Commission regarding four
specific issues, not including the Planned Transportation Corridor policy and its
application to the two subj ect sites. Notice was sent to all affected property
owners and all who requested to receive notice, and all who participated in the
Planning Commission proceedings. Notice was sent out more than 20 days before
the hearing. The amendments and supporting documents were posted on the City
of Eugene's World Wide Web Homepage before the hearing.
7. an February 1$,1998 a public hearing was held before the Eugene City Council
and the Lane County Board of Commissioners regarding policy amendments that
included the Planned Transportation Policy language. [The two site specific
amendments addressed herein were not included in the proposed amendments
heard at that meeting. 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 ZO days before the
hearing. The amendments and supporting documents were posted on the City of
Ordinance, Exhibit B Statewide Planning Goal Findings} page 2
Eugene's World Wide Web Homepage before the hearing,
S. Gn February 22,1999, the Eugene City Council held a public hearing on these
two site specific amendments. Notice of the hearing was sent to all affected
property owners and to owners and occupants living within 300 feet of the
affected sites 20 days in advance of the hearing.
We find that the opportunities for citizen involvement detailed above are adequate to achieve
consistency with Goal 1.
Goal 5~U en S aces Scenic and Historic Areas and Natural Areas
The purpose of Goa15 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, DAR 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
topost-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 asite-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. S 00~ 15}. Approval for the existing plan as a Wetland Conservation Plan was
originally granted by the Gregon Division of State Lands on September 13,1994. DSL's
approval was amended by Final Crder 97-003 on September 11,1997. DRS 196.654{S} 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 GRS 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.
Ordinance, Exhibit B Statewide Planning Goal ~'indings~ Page 3
The findings of goal compliance made as part of initial adoption of the WEWP remain
essentially unaffected by these amendments. In Exhibit C, these amendments are shown to be
consistent with the West Eugene Wetlands Plan goals and policies. The fundamental program
developed for Goal 5 compliance essentially remains unchanged. The policies and criteria of the
WEWP operate as a tool to further Goai 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 Nest 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 acknowled ed
. g
as being ~n compliance with statewide planning goals; and, ~n the case of the West Eugene
Wetlands Plan policies, deemed to be incompliance with applicable statewide goals by DSL
approval of the WEWP as a wetlands conservation plan. The inventory and significance
determinations for individual sites meet the DSL requirements, and the plan amendments comply
with GRS 196.6$1 to 196.654 and BAR 141-120. For those reasons, these amendments to the
West Eugene Wetlands Plan comply with Statewide Planning Goal 5.
Methodology far Goal 9 and 10 Analyses
To address consistency with Statewide Planning Goals 9 and 10, the amendments were analyzed
to document additions or reductions to the supply of industrial, commercial, and residential lands
within the Metro area, due to these amendments to the Plan. This analysis is based on existing
inventory, supply and demand data provided in three studies: the Metro olitan Industrial Lands
S ecial Stud ,the Eugene Commerct,al Lands Study, and the Metro olitan Area Residential
Lands Stud .
The following analysis includes both sites directly affected by these amendments. This analysis
only considers impacts to the local inventory of buildable land resulting from these amendments
to the West Eugene Wetlands Plan. It does not take into consideration changes resulting from
other local plans, policies, or actions. The analysis is also based upon these facts:
1. The Metropolitan Industrial Lands Inventory Report (July 1993} identif es a
proj ected demand for industrial land in a range from 65 0 acres to 1,172 acres.
This projected demand was not broken down into any sub-categories, such as size,
type or location. As a result the analysis here does not address these sub-
categories. The Eugene Commercial Lands Study identifies a proj ected demand
for 523 acres of commercial land, including 109 acres of off ce commercial and
432 acres ofnon-office commercial land. There were no further break-downs of
the demand into other sub-categories such as size or location, and consequently
QYdinance, Exhibit B (Statewide Planning Goal Findings) Page 4
these sub-categories are not addressed here. The Metropolitan Area Residential
Lands Study separated out the aggregate demand for residential land into three
sub-categories: low density, medium density and high density residential, No
other sub-categories, such as size, or location were included in the analysis.
Consequently the analysis herein only addresses these three categories.
2. The areas designated by these amendments for Planned Transportation Corridor
are vacant, undeveloped areas. Therefore, these amendments will not apply to
existing development, and do not apply new land use restrictions to existing
development.
3. There are no impacts to the buildable lands inventory resulting from these
amendments since they involve a change in designation from one non-developable
category to another ~e.g., from "protect" or "restore" to "Planned Transportation
Corridor"}.
Goal 9 - Economic Develo meat
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 Gregon's citizens.
Findings:
Industrial Lands:
These amendments to the VLTest Eugene wetlands Plan will not reduce the acreage of land
currently available for industrial development, since they affect only land that was previously
unavailable for development. Consequently, they leave adequate developable industrial land
within the Eugene-Springfield metropolitan area within the ~4-year planning period. Therefore,
these amendments are consistent with Goal 9 with respect to industrial land.
Commercial Lands
These amendments do not include any land designated for commercial use in the Metropolitan
Area General Plan.
Goal 14,,,-,~Housin~
These amendments to the west Eugene wetlands Plan will not reduce the acreage of land
currently available for residential development, since they affect land previously unavailable for
development. Consequently, they leave adequate developable industrial land within the Eugene-
Springf eldmetropolitan area within the ~4-year planning period. Therefore, these amendments
are consistent with Goa19 with respect to industrial land.
Ordinance, Exhibit B (Statewide Planning Goal Findings) Page 5
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: l
}
there ~s no impact an the overall supply of industrial, commercial and residential land, 2} these
amendments will not prohibit meeting the prof ected twenty~year buildable land for industrial,
commercial and residential land, 3}the abundant opportunities provided far citizen involvement
throughout the planning process and 4} consistency of these amendments with existing Metro
Plan and West Eugene Wetlands Plan goals and policies. No further analysis of Statewide
Planning Gaals is necessary for these amendments to the West Eugene Wetlands Plan BRA. 96-1.
}
Ordinance, Exhibit B Statewide Planning Goal ~'indings~ Page 6
Exhibit C
Findings of Consistency with Eugene Code,
Metro Plan and West Eugene Wetlands Plan Policies
These findings apply to both of the amendments included in the accompanying ordinance. The
planned transportation corridor policy in the Nest Eugene Wetlands Plan ~WEWP} was analyzed
for consistency with all applicable policies from the Metropolitan General Plan Metro Plan} as
well as the remaining policies of the WEWP at the time of adoption of the policy. Therefore, site
designations that are consistent with this policy are considered consistent with the Metro Plan
and WEWP policies as well. Even though demonstration of consistency with this WEWP policy
would be sufficient to establish consistency with the Metro Plan, this document also includes
analysis of the sites against the applicable goals and policies of the Metro Plan.
Section 9.145 of the Eugene Code gives the criteria used to determine whether a proposed
refinement plan amendment should be approved or not. The proposed amendments must be
consistent with the criteria in section 9.145 to be approved.
A. Consistency with Metro Plan
Section 9.145 ~2}~a} "The plan amendment is consistent with the Metropolitan Area
General Plan;"
Findings: The Eugene Planning Commission has found that the two proposed amendments are
consistent with the Metro Plan. The Metropolitan Plan (Metro Plan} diagram designates the
affected properties for Campus Industrial West 11 ~} and Medium Density Residential West
18t~}. However, both sites are within City-owned right of way, and no zonin rovisions a l .
gp pPY
Where apparent conflicts exist between Metro Plan policy and the Metro Plan diagram, the text
prevails. The analysis here relies primarily on the text of the Metro Plan.
The thrust of the West Eugene Wetlands Plan has been to attempt to balance development within
wetland areas with protection of the most valuable wetlands, and replacement of lost wetlands
through mitigation. These amendments are consistent with that approach, in that any wetlands
f fled within the Planned Transportation Corridor would be replaced through mitigation.
Furthermore, this approach is supported by Metro Plan policies listed below, which call for
protection of wetlands as well as maintaining adequate land for development. The process of
designating wetlands for protection and development is, in part, directed by state and federal
laws, which set forth guidelines for determining whether a given wetland can be filled and
developed. Within this regulatory context, the proposed amendments are appropriate and
consistent with Metro Plan policy.
Ordinance, Exhibit C (Metro Ptan and WEWP Findings) Page 1
1. Metro Plan Policies
The Metropolitan Plan contains the following policies which address the proposed
amendments related findings follow each policy};
Policy 15, page III-B-S: "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}..."
These amendments will facilitate improvements to existing transportation
facilities called for in TransPlan and are therefore consistent with this
po icy.
Policy 1 S, 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.
The Nest Eugene Wetlands Plan was developed to manage development
in and around wetlands in West Eugene, which is sufficient to meet this
policy. This policy does not give direction for protection of resources on
individual sites.
Policy 2$, 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."
There are two plant species known to occur in the Plan area that are listed
as threatened or endangered by the State of Oregon:.Lomatium bradshawii
~Bradshaw's desert parsley} and Erigeron decumbens var. decum~ens
Willamette daisy.} One of these species occurs within the Nest 18~~ site,
and none occur within the Nest 11 ~' site. On the West 1$th site, one
individual Willamette daisy plant occurs within the Planned
Transportation Corridor area, while over 1,000 plants of this species are
found elsewhere on the contiguous property to the north. Federal law
requires that:l } a federal permit must be granted before wetlands can be
filled, and 2}the Corps of Engineers must consult with the US Fish and
Wildlife Service on rare species within the project area of a proposed f 11.
These requirements mean that the federal permitting process could lead to
the one existing rare plant being left in place, or to some form of
mitigation if the plant is removed.
Under these amendments the majority of known populations of listed rare
Ordinance, Exhibit C ~~let~o Pran and WEWP Findings} Page 2
plants in the Plan area would be protected, with the possibility that through
the wetland permitting process, all of the plants on the subject sites would
be protected. Therefore, these amendments are 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 overall impact of the West Eugene Wetlands Plan, including these
amendments, is to protect the majority hover 1 loo acres out of
approximately 1500 acres} of wetlands and waterways in the Plan area.
This includes protecting natural vegetation on these sites and restoration of
native habitat on several hundred acres. The two subject sites are within
City-owned right-of way, and are needed for road widening to improve the
safety of the two affected streets. Based upon the high level of protection
of these features within the plan area, the small impacts pup to 0.14 acre
for W.1 l th and up to 0.25 acre for W.18th} that would be allowed on the
two subject sites through these amendments are consistent with this policy.
Summary Conclusions: Metro Plan Consistency
The findings above indicate that the proposed amendments are consistent with all
applicable Metro Plan policy.
B. Consistency with the West Eugene Wetlands Plan
Section 9.1452}fib} "The plan amendment is consistent with remaining portions of
the refinement plan;"
1. West Eugene Wetlands Plan Goals
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."
The Planned Transportation Corridor policy requires that impacts to water quality
and habitat be minimized, and that wetlands beyond the actual prof ect boundary
be protected. These designations must conform with that policy and are,
therefore, consistent with Goal 3.1. Furthermore, based upon the high level of
protection of these wetland functions and values within the plan area, the small
ordinance, Exhibit C Metro Plan and WEYYP Findings) Page 3
impacts pup to 0.14 acre for W.11 th and up to 0.25 acre for W.1 S~} that would be
allowed on the two subject sites through these amendments are consistent with
this policy.
Goal 3.5 "Protect and expand current populations and habitats of rare, endangered
and threatened plants and animals that currently exist in west Eugene."
Under these amendments more than 99% of known populations of listed rare
plants in the immediate vicinity would be protected, with the possibility that
through the wetland permitting process, all of the plants would be protected,
Therefore, these amendments are consistent with this policy. See additional
discussion and findings under Metro Plan Policy 2S, page III-C, above.
Goal 3.6 "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 and the restoration of degraded wetlands to
replace those that axe filled. This approach is not changed by the proposed
amendments. Any wetland impacts allowed under these site designations would
have to be mitigated.
Goal 3.7 "Protect an interconnected system of wetlands within a sustainable,
ecologically sound system, with a high likelihood oflong-term survival."
The proposed amendments are both within public rights-of way adjacent to
existing, heavily traveled streets. The Planned Transportation Corridor and the
road improvements on these two sites would not reduce the interconnectedness of
the wetland system within the Plan area.
2. West Eugene'VVetlands Plan Policies
The West Eugene Wetlands Plan, as amended by City Council ordinance X0119 and Lane
County ordinance PA 1117, contains the following applicable policy related f ndings follow the
po xcy}:
"Future fill within the Planned Transportation Corridors as shown on Wetland
Designations Map ~Map3} shall be limited to those areas granted state andlor 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 prof ects 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 X1992} or in an adopted capital improvement plan
~CIP} as of June 30,1998. Road widening and other improvements to existing roads or
Ordinance, Exhibit C (~Iet~o Plan and WEWP ~'inding~s~ Page 4
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 Trans Plan X1992} or in an adopted CIP as of June 30,199$. In
no case shall more than 1 acre cumulative} of protected wetland be re-designated to
Planned Transportation Corridor for improvement to an existing road or street."
The two sites receiving the Planned Transportation Corridor designation are
adj acent to existing maj or streets, and are within City-owned right-of way. Both
street segments are identified as "planned trunk routes" in TransPlan. Both sites
have been identified for roadway improvements in TransPlan since 19$6. The w.
1$~' site is included within Proj ect #277 and is identified for. upgrade to a 3 lane
facility with curbs, bike lanes and sidewalks ~TransPlan, p.14.} The ~w.1 lt~ site
is included within Project #219 and is identified for expansion to 5 lanes
~TransPlan, p.12.} These findings indicate that the two subject sites are
consistent with the requirement that they be included in TransPlan. The areas of
both sites are less than 1 acre X0.14 acre for w.11 th and 0.2$ acre for ~V.1$th},
which is consistent with this policy.
Summary Conclusions: west Eugene wetlands Plan Consistency
The above findings indicate that the proposed amendments are consistent with the
applicable goals and policies in the wEwP. The proposed amendments meet the
criterion of consistency with the refinement plan.
C, Consistency with Remaining Approval Criteria
Section 9.145 ~2}~c} "The plan amendment is found to address one or more of the
following: 1. An error in the publication of the plan;"
Z, "A change of circumstances in a substantial manner not
anticipated in the plan;"
3. "Incorporation into the plan of new inventory material which
relates to a statewide goal; or"
4. "A change in public policy."
~f the 4 criteria in 9.145(2}~c} only subsection ~4} is applicable, and the following
findings address that criterion only.
Findings: These amendments involve designating portion of a wetland site for "planned
transportation corridor." The "planned transportation corridor" is a new Plan designation
adopted in 199$. This change is introduced at this time in response to recent changes in
the Qregon Administrative Rules which govern the Oregon Division of State Lands
Ordinance, Exhibit C (Metro Plan and WEWP Findings} Page 5
administration of the state's wetland regulatory system. These changes, approved after
adoption of the 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 SCAR 141, Division 86}. The
amendments listed above, made possible by the changes to OAR, ensure consistency
between the Plan designation and policy contained in TransPlan, a refinement plan to the
Metro Plan,
Conclusions: The amendments address planned transportation projects to respond to changes in
state regulations and thus are consistent with the criterion in Eugene Code
9.1452}~c}(4}.
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 criteria contained in
Eugene Code section 9.145.
Ordinance, Exhibit C (,Metro Plan and WEWP P'indings~ page ~