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HomeMy WebLinkAboutPacket, Planning Commission PLANNER 8/3/2005 • • City of Springfield Date: August 3, 2005 HEARINGS OFFICIAL PUBLIC HEARING To: Gary Damielle, Hearings Official TRANSMITTAL MEMORANDUM From: Colin Stephens, Planning Supervisor es Subject: Request for Establishment of the Willamette Greenway Setback Line, Case Number SHR2005-00004(Marvin). Issue On August 10. 2005,the Hearings Official is scheduled to conduct a public hearing to accept evidence and public testimony on a request to establish the Willamette Greenway Setback Line (Setback) independently of a development application. - The subject property is located on the south bank of the Willamette River in Glenwood, immediately downstream of the Glenwood-Springfield bridge. The site is approximately seven acres in size, vacant, and roughly triangular in shape. It is within the Springfield Urban Growth Boundary(UGB), however it is located outside the city limits. The Springfield Hearings Official hears Type Ill public hearings for property located within the UGB but outside of the city limits. Discussion The applicant has requested that the City of Springfield approve the Setback line on the property in a location that roughly follows the upland side of the existing vegetation lining the Willamette River. This would result in a Setback that is between 10 and 140 feet wide, depending on the depth of the existing riparian vegetation. Springfield City staff have reviewed the request and recommend approval of the application as proposed with the following recommendations: 1) The establishment of the Willamette River Greenway Setback implements Statewide Planning Goal 15 specifically on the property. However, there is an additional setback requirement that pertains to the Willamette River contained within the Springfield Development Code (SDC) that exist to protect water quality in compliance with federal mandates. This water quality protection setback is implemented during development of all properties within the city with urban uses;.no development is proposed at this time. To ensure that all parties are aware of • this distinction, the staff recommend that the Hearings Official adopt a finding in the decision that recognizes that the Willamette Greenway Setback implements Goal 15 only,and further recognizes that the water quality protection setback required by Springfield Development Code sections 31.240, 34.060 and 35.055 are not a part of the this application. The water quality protection setback requirements will be addressed at the time of development of the subject property. 2) The Glenwood Refinement Plan Willamette River-Site Development Guidelines (Pages 37 to 39)recognize that the Setback in Glenwood should be a minimum of 20 to 35 feet from the top of bank to allow adequate room for construction of a riverfront bike path in the future. Therefore, in order for this request to be consistent with the Glenwood Refinement Plan, the staff recommend that the Hearings Official adopt a condition of approval requiring a minimum Setback of 20 feet from the top of bank on the subject property. Specific recommended language is included in the staff report (Attachment A) Attachments X1,3 05 Attachment A—Staff Report Date Received:.-- p y Attachment B—Applicant Submittals planner '� J I Q CYC4� n Itc18 • • City of Springfield Development Services Department Staff Report— Establishment of the Greenway Setback Line Date of Hearing: August 10, 2005 Journal Number: SHR2005-00004 Owner/ Applicant: Phil L. Marvin, Consultants: Michael Shippey, Coyote Creek Too Blue LLC Environmental Services, Inc. Bill Kloos, Law Office of Bill Kloos, PC Nature of the Application and Proposed Uses: The applicant is proposing the establishment of the Greenway Setback Line(Setback) within the Willamette Greenway Overlay District in conformance with Statewide Planning Goal 15 as implemented locally by Springfield Development Code(SDC) Article 25. Pursuant to SDC 25.060, a setback line must be established concurrently with a development application, or, alternatively, independently of a development application. Section 25.060 states: "Establishment of this Setback Line may occur with or without a request for development approval, but any request for development approval on land without an established Setback Line must be accompanied by an application for establishment of the Greenway Setback Line. " The applicant has not indicated a proposed use and has not requested development approval at this time. Under the provisions of Goal 15 and SDC Article 25, once a Greenway Setback Line is established, only water-related and water-dependent uses are allowed within the Setback area. The Oregon Administrative Rule (OAR) that governs the Willamette Greenway defines water- related and water-dependent as follows: "Water-Dependent. A use or activity which can be carried out only on, in, or adjacent to water areas because the use requires access to the water body for water-borne transportation, recreation, energy production, or source of water. " Water-Related. Uses which are not directly dependent upon access to a water body, but which provide goods or services that are directly associated with water- dependent land or waterway use, and which, if not located adjacent to water, would result in a public loss of quality in the goods or services offered. Except as necessary for water-dependent or water-related uses or facilities, residences, parking lots, spoil and dump sites, roads and highways, restaurants, businesses, factories, and trailer parks are not generally considered dependent on or related to water location needs. " Notwithstanding the uses allowed or prohibited by adopted local ordinances, the establishment of the Setback limits the uses between the Setback line and the river to water-related and water- dependent uses as defined in the Rule. For the purposes of meeting Statewide Planning Goal 15 and satisfying the standards of SDC Article 25, activities between the Setback and the Greenway Attachment A 1 • Boundary (where the lines are not the same) are subject to the underlying zoning district and Discretionary Use criteria, where applicable. The applicant has submitted a written statement and evaluation of the site, in the report, "Report of Findings Site Inventory of Natural Resources" (May 2005), prepared by Coyote Creek Environmental Services. This document will be referred to as the "Coyote Creek Report" through the remainder of this staff report. Background The site is located on the south bank of the Willamette River in Glenwood, immediately downstream of the Glenwood-Springfield bridge and is more specifically known as Assessor's Map 17-03-34-41, Tax Lot 100. The site is approximately 7 acres in size, vacant, and roughly triangular in shape. The property is within the Springfield Urban Growth Boundary (UGB), however it is located outside the city limits. A description of the site's physical characteristics is found on page 3 of the Coyote Creek report. The site has had a long history of use in agriculture, as explained in detail on page 4 of the Coyote Creek Report. Aerial photographs provided by the applicant's consultant depict the site as an orchard in 1936, with a narrow ribbon of riparian vegetation. By 1944, most of the riparian vegetation had been removed and a more active row cropping was evident. By 1952, a few trees reappeared along the riparian edge. By 1968, the orchard was eliminated, and the site was primarily in ameadow/leveled and disturbed condition, with a redeveloping riparian ribbon. The 1973 and 1979 aerials show the site as an abandoned meadow, with small trees becoming evident in the meadow area, as well as Armenian blackberry. The 1990 and 2000 aerial photographs show the parcel as vacant, with large patches of blackberry, scattered trees and numerous trails present in the meadow area, and the riparian ribbon displaying more trees, specifically along the bank and top of bank on the river. Applicable Development Code Provisions The applicable adopted regulations that concern the present application are found at SDC 25.060. In addition, the SDC prescribes other regulations in Article 25, and in Articles 31, 34 and 35 that will be applied to development on the subject property, and all properties that front on the Willamette River for that matter, at the time a request for a specific development is submitted. It is worthwhile to discuss these other regulations here and their relationship to the Greenway Setback Line, as the other regulations will be applied during Site Plan Review/ Discretionary Use review and/or any application to divide the property. The regulations in the SDC enhance and protect the resource value and water quality of the Willamette River. These are implemented through the requirement that all multi-family residential, commercial, and industrial development within the City's urbanizable area be processed through Subdivision/Partition and/or Site Plan Review applications, and, for properties within 150 feet of the ordinary low water mark of the Willamette River, Discretionary Use Review (review by the Planning Commission, or, where properties are not annexed to the City, the Hearings Official). Attachment A 2 • The following section of this report discusses the three primary regulations related to water quality and riparian protection that are adopted by the City of Springfield. These are as follows: 1) Willamette Greenway Overlay District and Willamette Greenway Boundary (WG Overlay Article 25 of the SDC). Article 25 of the SDC implements Statewide Planning Goal 15 by prescribing a review process and criteria of approval for all development requests within 150 feet of the ordinary low water mark of the Willamette River. This is called a "Willamette Greenway Overlay District" application, and, for development requests, is a Discretionary Use application heard before the Planning Commission at a public hearing, or by the Hearings Official in the case of property that is not annexed to the City. Under this Article, when the property owner applies for development approval for a commercial, industrial, or multi-family use that is within 150 feet of the ordinary low water mark of the Willamette River, the requirement to go through Site Plan/ Discretionary use is triggered. 2) A Greenway setback line established within the Willamette Greenway Boundary. The Greenway Setback line is established when an application for development is reviewed through the Willamette Greenway Overlay District. The Oregon Administrative Rule for Statewide Planning Goal 15 and the requirements of SDC 25.060 stipulates that only water- dependent and water-related uses are permitted within the Greenway Setback Area. The definitions for water-dependent and water-related uses are found in Statewide Planning Goal 15, and are as follows: "Water-Dependent. A use or activity which can be carried out only on, in, or adjacent to water areas because the use requires access to the water body for water-borne transportation, recreation, energy production, or source of water. Water-Related. Uses which are not directly dependent upon access to a water body, but which provide goods or services that are directly associated with water- dependent land or waterway use, and which, if not located adjacent to water, would result in a public loss of quality in the goods or services offered. Except as necessary for water-dependent or water-related uses or facilities, residences, parking lots, spoil and dump sites, roads and highways, restaurants, businesses, factories, and trailer parks are not generally considered dependent on or related to water location needs. " SDC 25.060 states, "A Greenway Setback Line shall be established to protect, maintain, preserve and enhance the natural, scenic, historic and recreational qualities of the Willamette Greenway. Only water-dependent or water-related uses shall be permitted between the Willamette River and the Greenway Setback Line. The Greenway Overlay District shall substitute temporarily as the Greenway Setback Line for all properties within the Overlay Attachment A 3 • • District that do not have an established Setback Line. Establishment of this Setback Line may occur with or without a request for development approval, but any request for development approval on land without an established Setback Line must be accompanied by an application for establishment of the Greenway.Setback Line. The location of the Greenway Setback Line shall be determined consistent with the following standards derived from Section C.3 of the Willamette River Greenway Goal 15: (1) Local, regional and state recreational needs shall be provided for consistent with the caniying capacity of the land. The possibility that public recreation use • might disturb adjacent property shall be considered and minimized to the greatest extent possible. (2) Adequate public access to the river shall be provided. (3) Significant fish and wildlife habitats shall be protected. (4) Identified scenic qualities and view-points shall be preserved. (5) The maintenance of public safety and protection of public and private property, especially from vandalism and trespass shall be provided for to the maximum extent practicable. (6) The natural vegetative fringe along the river shall be enhanced and protected to the maximum extent practicable. (7) The location of known aggregate deposits shall be considered. Aggregate extraction may be permitted outside the Greenwav Setback Area subject to compliance with State law, the underlying district and conditions of approval designed to minimize adverse effects on water quality. fish and wildlife, vegetation, bank stabilization, stream flow, visual quality, quiet and safety and to guarantee reclamation. (8) Developments shall be directed away from the river to the greatest possible degree: provided, however, lands committed to urban uses shall be permitted to continue as urban uses, including port, public, industrial, commercial and residential uses, uses pertaining to navigational requirements, water and land access needs and related facilities. " According to SDC 25.050, except for uses within the Greenway Setback Area, uses allowed in the Willamette Greenway Overlay District are the same as those in the underlying districts. Any change or intensification of use, or construction that has a significant visual impact requires Discretionary Use Approval. Once the Setback is established, only water dependent and water related uses are permitted between the Setback and the river, thereby satisfying the requirements of Goal 15. Although no development is requested at this time, the applicant proposes to now establish the setback. 3) Water Quality Limited Water Course (WQLW) Ordinance (SDC 32.110(6) and(7)). In July 2002, the City adopted regulations in the SDC for development along all water quality limited watercourses and their direct tributaries in the City's urbanizable area, including the Willamette River. The WQLW section (SDC 32.1 10(6)) references the WQLW map in the Development Services Department that prescribes a setback for a given watercourse. The setback for the Willamette River is 75 feet from the top of bank, unless a greater setback is Attachment A 4 warranted. The water quality protection is also enhanced by requiring vegetative restoration in these areas in addition to the setback. The WQLW provisions were adopted to assist in the City's compliance with the requirements of three federal regulations: the Clean Water Act (CWA), the Endangered Species Act (ESA), and the Safe Drinking Water Act (SDWA). The Springfield City Council directed staff to amend the SDC as part of the City's overall ESA Compliance Strategy. The following outcomes are directly related to the WQLW regulations: 1) Assist the City in complying with federal National Pollutant Discharge Elimination System (NPDES) municipal stormwater permit and other regulatory requirements; 2) Ensure safety of surface water and groundwater for people and aquatic life; 3) Ensure safe discharge of industrial wastewater into the sanitary sewer system; and 4) Minimize the amount of debris and pollutants entering the storm drainage system. A primary intent of the WQLW regulations is to allow development to occur along waterways while complying with federal regulations under the ESA, CWA, and SDWA. It is very important to note that the intent of the WQLW regulations differs from that of the Willamette Greenway provisions contained in Article 25. The WQLW provisions consider the designation of the Willamette as a"water quality limited watercourse", or the "303(d) list". For 303(d)-listed waters, the state is required to develop a water quality recovery plan and submit it to EPA for approval. The WQLW provisions in the SDC are part of the City's response to this requirement. Some of the public testimony received during the adoption of the WQLW amendments expressed a lack of scientific information to support the premise that requiring new development to use riparian setbacks would positively influence the water quality of Springfield's watercourses. In response, Supervising Civil Engineer, Ken Vogeney, wrote a memorandum to the.Springfield Planning Commission (Water Quality and Riparian Areas- What does the Science Say? May 28, 2002). The memorandum summarizes the benefits of riparian setbacks and listed cities nationwide that have implemented such setbacks, as the setbacks recognize the need for larger trees and vegetation to provide shade and other water quality functions needed to protect the rivers. In contrast, the intent of Goal 15 Willamette River Greenway is to "protect, conserve, enhance and maintain the natural, scenic, historical, agricultural, economic, and recreational qualities of lands along the Willamette River as the Willamette River Greenway." The Greenway Goal is less concerned with water quality preservation and enhancement, and more concerned with maintaining adequate public access to the River and protecting the land adjacent to the Willamette River as a resource. In fact, nowhere in the Greenway Goal is water quality of the Willamette River referenced. The Goal is oriented towards maintaining the quality of the lands adjacent to the River, and preserving recreational, scenic and economic opportunities offered by the River. The state's Willamette Greenway Plan was once managed by the Oregon Parks Department, and is now managed by ODOT. Attachment A 5 • • As is stated elsewhere in this report, when a development application for a land division, building, parking area, or other intensification of use is submitted for the subject property, compliance with the City's WQLW regulations will be assessed at that time. The current SDC requires most development to be setback a minimum of 75 feet from the top of bank. Application of the Criteria The current request, to establish a boundary where only water-related and water-dependent uses are allowed, is subject to the following Code provisions and criteria: Section 25.060 Greenway Setback: "A Greenway Setback Line shall be established to protect, maintain,preserve and enhance the natural, scenic, historic and recreational qualities of the Willamette Green wait Only water-dependent or water-related uses shall be permitted between the Willamette River and the Greenway Setback Line. The Greenway Overlay District shall substitute temporarily as the Greenway Setback Line for all properties within the Overlay District that do not have an established Setback Line. Establishment of this Setback Line may occur with or without a request for development approval, but any request for development approval on land without an established Setback Line must be accompanied by an application for establishment of the Greenway Setback Line. The location of the Greenway Setback Line shall be determined consistent with the following standards derived from Section C.3 of the Willamette River Greenway Goal 15: (1) Local, regional and state recreational needs shall be provided for consistent with the carrying capacity of the land. The possibility that public recreation use might disturb adjacent property shall be considered and minimized to the greatest extent possible." Applicant Statement: "The applicable functional plan for recreation is the "Willamalane Park and Recreation Plan" (2004), which is an element of the Metro Area General Plan. The park plan does not designate any portion of the subject property for park use. The park plan identifies the need for"Special Use Parks" within the park district. See page 32. Table 5 in the park plan proposes a "Glenwood Riverfront Park." The"action"proposal in Table 5 says: "Pursue acquisition and development of a multiuse riverfront park in the Glenwood area." See page 52, item 5.3. This proposal is reflected on Map 2 in the park plan: "Existing and Proposed Park and Recreation Resources." What can be gleaned from park plan, is that Willamalane anticipates acquiring and developing a riverfront park in the Glenwood area. The proposal is not site-specific. More significantly, the proposed establishment of the boundary line has not direct bearing on implementation of the parks plan. The district's options for negotiating for park land purchase, on this site or any other site in the Glenwood area, remain unchanged in connection with this application." Staff Response: This first criterion attempts to balance the public's interest with respect to recreation, the ability of the site to accommodate varying degrees of public use, and the government's ability to maintain protection of private property rights. Attachment A 6 • • In this instance, all of the land area proposed to be included within the Setback Line is private ownership. The purpose of the Greenway Setback Line is "to protect, maintain, preserve and enhance the natural, scenic, historic and recreational qualities of the Willamette Greenway." The Glenwood Refinement Plan provides the adopted long-range policy guidance in terms of the site and public recreation, which is included in "Subarea 8: The River Opportunity Area". On page 32 of the Glenwood Refinement Plan, policy 4 states: 4. The City shall defer to Wilmnalane to investigate the potential for acquiring/developing rive,front parkland in this area. - (p. 32) Staff Findings: 1. The applicable policy documents regulating development on this site are the Springfield Development Code and Glenwood Refinement Plan. 2. Policy 4 of the Glenwood Refinement Plan defers to Willamalane Parks and Recreation District regarding the location of parkland on the subject property. 3. The applicant's submittal, which involves establishing a Greenway Setback Line, does not involve the use of the site for recreation, or have an affect on neighboring properties. "(2) Adequate public access to the river shall be provided." Applicant Statement: "How much public access to the river at a given location is"adequate" is inherently a policy question. The City needs to make this determination, as to the nature and scope of the access, and then implement that decision through legal means. The most straightforward approach to providing public access is to purchase the access. The dominant indirect approach is to exact the public access in connection with discretionary approval of a development proposal that creates impacts. That is the "Dolan" avenue. The context for this decision is the determination of a line, not the approval of any development. There is presently no public access to the river on the subject property. Where the boundary line is set has no direct impact on the provision of public access. Regardless of what the City determines in the future to be the appropriate nature and scope of public access to the river on this property, the necessary real property can be acquired on the site, as no development is proposed at this juncture." Staff Response: Glenwood Refinement Plan Subarea 8 Policy 2 addresses public access to the riverfront. "2. The City shall allow for a mixture of zoning districts in order to facilitate development of a mixed-use area. 2.1 Retain existing Light Medium Industrial zoning, but consider zone changes that would allow for park development, office and medium-density residential development and commercial uses that would provide public involvement of and access to the river, such as restaurants, outdoor recreation, and plant nurseries." (p. 32) Attachment A 7 • Policy 2 and 2.1 establishes the importance of public access to the Willamette River. More detailed guidance regarding public access is provided on pages 37 and 38 of the Glenwood Refinement Plan, which establishes the"Willamette River Site Development Guidelines", as follows: ....the following guidelines shall apply to development within the Greenway in the Glenwood area until the City establishes a Glenwood Greenway Setback Line: a. All new structures, expansion of existing structures, drives, parking, and other new or expansion of existing open storage areas shall be set back between 20 and 35 feet from the top of the riverbank, unless the location of the floodway boundary requires a greater separation. This setback will be known as the Glenwood Greenway setback. The flexibility provided between 20 and 35 feet will depend upon the amount of riparian area from the top of the river bank to the ordinary low water line. The intent of the Glenwood Greenway setback is to allow adequate space and separation from the river for uses that are not water -related or water-dependent and to allow enough space for construction of a riverfront bike path in the future." The need for a bike path along the river is a common theme throughout the Glenwood Refinement Plan, and an alignment is shown on the Glenwood Refinement Plan bikeways map on page 53. The concept of providing public access to the river, of establishing a bike path, and of maintaining adequate separation of buildings and the River is discussed throughout the "Willamette River Site Development Guidelines". Staff Findings: 4. The Glenwood Refinement Plan establishes "Willamette River Site Development Guidelines" that regulate development within the Willamette River Overlay District until a time that the City establishes a Greenway Setback Line for the Glenwood Riverfront. 5. The City has not yet established a Greenway Setback Line on the Glenwood Riverfront. 6. The Glenwood Refinement Plan Willamette River Site Development Guidelines prescribe a setback of between 20 and 35 feet from the top of riverbank, unless the location of the floodway boundary requires a greater separation. 7. The intent of the setback, as established in the Glenwood Refinement Plan, is to provide adequate space for a bike path, and to delineate a line where only water related and water dependent uses are allowed. 8. The site is not within the floodway, but portions of the site are within the 100-year floodplain. 9. Although the present request to establish a setback line does not directly impact the ability for public access to the river in the future, existing policy direction from the Glenwood Refinement Plan requires that adequate public access and separation from the river is provided when establishing a Greenway Setback Line. Staff Recommended Condition: In accordance with the provisions of SDC Article 25 and the Glenwood Refinement Plan, the applicant shall provide a minimum Greenway Setback of 20 feet Attachment A 8 • • • from the top of bank along the entire length of the site abutting the Willamette River, except where the applicant has recommended a greater setback. Only water-related and water dependent uses shall be allowed within this setback area. "(3) Significant fish and wildlife habitats shall be protected." Applicant Statement: (From Coyote Creek Environmental "Site Inventory Report of Findings") "A review of the Oregon Natural Heritage Information Center information indicates that significant fish and wildlife species known to reside in the vicinity (not necessarily at the parcel) include Chinook Salmon, Oregon Chub, Townsend's Big-eared Bat and two species of turtle. Habitat requirements for these species include the Willamette River (classified as Essential Salmonid Habitat) and the riparian zone along the river. The Study Parcel includes a narrow ribbon of riparian vegetation, approximately 0-8' in width on most of the parcel (please not that the riparian vegetation may continue down the bank to the river, adding to the width at most locations), which may provide habitat suitable for some of the identified sensitive species. The Riparian Edge is too narrow and lacking in diverse, mature native vegetation that would allow it to be considered.°significant". It is, however, the most relatively significant habitat area at the site." Staff Response: The Glenwood Refinement Plan, page 39, is consistent with the applicant's assessment of the site as far as providing significant wildlife habitat, stating, "No significant fish or wildlife habitats have been identified to date." However, the Refinement Plan also requires that the natural vegetative fringe be protected and enhanced. Staff Findings: 10. The applicant has noted that significant fish and wildlife habitats may be in the vicinity, however, may not specifically be located at the site. 11. The Glenwood Refinement Plan notes no significant wildlife or fish habitats on the site. Enhancement of the natural vegetative fringe during future development of the site as required to comply with SDC 31.240, 34.060 and/or 35.055 will provide fish and wildlife protection in accordance with this criterion. 12. Under the Glenwood Refinement Plan Willamette River Site Development Guidelines (page 38), "b" provides, "The natural vegetative fringe along the river shall be protected and enhanced to the maximum extent practicable." (4) Identified scenic qualities and view points shall be preserved. Applicant Statement: (From Coyote Creek Environmental "Site Inventory Report of Findings"): The Scenic Qualities at the site are the same as those offered by other parcels located in a similar landscape position: the high terrace along the Willamette River. The visual accessibility to the Willamette River is the primary scenic quality offered by this parcel. The semi-circle of Western Red cedar at the southern end of the property is an identifiable landmark feature near the parcel. The Managed Meadow is neither unique nor distinctive, and the Riparian Edge is too narrow to provide much scenic value. The Riparian Edge does assist in providing visual identification and definition to the river and riparian system. No particular individual viewpoints were identified at the parcel; short views to the River and across to the Day Island Attachment A 9 • • Park are available along much of the parcel, through gaps in the Riparian Edge. The parcel is visible from westbound traffic on the Willamette River Bridge, and at a few locations from Day Island Park." Staff Response and Finding: 13. In addition to the scenic qualities and viewpoints mentioned by the applicant, the site itself is visible from West D Street and Island Park, and residents and users of adjacent properties have views of the site. However, the establishment of the Greenway Setback Line has little to do with the interruption of views to or from the site. (5) The maintenance of public safety and protection of public and private property, especially front vandalism and trespass shall be provided for to the maximum extent practicable. Applicant Statement: "The proposed Greenway Setback Line is consistent with this factor." Staff Response Finding: 14. The present application has no impact on the maintenance of public safety and protection of public and private property. (6) The natural vegetative fringe along the river shall be enhanced and protected to the maximum extent practicable. Applicant Statement: (From Coyote Creek Environmental "Site Inventory Report of Findings") "The Riparian Edge on this parcel is typically 0-8' in width, widening at the southern edge near the bridge. This landscape feature is dominated by a mix of native and non-native vegetation, generally young to moderately aged plants, with little management occurring. This feature should be considered a component of the "Natural Vegetative Fringe", as it provides the most significant habitat functions and some visual resource functions at the site. The Riparian Edge could be enhanced by planting of additional species, particularly more of those species typically found in a riparian setting (Wild Cherry, Douglas Hawthorne, Oregon Maple, Oregon Ash, Douglas Fir, Black Cottonwood), in a broadened corridor along the top of bank. The Managed Meadow should not be considered a component of the "Natural Vegetative Fringe", as it is primarily non-native species, provides no significant habitat functions and very little visual resource functions at the site." Staff Response: From the information submitted in the application and a follow up phone conversation with Mike Shippey of Coyote Creek Environmental, the proposed greenway setback varies from 10-140 feet from top of bank, following the existing tree line along the top of bank and meandering according to the existing riparian fringe. The aerial photo provided by the applicant shows a blue line, which indicates a low bank or shelf adjacent to the river, which is not part of the applicant's property based on a land survey. The applicant suggests in the submittal that planting and enhancing the Riparian Edge, "in a broadened corridor along the top of bank" would improve the conditions for habitat functions and enhance the riparian environment. Such improvements on portions of the site will be Attachment A 10 • • • • required to be installed during development of the property to comply with SDC 31.240, 34.060 and/or 35.055. Staff Finding: 15. The existing natural vegetation will be protected through approval of the proposed setback. Additional enhancement of the riparian vegetation will be a requirement of development approval in the future to comply with SDC 31.240, 34.060 and/or 35.055. (7) The location of known aggregate deposits shall be considered. Aggregate extraction may be permitted outside the Greenway Setback Area subject to compliance with State law, the underlying district and conditions of approval designed to minimize adverse effects on water quality,fish and wildlife, vegetation, bank stabilization, strewn flow, visual quality, quiet and safety and to guarantee reclamation. Applicant Statement: "This factor is not directly applicable to this request, as the site is not on any acknowledged aggregate inventory." Staff Response: The staff concur with the applicant's statement. (8) Developments shall be directed away from the river to the greatest possible degree; provided, however, lands committed to urban uses shall be permitted to continue as urban uses, including port,public, industrial, commercial and residential uses, uses pertaining to navigational requirements, water and land access needs and related facilities. Applicant Statement: As discussed above, this factor is not applicable to this request, because no development is proposed at this time. Staff Response: The Glenwood Refinement Plan contains policies that specifically address the Franklin Blvd./ Willamette River Corridor. Policy 2 (page 28) states: "2. The City shall ensure that new development and redevelopment in the Willamette River Greenway is sensitive to Greenway concerns. 2.1 Use the Willamette River Site Development Guidelines beginning on Page 37 in reviewing development proposals within the Willamette River Greenway until such a time when Springfield establishes a Greenway Setback Line for all Glenwood properties." Staff Finding: The application before the Hearing's Official is for establishment of the greenway setback in the absence of a development application. When an application for development is submitted to the City the provisions of Article 25, as well as other applicable standards of the Development Code, including this criterion will be applied to the request. Attachment A 11 • Conclusion and Recommendations Although the present application involves only the delineation of a Greenway Setback Line, where only water-related and water-dependent uses are permitted under Statewide Planning Goal 15, it must be reiterated that when a development proposal is submitted for the subject property, the standards of SDC 31.240, 34.060 and/or 35.055 will be applied to the development proposal. The findings provided in this staff report support a minimum of a 20-foot Greenway Setback Line in accordance with Glenwood Refinement Plan, except where indicated as greater by the applicant to preserve existing riparian vegetation, for the following reasons: 1. The purpose of the Greenway Setback Line is "to protect, maintain, preserve and enhance the natural, scenic, historic and recreational qualities of the Willamette Greenway." 2. The intent of the Glenwood Refinement Plan's policy guidance for the Greenway Setback is to ensure that development is set back far enough from the top of bank to provide adequate separation of uses between development and the riverfront and to provide for a future bike path and public access. 3. While the natural vegetative fringe is not adequate at this point to support significant fish and wildlife habitats, the applicant indicates that enhancing the riparian function of the site could contribute to increased habitat for species that do exist in the region. 4. The Glenwood Refinement Plan provides that the minimum Greenway Setback shall be between 20 and 35 feet from the top of the riverbank, depending on the amount of riparian area between the top of bank and the ordinary low water line. Only water-related and water- dependent uses are allowed between the setback line and the ordinary low water line of the river. 5. The Glenwood Refinement Plan and Article 25 of the SDC prescribe that the natural vegetative fringe shall be protected and enhanced to the maximum extent practicable. 6. Because the Refinement Plan provides the setback minimum varying between 20 and 35 feet, based on the assessment of the site from the applicant, the minimum setback required here should be 20 feet from the top of bank, in order to fulfill the intent of Statewide Planning Goal 15. 7. The approval of the proposed setback with the recommended condition of approval fulfills only the provisions set forth in Article 25 of the Springfield Development Code. Applications for future development on the subject property will require that Code standards requiring a 75-foot minimum setback from the Willamette River are fully addressed. Staff Recommended Condition of Approval: In accordance with the provisions of SDC Article 25 and the Glenwood Refinement Plan, the applicant shall provide a minimum Greenway Setback of 20 feet from the top of bank along the entire length of the site abutting the Willamette River, except where the applicant has recommended a greater setback. Only water-related and water dependent uses shall be allowed within this setback area. Attachment A 12 • • LAW OFFICE OF BILL KLOOS, PC 576 OLIVE STREET,SUITE 300 OREGON LAND USE LAW EUGENE,OR 97401 PO BOX 11906 EUGENE,OR 97440 TEL(541)343-8596 FAX(541)343-8702 E-MAIL BILLKLOOS @LANDUSEOREGON.COM May 20, 2005 Springfield Dev't Services Dept. 225 Fifth Street Springfield, OR 97477 Re: Request for Establishment of Greenway Setback Line Assessor's Map 17-03-34-41 Dear City of Springfield: Please accept this letter in support of the owner's request for establishment of the Greenway Setback Line for the property above. This application is filed under Springfield Development Code (SDC) 25.060. This application is supported by the enclosed: application form; filing fee, if requested by the City; "Report of Findings: Site Inventory of Natural Features," (May 2005), prepared by Coyote Creek Environmental Services, Inc., and a map showing the Proposed Willamette River Greenway Setback for this property. I. Standards that Apply to this Request: The standards that the city applies in making this application are listed in SDC 25.060. They are: (1) Local, regional and State recreational needs shall he provided for consistent with the carrying capacity of the land. The possibility that public recreation use might disturb adjacent property shall he considered and minimized to the greatest extent possible. (2)Adequate public access to the river shall be provided. (3) Significant fish and wildlife habitats shall be protected. (4)Identified scenic qualities and view-points shall be preserved. (5) The maintenance of public safety and protection of public and private property, especially from vandalism and trespass shall be provided for to the maximum extent practicable. (6) The natural vegetative fringe along the river shall be enhanced and protected to the maximum extent practicable. ATTACHMENT.B Springfield Dev't Services• • May 20, 2005 Page 2 of 4 (7) The location of known aggregate deposits shall be considered. Aggregate extraction may be permitted outside the Greenway Setback Area subject to compliance with State law, the underlying district and conditions of approval designed to minimize adverse effects on water quality,fish and wildlife, vegetation, bank stabilization, stream flow, visual quality, quiet and safety and to guarantee reclamation. (8)Developments shall be directed away from the river to the greatest possible degree; provided, however, lands committed to urban uses shall be permitted to continue as urban uses, including port, public, industrial, commercial and residential uses, uses pertaining to navigational requirements, water and land access needs and related facilities. Among these standards, item (8) seems inapplicable in the context of a simple establishment of the setback line, outside of the context of a development proposal. No development approval is requested at this time. Therefore, item (8) does not apply. II. Summary of Request: Based on all the application materials, the request being made of the City is to establish the Greenway Setback Line on this property, as provided for in SDC 25.060. The owner understands that the City, under the standards above, has some discretion in where to draw the line. Some of the eight factors above are legal standards, some are policy standards, and some are factual standards. This application focuses on the standards that are of a legal or factual character. The owner is suggesting an appropriate Greenway Setback Line. It is shown on the enclosed map prepared by Coyote Creek Environmental Services, Inc. The owner proposes drawing the line at the documented "Riparian Edge." III. Discussion of Decision Standards: The standards that are factual in nature, that is, they deal primarily with the natural resources that are on the ground and in the river, are addressed in the enclosed report by Coyote Creek Environmental Services. These standards, from the list quoted above, are: (3) Significant fish and wildlife habitats shall be protected. (4)Identified scenic qualities and view-points shall be preserved. * * * * (6) The natural vegetative fringe along the river shall be enhanced and protected to the maximum extent practicable. • • Springfield Dev't Services May 20, 2005 Page 3 of 4 The remainder of the relevant standards will be addressed in Part III.B. below. A. Discussion of Natural Features Standards. The enclosed Coyote Creek Environmental Services report addresses, in great detail, the facts relevant to the natural features standards, which are items (3), (4) and (6) in list above. Based on that report, the owner recommends drawing the line at the "Riparian Edge," as mapped in the enclosed materials. B. Discussion of Other Standards. (1) Local, regional and State recreational needs shall he provided for consistent with the carrying capacity of the land. The possibility that public recreation use might disturb adjacent property shall be considered and minimized to the greatest extent possible. The applicable functional plan for recreation is the "Willamalane Park and Recreation Plan" (2004), which is an element of the Metro Area General Plan. The park plan does not designate any portion of the subject property for park use. The park plan identifies the need for"Special Use Parks" within the park district. See page 32. Table 5 in the park plan proposes a "Glenwood Riverfront Park." The "action" proposal in Table 5 says: "Pursue acquisition and development of a multiuse riverfront park in the Glenwood area." See page 52, item 5.3. This proposal is reflected on Map 2 in the park plan: "Existing and Proposed Park and Recreation Resources." What can be gleaned from park plan, is that Willamalane anticipates acquiring and developing a riverfront park in the Glenwood area. The proposal is not site-specific. More significantly, the proposed establishment of the boundary line has not direct bearing on implementation of the parks plan. The district's options for negotiating for park land purchase, on this site or any other site in the Glenwood area, remain unchanged in connection with this application. (2,) Adequate public access to the river shall be provided. How much public access to the river at a given location is "adequate" is inherently a policy question. The City needs to make this determination, as to nature and scope of the access, and then implement that decision through legal means. The most straightforward approach to providing public access is to purchase the access. The dominant indirect approach is to exact the public access in connection with discretionary approval of a development proposal that creates impacts. That is the "Dolan " avenue. The context for this decision is the determination of a line, not the approval of any development. There is presently no public access to the river on the subject property. Where the boundary line is set has no direct impact on the provision of public access. Regardless of what the City determines in the future to be the appropriate nature and scope of public access to the river on • • .Springfield Dev't Services May 20, 2005 Page 4 of 4 this property, the necessary real property can be acquired on the site, as no development is proposed at this juncture. (5) The maintenance of public safety and protection of public and private property, especially from vandalism and trespass shall be provided for to the maximum extent practicable. The proposed Greenway Setback Line is consistent with this factor. (7) The location of known aggregate deposits shall be considered. Aggregate extraction may be permitted outside the Greenway Setback Area subject to compliance with State law, the underlying district and conditions of approval designed to minimize adverse effects on water quality,fish and wildlife, vegetation, bank stabilization, stream flow, visual quality, quiet and safety and to guarantee reclamation. This factor is not directly applicable to this request, as the site is not an any acknowledged aggregate inventory. (8) Developments shall be directed away from the river to the greatest possible degree; provided, however, lands committed to urban uses shall be permitted to continue as urban uses, including port,public, industrial, commercial and residential uses, uses pertaining to navigational requirements, water and land access needs and related facilities. As discussed above, this factor is not applicable to this request, because no development is proposed at this time. The applicant looks forward to working with the staff in the processing of this application. Sine- y, Bill as Encl. Application Form Filing Fee, if Applicable "Report of Findings: Site Inventory of Natural Features," (May 2005), prepared by Coyote Creek Environmental Services, Inc. Map: Proposed Willamette River Greenway Setback C: w/o encl. 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