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HomeMy WebLinkAbout2015 04 07 AIS PC Communication PacketCOMMUNICATION MEMORANDUM Meeting Date: 4/7/2015 Meeting Type: Regular Meeting Staff Contact/Dept.: Mark Metzger/DPW Staff Phone No: 541-726-3775 Estimated Time: N/A S P R I N G F I E L D PLANNING COMMISSION Council Goals: Mandate ITEM TITLE: ESTABLISHING THEWILLAMETTE GREENWAY SETBACK LINE IN GLENWOOD ACTION REQUESTED: No action requested. The Planning Commission and Hearings Official will meet in joint session on May 5th to consider a recommended “Greenway Setback Line” for properties in the Glenwood area where the line has yet to be established. This memorandum provides a review for Commissioners who have participated in past Greenway Setback decisions and is a primer for new Commissioners. ISSUE STATEMENT: Statewide Planning Goal 15—Willamette Greenway places the responsibility for planning within the Willamette Greenway Corridor upon cities. Part of that responsibility includes the delineation of a “Greenway Setback Line” that establishes how close new development may approach the river. The Springfield Planning Commission has already approved delineations of the Greenway Setback Line for various private and public properties within its jurisdiction. On May 5th, the City of Springfield, in collaboration with several property owners in Glenwood, will propose a Greenway Setback line for all properties in Glenwood that do not have an established setback line. ATTACHMENTS: 1. Glenwood Greenway Boundary and Setback Line (Powerpoint presentation in a .pdf file format) DISCUSSION: On September 8, 2014 the Springfield City Council directed staff to work with property owners to establish a Greenway Setback line for the entire Glenwood Riverfront in advance of development. The City has hired Schirmer/Satre Group to assist with the field work and analysis required to recommend a Greenway Setback line for those properties which do not have established setbacks. The Schirmer/Satre Group is has experience with Greenway setback determinations. Most recently, Schirmer/Satre prepared a successful wetland setback application for the Wildish Land Company for the properties they own in Glenwood. Much of the Glenwood riverfront has approved Greenway setbacks. Staff has been directed to complete Greenway setback determinations for the remaining properties. The majority of these properties are located west of the Springfield bridges in Glenwood. The area beneath the bridges was annexed in 2005. It is this area where the Commission will approve the location for the setback line. The remaining areas that are outside of the city limits will be decided by the Springfield Hearings Official Attachment 1 is an overview of the Statewide Planning Goal 15 program, with references to Glenwood specifically. It is intended to provide a basic understanding of the Greenway Program and to help distinguish some basic terms including: Greenway Boundary; Greenway Setback Line; and Water Quality/Natural Resource Setback. Staff will come before the Commission to discuss the Glenwood Greenway Setback Line issue in work session on April 21st. A joint hearing with the Springfield Hearings Official will be conducted on May 5th. Statewide Planning Goal 15— Willamette River Greenway Overview of Local Planning Responsibilities Attachment 1-1 •The City of Springfield proposes to establish the “Willamette River Greenway Setback Line” on all properties in the Glenwood area where the setback has not already been established. The matter will be considered by the Planning Commission in a joint public hearing with the Springfield Hearings Official on May 5th. •The purpose of this presentation is to review Springfield’s responsibilities with respect to Statewide Planning Goal 15-Willamette River Greenway. This material will be a review for some Commissioners, but will be a useful primer for new Commission members. •The properties to be considered on May 5th are located primarily outside of the city limits. One lot, located beneath the Springfield bridges near the entrance to Springfield’s downtown, is within the city limits and is within the Commission’s jurisdiction. The Greenway Setback for properties outside of the city limits will be determined by the Hearings Official. Attachment 1-2 Properties without Established Greenway Setbacks Planning Commission Hearings Official Attachment 1-3 As you view this presentation, the following terms will be important: –Willamette River Greenway Boundary –Willamette River Greenway Setback –75-foot Water Quality/Natural Resources Development Setback These terms are easily confused but are important to distinguish as the Commission prepares for the hearing on May 5th. The Planning Commission will approve the location for the Greenway Setback at that meeting. Attachment 1-4 Establishment of the Greenway Program •The Willamette River Greenway Program, established by the 1967 Oregon Legislature, is a cooperative state and local government effort to maintain and enhance the scenic, recreational, historic, natural and agricultural qualities of the Willamette River and its adjacent lands. •In 1973 the Legislature passed the Willamette River Greenway Act, which established ties to the comprehensive state land use law (Oregon Senate Bill 100) that passed that same year. •In 1975, the Oregon Department of Land Conservation and Development included the Willamette River Greenway as one of nineteen standards for statewide planning, requiring that public access, native vegetation, and scenic views be considered when planning new developments. Attachment 1-5 Local Implementation of Goal 15—Willamette River Greenway •Statewide Planning Goal 15 requires local governments to establish a Greenway Boundary within their jurisdiction. Generally, the Greenway Boundary is set 150-feet from the river, and expands to include public lands. •Local governments are also charged with determining allowed uses within the Greenway Boundary and to identify potential acquisition areas for public use and conservation. •Local jurisdictions retain the primary responsibility for implementation of the Willamette River Greenway Goal. Attachment 1-6 •The Metro Plan, Springfield’s comprehensive plan, contains a section called, the Willamette River Greenway, River Corridors, and Waterways Element. This section includes policies for implementation of Goal 15. •The Greenway Boundary within the Eugene-Springfield area was approved by the state in September 1982. The Metro Plan also established planned land uses along the river within the Boundary. •Within Glenwood, the Greenway Boundary is set about 150-feet inland from the ordinary low water mark of the river. Across the river from Glenwood, the Greenway Boundary expands to include Alton Baker Park, Island Park and further up stream, Dorris Ranch, Mt Pisgah, and Clearwater Park. Attachment 1-7 Willamette River Greenway Boundary within Springfield’s Planning Jurisdiction Dorris Ranch Clearwater Park Mt. Pisgah and Bufford Park Island Park Glenwood Attachment 1-8 The Metro Plan allows for a variety of uses within the Greenway Boundary “Land along the Greenway in private ownership is in a variety of uses, some of which appear to provide greater opportunity than others for public access and enjoyment. Residential uses along the Greenway can provide the residents with access to the river area. Certain commercial uses, such as restaurants, can allow customers visual enjoyment of the Greenway.” Other uses, such as the many industrial uses, would appear to provide little if any opportunity for access or enjoyment of the Greenway. This is evidenced by much of the existing industrial development along the Willamette River in the Glenwood area.” Metro Plan Willamette Greenway Element, pg. III D-1 Attachment 1-9 Springfield’s Greenway Policies in the Springfield Development Code (SDC) •SDC 3.3-300—establishes the Willamette Greenway (WG) Overlay District to protect and preserve natural scenic, historic and recreational qualities of lands along the Willamette River. This overlay district applies within the Willamette Greenway area [as defined by the Greenway Boundary]. •Uses allowed in the WG Overlay District are the same as those in the underlying zoning districts. SDC 3.3-320. Zoning along the river in Glenwood is a mix of residential, commercial and employment uses as layed out in the Glenwood Riverfront Plan. •SDC 3.3-325 sets standards for establishing the Greenway Setback Line. The Greenway Setback Line determines how close urban development can approach the river. The location of the setback is based on a variety of criteria. Attachment 1-10 •A Greenway Setback Line is 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 are permitted between the Willamette River and the Greenway Setback Line. Prior land use decisions have recognized riverfront multi-use paths as water related- water dependent uses. •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 shall be accompanied by an application for establishment of the Greenway Setback Line. Greenway Setback Line SDC 3.3-325 Attachment 1-11 SDC 3.3-325 Standards for Establishing the Greenway Setback The Development Code states that the location of the Greenway Setback Line shall be determined consistent with the following standards derived from Statewide Planning Goal 15: A. 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. B. Adequate public access to the river shall be provided. C.Significant fish and wildlife habitats shall be protected. D.Identified scenic qualities and view-points shall be preserved. Attachment 1-12 E.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. F.The natural vegetative fringe along the river shall be enhanced and protected to the maximum extent practicable. G.The location of known aggregate deposits shall be considered. H. 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. Attachment 1-13 Balancing the standards used establish the Greenway Setback •Terms that require flexibility: –“maximum extent practicable” While not defined in Goal 15, staff understands the term to require a balancing of factors so that each of the identified Willamette Greenway criteria is met to the greatest extent possible without precluding the planned use. –“land committed to urban uses” Goal 15 defines this to mean “those lands upon which the economic, developmental and locational factors have, when considered together, made the use of the property for other than urban purposes inappropriate.” Attachment 1-14 Other Ordinances Protecting the Willamette River Corridor • There are other setbacks and protections on the Willamette that will overlap and may supercede the Greenway Setback Line. •SDC 4.3-115—Water Quality Protection Along all watercourses shown on the Water Quality Limited Watercourse (WQLW) Map with average annual stream flow greater than 1,000 cubic feet per second (CFS), the riparian area boundary shall be 75 feet landward from the top of the bank. •SDC 4.3-117—Natural Resource Protection Areas The Willamette River (WA/WB) is a water quality limited watercourse and is protected by a 75-foot development setback. Attachment 1-15 To Recap-- •The Greenway Boundary defines a 150-wide corridor along the river which also takes in public lands. The Boundary delineates the “side-boards” within which special Greenway standards are applied. •The Greenway Setback Line is a development setback from the river. The line is not a fixed distance. The line is established through a balancing of economic, social and environmental objectives. Only water-related, water dependent uses are allowed between the setback line and the river. •The Water Quality/ Natural Resource Setbacks are existing 75-foot setbacks along the Willamette that define how close development can come the river. These setbacks are not related to the Willamette Greenway Boundary or Greenway Setback Line and in fact, overlap them. Attachment 1-16 Excerpt of the Existing Greenway Boundary and Greenway Setback Line in Glenwood Dorris Ranch Historic Park Glenwood Attachment 1-17