Hearings Official Decision - Laserfiche WebLink

EC 9.8815(5): In areas not covered by subsection (4) of this section, the intensification, change of use, or development shall conform with the following applicable standards: (a)Establishment of adequate setback lines to keep structures separated from the Willamette River to protect, maintain, preserve, and enhance the natural, scenic, historic, and recreational qualities of the Willamette Greenway. Setback lines need not apply to water related or water dependent activities as defined in the Oregon Statewide Planning Goals and Guidelines (OAR 660- 15-000 et seq.). The subject property does not have an established Willamette Greenway setback line. However, the Willamette River is identified on the Adopted Protection Designations for the Eugene Goal 5 Wetland, Riparian, and Upland Wildlife Habitat Inventories Map (November 14, 2005) as a Category A Stream, which requires a 100-foot setback. As discussed above, and as depicted on the Regulatory Plan (Sheet L01) and required as a condition of approval, the Master Plan includes a 200-foot setback. The 200-foot setback is adequate to keep structures separated from the river and to protect, maintain, preserve, and enhance the natural, scenic, historic, and recreational qualities of the Willamette Greenway and in compliance with this criterion. (b)Protection of significant fish and wildlife habitats as identified in the Metropolitan Plan Natural Assets and Constraints Working Paper. Sites subsequently determined to be significant by the Oregon Department of Fish and Wildlife shall also be protected. The staff note that there are three wildlife species identified on the Metro Plan Natural Assets and Constraints Working Paper Wildlife Inventory (Figure D2) in proximity to the subject 8 property. and that none of the species identified are endangered or threatened. To assess the significant fish and wildlife habitats associated with the Willamette River the application includes a Riparian Assessment and Management Report which found several key 9 sensitive aquatic species, and rare species historically documented within one mile of the site. The report findings indicate that the site contains appropriate aquatic, upland, and riparian habitat to support all eight of the rare species identified. Significant on-site habitat for riverbank species is limited to the riparian corridor. (Sheets L02 and S01 of the Master Site Plan.) The applicant’s proposed restoration, including large-scale invasive plant removal, and removal of concrete riprap along the shoreline, will improve the habitat and subsequent proliferation of historically-present land species. The Master Plan includes no work or development directly 8 The three identified species include the clouded salamander, the Oregon red salamander, and the western racer snake. 9 The Sensitive Aquatic Species listed in the applicant’s Riparian Assessment and Management Report include the Chinook salmon, steelhead, white sturgeon, western brook lamprey and pacific lamprey. The Rare Species include the western pond turtle, retros sedge, painted turtle, Townsend’s big-eared bat, bald eagle, Bradshaw’s lomatium, Oregon chub and bull trout. Hearings Official Decision (CU 18-1; WG 18-2) 17