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The provisions of this section apply in the case of an alleged error in the mapping of a Goal 5 resource site on the Goal 5 Water Resources Conservation Plan Map and/or in the case of an alleged error in the application of the /WR Water Resources Overlay Zone to a specific lot. With respect to alleged errors in the application of the overlay zone, the provisions of this section apply instead of the zone change procedures and criteria described at EC 9.8850 through 9.8865. This section provides the only basis for removal of the /WR Water Resources Overlay Zone or corrections to the Goal 5 Water Resources Conservation Plan Map.

(1) Initial Consultation. An applicant may request an initial consultation with city staff to assist the applicant in determining whether an application under subsection (2) or (3) of this section is the most appropriate application for the specific error alleged.

(2) Correction Based Solely on Aerial Photography or Geographic Information System Data. An application submitted pursuant to this subsection shall be processed under the Type I application procedure (EC 9.7100 – 9.7120).

(a) Application Requirements.

1. A form provided by the city and a fee established pursuant to EC chapter 2.

2. For allegations of error on the Goal 5 Water Resources Conservation Plan Map: identification of the Goal 5 Water Resource Site alleged to have been incorrectly mapped on the Goal 5 Water Resources Conservation Plan Map.

3. For allegations of error on the Eugene Overlay Zone Map: a list of the tax lots and a description of any right-of-way alleged to have been incorrectly included in the /WR Water Resources Conservation Overlay Zone.

4. A description of the alleged error and the proposed correction.

(b) Approval Criteria Based Solely on Aerial Photography and Geographic Information System Data.

1. For allegations of error on the Goal 5 Water Resources Conservation Plan Map: it is clear that, at the time the city adopted the Goal 5 Water Resources Conservation Plan Map, that Map showed an incorrect location of the identified Goal 5 Water Resource Site.

2. For allegations of error on the Eugene Overlay Zone map: it is clear that, at the time the city applied the /WR Water Resources Conservation Overlay Zone to the subject lot(s), the city was incorrect in its determination that the lot(s) contained a Goal 5 Water Resource Site or a /WR Water Resources Conservation Area.

(3) Correction Based on Additional Information. An application submitted pursuant to this subsection (3) shall be processed under the Type II application procedure (EC 9.7200 – 9.7230).

(a) Application requirements.

1. The materials required under subsection (2)(a).

2. If the alleged error is in the city’s measurement of the conservation setback (as opposed to the location of the resource itself), a site plan drawn to scale, showing all of the following:

a. The location of the boundary of the resource as mapped by the city in the Goal 5 Water Resources Conservation Plan;

b. The alleged correct location of the boundary of the /WR conservation area for the resource in question based on EC 9.4920;

c. The distance in feet from the nearest point of the alleged correct location of the boundary of the /WR conservation area of the resource in question to the subject property.

3. If the alleged error is in the mapping of an upland wildlife habitat site or a riparian site (as opposed to the measurement of the site’s conservation setback):

a. A detailed written description of the mapped area claimed to be incorrectly included within the resource site in question, including an inventory list of plant species and the relative frequency of plant species listed;

b. The location of the boundary of the resource as mapped by the city in the Goal 5 Water Resources Conservation Plan;

c. The alleged correct location of the boundary of the /WR conservation area for the resource in question; and\

d. Color photographs of the area claimed to be incorrectly included within the resource site in question.

4. If the alleged error is in the mapping of a wetland site (as opposed to the measurement of the conservation setback area), a wetland determination or a wetland delineation report and map, and a signed concurrence letter from the Oregon Department of State Lands, indicating that the determination or report is consistent with Oregon Administrative Rules pertaining to mapping of jurisdictional wetlands. The map must show all pertinent tax lot lines and rights-of-way boundaries.

(b) Approval Criteria.

1. For allegations of error on the Goal 5 Water Resources Conservation Plan Map: at the time the city adopted the Goal 5 Water Resources Conservation Plan Map, that Map showed an incorrect location of the identified Goal 5 Water Resource Site.

2. For allegations of error on the Eugene Overlay Zone Map: at the time the city applied the /WR Water Resources Conservation Overlay Zone to the subject lot(s), the city was incorrect in its determination that the lot(s) contained a Goal 5 Water Resource Site or a /WR Water Resources Conservation Area.

(4) Amendment of the Goal 5 Water Resources Conservation Plan Map or the Eugene Overlay Zone Map. As a result of the Type I or Type II processes described above, if the city determines that there is an error in the Goal 5 Water Resources Conservation Plan Map or the Eugene Overlay Zone Map, the planning director shall issue an order amending the applicable map(s) to correct the error.

(Section 9.4960 added by Ordinance No. 20351, enacted November 14, 2005, effective January 1, 2006.)