HomeMy WebLinkAboutOrdinance No. 19341aRDINANCE ND. 18341
AN ORDINANCE AMENDING THE EUGENE~SPRINGFIELD
METR~P~LITAN AREA GENERAL PLAN.
The City Council of the City of Eugene finds that:
1. The Eugene~5pringfield Metropolitan area General Plan
Metro Plan} was originally adopted by the Eugene City Council
on July 28, 198D, and has served since that time as the basic
land use planning guide for the City of Eugene. That plan was
acknowledged by the Land Conservation and Development Commission
in 1982 up to the urban growth boundary, Compliance requests
by the State of Oregon Land Canservation and Development Commission
have required revisions to that plan for the area outside the
urban growth boundary and within the jurisdictional boundary
of the plan,
2. Since the time of the adoption of the original Metroplitan
Area General Plan, public hearings and consultations between
representatives and governing bodies of the affected localities
have occurred with respect to amendments to the plan,
3. 1n preparing the amendments to the Metropolitan Area
General Plan, consideration was given to existing and projected
conditions in order to best meet the needs and goals of the
metropolitan area in planning far its future in Compliance with
applicable Statewide Planning Goals,
4. Two joint hearings have been held on amendments to
the Metropolitan Area General Plan before the City of Eugene,
City of Springfield and Lane County Planning Commissions and
the Eugene and Springfield City Councils and Lane County Board
1 ~~ Ordinance
of County Commissioners, and testimony received and considered
from affected groups and individuals.
5, A portion of the Metro Plan outside the urban growth
boundary needs amendments and supplemental findings in support
thereof to comply with the LCDC statewide planning goals and
to correct deficiencies identified by the Department of Land
Conservation and Development in its June 29, 1984 and July 19,
I984 reports.
6. The amendments adopted below are supported by the
findings set forth in the following documents which are adopted
and incorporated herein as though fully set forth;
April 1985 Pudding Creek Heronry Dorking Paper
April 1985 Confluence Heronry Working Paper
Apri 1 1985 Metropo1 itan Plan Update Natural Resource
Areas: Conflict Resolution for Potential Significant
Areas ~ Russel Creek Basin
Findings supporting the Amendments to the 1981
Exceptions working Paper for the Airport and supporting
the .plan designation changes from "Government" to
"Agricultural" as mentioned above in #1,
Proposed amendments to the "Exceptions" Working
Paper; Chapter II, Airport, L~~CDG, November 1981
April 22, 1985 Forest Lands Working Paper
Addendum, Metropolitan Area General Plan
Supplement to "Royal Avenue Exception Area No. 7"
Metropolitan Plan Update
Exceptions Document
~J Nab, THEREFORE,
THE CITY of EUSENE DOES ORDAIN AS FoLLO~S:
Section 1. The findings set forth above are adopted together
with the findings contained in the amendments and in the original
Metro Plan which are incorporated herein by reference.
Section 2, The following parcels are redesignated on the
Metro Plan diagram as foi lows;
2 ~~ ordinance
MAP CURRENT
DESCRIPTIDN DESIGNATION
Kokk 1 er 11~~04 ~071TL 100 Government
Drake 11,~04~08/TL 900 Government
& 903
McAlister 11~04~081TL 901 Government
SSK Invts. 11~~04t~08/TL 902 Government
Warfel 11~~04~;~08/TL 1000 Government
Ore.St, 17~04~~-011TL 6601 Sand ~ Gravel
Mck~~Wi 11. 17~~04~~O1lPortion Sand & Grave
Co, Delt, of TL 100
Wa Co, Ltd
Or State 17~~04.~011Portion Sand & Gravel
Lnd Brd of TL 7400
0r State 17~03~06/Portion Sand & Gravel
Lnd Brd of TL 500
Eug Sand 17~03~.M~061Portian Sand & Gravel
& Gravel of TL 600
Babb, Lee 17~~03;~~061Portion Sand & Gravel
et al Delt of TL 701
Wa,Co.Ltd,
NEW
DESI6NATIQN
Agriculturall
Airport Reserve
Agriculturall
Airport Reserve
Agriculturall
Airport Reserve
Agriculturall
Airport Reserve
Agriculturall
Airport Reserve
Park & Dpen
Space
Natural Resource
Natural Resource
Natural Resource
Natural Resource
Natural Resource
N,C.C, 18~~03:~15/Portion Forest Land Natural Resource
of TL' s 302 & 303
Section 3. The text of the Plan, Chapter 111, Page 111~~C~~11
is amended to add the following policies:
"36, These policies apply to the Pudding Creek
Heronry and Confluence Heronry on the Willamette River:
a, For the Pudding Creek Heronry:
~i} A sand and gravel Operations Management
Plan for the Heronry shall be filed
with Lane County requiring a vegetative,
natural resource buffer and a 1,000
foot operational buffer.
~, Or i Hance
iii} The vegetative, natural resource buffer
area i s comprised of the existing vegetated
area surrounding the heronry, bounded
on the east by the BPA easement, on
t h e s o uth by the of d hau 1 road , and
on the north and west by the Willamette
River. Within this area, no recreations]
uses shall be allowed and, existing
., vegetation shallnatbepurposely removed.
~ i ~ ~ } The 1, DDD foot operational buffer area
shall extend outward 1,DDD feet from
the outermost nesting tree, stopping
to the north at the Wi 11 amette River.
Between February 1andJuly 15, operational
restrictions shall be in effect within
this area. These restrictions shall
include: no tree felling, no aggregate
extraction and no operation of any
mechanical equipment or motorized vehicle
for the purpose of recreational use
or for farm yr forest activities.
Additionally, excavation, or any preparation
for excavation, within this area shall
not occur until after 1990,
Div} Personnel from the Oregon Department
of Fish and Wildlife shall monitor
the heronry annually during the months
of February through July, to verify
nesting activity of the heronry. Should
the Dregon Department of Fish and Wi 1 d 1 i fe
verify that fledging is completed prior
to the July 15 date stated above, res~~~
tractions applicable to the operations
buffer shall be lifted,
~v} I f the heronry i s abandoned, the sand
and gravel Operations Management Plan
shall continue for three consecutive
years. The three year period shall
begin during the first breeding season
when it is determined by the Department
of Fish and Wildlife that the heronry
has been abandoned. Upon initial verifi-~
cation by the Dregon Department of
Fish and Wildlife that the heronry
has been abandoned, Eugene, Springfield,
Lane County, and the Department of
Fish and Wildlife shall immediately
begin a cooperative process to determine
whether the abandoned heronry continues
to represent a significant heron habitat.
If it is determined that the abandoned
heronry sti 11 represents a s i gn i f i cant
habitat, then pratecti on ofi the heron
habitat through land exchange, purchase
4 ~ Ordinance
or plan amendment should be substantially
completed within the consecutive three
year period which began with abandonment
verification, ~f the heron habitat
is determined to not represent significant
heron habitat necessary for protection,
the Operations Management Plan shall
lapse after three years. ~n the event
that the heronry is reoccupied within
this three year period, the sand and
gravel Operations Management Plan shall
continue and, in the event that initial
verification by the Oregon Department
of Fish and Wildlife is received that
the heronry has again been abandoned,
the three year period of assessment
shall start anew,
Zvi ~ Lane County, Eugene, and Spri ngf iel d
shall continue to support the Oregon
State Parks Division, the State Land
Board, and the Oregon Department of
Fish and Wildlife in pursuing longterm
protection of the heronry, A land
exchange has been identified as the
preferred option to providing long;~term
protection of the heronry, Progress
toward providing longti~term protection
of the heronry thorugh land exchange
shall be closely monitored during Plan
Review and Plan Update,
~b~ For the Confluence island Heronry:
~i} The Heronry shall be protected by a
Natural Resource Plan Diagram Designation
and zoning and the restrictions identified
be 1 aw,
iii} The operational buffer shall extend
1,000 feet from the southerly nesting
tree, Operational restrictions shall
be in effect for the area contained
within the 1,000 foot buffer between
February 1 and July 15, These restrictions
shall include; no tree felling, no
aggregate extraction, and no operation
of any mechanized equipment or motorized
vehicle for recreation use or for the
purpose of farm or forest activities,
Upon on~site verification from the
Oregon Department of Fish and wildlife
that fledging is completd, the period
of operational restrictions may be
shortened.
~ i i i ~ Permits from the State and County are
an appropriate mechanism for addressing
5 ~ Ordinance
details of sand and gravel operations,
Specifically, flood hazard concerns
and associatd erosion potential will
have to be addressed,
Div} Protection of riparian habitat on the
periphery of the island shall be achieved
by maintaining an adequate Willamette
River Greenway vege t a t i v e f r i n ge i n
order to address erosion, scenic, and
wildlife habitat concerns,
(v} Park use on the island should be discouraged
by the State,
Zvi} Controls on sand and gravel extraction
should be developed between the operator
and the Oregon Department of Fish and
Wildlife through the mining permit
procedures in order to protect the
heronry resource,
vii} Property owners and the State shall
be encouraged to exchange land to place
the Confluence Island Heronry and buffer
in perpetual ownership by the public,
The State may then protect and manage
the heronry resource with compensation
to the property owners,
~c} Lane County, Eugene, and Springfield shall
pursue the development of a master plan
for the Howard Buford Recreation Area i n c 1 ud i ng
lands between the park and the middle Fork
of t he Willamette River and, this master
plan shall be completed within three years,"
"37. In addition to any of the above policies,
these policies apply to forest lands within the juris~~
d~ct~on boundaries of the Eugene~Springfield Metropolitan
Area General Plan but outside Urban Growth Boundaries:
~a} Conserve forest lands for the multiple forest
uses of commercial timber management; watershed
protection; wildlife, fisheries and livestock
habitat; and recreation; as per Goal 4.
fib} Forest lands will be segregated into two
categories, Non impacted and Impacted and
these categories shall be defined and mapped
by the general characteristics specified
in the Non~Impacted and Impacted Forest
Land zones General Characteristics,
(~)
On Non~~Impacted Forest Lands or 1 ands adjacent
to Non~Impacted Forest Lands 1 imit non:~fforest
uses,
6 :~ Ordinance
~d} On Impacted Forest Lands limit nonforest
uses,
fie} Prohibit residences on Non.~Impacted Forest
Lands except for the maintenance or replacement
of existing residences or except for a residence
an a lot of record. A lot of record shall
be defined consistently with Sections 9
to 12, Chapter 584, Oregon Laws 1983.
(f} Residences shall be conditionally permitted
on Impacted Forest Lands if they are necessary
and accessory to farm or forest uses, or
if they are in conjunction with the propagation
or harvesting of a forest product vn a tract
managed as part of a wood 1 of meeting the
acreage minimum standards of forest policy
~1} below, or if they are on a legal lot,
and if impacts upon adjacent andlor nearby
farm and forest lands are limited.
fig} Regard nonforest uses within or adjacent
to forest lands as being subject to any
normal and accepted forest practices in
the locality.
~h} Require that nonforest uses other than a
residence on Non~Impacted Forest Lands be
compatible with forest uses, practices and
operations on adjacent and nearby forest
1 ands; and that there be provided valid
reasons why the use should be sited on None
Impacted Forest Land or evidence that the
proposed site is on land generally unsuitable
for forest uses.
~i} Require that nonforest uses on Impacted
Forest Lands be compatible with farmlforest
uses, operations and practices on adjacent
and nearby farm andlo.r forest lands.
~ j} Parcel s i zes for None Impacted Forest Land
must conserve forest land for noneimpacted
forest uses and be consistent with the None
Impacted Forest Land zone General Character:
istics.
~k} The fallowing division standards are consistent
with and will implement this policy;
1. 40 acre X114 114 Section} minimum lot
size for purpose of land division.
2, Deviation from the 40 acre minimum
lot size may be conditionally allowed
7 F~. Ordinance
if the land division is for the purpose
of separating an existing residence
from the adjoining forest land if the
parcel containing the residence is
1 irni ted to the least amount of area
possible so as to maximize forest uses
on the adjacent forest land,
3. Lot line adjustments far purposes other
than the creation of an additional
lot are permitted,
~ 1) Area requirements for Impacted Forest Land
must be adequate to conserve forest land
for impacted farm and forest uses and be
consistent with the following criteria:
1, Except as provided in subsection ~2}
below, for the creation of a woodlot
far the purpose of the propagation
or harvesting of a forest product,
the minimum area shall be at least
20 acres and that which is consistent
with the Douglas fir cubic foot site
indexes and minimum area computation s
promulgated by the Oregon Department
of Forestry and specified be 1 ow and
additional area to accomodate a homesite,
access and fire breaks and a logical
parcel layout and use of the parcel,
There shall be presented for each appli~
cation sufficient factual documentation
to verify that each proposed tract
meets the above requirements,
Cubic Foot Potential Yield Acreage
Site Class cu,ft,lacrelyr, Minimum
6 20w49~cflac 64
5 40~54~ cf / ac 43
4 85~~I9~cflac 34
3 X20-~~I64 cf/ac 24
2 165-:224 cf 1 ac 17
2, To substantially limit any adverse
impacts upon commercial forest management
which might result from land divisions
and subsequent residential development
accessory and necessary to commercial
forest management] a minimum area of
SO acres shall be required far the
division of large forest tracts;
~ } zoned Fw~2
iii} containing at least 16O acres
~ i i i } for the creation of 1 ots or
8 ,~ Ordinance
parcel s adjacent to F~1, RCP
zoned lands.
3, Deviation from the standard specified
in {~ ~ 1, and {1 } 2, above for a 4o~;acre
parcel on impacted forest land to be
used for farm use may be allowed.
Proposed residences far such parcels
shal 1 be accessory to commercial farm
use and shat 1 be allowed only if consistent
with accessory dwelling standards in
the EFU zone,
4. Deviation from the standard specified
in { ~ } 1, and { 1 } Z, above of the impacted
forest land far the creation of a parcel
not sma 1 ] er than ~0 acres may be a 11 awed
when at least 19 acres of the parcel
being created are currently managed
or p 1 armed to be managed by a farm
management plan for a farm operation
cons~st~ng of one or more of the following;
berries, grapes or horticultural special{
ides, A temporary mobile home which
is accessory to the farm management
may be conditionally located upon the
farm parcel for a reasonable length
of time to allow for substantial imple,~~
mentation of the farm management plan,
Upon evidence that the farm management
plan has been substantially implemented,
the mobi 1 e home may be al 1 owed on a
permanent bas i s or may be converted
to a permanent dwelling.
5. Lot line adjustments consistent with
the definition of 'divide' in L,C. 16,090
are permissible,
6, Land divisions for non~rfarm or non forest
dwellings are per EFU standards,
{m} Encourage the consolidation of forest land
ownership in order to form larger more viable
forest resource units.
{n} Encourage the conversion of under productive
forest lands through silvicu1tural practices
and reforestation efforts.
{o} Minimum parcel sizes and land division standards
for Impacted Forest Lands should be the
subject of additional study in future plan
rev~s~ons and updates,
{p} Lands designated within the Metropolitan
Area General Plan as forest land shall be
zoned Non~Impacted Forest Lands {F~~1, RCP}
9 ~ ordinance
or impacted Fares t Lands ~ F~;Z, RCP} . A
decision to apply one of the above zones
or both of the above zones in a split zone
fashion will be based upon;
~. A conclusion that characteristics of
the 1 and correspond more c 1 os e1 y to
the characteristics of the proposed
zoning than the characteristics of
the other forest zone, The zoning
characteristics referred to are specified
below in subsections 2 and 3. This
conclusion shall be supported by a
statement of reasons explaining why
the facts support the conclusion.
2. Non~Im acted Forest Land zone F~~1
RCP Characteristics:
~i} predominantly ownerships not
developed by residences or non~rrforest
uses.
{ii} predominantlycontiguaus,ownerships
of 80 acres or larger in size,
viii} predominantly ownerships contiguous
to other lands utilized for
commercial forest or commercial
farm uses.
Div} accessed by arterial roads,
or roads intended primarily
for forest management.
~v} primarily under commercial forest
management,
3. Im acted Forest Land zone F~2 RCP
Characteristics:
~i} predominantly ownerships developed
by residences or nonforest uses.
~ i i } predominantly ownerships 80
acres or less in size.
viii} ownerships generally contiguous
to tracts containing less than
~o acres and residences andlvr
adjacent to level aped or committed
areas for which an exception
has been taken i n the Metropo 1 i tan
area General Plan or Rural Campre
hensive Plan.
Div} provided with a level of public
facilities and services, and
roads, intended primarily for
direct services to rural residences."
Section 4. The text of the Plan, Section Il ~E "The Plan
Diagram", is amended to add the following plan diagram designation
and definition:
~4~~~ Grd i Hance
"Air ort Reserve: Lands which ray be acquired
by Eugene at some future time in connection with Mahlon
Sweet Field Airport and for which an exception to
Statewide Planning Goals must be taken if the zoning
is changed from the Exclusive Farm Use/Commercial
Airport Safety Combining (E~401CAS zone."
Section 5. If any section, subsection, sentence, clause,
phrase, or portion of this Ordinance is far any reason held
invalid or unconstitutional by any court of competent jurisdiction,
such portion shall be deemed a separate, distinct and independent
provision and such holding shall not affect the validity of
the remaining portions hereof.
Passed by the City Council this
17th day of Judy, 1985
Approved by the ayor this
17th day~f~)ul 1985
IC.cuu ~,~-t cd-~a,~._.
~5~~. City- ecorder
a
1I.~~ Ordinance