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HomeMy WebLinkAboutOrdinance 5899 11/16/1998 ORDINANCE NO. 5899 . AN ORDINANCE AMENDING THE EUGENE-SPRINGFIELD METROPOLITAN AREA GENERAL PLAN DIAGRAM TO REDESIGNATE A 9.1 ACRES PORTION OF PROPERTY IDENTIFIED AS ASSESSOR MAP 17-04- 07-00, TAX LOT 100, FROM AIRPORT RESERVE TO GOVERNMENT AND EDUCATION AND DECLARING AN EMERGENCY. The City Council of the City of Springfield finds that: G A. Chapter IV of the Eugene-Springfield Metropolitan Area General Plan (Metro Plan) sets forth procedures for amendment of the Metro Plan, which for the City of Springfield are implemented by provisions of the Springfield Development Code, Article 7. B. On December 8, 1997, the Eugene City Council initiated proceedings, without prejudice, for a Type I amendment of the Metro Plan diagram from Airport Reserve to Government and Education for the western portion of Assessor Map 17-04-07-00, ,Tax Lot 100, for purposes of an expansion to the Eugene Airport's air cargo facility. C. On February 10, 1998, the Planning Commissions of Lane County, Eugene and Springfield held a public hearing to consider the proposed amendment. . ( ') D. Based on testimony received at the February 10, 1998, public hearing, the applicant revised the proposal to reduce the area of amendment. E. On March 31, 1998, the Planning Commissions of Lane County, Eugene and Springfield held a second public hearing to consider the revised proposal for Metro Plan diagram amendment. F. On April 28, 1998, the Eugene Planning Commission voted 4 in favor 1 opposed, and the Springfield Planning Commission voted 3 in favor 1 opposed 1 abstention to fOIWard a recommendation of approval of this Metro Plan diagram amendment to their respective governing bodies. The amendment changes the Metro Plan designation of the described subject property from Airport Reserve to Government and Education. G. On May 5, 1998, the Lane County Planning Commission voted 6 in favor 0 opposed to forward a recommendation of denial of this Metro Plan diagram amendment to the Lane County Board of Commissioners. r'. ~ H. On November 16, 1998, the Springfield City Council, Lane County Board of Commissioners and Eugene City Council held a joint public hearing on the proposed amendment. I. Evidence exists within the record and the findings attached hereto that the proposal meets the requirements of Article 7 of the Springfield Development Code, and the requirements of applicable state law. . NOW, THEREFORE, THE CITY OF SPRINGFIELD DOES ORDAIN AS FOLLOWS: ATTACHMENT 2 . Section 1. The above findings, and the findings set forth in Exhibit B attached hereto and incorporated herein by reference are hereby adopted. Section 2. The Metro Plan diagram land use designation for the 9.1 acre western poction of the site identified as Assessor Map 17-04-07-00, Tax Lot 100, located immediately south of the airport, is amended from Airport Reserve to Government and E.ducation, as depicted in Exhibit A attached hereto and incorporated herein by this reference. (' I ---./ Section 3. This amendment is hereby found and determined to impact the public health, safety and welfare, and that an emergency exists, and that there is a need to coordinate the effective date of this ordinance with the City of Eugene and Lane County, the other governing bodies party to the Eugene-Springfield Metropolitan Area General Plan. Therefore, this ordinance shall take effect on the date the last governing body acts to approve the amendments specified in Sections 1 and 2 as specified in Article 7.1 00(4) of the Springfield Development Code, Section 4, Ifany section, subsection, sentence, clause, phrase, or portion of this Ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, that portion shall be deemed a separate, distinct, and independent provision and that holding shall not affect the validity of the remaining portions of this Ordinance. . ( ) ADOPTED by the Common Council of the City of Springfield by a vote of ~ for and ~ against this ~\1ay of November, 1998. APPROVED by the Mayor of the City of Springfield this 16th day of November, 1998. ~~~~ Mayor "'"" ~I~I(J~ - - City ecorder ATTEST: /'-. \..J REVIEWED & APPROVED A TO FORM"\. \ O'>Q4'~....J ~\: DATE: \\ ~ ~ OFFICE OF CITY ATTORNEY . ,~...' Urban Growth Boundary 0 ",......,,' Oaner.1 PI.n Boundary 0 ./'".' Railroad, III /'V Aiwf.andPond.. . ~ Urb.n RenNO Ar.,., m ~ MIlIled UI. Ar... . 1m tl11C puq"ll'sc (If Ill.... PI,IlI ()iagr.ull and Ih!;.': dCS4.'ri~iolls (If II~.... liIIld U~S alld s)'ml'l\Jls sho.....n an: lo:unl..illcJ ill Ol:lph:, II-E) LDw DenailY Resldonti.1 [lughl MOd~du.tri'l II Ao,iculture Modiu", Dem,ity Re,identi.1 ~ Campu' InduIlrial II ~rell land Bigh Delllity.Rocidanti.1 ~ U.,jvcr",v n,no.lIch .. nu..II1<ll,idoIlIL,1 Commercial [[8 Governmenl .nd Education III Au,., Commercial . V? Malor Retail Conto,. Parka and Open Space rL:'J Ilur.llndullrilll Huvy Indultri.1 ~ N.lur"J Auourcll .II Airport AeICHVC Speci.1 Huvy Indu.lt;al II S.nd and Gr'vel January] 99S Note: Corrected version) will be available by June 1, 1998. Eugenlp~ingfield Metropolitan Are-a General Plan Plan Diagram N I W \ I ) '(-'. ...... -f/ 'l' lJ ''"' ----z .t, The Plan Diagram in grilphic dc:picti<Xl of: (I) the broodallocati<Xl of projected land use noxIs in the rnc:tropoIitan area; and (2) goals. objectives and poIicics anbodied in the lexl of the plan. One cannot do.1amine the euct designation of I porticubr parcel of land without consulting wi'" the apprnpIille local jurUdiction. Local jurUdictions mak< man: spociflC inte%pmatiom of the genenl c1iagnm through refinement plans and zoning. The relationship of the c1iagnm 10 Iex~ goals. objo::tives and policies. and 10 the refinement plans and zoning. is upllined in the lex. ("Relationship.o Other Plans and Policics'). When making land use decisions in areas CO\'ered by adopted refinemenl plans. ""'" should refa- 10 the apprnfIi,"" plans. Larxe<<aJe. detailed maps of the $i~fie urban growth boundary are <Xl file wi'" the Lane Council of Go.munents and the Planning om"" of S~ngfield. Lane County, and Eugene. I.J- o I 70001t 11lc jnfofl11Jtion Of) this n1.1p W:l'i tlcrivcd (rum digital dambases on Lane Council of Government's Regional Geographic Information System. Care was taken in the creation of this map. but it is provided ~as is.. LCOG cannot accept any responsibility for errors, omissions. or positional accuracy in the digitaJ data or the underlying rteords. Cum:nt plan designotion. zoning, etc.. for specific para:ls should be confltlncd with the appropriate agency. There are no warranties, express or implied. accompanying lhis product. How- ever, notification of any errors will be appreciated. -0 fT1 X :::; :F 0- 0 ~ rt N ~ --~_. --'----- . G ., \. J ,....--, ~ . Exhibit "A" p. 2 of 2 +=- +=- o ~ Ul r-- l \)>~I. t I ~~ I \ I Z z I t \.0\. . \ \ __~X~U /;t~J~ (------ //:-- .;>>- --- ,-- ......... I -.........' ) I "~\ / \ \ \ \ I I I I I I I I I \ \ I I t I I I \ I I X--l i \ I i I L.. I \ , \ 1 \ I I , ~ ,. I I I , \ I I I L_ I j/// 1/ // (/ rt I 11 , I II )1 :L~- J I I I I - .-/,/ \ --------- '-----------......... AIRrORT ROAD_ - - - - - - - - "- ---------- "- I ( 2-4 I I -t-'"'" .')" (~ EUgenetp~ingfield Metropolitan Area Genfbral Plan Plan Diag'ram ('Ille pUlllosc of lhe Pl:m Di;lgfillll and tIll: descriptions uf the. lilllllu...cs alll..! !>ymhuls .~htl""'l1 an: l,.'ulIlaincd in Cbaptl:r H..E) \ J \ I ! \--_.-. (~ \ ) . \ \-e Note: Corrected version) will be available by June 1, 1998. )::0 -l -l )::0 n :c :3: rr1 :z -l OJ ----z .k, ~'f~ The Plan Diagram is a graphic depiction of: (I) !he broad allocation of projcx:ted land use needs in !he rnctropo!itan lllU; and (2) goals. objectives and policics embodied in !he text of !he plan. One c:annot <k-,crminc !he exact designation of. particular parcel of land without consulti"8 with !he 8flIlro!Xiate Ioc:aJ jurisdiction. Loc:aI jurisdictions lTl:lke ITlC<'C specifIC inletJ><=tions of !he genenoI diagram through n:finement plans and zoning. The relationship of !he diagram to tex~ goals, objectives and policies, and to !he n:finement plans and zoning, is explained in !he text ("Relationship to Other Plans and Policics'), When making land use decisions in areas coven:d by adopted n:fincment plans. users should n:fer 10 !he 8flIlro!Xiate plans. ~e, detailed maps of the site-spccific urban growth boundory an> on file with the Lane Cooncil oC Governments and !he Planning Offices of Springfield. Lane County, and Eugene. ~- o I 7000 It 1be infonn:nion un this map W;l'i derived from digital databases on Lane Council of Government's Regional Grographic Information System. Care was u.ken in the creation of this map. but it is provided -as is.. LCOG c:annot accept any responsibility for enm, omissions, or positionaJ accuracy in the digital data or !he underlying records. Current plan designation, zoning, etc., for specific parcels should be confirmed with the appropriate agency. 1bere are no warranties, express or implied, accompanying this product. How- ever, notification of any errors will be appreciated. 'P rr1 X ::J :P 0- 0 ,'rl) rt N = :t:> (t....,.-, '-,-~-'-'---- . . \ Exhi bit II A" p. 2 of 2 (~ J .po .po C> ~ 0) ~, r-- l \J>Q\. '\ t I E3 ~ I \ I Z z I i t \. (i) I . I . \ ~ TAXIWAY L ~ ~;;t~j~ ~~--::---- '\' //~-:--*~ I I '~\ 1/1/ / \\ ! ('(It ~i~ \ 1 \ I 1 I"'~ I I I I I \ ~ I I II J I :L-<- '--, :: I J I i \ I ~ I I I L- _' ___;, / I \ I _-------- '----------_ i _ AIRf'ORf_ROAD --r.-.------.--=~--" " I \: I r ATTACHMENT 4 ~ . \ ) \.....----_../ . l I .)'1 . . EUGENE AIRPORT (Eugene File MA 97-3) CONTENTS OF THE RECORD Item Page Minutes Eugene City Council, December 8, 1997 (MP A Initiation) 3 Joint Planning Commission, February 10, 1998 4 (' Eugene Planning Commission Study Session, March 30, 1998 11 J Joint Planning Commission, March 31, 1998 13 Joint Planning Commission, April 28, 1998 19 Lane County Planning Commission, May 5, 1998 24 Staff Reports Eugene City Council Agenda Item Summary, December 8, 1997 (Initiation) 27 February 10, 1998 30 Map: Area of Amendment (28.38 acres) 50 Map: Flood Zones and Wetlands 51 Letter from ODOT, December 19, 1997 52 Minutes Excerpt: Eugene Planning Commission September 11, 1990 53 Excerpt: Airport Master Plan, 1990 55 . South Terminal Plan 72 On Airport Land Use Plan 73 ( Memorandum, February 24, 1998 74 March 31, 1998 75 Map: Revised area of amendment (9.1 acres) 104 On Airport Land Use Plan (Existing) 105 On Airport Land Use Plan (Amended) 106 Map: Flood Zones and Wetlands 107 Letter from AirTech, March 16, 1998 108 Letter from AirTech, February 10, 1998 III Letter from ODOT, December 19, 1997 112 E-Mail from Tom Stinchfield, Lane County, March 19, 1998 113 Letter from Michael Farthing, February 10, 1998 114 ~..... Letter from Eugene City Attorney, February 5, 1998 127 '-./ Eugene City Council Agenda Item Summary, December 8, 1997 128 Map: Area of Amendment (28.38 acres) 131 Map: South Terminal Plan 132 Letter from Michael Farthing, February 24, 1998 133 . Table of Contents Page 1 ;'-~ ~ -- - ------ .- --- -~--- ATTACHMENT 5 1 - -.-- -- Letter from Paul Atkinson, February 21, 1998 Map: Prime Agricultural Soils Excerpt: Airport Master Plan, 1990 Map: Air Cargo Alternatives Minutes Excerpt: Eugene Planning Commission September 11, 1990 Excerpt: Agricultural Wetland Delineation, February 1998 136 137 138 147 155 157 April 28, 1998 Lane County Ordinance P A-886 (with map) Lane County Ordinance P A-890 (with map) Ordinance P A -890 Exhibit F Letter from Michael Farthing, March 31, 1998 163 169 173 176 179 Table of Contents Page 2 , ): t . .---- ~ . 'r~"''' "'-- - . 2 . r', J . \ I r--- ''--./ EXHIBIT B FINDINGS IN SUPPORT OF THE ORDINANCE AMENDING THE EUGENE- SPRINGFIELD METROPOLITAN AREA GENERAL PLAN DIAGRAM AND SUBAREA MAP TO REDESIGNATE A 9.1 ACRE PORTION OF PROPERTY IDENTIFIED AS ASSESSOR MAP 17-04-07-00, TAX LOT 100 FROM AIRPORT RESERVE TO GOVERNMENT AND EDUCATION AND CHANGING THE AIRPORT MASTER PLAN (REFINEMENT PLAN) ON-AIRPORT LAND USE PLAN LAND USE DESIGNATION FROM ENVIRONMENTAL BUFFER TO AIR CARGO The following findings pertain to the Air Cargo expansion, assessor map 17-04-07-00, tax lot 100. CRITERIA FOR EVALUATING A METRO PLAN AMENDMENT The following criteria from EC 9.128(3) shall be applied by the City Council in approving or denying a Metro Plan amendment application: (a) The amendment must be consistent with the relevant statewide planning goals adopted by the Land Conservation and Development Commission. (b) Adoption of the amendment must not make the Metro Plan internally inconsistent. EC 9.136(4) provides that when a Metro Plan amendment is enacted that requires an amendment to a refinement plan or functional plan diagram or map for consistency, the Metro Plan diagram amendment automatically amends the refinement plan or functional plan diagram or map if no amendment to the refinement plan or functional plan text is involved. Based on substantial evidence in the record, and subject to revision and adoption of additional findings in connection with approval of a text amendment to the Willakenzie Area Plan pertaining to the site, the Eugene City Council finds as follows: Metro Plan Amendment Criteria #1: EC 9.128 (3)(a) The amendment must be consistent with the relevant statewide planning goals adopted by the Land Conservation and Development Commission. Introduction: The nineteen Statewide Planning Goals, adopted by the Land Conservation and Development Commission, are the foundation to Oregon's land use planning system. In addition to the Goals, the Commission has adopted administrative rules to guide local governments in complying with the Goals. Issues raised in public hearings about this proposed Metro Plan amendment to accommodate an expansion of the Eugene Airport air cargo facilities centered primarily on the following . Exhibit B, Findings - 1 Statewide Planning Goals: . Goal 3: Agricultural Lands Goal 4: Forest Lands GoalS: Open Spaces, Scenic and Historic Areas, and Natural Resources Goal II : Public Facilities and Services Goal 12: Transportation Goal 14: Urbanization ~J '-.-' Many of these issues have been addressed by the reduction ofthe area of amendment from 28.38 acres to 9.1 acres and by the addition of a concurrent amendment to the Airport Master Plan (refinement plan) On Airport Land Use Plan diagram that will designate the property as Air Cargo to limit future use of the property. The reduction in area of the amendment avoids areas with hydric soils and jurisdictional wetlands (GoalS concerns), and avoids adding new areas of undetermined use to the airport, for which traffic generation (Goal 12) was an issue. Additional traffic information is provided below under Goal 12 to assess the probable traffic impacts of this amendment. . Other issues collectively pertained to the transition of rural lands to that of airport-related uses. Generally, Statewide Planning Goals require that urban development and public facilities serving that urban development be restricted to areas within Urban Growth Boundaries (UGBs). Expansion ofUGBs or extension of facilities beyond those boundaries typically require exceptions to one or more Statewide Planning Goals. Airports are transportation facilities that serve both urban and rural areas. Airports are often not compatible with other urban development due to noise, traffic, and hazards, and are typically located outside UGBs to provide a separation between airport activities and urban areas. The Transportation Planning Rule addresses the apparent paradox of locating large facilities like airports outside UGBs and, as stated below, "identifies transportation facilities, services, and improvements which may be permitted on rural lands consistent with Goals 3, 4, II, and 14 without a goal exception" (OAR 660-012-0065(1), emphasis added): 4Ia The following transportation improvements are consistent with goals 3, 4, 11, and 14 subject to the requirements of this rule: (n) Expansions or alterations of public use airports that do not permit service to a larger class of airplanes. (OAR 660-012- 065(3)(n)) i '-....J This rule exempts this expansion to the Eugene Airport from needing exceptions to Statewide Planning Goals 3 (Agricultural Lands), Goal 4 (Forest Lands), Goal II (Public Facilities and Services), and Goal 14 (Urbanization). . Exhibit B, Findings - 2 . ~/ . ... "'---/ . The codes provide that when a Metro Plan amendment is enacted that requires an amendment to a refinement plan or functional plan diagram or map for consistency, the Metro Plan diagram amendment automatically amends the refinement plan or functional plan diagram or map if no amendment to the refinement plan or functional plan text is involved. In this instance, the Airport Master Plan On Airport Land Use Plan diagram will be automatically amended to extend the Air Cargo designation 9.1 acres to the south. The Air Cargo designation in the refinement plan is consistent with the Metro Plan designation of Government and Education because the property will be owned by a government entity (the City of Eugene). The Air Cargo designation provides a greater level of clarity about the intended government use of the site. The following discussion provides evidence from the record pertaining to Metro Plan Amendment Criterion #1, consistency with Statewide Planning Goals. 'C> Goal 1, Citizen Involvement: To develop a citizen involvement program that insures the opportunity for citizens to be involved in all phases of the planning process. This Metro Plan diagram amendment request is subject to the public notification and hearing processes adopted by all three Metropolitan jurisdictions. The amendment was considered at a public hearing before all three Planning Commissions and bodies of elected officials. Notice of the Planning Commission public hearing was published in the Register-Guard and Springfield News. Written notice of the Planning Commission public hearing was mailed to the owners and occupants of properties within 500 feet of the property, to persons who requested notice, and to the neighborhood associations. Notice was provided to the owners ofthe airport as required by ORS 227.175. After receiving the recommendation from the Planning Commissions, the elected officials hold a duly noticed joint public hearing on the record to consider approval, modification, or denial of the amendment. The process for Metro plan amendments was adopted and acknowledged in 1995. The process provides ample opportunity for citizen involvement consistent with Goal 1. Goal 2, Land Use Planning: To establish a land use planning process and policy framework as a basis for all decision and actions related to use of land and to assure an adequate factual base for such decisions and actions. This request to amend the Metro Plan diagram is consistent with government-initiated Plan amendment provisions found in Section IV of the Metro Plan, as codified in the Eugene, Springfield, and Lane County Codes. On December 8, 1997, this Metro Plan diagram amendment was initiated by the City of Eugene City Council. Provisions in the Eugene, Springfield, and Lane County Codes specify the means by which the Metro Plan may be amended. This request, and the process for reviewing the requested amendment, follow the procedures outlined in these codes and conform with the established land use planning process consistent with Goal 2. Exhibit 8 , Findings - 3 . c~ . Expansion of airport related uses on this property is consistent with adopted planning processes and policies. The State-acknowledged Metro Plan and Airport Master Plan provide the policy framework and factual base for all decision and actions related to use of airport land. The adopted Metro Plan diagram designates this site as Airport Reserve. The Metro Plan defers to an airport master plan for guidance about airport facility improvements (Policy 8, Page III-F-6). The purpose of the On-Airport Land Use Plan diagram is to achieve an arrangement of land uses within the airport's boundaries that best utilizes available property for current and future airport needs. The 1990 Airport Master Plan's "On Airport Land Use Plan," Sheet 9, designates the land subject to this proposed amendment as "Environmental Buffer." The Airport Layout Plan designates this property as a Phase I land acquisition site. The acquisition is "required to provide environmental buffer and future expansion areas around the Airport" (page IV-3). The air cargo site analysis that resulted in the 1993 Metro Plan amendment (and subsequent construction of an air cargo facility located immediately adjacent to the site subject of this request) recommended that site because it could be "greatly expanded to accommodate unrecognized demand" (page IV -29). Goal exceptions are allowed under Goal 2 for any use not allowed by the particular goal(s). This proposed Metro Plan amendment is consistent with Statewide Planning Goals 3 (Agricultural Lands), 4 (Forest Lands), II (Public Facilities and Services), and 14 (Urbanization) pursuant to OAR 660-012-065(1) and (3)(n), which state: (1) This rule identifies transportation facilities, services and improvements which may be permitted on rural lands consistent with Goals 3, 4, 11, and 14 without a goal exception. (3) The following transportation improvements are consistent with goals 3, 4, 11, and 14 subject to the requirements of this rule: (n) Expansions or alterations of public use airports that do not permit service to a larger class of airplanes. The proposed Metro Plan amendment is consistent with this rule (i.e., no exception to Goals 3, 4, 11, or 14 are needed for the proposed amendment). The findings why this Metro Plan amendment is consistent with this Rule are discussed under Goal 12, page 16. The future use of the property for which an amendment is requested will be defined through a ... concurrent amendment to the Airport Master Plan On Airport Land Use Plan diagram to change "--/ the designation on the 9.1 acres subject to the Metro Plan amendment from "Environmental Buffer" to "Air Cargo" and through a concurrent zone change to Airport Operations. Together, these designations clearly define the intended use of this site as for airport-related air cargo facilities. These restrictions are consistent with use regulations pertaining to all other airport property. . Exhibit B, Findings - 4 The proposed amendment is supported by a factual base and is consistent with the Goal 2 . planning process and policy framework. Goal 3, Agricultural Land: To preserve and maintain agricultural lands. .J '-- -~/ Goal 3 defines Agricultural Lands as any in western Oregon with predominately Class I, II, III, and IV 'soils, and other lands suitable for farm use taking into consideration soil fertility, suitability for grazing, climatic conditions, availability of water, existing land use patterns, and other factors. Agricultural land does not include land within acknowledged urban growth boundaries or land within acknowledged exceptions to Goals 3 or 4. This proposal does not require an exception from Statewide Planning Goal 3 pursuant to OAR 660-012-065(1) and 660- 012-065(3)(n), which state, 660-012-065(1) This rule identifies transportation facilities, services and improvements which may be permitted on rural lands consistent with Goals 3, 4, 11, and 14 without a goal exception. . 660-012-065(3)(n) The following transportation improvements are consistent with goals 3, 4, 11, and 14 subject to the requirements of this rule: (n) Expansions or alterations of public use airports that do not permit service to a larger class of airplanes. The soils on the entire Kokkeler property are classified as follows by the Natural Resources Conservation Service: NRCS Soil Map Unit 5 A wbrig silty clay loam 8 Bashaw clay 31 Coburg silty clay loam 75 Malabon silty clay loam 118 Salem gravelly silt loam Prime Farm land soil type No No Yes Yes Yes Capability Subclass IVw IVw IIw I lIs -- This proposal would re-designate 9.1 acres of Co burg silty clay loam (Class 2) and Malabon silty clay loam (Class I) soils from Airport Reserve to Government and Education, and change the zone from Exclusive Farm Use/Commercial Airport Safety Combining (E-40/CAS) to Airport Operations (AO). ',,---, Alternate sites for the existing air cargo facility were examined and rejected during preparation of the Airport Master Plan. The existing site of the air cargo facility, with the acknowledged need for future expansions, was selected by the elected officials in 1993. . Exhibit B, Findings - 5 . o . "'-/ . The State has recognized the importance of public airport facilities and the need to expand such facilities to meet growing demand by declaring the consistency of limited airport expansions or alterations with Goal 3. Based on the findings of consistency with Goal 12 and OAR 660-012- 065(1) and (3)(n), this Metro Plan diagram amendment is consistent with Goal 3. Goal 4, Forest Land: To conserve forest lands by maintaining the forest land base and to protect the state's forest economy by making possible economically efficient forest practices that assure the continuous growing and harvesting of forest tree species as the leading use on forest land consistent with sound management of soil, air, water, and fish and wildlife resources and to provide for recreational opportunities and agriculture. This. proposal is consistent with.and does not require an exception from Statewide Planning Goal , 4 pursuant to OAR 660-012-065(1) and 660-012-065(3)(n), which state, 660-012-065(1) This rule identifies transportationfacilities, services and improvements which may be permitted on rural lands consistent with Goals 3, 4, 11, and 14 without a goal exception. 660-012-065(3 )(n) The following transportation improvements are consistent with goals 3, 4, 11, and 14 subject to the requirements of this rule: (n). Expansions or alterations of public use airports that do not permit service to a larger class of airplanes. Based on the findings of consistency with Goal 12 and OAR 660-012-065(1) and (3)(n), this Metro Plan diagram amendment is consistent with Goal 4. GoalS, Open Spaces, Scenic and Historic Areas, and Natural Resources: To conserve open space and protect natural and scenic resources. Wetlands are the natural resource of primary concern in the project area. The reduction of the area of amendment from 28.38 acres to 9.1 acres avoids areas with hydric soils and jurisdictional wetlands (Goal 5 concerns). A wetland delineation was prepared for the project site (and additional lands to the south) in February 1998 by Scoles Associates, Inc. This delineation found no jurisdictional wetlands on the 9.1 acres subject to this Metro Plan amendment and zone change. No changes to Goal 5 inventories are required by this amendment. Based on a preliminary review of the area conducted by the Oregon State Historic Preservation Office for the adjacent air cargo facility, there are also no significant historic or archaeological sites that would be affected by this amendment. Consultation with the City's staff historian revealed no reason to suspect that the site subject to this Metro Plan amendment and zone change would contain any significant historic or archaeological sites. Exhibit B, Findings - 6 . r' 1_) . /-.~~, '......---- . Therefore this proposed Metro plan diagram amendment is consistent with Goal 5. Goal 6, Air, Water and Land Resources Quality: To maintain and improve the quality of the air, water and land resources of the state. The proposed air cargo improvements would relocate existing services, not increase the intensity of existing operations to any significant degree. This proposal for Metro Plan diagram amendment is not anticipated to directly impact waste and process discharges that would impact the quality of air, water, and land resources. Any and all future development on the property must comply with all local, state, and federal standards and guidelines pertaining to emission discharge and process regulations. These and other Goal 6 considerations would be addressed through the normal building permit processes when future development occurs on the property. Updates to the Airport Master Plan will address future uses not contemplated at this time (such an update has recently been initiated by the City of Eugene). Since Federal, state and local safeguards are already in place to protect air, water, and land resources through the planning and construction code processes, this Metro Plan diagram amendment does not affect consistency with Goal 6. Goal 7, Areas Subject to Natural Disasters and Hazards: To protect life and property from natural disasters and hazards. The possible hazards that are of primary concern at this site are the occurrence of the 1 DO-year flood. No other conditions indicate that unusual precaution is warranted to prevent damage from a natural disaster or other hazard. The IOO-year flood plain is not located on the portion of property affected by this Metro Plan amendment for the air cargo facility and, therefore, poses no hazard. rhe nearest 1 DO-year flood plain is located south of the subject site, nearer to Kokkeler Road. Even for properties affected by the flood plain, development is not precluded, but rather a requirement for extraordinary construction measures within the floodplain bounds is imposed by existing zoning regulations. Any future construction on the property must comply with local, state, and federal regulations concerning safe construction, including construction within the 1 DO-year flood plain (should the federal flood zone maps be amended in the future) and on lands proximate to an airport. Continued compliance will occur through protections established by Lane County's building, fire, planning, and other codes. This Metro Plan diagram amendment does not affect Metro Plan consistency with Goal 7. Goal 8, Recreational Needs: To satisfy the recreational needs of the citizens of the state and visitors and, where appropriate, to provide for the siting of necessary recreational facilities including destination resorts. Exhibit B, Findings - 7 . The subject site is not identified for recreational use in the Metro Plan or other planning documents. Use of the site to accommodate expanded air cargo facilities will not increase demand for recreational services. This Metro plan diagram amendment does not affect Metro Plan consistency with Goal 8. Goal 9, Economic Development: ' To provide adequate opportunities throughout the state for a variety of economic activities vital to the health, welfare, and prosperity of Oregon's citizens. ( , -..,....-) The Metro Plan found that the metropolitan area is developing as a regional center for activities, such as tourism, distribution, and financial services, serving the Southwestern and Central Oregon area (Finding 4, Page III-B-2), and that the airport contributes substantially to the economy of the metropolitan area (finding 22, page III-F-3). Metro Plan Policy 18, page III- B-6, encourages the development of transportation facilities that would improve freight movement capabilities by implementing projects outlined in the airport master plan. The air cargo facility supports area businesses and economic growth through the efficient movement of goods. The airport's corporate jet activity, which would indirectly benefit from the planned air cargo improvements, also support metropolitan area businesses and travel. This Metro Plan ame~dment is required to allow the airport to relocate and expand the air cargo based on existing and forecasted demand to meet the needs of the growing metropolitan area. Improvements to the air cargo facilities, as permitted by this Metro Plan amendment, would help implement this policy and support economic opportunities in this region. . Therefore, this Metro Plan diagram amendment is consistent with Goal 9. GoallO, Housing: To provide for the housing needs of citizens of the state. This amendment will not change the status or designation of any areas presently designated or zoned for residential use. A single family farmhouse located on another portion of the property purchased by the airport will not be directly affected by this Metro Plan amendment. The residence is located within the Airport Reserve. Therefore, this Metro Plan diagram amendment is consistent with Goal 10. Goal 11, Public Facilities and Services: To plan and develop a timely, orderly and efficient arrangement of public facilities and services to serve as a framework for urban and rural development. .----, ~. Airports are transportation facilities that serve both urban and rural areas. This proposal is consistent with and does not require an exception from Statewide Planning Goal 11 pursuant to OAR 660-012-065(1) and 660-012-065(3)(n), which state, 660-012-065(1) This rule identifies transportation facilities, . Exhibit B~, Findings - 8 . ~, I , ) '-_/ . ~', '--- . services and improvements which may be permitted on rural lands consistent with Goals 3, 4, 11, and 14 without a goal exception. 660-012-065(3)(n) Thefollowing transportation improvements are consistent with goals 3, 4, 11, and 14 subject to the requirements of this rule: (n) Expansions or alterations of public use airports that do not permit service to a larger class of airplanes. The City of Eugene provides urban services, including storm water and sanitary sewer facilities, fire, and police protection to the airport. Fire. protection is also provided by the Lane Rural Fire Protection District. Electric service, natural gas, water, telephones; and other services are already provided to the airport by local and regional utilities. Based on the referral responses, these services can be. extended to the. proposed air cargo facility, if needed, by existing service providers or the airport operators in a manner consistent with adopted policies. Metro Plan policy 2, page III-G-5 allows service extensions to the airport: 2. Sewer and water service shall not be extended beyond the urban growth boundary except to: a. The Mahlon Sweet Field Airport, a public facility serving the entire metropolitan area. This Metro Plan policy allows extension of sewer and water service to not only lands that were in airport use at the time the policy was adopted, but also to subsequent airport expansion areas, including those lands previously designated on the Metro Plan diagram as Airport Reserve and changed to Government and Education by a Metro Plan amendment, so long as those lands being served are part of the public facility airport. Based on the findings of consistency with Goal 12 (page 16 of this report) and OAR 660-012- 065(1) and (3)(n), this Metro Plan diagram amendment is consistent with Goal 11. Goal 12, Transportation: To provide and encourage a safe, Convenient and economic transportation system. Airports are often not compatible with other urban development due to noise, traffic, and hazards, and are typically located outside UGBs to provide a separation between airport activities and urban areas. The Transportation Planning Rule addresses the apparent paradox of locating large facilities like airports outside UGBs and, as stated below, "identifies transportation facilities, services, and improvements which may be permitted on rural lands consistent with Goals 3, 4, 11, and 14 without a goal exception" (OAR 660-012-0065(1), emphasis added). Exhibit B, Findings - 9 . OAR 660-012-0060(1) requires that Amendments to functional plans, acknowledged comprehensive plans, and land use regulations which significantly affect a transportation facility shall assure that allowed land uses are consistent with the identified function, capacity, and level of service of the facility. This shall be accomplished by either: (a) Limiting allowed land uses to be consistent with the plannedfunction, capacity and level of service of the transportation facility; . (b) Amending the TSP (Transportation System Plan) to provide transportation facilities adequate to support the proposed land uses consistent with the requirements of this division; or (c) Altering land use designations, 'densities, or design requirements to reduce demandfor automobile travel to meet travel needs through other modes. OAR 660-012-0060(2) defines the significance of a traffic impact as follows: (2) A plan or land use regulation amendment significantly affects a transportation facility if it: (a) Changes the functional classification of an existing or planned transportation facility; . (b) Changes standards implementing afunctional classification system; (c) Allows types or levels of land uses which would result in levels of travel or access which are inconsistent with the functional classification of a transportation facility; or ( d) Would reduce the level of service of the facility below the minimum acceptable level identified in the TSP. -- "Significance" ofImpact. The proposed Metro Plan amendment and zone change affect 9.1 acres to accommodate a safer and more efficient operation of the existing air cargo facilities with an expansion to accommodate a relocation of those facilities. The air cargo facility expansion will involve the relocation and consolidation of existing air cargo activities, possibly the construction of a building to facilitate operations, and separation of air cargo activities from corporate jet activity, to improve operational characteristics. These improvements are not expected to generate any additional vehicular traffic. '''--:............. Even if the air cargo operator located at the former air traffic control tower relocates to the expanded facility, vehicular traffic will be transferred from the more congested Lockheed Drive to the all-way stop controlled intersection of Greenhill Road and Airport Road. Based on two . Exhibit B:, Findings - 10 . truck berths, the average daily trips transferred will be 27 trips per day (6th Edition ofthe ITE Trip Generation Manual estimates 6.79 trips per berth per day for truck terminals). .1 I Lane County Transportation staff conducted a traffic count at the Greenhill/Airport road intersection, which is' currently controlled by stop signs on all approaches. They found that the intersection did not meet warrants for signals. Peak hour analysis shows level-of-service "A" for all movements through the intersection. In reference to the proposed air cargo expansion, County staff concludes that, "given the minor increase in truck volumes estimated for this proposal, I would not expect an appreciable impact on level-of-service" (e-mail correspondence from Tom Stinchfield dated March 19, 1998). Limitations in Use. The original request for a Metro Plan amendment (as initiated in December 1997) affected over 28 acres of land and allowed approximately 10 acres of undetermined future uses. This proposal has been reduced to only the air cargo facility on only 9.1 acres, and a concurrent Airport Master Plan amendment is included to designate the 9.1 acres as Air Cargo on the On Airport Land Use Plan. This limitation of use makes the proposed amendment consistent with OAR 660-012-0060(1)(a). . Conformance with Adopted Plans. The adopted transportation plan for the metropolitan area is TransPlan. It includes no specific recommendations in the vicinity of this proposed amendment. The Airport Master Plan recommends access improvements to reduce interruptions in traffic flow, separate general aviation traffic, and facilitate increases in parking lot capacity as general improvements to accommodate the overall growth of the airport. The Airport Master Plan concluded that both the Clear Lake/Greenhill and Airport Road access networks provide adequate capacity to accommodate forecast demand' (Appendix A, pages 1 and 2, of Airport Master Plan, 1990). The proposed amendment to the Metro Plan diagram would not result in a significant traffic impact pursuant to OAR 660-012-0060(2) as it would not result in a change to the functional classification of the existing or planned transportation facility; change standards implementing a functional classification system; allow types or levels of land uses which would result in levels of travel or access which are inconsistent with the functional classification of a transportation facility; or reduce the level of service of the facility below the minimum acceptable level identified in the TSP. ,. Findings for OAR 660-012-0065. The Transportation Rule determined that certain transportation activities and facilities in rural areas are consistent with other Goals. This proposal is found consistent with and does not require an exception from Statewide Planning Goals 3, 4, 11, and 14 pursuant to OAR 660-012-065(1) and 660-012-065(3)(n), which state, '- "-- 660-012-065(1). This rule identifies transportationfacilities, services and improvements which may be permitted on rural . Exhibit B , Findings - 11 . lands consistent with Goals 3, 4, 11, and 14 without a goal exception. 660-012-065(3). Thefollowing transportation improvements are consistent with goals 3, 4, 11, and 14 subject to the requirements of this rule: (n) Expansions or alterations of public use airports that do not permit service to a larger class of airplanes. ~ Any airport that accepts Federal funds for planning, engineering, development, maintenance, or . operation of airport land,facilities,and equipment is legally obligated to maintain the airport as a publicly accessible facility. Eugene Airport, which uses such federal funds, is a public use airport. . The proposed expansion of the air cargo facilities would not affect the class (F AA Design Group) of aircraft that may be serviced by the Eugene Airport. The determining factor for the class of aircraft serviced at the Eugene Airport is the runway and taxiway, which may accommodate a FAA Design Class IV aircraft (wingspan of up to 171 feet). The air cargo facilities would be designed to accommodate FAA Design Class II aircraft (wingspan of between 49 to 79 feet). The alteration or expansion of the air cargo facilities permitted by the proposed Metro Plan amendment would, therefore, not permit service to a larger class of airplane. The proposed Metro Plan amendment is consistent with OAR 660-012-065(3)(n) and are therefore consistent with Goals 3, 4, 11, and 14. Therefore this Metro Plan diagram amendment is consistent with Goal 12. Goal 13, Energy Conservation: To conserve energy. This Goal is not relevant because the amendment does not involve any additional development that would consider energy conservation systems, or the recycling and reuse of vacant land per the guidelines associated with Goal 13. The amendment will not affect Metro Plan compliance with Goal 13. Goal 14, Urbanization: To provide for an orderly and efficient transition from rural to urban land use. .-, This proposal is consistent with and does not require an exception from Statewide Planning Goal ~ 14 pursuant to OAR 660-012-065(1) and 660-012-065(3)(n), which state, 660-012-065(1) This rule identifies transportation facilities, services and improvements which may be permitted on rural lands consistent with Goals 3, 4, 11, and 14 without a goal . Exhibit B, Findings - 12 . r'. J . . ',-- ~ exception. 660-012-065(3 )(n) The following transportation improvements are consistent with goals 3, 4, 11, and 14 subject to the requirements of this rule: (n) Expansions or alterations of public use airports that do not permit service to a larger class of airplanes. The Metro Plan provides a strategy for development of the airport property, appropriate land uses for properties surrounding the airport, and service extensions to the airport. The site is designated Airport Reserve by the Metro Plan. The property is not within the Eugene city limits or Urban Growth Boundary, but has all necessary urban services. Metro Plan policy 2, page III- G-5, which was acknowledged by DLCD, allows service extensions to the airport: 2. Sewer and water service shall not be extended beyond the urban growth boundary except to: a. The Mahlon Sweet Field Airport, a public facility serving the entire metropolitan area. This Metro Plan policy allows extension of sewer and water service to not only lands that were in airport use at the time the policy was adopted, but also to subsequent airport expansion areas, including those lands previously designated on the Metro Plan diagram as Airport Reserve and changed to Government and Education by a Metro Plan amendment, so long as those lands being served are part of the public facility airport. The property is not being converted from rural to urban use (i.e., will not become included within the UGB). Based on the findings of consistency with Goal 12 (beginning on page 16 of this report) and OAR 660-012-065(1) and (3)(n), this Metro Plan diagram amendment is consistent with Goal 14. Goal 15, Willamette River Greenway: 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 boundary of the Willamette River Greenway is not proximate to the property [Oregon Department of Transportation, State Highway Division, Willamette River Greenway Map #97]. Therefore, this Goal is not relevant and the amendment will not affect Metro Plan compliance with Goal 15. Goals 16 through 19 (Estuarine Resources, Coastal Shorelands, Beaches and Dunes, and Ocean Resources): . Exhibit B, Findings - 13 . "1 ,.--) . r--, '--, There are no coastal, ocean, estuarine, or beach and dune resources related to the property or involved in the amendment. Therefore, these Goals are not relevant and the amendment will not affect Metro Plan compliance with Goals 16 through 19. Metro Plan Amendment Criteria #2: EC 9.128(3)(b) Adoption of the amendment must not make the Metro Plan internally inconsistent. Metro Plan Diagram. Since no modification to the Metro Plan text is necessary, the proposed amendment to the Metro Plan diagram will not alter the Metro Plan's internal consistency. The proposed diagram amendment would change 9.1 acres of "Airport Reserve" to "Government and Education" consistent with the designation for other lands currently in airport use. Metro Plan Policies. The proposed amendment is consistent with adopted policies contained in the Metro Plan and applicable functional plans including TransPlan (1986), and the Airport Master Plan. Although not needed in order to make the consistency finding of Criterion (b), the following Metro Plan policies pertaining to airport area development are listed below for the benefit of the record: [NOTE: At time of Metro Plan adoption, the Mahlon Sweet Master Plan was the refinement plan for the airport area. It has since been replaced by the Airport Master Plan, adopted in 1990.] Policy 8, Page IlI-F-6: The Mahlon Sweet Master Plan shall serve as the guide for improvements of facilities and services at the airport. The Airport Master Plan has been adopted as a refinement to the Transportation Element of the Metro Plan. Policy 9, page IlI-F-6: Mahlon Sweet Field shall be served with the necessary urban services required to operate the airport as an urban facility . The City of Eugene provides urban services, including storm water and sanitary sewer facilities, fire, and police protection to the airport. Fire protection is also provided by the Lane Rural Fire Protection District. Electric service, natural gas, water, telephones, and other services are already provided to the airport by local and regional utilities. Policy 10, Page IIl-F-6: Development within the airport environs but outside the airport proper and outside the urban growth boundary shall not be provided urban services. The proposed air cargo facilities will be constructed on airport-owned land designated by the Metro Plan diagram as a Government and Education, and Air Cargo in the Airport Master Plan, if this Metro Plan diagram amendment is approved. These designations are consistent with other . Exhibit B, Findings - 14 . airport lands. Policy 11, Page III-F-6. Airport-related commercial and industrial development shall be accommodated on airport-owned property or on privately-owned commercial or industrial property within the urban growth boundary. The proposed air cargo facility will be located on airport-owned property. Policy 12, Page III-F-6. The portion of the airport environs outside the influence of the Metropolitan Area General Plan shall be protected through enforcement of the Lane County ,. 'J ~~:~:~::n~~:;:~~~~:::t ~:~:.m~;-~~;~r;~:v7,~:~r:~t~::;h:;:;~:n~:d~f~z~e~:~:ral Plan shall be protected through the enforcement of the ordinances and regulations, which support this General Plan. The proposed area of amendment is within the influence of the Metropolitan Area General Plan and will be supported by the proposed Airport Operations zone district. Policy 13, Page III-F-7: Local governments shall control developments within the airport environs in order to minimize airport impacts upon the population and to insure that development does not interfere with the air space needs of the airport (including airport safety zoning, etc.). . The proposed air cargo facility, an airport-related operation, is consistent with the air space needs of the airport. Policy 14, Page III-F-7: Land in the airport environs and in the urban growth boundary shall be protectedfrom premature development in order to preserve it for legitimate airport-related development which cannot be located elsewhere within the urban growth boundary. The proposed air cargo facility is an airport-related development. Policy 15, Page III-F-7: The City of Eugene and Lane County shall maintain up-to-date airport safety ordinances which regulate the height of structures, electromagnetic and/or visual interference with aircraft, and other hazards to airport safety. The proposed air cargo facility will not affect this policy. Lane County has developed the Commercial Airport Safety zone district, which applies to this property. .~ "v/ Policy 16, Page III-F-7: The City of Eugene should purchase privately owned/and which: (a) is necessary for airport improvement or (b) would otherwise have no reasonable use to the owner because of controls placedon the land necessary to protect the airport and its operations for purposes of public safety. . Exhibit B, Findings - 15 . The airport has purchased this land for airport operations purposes pursuant to the Airport Master Plan and this policy. ,,, J In addition, Metro Plan Public Utilities, Services, and Facilities Element Policy 2 (page III-G-5) further clarifies the purposefulness of locating the airport outside theUGB by allowing the extension of urban services: Sewer and water service shall not be extended beyond the urban growth boundary except to: a. The Mahlon Sweet Field Airport, a public facility serving the entire metropolitan area. This Metro Plan policy allows extension of sewer and water service to not only lands that were in . airport use at the time the policy was adopted, but also to subsequent airport expansion areas, including those lands previously designated on the Metro Plan diagram as Airport Reserve and changed to Government and Education by a Metro Plan amendment, so long as those lands being served are part of the public facility airport. The proposed Metro Plan amendment would allow expansion of an airport-related use on City- purchased airport property in a manner consistent with these Metro Plan policies and in a manner contemplated by the Airport Master Plan. The airport has been provided urban services in a manner consistent with these policies. After the Metro Plan diagram amendment is approved, the air cargo facility will be considered part of the airport. . The Airport Master Plan. The Airport Master Plan currently designates this 9.1 acres (and more) as Environmental Buffer, which is described as follows: To limit the density and proximity of developments adjacent to the Airport, lands are allocated for noise buffer and Airport encroachment purposes. These areas provide aesthetic and noise shields between the airport and adjacent non-Airport land uses. (Airport Master Plan, page VI-II) - Barbara Fritsche, President of AirTech, consultant to the 1990 Airport Master Plan, offers further clarification in her February 10, 1998, letter: "The ALP [Airport Layout Plan] as approved by the FAA also identified various parcels that should be protected from development that would not be compatible with the airport's long term growth and operation. To accomplish this objective, some areas on the Airport's ALP were given an EB [Environmental Buffer] designation. The EB designation is intended to signify that any parcels so labeled should be protected from any type of development that would not be compatible or would encroach upon the Airport. Parcels with an EB designation could remain undeveloped or they could be used for development that is considered aviation compatible." \_M/ According to this definition, as clarified, the proposed Air Cargo facility could be constructed on . Exhibit, B, Findings - 16 . land designated as Environmental Buffer. Therefore, proposed air cargo facility expansion is consistent with the Airport Master Plan. The airport operators have asked that the intended use be further clarified with an automatic, concurrent refinement plan amendment to change the On Airport Land Use Plan designation from "Environmental Buffer" to "Air Cargo." The Airport Master Plan describes the Air Cargo designation as: ,) .\.............. "An area south of Airport Road is designatedfor future development of an air cargo facility. An air cargo facility has the potential to be utilized by all-cargo carriers, passenger airlines, (belly hold cargo), express flight operators, and freight forwarders). " With either an Environmental Buffer or Air Cargo refinement plan designation, there would be no inconsistency between the Metro. Plan and Airport.Master Plan if the requested Metro Plan amendment were approved. Since the amendment is consistent with adopted functional refinements to the Metro Plan and there are no text references specific to the subject property in the Metro Plan, the amendment will not make the Metro Plan internally inconsistent. . Concurrent Automatic Refinement Plan Amendment. Lane Code Section 12.245(4), Eugene Land Use Code Sections 9.136(4), and Springfield Development Code Section 7.110(4) provide the following criterion for concurrent automatic amendment of refinement plan or functional plan diagram/map: When a Metro Plan amendment is enacted that requires an amendment to a refinement plan or functional plan diagram or map for consistency, the Metro Plan diagram amendment automatically amends the refinement plan or functional plan diagram or map if no amendment to the refinement plan or functional plan text is involved. When a Metro Plan diagram amendment requires a refinement plan or functional plan diagram or map and text amendment for consistency, the Metro Plan, refinement plan and functional plan amendments shall be processed concurrently. - A concurrent automatic amendment to the Airport Master Plan ( refinement plan) On Airport Land Use Plan diagram is proposed. This amendment would change the same 9.1 acres from "Environmental Buffer" to "Air Cargo." This amendment is proposed in response to concerns raised in the previous hearing that the future use of the larger property may not have been adequately defined or restricted to justify goal exceptions. \_- ~ ~ A Metro Plan diagram amendment automatically amends the refinement plan or functional plan diagram or map if no amendment to the refinement plan or functional plan text is involved. The proposed amendments apply only to the Metro Plan diagram and, by extension, the Airport . Exhibit B, Findings - 17 . Master Plan On Airport Land Use Plan diagram. There are no text references in the Airport Master Plan (the applicable refinement plan) or any applicable functional plan (e.g., TransPlan) that would be inconsistent with the proposed diagram amendments or proposed use. The amendment does not require any text changes to the refinement plan or any functional plans. Therefore, the proposed Metro Plan amendment meets this criterion. . . <~) '-_/ . Exhibit S, Findings - 18