property and not create a precedent where developers can cite “future land use law changes” <br />to allow current environmental destruction that is in violation. <br />3. EC 9.9420 (2) (b) Requires a predetermined setback on Goal 5 wetlands. <br />The wetland on the property (AMA 5B) is a Category B wetland requiring a 25-foot <br />buffer. The established boundary of the wetland can be from the jurisdictional wetland <br />boundary accepted by the Oregon Department of State Lands, if provided by the property <br />owner. <br />The application includes a map accepted by Oregon Department of State Lands. The map <br />labels the wetland as Wetland 2B and clearly shows places where the wetland is wider than <br />the conservation setback on the site map and is therefore not meeting the 25-foot setback <br />requirement. <br />4. EC 94920 (3) if a wetland and stream exist together, the /WR conservation area is the <br />total footprint of the /WR conservation areas combined. <br />i) The proper /WR conservation area has not been determined, as the /WR <br />conservation area for the wetlands was not calculated or mapped. Nor was the total <br />footprint combined. <br />ii) A 25-foot setback must be included for the wetland combined with the 40-foot <br />setback for the Category C stream. <br />In some places the setback will be more than what is currently on the site plan. These <br />points are valid since during the approval process for the Tentative Planned Unit <br />Development, the City determined that the entire property was Goal 5. <br />5. Application Standards Review: Water Resources (/WR) Overlay Zone and Goal <br />Designation. The City of Eugene declared the entire property is a Goal 5 resource and is <br />therefore part of the City-adopted natural resource inventory (which applies to a Goal 5 <br />property). A Goal 5 designation requires: <br />