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    Vision for Intact Ecosystems & Watersheds

     

    "Going, Going ..."

    Kera Abraham
    Eugene Weekly, 10/27/2005

    Is the city turning back on its pledge to protect the south hills forests?

    The city website brags about it. The UO peddles it to prospective students. Hikers, bikers and runners cherish it. Eugene's wooded ridgeline defines the city, and local land use laws aim to preserve it.

    But the land-use nonprofit Friends of Eugene and several neighborhood groups worry that today, the city is faltering on its commitment to protect Eugene's forested slopes. They cite four potential developments, each at different stages in the planning pipeline, that could forever change the ridgeline.

    The debate centers on the way that citizens and city planners interpret the South Hills Study (SHS), a policy that the city adopted in 1974 to preserve the wooded slopes south of 18th Avenue. The SHS directs the city to preserve the ridgeline for public use and keep developments to a minimum. It's a binding part of the city code, but its language leaves some wiggle room.

    The SHS offers development guidelines based on elevation. Land above 901 feet is to be "preserved from an intensive level of development," with two exceptions: single-family homes on existing lots and special-case subdivisions that the city regulates through a process called Planned Unit Development (PUD). Major developments on steep slopes between 501 and 900 feet also require PUDs.

    The clear-cut lots of the Brookside subdivision, near the current Spring Knoll PUD

    So far, the SHS has kept developments above 901 feet to a minimum. (The houses on Spring Boulevard are a notable exception.) But in recent years, city planners have given the green light to a handful of intensive developments above 901 feet, says Kevin Matthews, president of both FoE and the neighborhood association Southeast Neighbors.

    City planner Gabriel Flock says that the city has always complied with the SHS - but the document's intent is debatable. It could mean that there shouldn't be any development above 900 feet, or it could mean that intensive development is OK if the city regulates it. City planners have gone with the latter interpretation. "[The South Hills Study] statements don't necessarily preclude an intensive level of development if it goes through the PUD process," Flock says.

    Consultant Eben Fodor, who has been hired by the Southeast Neighbors to examine several of the properties in question, suggests that developers have taken advantage of a forgiving city planning staff coupled with a complacent public. "I think that a lot of people aren't aware that a lot of these properties are on the chopping block," he says. "If there isn't a strong effort by the community and the city to take action, these places are going to be gone."

    Green Valley Glen PUD

    Some call it the East Fork Amazon Headwaters Forest. Some call it Green Valley Glen. The names both sound green and squishy, but they describe entirely different visions for a 40-acre plot of land between Nectar Way and Dillard Road in southeast Eugene.

    Those who call it the East Fork Amazon Headwaters argue that the parcel - which spans from about 500 to 800 feet in elevation and contains Amazon Creek headwaters, seasonal wetlands, upland wildlife habitat and more than a half-dozen rare plant and animal species - should be preserved as a public open space. But on Sept. 26, Portland developer Joe Green submitted a Planned Unit Development (PUD) to build 110 houses on the property, which he calls Green Valley Glen.

    Green's PUD outlines provisions to protect sensitive species, preserve riparian corridors and steep slopes, and leave clusters of oaks and madrones standing. But those measures don't satisfy members of Southeast Neighbors, who worry that the PUD fails to address key resource protection measures such as tree preservation, erosion control and stormwater runoff. Southeast Neighbors board member Lisa Warnes hopes that the city will use its power of eminent domain to condemn the property and turn it into public open space.

    Green's attorney, Mark Hoyt, feels that the protest is unwarranted. "We certainly understand that change is hard, but this property is zoned for development," he says. "We would really hope that the neighbors are able to recognize that this is a very environmentally responsible approach."

    City planner Alissa Hansen, however, is unconvinced that the PUD is good to go. On Oct. 20, she returned the PUD to Green, asking for more information about how his development will preserve trees, protect rare and native vegetation, minimize impacts to streams and wetlands, and design buildings on slopes to blend with natural terrain.

    Green now has 150 days to complete the PUD. A public hearing will follow. Interested community members can track the PUD's progress on the East Fork Amazon Preservation website: www.efn.org/~ksl

    Spring Knoll PUD

    The Spring Knoll PUD, on 12 acres in the southeast hills at 43rd Avenue and Wendell Lane, is a testament to perseverance - on the parts of both the developers and the neighborhood activists who dog them.

    Southeast Neighbors argued that the original PUD would have violated the SHS by failing to adequately protect existing vegetation, wetland areas or ridgeline trees. In February, the city's hearings official agreed and denied the PUD. The developers, Derril and Alice Simpson, appealed to the Eugene Planning Commission, but the commission upheld the original ruling and the application died.

    The story might have stalled there, but due to changes in the city land use code, it didn't. Until recently, developers had to wait a year after a PUD is denied before filing a new one. But in 2001, city staff removed the waiting period provision. The Simpsons filed a slightly revised PUD in July.

    Matthews says the changes are insufficient; the developers still propose to clearcut large swaths of land, rather than just the places where buildings will be constructed. "The result would be big holes in the forest and a big bald spot along the skyline," he says. "Either there needs to be a mechanism that preserves the trees outside of the buildings' immediate area, or else the PUD should be denied."

    The public comment period for the Spring Knoll PUD closed on Oct. 26. A decision is expected by late November.

    Timberline PUD

    The Timberline Hills PUD is a 100-acre parcel south of Timberline Drive and west of Hawkins Lane. Developer James Breeden would like to build 255 units on the land - more than 100 of them above 901 feet, the range at which the SHS recommends minimal development. The bowl-shaped parcel contains a creek, 7.5 acres of wetlands and forested hillsides.

    The city deemed the application complete in August, held a public hearing on Sept. 28 and closed the public record on Oct. 12. A decision is due by Oct. 27.

    Beverly property

    Yet another parcel is a player in the planning game: a 25-acre plot near the intersection of West Amazon and Martin St., containing an oak and fir forest, wetlands, two primary branches of Amazon Creek and several threatened plant communities.

    Developers Martin and Leslie Beverly filed a PUD to develop the property in 2000, but the city denied it because it failed to adequately protect natural features.

    In the subsequent years, the developers have removed some of the larger trees and understory vegetation from the property. They recently held a pre-application meeting with the city, but they haven't yet filed a PUD. They suggest that they're willing to sell the land to the city, but they're asking a hefty price: $2.6 million.

    FoE and Southeast Neighbors are scrambling to purchase the property, hopefully with the city's help. "If we're ever going to fulfill the community vision of connecting Amazon Creek from the ridgeline to the existing Amazon Greenway for a wildlife and recreation corridor, this is it," Matthews says.

    Solutions

    The city's land use code is interpretive, but two points are clear: One, the urban lands in the South Hills are zoned for residential development. Two, the city must make sure they are developed in a way that minimizes the impacts on trees, soils, wildlife, streams and wetlands.

    We can do both, says Eugene Tree Foundation President Phillip Carroll. "These are urban lands," he says. "We can build housing to our density goals and still have healthy ecosystems."

    Carroll points to one housing development as a model in eco-conscious building: Timber Village, which in 2002 received the Eugene Tree Foundation's Bigleaf Award for excellence in the stewardship of Eugene's urban forest. "The homes were built among the trees and the trees were retained, in keeping with the natural context," Carroll says. "Homeowners are proud to live there."

    Carroll, Matthews and Fodor agree that where the land-use code is vague - regarding when and where trees can be cut, how dense developments can be, and what lands to preserve as public open space - citizens can help the city form more conclusive policies. "I don't want to villanize the developers, and I'm reluctant to say that the city is failing us. That's a little too easy," Carroll says. "It's not a matter of good guy versus bad guy. It's a matter of the community coming together to meet our goals on all of those levels."

    Matthews agrees. "The community needs to re-affirm our commitment to protecting the hills, much as we have a commitment to protect the river and the wetlands, if we're going to maintain the essence of Eugene as a city that embraces the natural," he says.


    Citizens will have a chance to weigh in during the upcoming land-use code amendment process, which will include a public hearing. For more information, contact Interim Planning Director
    Steve Nystrom at 682-8385 or


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    Vision for Intact Ecosystems & Watersheds, 2005, 2006.