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HomeMy WebLinkAboutOrdinance 6088 06/21/2004 . ORDINANCE NO. 6088 AN ORDINANCE AMENDING THE EUGENE-SPRINGFIELD METROPOLITAN AREA PUBLIC FACILITIES AND SERVICES PLAN (PFSP), TABLE 8 AND MAP 4; PLANNED ELECTRICAL FACILITIES TO SHOW A NEW 115 KV TRANSMISSION LINE FROM THE MARCOLA SUBSTATION SITE TO THE LAURA STREET SUBSTATION, AND ADOPTING A SEVERABILITY CLAUSE. WHEREAS, Chapter IV of the Eugene-Springfield Metropolitan Area General Plan (Metro Plan) sets forth procedures for amendment of the Metro Plan, which for Springfield are implemented by the provisions of Article 7 of the Springfield Development Code; and WHEREAS, the Metro Plan identifies the Eugene-Springfield Metropolitan Area Public Facilities and Services Plan (PFSP) as a special purpose functional plan which forms the basis for the Public Facilities Element of the Metro Plan and guides certain infrastructure improvements in the metropolitan area; and WHEREAS, on June 1, 1987, the City Council adopted the Public Facilities Plan by Ordinance No. 5386; and . WHEREAS, on November 5,2001, the City Council enacted Ordinance No. 5992, adopting a revised Public Facilities and Services Plan and concurrent amendments to the Public Facilities Element of the Metro Plan; and WHEREAS, following a May 4, 2004 public hearing, the Springfield Planning Commission recommended in favor of the amendments to Map 4 and Table 8 of the Public Facilities and Services Plan to include a new 115 kV transmission line from the Marcola substation site to the Laura Street substation; and WHEREAS, the City Council conducted a public hearing on these amendments on June 7, 2004, and is now ready to take action based upon the above recommendation and evidence and testimony already in the record as well as the evidence and testimony presented at the Council's public hearing; and WHEREAS, evidence exists within the record indicating that the proposal meets the requirements of applicable state and local law as described in the findings adopted in support of this Ordinance. .' NOW, THEREFORE, the Common Council of the City of Springfield does ordain as follows: . Section I: The Public Facilities and Services Plan, included in the Metro Plan by Ordinance No. 5386, enacted June I, 1987 and amended by Ordinance No. 5992, enacted November 5,2001, is hereby further revised and adopted as set forth in Exhibit "A" attached and incorporated herein by this reference. . . . Section 2: The addition to Table 8 and the revision to Map 4 to include the new 115kV transmission line included in Exhibit "A" are hereby adopted by reference and made a part of the Metro Plan, as required by Metro Plan Policy G-2, page III-G-4, dated February 2002. Project timing and estimated costs are not adopted as policy. FURTHER, although not part ofthis Ordinance, the City Council adopts the legislative findings set forth in the attached Exhibit "B" in support of these actions. If any section, subsection, sentence, clause, phrase or portion of this Ordinance is for any reason held invalid or unconstitutional by a court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portions thereof. Adopted by the Common Council of the City of Springfield this 21st day of June , 2004 by a vote of ~ in favor and ~ against. Approved by the Mayor of the City of Springfield this 21~t day June 2004. ATTEST: ~;J~ Amy Sowa, C1ty Recorder EXHIBIT A: . Planned Electrical System~mprovements ' Planned electrical system improvement projects" are listed in tables 7"and 8. The genenu location of these facilities is shown in Map 4: Planned Electrical Facilities. No time frame was. identified for these prqjects. ' Table 7 EWEB Planned Electrical System Improvement Projects .;h;.., "~>:. .~8E~9j~~~'.~i Pl'ojedt.Naine/Des~riptlon:\, ~~},t;::'&:.'."""'~.~~~'il~~~~~J; , .~tN- ti~m': 'ber".s }*,:;:;'.t.~J~t~i~;?P':;'s;::~~';~ ;:~:-i:~~~l~~~\ '~;t~J:$fi~q;:'. ... ",.~,":...)!.-w... ..'!l"IO;c.; ..t'. ... .""",.-,:1"-' .'_".".~J."'l~S..'..~' ~~~~~. 1 " 69KV Transmission Line - existina corridor . 2 1 15KV Transmission Line - two alternate routes 3 River Loo Substation 4 . ort Substation 5 " Bar er Substation 6 HiIlaire Substation 7 Crow. Substation 8 Cobura Substation 9 Bloombem Substation 10 Goshen Substation 11 Irvinlrton Substation . .' , . .. . .' , . T~ble8' ~ . SUB Planned Electrical System ImproveIIie~t Proje~ , fti;r.foj~~t:(;: h~ioj'e~t'N ~niefo'escrii:iti8:ri.~~~ ,~;' ffN;riib~it.~~*,.~~1rb~'!i,~~>;';~~~G~~~)F.~,:-~L,. 12 Glenwood Substation' . 13 Marcela Road Substation 14 East S tin eld to Thurston Transmission Line 15 Thurston to Marcola Road Transmission Line 16A Jas er Road to 101 Street Extension: alternative A 16B Ja er Road to 10 Street Extension alternative B ' 18 28th Street to Laura Street Transmission Line " Solid Waste ~ ," .' The Lane County Solid Waste Management Plan serves ~ the guide for solid waste sites . and facilities in the Eugene-Springfield Metropolitan Area. This management plan contains provisions for solid waste disposal sites, including sites for inert waste (see recommended }d:etro Plan Policy #0. 24 ~ Chapter IT). " ' . , :' Eugene-Springfield Metropolitan Area Public Facilities and Services Plan Replacement Page 32 ' . . . ~~~~~ Proposed.Amendmentto: Map 4 Eugene-Springfield Publ~c Facilities and Services Plait . Planned Electrical Facilities I"roJ6&U "... d6~iUl In r"Io"'" 7 "rid a. "I &~ Key. . I- ExI6ttrie El<<:trlc:lIl 5U\!6tatlon D rropo6M E\6ctriG.e1 5ub6t;,.tlon ..... rropoe~d Electl1GeJ Tra~mJeeJon Llnee 1M E>datlne EI~e,,1 GellOnl~n f"elU~ E EUecll14l WlIter /I. EIcctrio 50llrd (EWE5) 6 5prtneftclld Utdl~ 50ard (5U5) CJ \IlU CltyUmlt6 UrI>lIn GI'DI'4b ~UlUllllY (UG5) Metro Man 50ulUlilIY UrI>lIn R<se4Ml . , NDc.. Urt>lUI ~."..... are _I>olntl.~ .. ;~"t,u.. ~ lhto..nlCo_.......~ n.rlAd/t; ICoIoIcw s~ 618. Rel>ulld lIldetlne _rhoa" /In. with tnineml...lon on top and lIld"tlne (20.& kv) dl.trlbutlon on bottom. , ' ~ . ~ ,. .. Noc.., L F..at.... ................ u..ooP""""'" ............._ v.dthou' ftr.., Ot,.&;Iilfnlne tAnG CounP.f ~ uu Ml:f'P"W.l Fe"ruary 2004 2. n... .......1100........ or r..w.......... "'- ...1I016....p. EuG~ I'"'Ju~ ........... ..... ....."."..... thnluela ...... ,..QrU6:..... o 50al. 2' ' 3...U.. MIIP I"roduD4J ~.LF !!.! EXHI81T 8 . , . 11ETRO PLAN AM:MEND11ENT APPLICATION, TYPE IV ANALYSIS AND FINDINGS.'OF C011PLIANCE WITH, ME)'RO PLAN AND STATEWIDE GOALS AND Af)11IN1STRATNES RULES ' Date: April 19 , '2004 " .' ' Planning Journal LRP2004-00003: Metro Plan Amendment Application, Type IV, Amendment to the Eugene - Springfield fub,lic Facilities and Services Plan " i~. . .jt!, Applicant: ' City of Springfield on behalf of the Springfield Utility Board (SUB) Development Services Department Springfield Utility Board 225 Fifth Street 1001 Main Str~et Springfield, OR 97477 Springfield, OR 97477 .' Nature of the Application: . The applicant proposes to amend the Eugene SpriIigfield Metropolitan Area Public , Facilities and Services Plan (PFSP) to add Project 18 to Table 8 and Map 4 to allow SUB to construct a 115'kV transmission line from theLaura Street Substation located at Laura 'and Shelly Street in Springfield to the Marcola Substation site, which is located .at 28th and Olympic Streets The existing route is situated solely within the city limits of Springfield. The transmission line will, follow the route of an existing 20.8 kV, . distribution line, which is located within the western public ,utility easement (PUE) along Pioneer Parkway West; crossing over to the northern PUE on Q Street; crossin~ over to the southern PUE on Marcola Road; turning south into the western PUE on 28 Street and then continuing to the Marcola Substation site located on the northeast comer of 28th and Olympic Streets. The transmission line will consist of single pole structure~ with the transmission conductors on top of the pole and distribution conductors just above the " middle of the pole. This line will be used to provide an adequate alternate soUrce of power to the Marcota, Gateway and LauraStreet Substations. The existing backup capacity to the Laura Street substation is not capable of supplying the required power with an outage to the Laura ....: Tenth Street 115 kV line during winter conditions. The transmission ~ine will provide ' additional reliability to the Gateway Substation, which serves the new Sacred HearteHospital. This transmission line is'part of the transmission system upgrade to provide adequate reliability during certain transmission outages to the substations listed aboye and to the other substations in the Springfield Utility Board transmission sys~em. . .. . Springfield Metropolitan Area M~p . . . .' .. ~ , : .Rebuild existing , .' ~ Overhead lines ' H"}" "~ . The project needs to be added to the Public,Faci1ities and SeM~es Plan in order for SUB to obtain City approval to construct the,line consistent with Metro Plan Policy G.2, . Cliapter ill, Section G: "Use the Planned Facilities Maps of the Public Facilities and' Semces Plan to guide the general location of water, wastewater,storm wat~, ap.d electrical projects in the ~etropolitan area. Use local facility master plans, refuiement. '. pl~, and ordinarices as the guide for detailed planning and proje~ implementatio~" ':B~ckgro~d: ' , : The updated Eugene-Springfield Public Facilities and Services Plan (PFSP) was a~opted by Eugene, Springfiel4, and Lan~ Comty in December 2001 and su~sequently , ~cknowledged by the Department of Land Conservation and Development to be in compliance with Statewide Planning Goals. The PFSP process was a collaborative effort , among the 16 agencies providing servic.."S and facilities in the metropolitan area" including school districts, whose staff served' on a T ecbnical Advisory Committee along with the other service providers. As with all service providers, SUB provided the best information available to them. at the time the PFSP was prepared about the types and . location of electrical facilities and the need for those facilities. ' , . Since the.PFSP was adopted, several conditions and events have led SUB to conclude that an additional t:raIlSIIlission line is needed in the proposed location shown on th.e .' .' . attached map. When the Marcola substation was placed in the PFSP, SUB had identified .- only one of the two sources of power required to serve the substation. Each Substation is, designed to have two sources of power in case, one source of power is taken out of service due to maintenance or an emergency situation. Then power can be restored to the substation in a reasonable amount of time. ' ': SUB has identified transmission reliability problems in west and northwest Springfield, but did not come to any. good options until the imminent need for constroction of the . Marcola Substation. This is the reason why the Laura-Marcola 115' kV line was left off ' the PFSP when it was adopted in 2001. This transmission line will be used for the second' source to the Marcola Substation and it will reinforce SUB's transmission system which. . serves six tittler substations. Additionally, SUB is upgrading the traIismission system such that if a transmission line between two substations is taken out of service due to an. emergency, no substation will be taken out of service. The transmission grid will be self restoring. This ability to restore power ~o the substations with a, blink in power 'is not : ' available now and would not be available without the Laura-Marcola transmission line. The upgrading of the transmission syst~ will be complete in 2007. . In SUlllUlary, the application proposes the following changes to the Public Fa~ities and Service Plan: . Amend Metropolitan Area Public Facilities and Services Plan Table 8, page 32 and Map 4 to add Project 18. The proposed amendmentS are considered to be site' specific Type IT amendmentS:within the city limits of Springfield. A referral was sent to the City of Eugene and Lane Co~ty because this is an amendment to a jointly adopted functional plan. The amendment is . scheduled for the May 4; 2004, regular meeting of the Springfi~ld Planning Commission. The item will be decided solely by the Springfield PlanniIig Commission and City Council because the other two jmisdictions have determined that they will not participate. uSpringfield Code Section'7.070(3) (a & b) requires that the am~dment be consistent , with relevant Statewide Planning Goals and that the amendment will not make the Metro Plan internally inconsistent. These.criteria are addressed as follow: .. . ;'.-... . ~;";; The two cities and the county have acknowledged land use codes that are intend~d , to serve as the principal implementing ordinances for the Metro Plan. SDC 7' METRO PLAN AMENDlVIENTS and SDC 14 PUBLICHEAR.rNGS . . prescn'be the manner in which a Type II Metro Plan amendment mUst be noticed. Citizen involvement for a Type IT Metro Plan Amendment not related to an urban growth boundary amendment requires: 1) Notice to interested parties; 2) Notice shall be published ~ a newspaper of general circulation; 3) Notice shall be provided to the Department of Land Conservation and Development (DLCD) at. least ~5 days before the initial eyidentiary hearing (planning commi~sion). . " Fi~4ing #1: Notice ofthejoint planning commission hearing was pubUshed in the Springfield News and in the Register-Guard on April 14, 2004. ,Notice to" adjacent property owners was mailed on April 12,2004. Notice oftheftrst evidentiary hearing was provided to DLCD on .March 4,.2004. The notice to DLCD icfentified Springfield U,tility Board as an affected agency. . .' .. In addition, SUB held a p'ublic Open House on the proposed amendments on ' April 15. Notice of the opel) housiwas mailed to all properly owners and residents within 300ftet of the proposed line.. Over 1,800 notices were mailed. The event was also published in the Springfield News. SUB staff received several inquiries ~bout 'the line prior to andfo/lowing the event, bu.t no one to date has raised an objection. Requi~ements undu Goall are therefore me.t by adherence to the citizen involvement processes required by the Metro Plan and implementefi by the " Springfield Development Code, Articles 7 an114. '. . . The m~st recent version of th~ Metro Plan is being considered final adopti<>n by , Springfield, by Eugene, and by Lane County after nUIllerous public meetings, public workshops and joint hearings of the Springfield, Eugene and Lane County' Planning Commissions andElect~d <?fficials. The Metro Plan is the "land use" or comprehensive plan required by this goal; the . Springfiel~ Development Code, the Eugene Code and the Lane Code are the "implementation measures" required by this goal. Comprehensive plans, as defined by ORS 197.015(5)3, must be coordina~ed with affected governmental 'urlits.4 Coordination means that comments from affected governmental units are solicited, and considered. In this regard, a referral of this proposal was sent to : Eug~e and L~e County. . ' Finding #2:Tftis proposal is 'consistent with Goal 2 because this is a site-specific , ,amendment to the Public Facilities and Services Plan, ~hich is ti refinement plan of the Metro Plan that will be adopted by the Springfield City Council following public hearings before the Springfield Planning Commission on May 4, 2004, and Springfield City Council onJune 7, 2004. .. , ' ' Finding #3: Theproposed transmission line rebuilds an existing overhead line , . with' transmission on top and existing distribution on the bottom. There is no new development proposed. Therefore, no open spaces, scenic or historic areas qr natural resources will be affected by this proposal. ,The proposal is consistent with Goal 5 because it does not meet the definition of Goal 5 for "structure" and no new development is proposed. . ~ Incorporated by reference into Goa12. '. 4 See DLCD v. Douglas County, 33 Or LUBA 216, 221 (1997). . The proposed tra.nsn:llssion line rebuilds an existing overhead line with ' transmission on top and existirig distribution on the bottom. No new developm~t is proposed; therefore, the proposal will not affect.air, water, orland resources . ~~. ' -' . Finding #4: The proposal is consistent with Goal 6 because no new development is proposed. ' .', The proposed amendments are consistent with this objective in that the PFSP must be amended in order for-this trai1smission line to be constructed. The line is needed to provide an adequate alternate source of power to the Marcola, Gateway .' and Laura Street Substations. The existing backup capacity to th~ Laura Street substation is not capable of supplying the required power with an.outage to the Laura - Tenth Street 115 k V line during winter conditions. The transmission line will provide additional reliability to the Gateway Substation, which serves the new Sacred Heart Hospital as well as other commercial and industrial development in that area. , Finding #5: ,Thi; proposal is consistent with Goal 9 because the proposed transmission line'is needed to .serve as well as provide emergency backup capacity tocommer.cial and industrial sites in Springfield. . . OAR 660-008-0010 requires that sufficient buildable land shall be designated on the comprehensive plan map' to satisfy housing needs by type and density range as determined in the housing needs projection. Goal10 defines buildable lands as ". . .lands in urban and urbanizable areas that are suitable, available and necessary for residential use." 660-008-0005(13), in part, defines land that is "suitable and ' . , . .' . ' ~vailable"as land "for which :public facilities are planned or to which public .facilities can be made available." Similar to Goal 9, adequate public facilities are necessary to accomplish the objectiyes of this goal and applicable administrative rules (OAR Chapter 660, . . , Division 008). The purpose of the proposed amendments is to provide the, compr~hensive planning framework ,to allow for the improvements to the SUB electrical system that support the housing needs of the Eugene-Springfield metropolitan area. . ' ." Finding #6: This proposal is consistent with Goal 1 0 beca'use it will provide the '. jrain,ework necessary for the construction of an electrical transmission line to serve existing and future residential d~elopment in Springfield that is a~d will be consistent with Goal 1 0 housing requirements. -. . ' OAR 660-011-0005(6) defuies a "Public Facility Project" as follows: "A public .facility project is the construction or reconstruction of a water, sewer, or' . transportation facility within a public facility system that ~s funded or utilized by . members of the general public." , Finding #7: This applicationproposes to add a new electrical project to the. PFSP and electrlcalfacilities are not among the publicfacUity projects defined in Goal] J.However, the proposed amendments to the Eugene-Springfield Pup/ic Facilities and Services Plan are a continuing orderly (;lnd efficient arrci~gement of that plan. Finding #8: The proposal is consistent with Goal 13 because the proposed transmission line is part of a looped electrical transmission system designed to maximize the efficiency of the overall electrical system in Springfield. . . .... . ;~\, ,,1: . . Finding #9: The proposed changes ~~e to the Public F aci~ities arid Servi~es Plan . and are corzsistent with the Metro Plan. The proposed changes to the PFSP do not create any inconsistencies within the PFSP nor do they create any inconsistenci~ between the PFSP and the Metro Plan. . . Conclusion and Recommen~ation of Staff: 'Springfield Code Section 7.070(3) (a' & b) requires that the requested amendmep.ts be ,. consistent with relevant Statewide Planning Goals and that the amendments will not , .'. make the Metro Plan internally inconsistent. Based on the preceding analysis and findings, staff finds the request to be consistent with the criteria of. SDe 7 and staff recOmmends approval of the amendmen~ as stated. c LCOG: L:\CITY COUNTY pLANNlNGlMETROISUBISUBSTAFF REPORT.DOC , Last Saved: April 21. 2004