HomeMy WebLinkAbout2015 05 05 AIS RS Hearings OfficialAGENDA ITEM SUMMARY Meeting Date: 4/21/2015
Meeting Type: Regular Meeting
Staff Contact/Dept.: Mark Metzger/DPW Staff Phone No: 541-726-3775
Estimated Time: 60 Minutes
S P R I N G F I E L D HEARINGS OFFICIAL Council Goals: Mandate
ITEM TITLE: ESTABLISHING THE WILLAMETTE RIVER GREENWAY SETBACK LINE IN GLENWOOD
ACTION REQUESTED:
Conduct a joint public hearing with the Springfield Planning Commission to consider a proposal to adopt a “Greenway Setback Line” for properties in Glenwood where this line
has yet to be established. The Hearings Official is requested to approve, approve with conditions or amendments, or deny the proposed location for the setback as it applies to
properties outside the Springfield City Limits in Glenwood.
ISSUE STATEMENT:
Statewide Planning Goal 15—Willamette Greenway, requires local governments to
incorporate Greenway objectives into comprehensive plans and implementing ordinances.
Part of this responsibility includes the delineation of a “Greenway Setback Line” that establishes an uninterrupted line paralleling the river within which only water-related or water-dependent uses are allowed. The Planning Commission and Hearings Official have
both approved delineations of the Greenway Setback Line for various private and public properties with Willamette River frontage. The City of Springfield, in collaboration with several property owners in Glenwood, are proposing a Greenway Setback line for all remaining properties in Glenwood that do not have an established setback line.
ATTACHMENTS: 1. Staff Report and Recommendation
2. Application and Supporting Exhibits A-G. 3. 2004 Salix Report on the Establishment of the Willamette River Greenway Setback Line
in Glenwood.
DISCUSSION: On September 8, 2014 the Springfield City Council directed staff to work with property
owners to complete the Greenway Setback line for the entire Glenwood Riverfront in advance of development. The City hired Schirmer-Satre Group to conduct the field work and analysis required to recommend a Greenway Setback line for those remaining properties that do not have established setbacks. Schirmer-Satre was also commissioned to prepare an
application on behalf of the City to establish the setback line for these properties.
The City proposes to draw the Willamette River Greenway Setaback Line at the upland extent of the riparian vegetation (Riparian Edge), or ten feet from top-of-bank, whichever is greater. Where the existing riparian vegetation is present, the proposed setback (from top-of-bank) averages 20 to 30 feet. In one small area, however, the setback is approximately
190 feet due to the presence of a small wetland (Tax Lot 18-03-02-20 TL2900). Elsewhere, where the riparian vegetation is scarce or absent, the setback line ranges between 10 and 20
feet from top-of-bank. Exhibit G to the application contains a series of aerial photographs
showing the proposed setback line.
Attachment 1 is the Staff Report and Recommendation which compares the proposed Greenway setback to the applicable criteria for establishing the setback found in SDC 3.3-325. Attachment 2 is the application prepared by Schirmer-Satre Group on behalf of the
City which is the applicant. Attachment 3 is the 2004 Salix Report on Establishment of the Willamette River Greenway Setback Line in Glenwood. The Salix Report provides a second opinion on the proposed location of the Willamette River Greenway Setback Line in
Glenwood. It is the conclusion of staff that the proposed Glenwood Willamette River Greenway
Setback Line is consistent with the criteria for establishment found in SDC 3.3-325. Staff recommends approval of the proposed line as submitted.
Glenwood Greenway Setback TYP315-00002
April 29, 2015 Page 1
Type III Willamette Greenway Setback Determination,
Without Development
Staff Report and Recommendation
Project Name: Glenwood Willamette River Greenway Setback
Proposed Action: To establish the Willamette River Greenway Setback in Glenwood for properties
without a delineated setback. The City proposes to draw the Willamette River Greenway Setaback Line
at the upland extent of the riparian vegetation (Riparian Edge), or ten feet from top-of-bank, whichever
is greater. Exhibit G of Attachment 2, the City’s application, shows the recommended setback line for
the subject properties. Exhibit G is composed of 6 survey maps overlaying an aerial photograph showing
the proposed line with respect to existing development and the river. The proposed setback follows the
upland extent of the natural riparian vegetation.
File No.: TYP315-00002
Applicant: City of Springfield
Applicant’s Representative: Richard Satre, Schirmer -Satre Group
Date of Application: April 9, 2015
Date of Hearing: May 5, 2015
Subject Properties: The affected properties include nineteen (19), mostly developed parcels. Sixteen
parcels totalling 51.28 acres are developed. Three parcels totalling 5.56 acres are vacant. In addition,
there are two lots comprised of right-of-way beneath the ODOT Springfield Bridges and the Union Pacific
Railroad Bridge. These two total 6.50 acres. With the exception of the ODOT Bridge right-of-way, the
properties are located outside of the Springfield City Limits.
Table 1 shows those properties that are annexed and not annexed. The Springfield Planning
Commission has the authority to approve the Greenway Setback Line for properties that have been
annexed. The Springfield Hearings Official has the authority to approve the setback for properties that
have not been annexed.
Table 1. Subject Properties
Map Lot Number Acres Glenwood Refinement
Plan/Zoning
Vacant/
Developed
Annexed?
170334310 TL1000 5.28 OFFICE MU DEVELOPED NO
170334310 TL1100 2.87 OFFICE MU DEVELOPED NO
170334320 TL0101 1.82 OFFICE MU DEVELOPED NO
170334320 TL0400 2.47 OFFICE MU DEVELOPED NO
170334410 TL0700 2.71 COMMERCIAL MU VACANT NO
170334410 TL0800 1.51 COMMERCIAL MU DEVELOPED NO
170334420 TL0100 1.49 RESIDENTIAL MU VACANT NO
170334420 TL1500 1.36 RESIDENTIAL MU VACANT NO
170334420 TL1600 3.64 RESIDENTIAL MU DEVELOPED NO
Attachment 1, Page 1 of 27
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April 29, 2015 Page 2
Map Lot Number Acres Glenwood Refinement
Plan/Zoning
Vacant/
Developed
Annexed?
170334420 TL2400 2.79 RESIDENTIAL MU DEVELOPED NO
170334420 TL2500 3.55 RESIDENTIAL MU DEVELOPED NO
170334420 TL2600 2.84 RESIDENTIAL MU DEVELOPED NO
170334420 TL2700 1.60 RESIDENTIAL MU DEVELOPED NO
170334420 TL2802 5.34 OFFICE MU/ RES MU DEVELOPED NO
170334440 TL0100 5.98 EMPLOYMENT MU DEVELOPED NO
170334440 TL0102 1.89 EMPLOYMENT MU DEVELOPED NO
170334440 TL0200 1.57 EMPLOYMENT MU DEVELOPED NO
180302200 TL2900 7.04 EMPLOYMENT MU DEVELOPED NO
170334320 TL0100 1.09 OFFICE MU DEVELOPED NO
UNION PACIFIC RAILROAD BRIDGE ROW 1.76 VACANT NO
ODOT SPRINGFIELD BRIDGES ROW 4.74 VACANT YES
Figure 1. Proposed Glenwood Willamette Greenway Setback Line Subject Properties
Willamette River
Union Pacific
Railroad
Bridge
ODOT
Springfield
Bridges
Annexed Unincorporated Subject Properties
Attachment 1, Page 2 of 27
Glenwood Greenway Setback TYP315-00002
April 29, 2015 Page 3
I. Executive Summary
The City proposes to delineate the Willamette River Greenway Setback Line in Glenwood for properties
which have yet to establish one. This application is intended to establish the setback within the
boundaries of the subject properties prior to new development. No development is proposed with this
application. The applicable standards which apply to the alignment of the Greenway Setback Line for
the subject properties focus on allowing appropriate recreational access, minimalization of vandalism
and tresspass, protection and enhancement of the riparian fringe and protection of significant fish and
wildlife habitat.
The subject sites are mostly developed. What riparian fringe that exists along the river is very narrow.
Where the existing riparian vegetation is present, the proposed setback (from top of bank) averages 20
to 30 feet. In one small area, however, the setback is approximately 190 feet due to the presence of a
small wetland (Tax Lot 18-03-02-20 TL2900). Elsewhere, where the riparian vegetation is scarce or
absent, the setback line ranges between 10 and 20 feet from top-of-bank. The proposal includes a
minimum width for the Greenway Setback Line of ten feet. This will provide an opportunity to enhance
the natural vegetative fringe along the river in those areas where vegetation is currently lacking or
nonexistent. This minimum setback distance is consistent with previous Greenway Setback
determinations.
The City employed Schirmer-Satre Group to develop a recommended setback delineation. Brian
Meiering, Environmental Specialist for Schirmer-Satre, is a professional wildlife biologist with 17 years
experience. Brian completed the Greenway Setback analysis and report for the Wildish application that
was approved by the Springfield Planning Commission and Hearings Official in April, 2014.
Meiering walked each site where property owner permission could be obtained, to evaluate the
resource values for each site and to recommend a setback location. City survey staff worked together
with Schirmer Satre staff to establish monuments delineating the location of the recommended setback.
Schirmer Satre staff found that the subject properties generally have minimal habitat value, particularly
for supporting listed species known to be found within a two mile radius. Meiering paid specific
attention to the potential presence of the Western Pond Turtle and habitat, concluding that the subject
properties are not optimal turtle habitat.
City Survey staff mapped the recommeded setback line. Crews set survey monuments on those
properties whose owners granted access. On those few properties where access could not be obtained,
Meiering used aerial photography as a basis for the recommended line. Survey staff used Meiering’s
work as a basis for showing the line on the maps showing the proposed setaback (Attachment 2, Exhibit
G).
The proposed Greenway Setback line provides minimal protection to the existing narrow band of
vegetation along the river. The line acknowledges the existing development, and the future vision for
the Glenwood Riverfront as reflected in the adopted Glenwood Refinement Plan. That said, the
established development setback of 75-feet for riparian protection and enhancement that will not be
altered or negated by the proposed greenway setback line.
In 2004, the City contracted with Salix Associates, an environmental consultancy, to conduct an analysis
of the Glenwood riverfront using the standards found in SDC Section 3.3-325 for establishing the
Attachment 1, Page 3 of 27
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Greenway Setback Line (Attachment 3). The Salix report produced a descriptive inventory of the flora
and fauna along the riverfront and included a series of aerial photos with a recommended Greenway
Boundary drawn in. The City’s proposed Willamette Greenway Setback Line is consistent with the
setback recommended by Salix Associates.
The proposed sestback is found by staff to be consistent with the standards for establishing the setback
found in SDC 3.3-325, with the exception of a small line segment located at the Riverside Mobile Home
Park (Tax Lot 18-03-02-20 TL2900). Staff recommends amending the setback line at that location to
remove a suspected wetland and follow the riparian fringe along the river. The site, if it is confirmed to
be a wetland, will come under the protection of SDS 4.3-117, Springfield’s wetland protection standards
(See Finding #38 and Figures 8 and 9).
II. Site Context:
The subject property is comprised of one area of public right-of-way (that area associated with the two
Springfield Bridges as they cross the Willamette River from Glenwood to Downtown Springfield), one
property owned by Union Pacific Rail Road (UPRR) where it’s rail line crosses the Willamette River
between Glenwood and Springfield, and nineteen (19) tax lots with fifteen (15) different owners. In one
instance, the same owner owned three of the subject tax lots, in three instances, the same owner
owned two of the subject tax lots, while in two instances the same tax lot had two different owners.
An inventory of the subject property, including map and lot number, tax lot size, plan designation and
zoning, ownership and whether permission to access the property is documented in Attachment 2,
Exhibit A1. Collectively, the property documented in Exhibit A is the Subject Property.
Each Subject Property parcel (the right-of-way, UPRR parcel and the 19 tax lots) fronts the Willamette
River and is located between Franklin Blvd and the Willamette River in the northern portion of the
Glenwood neighborhood and between McVay Blvd and the Willamette River in the southern portion of
the Glenwood neighborhood. (Of these, the former is referred to as the Franklin Riverfront and the
latter is referred to as the McVay Riverfront in the Glenwood Refinement Plan.)
Plan designations and zoning districts of the tax lots is also codified in the adopted Glenwood
Refinement Plan. These are Office Mixed-Use, Residential Mixed-Use, Commercial Mixed-Use and
Employment Mixed-Use2.
Riverfront areas, plan designations and zoning districts aren’t applicable to Greenway Setback Line
criteria, but understanding the land use framework can help visualize the setback line and its effect on
current and future developments and uses and vice-versa.
1 An inventory of property along the Glenwood Riverfront which already has an established Greenway Setback Line is documented in the Attachment 2, Exhibit B. The properties in Exhibit B are not part of this application’s request to establish a Greenway Setback Line but are included for reference. 2 Whereas the tax lots have a plan designation and zoning district, right-of-way and railroad property does not.
Attachment 1, Page 4 of 27
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Figure 3. It is common for existing development to
extend to the top-of-bank.
Figure 2. Plan Designations and Zoning Districts Glenwood
Refinement Plan April 2014
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The current physical condition of the Subject Property is quite variable. Individual tax lots range from
fully developed to essentially undeveloped with most of the development being long-standing and of an
industrial nature. The river’s edge in particular is of a similar nature. It is common for development to
approach very near to the top of bank. Even where the tax lot is ‘undeveloped’, it is rare that some level
of site disturbance has not previously occurred.
Along the river’s edge, the area near the top of bank, the physical condition varies greatly (See Figure 4
below). From mown lawn (photo 1), to industrial fencing (2 and 3), to backyard overlooks (4), to cleared
and once used for something (5), to simply cleared (6), the vegetated fringe is sometimes there,
sometimes not and nearly never of a natural condition.
Figure 4. Photos 1-6 below illustrate conditions along the river’s edge in the subject area
(1) (2) (3)
(4) (5) (6)
III. Procedural Criteria:
Section 3.3-315 of the Springfield Development Code (SDC) states that development proposals within
the Willamette Greenway Boundary shall be reviewed as a Discretionary Use procedure. SDC Section
5.9-115 states that Discretionary Uses are to be processed as a Type III review procedure that comes
before the Planning Commission for sites within the city limits or the Lane County Hearings Official for
those sites outside of the city limits but within the Springfield Urban Growth Boundary (UGB).
Attachment 1, Page 6 of 27
Glenwood Greenway Setback TYP315-00002
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Type III processing steps are described in 5.1-135 and 5.9-115. The following processing steps are
required:
1. The Director must determine that the application is complete.
2. Newspaper notice must be provided and mailed notice to property owners and occupants
within 300 feet of the project area.
3. The Director shall distribute the application to the Development Review Committee or the
Historical Commission for comments, where applicable.
4. Notice shall be given to the Oregon Department of Transportation by forwarding a copy of the
application by certified mail, return receipt requested. Notice of final City action shall also be
provided to the Oregon Department of Transportation.
Procedural Findings and Conclusion
Finding #1. The applicant is the City of Springfield. Staff determined that the application materials
submitted by Schirmer -Satre were complete on April 16, 2014.
Finding #2. Table 1 shows that the ODOT right-of-way beneath the Springfield Bridges is the only
subject property that has been annexed. The Springfield Planning Commission shall approve the setback
for the annexed property. The Springfield Hearings Official shall approve the setback for the remaining
subject sites.
Finding #3. Published notice of the hearing appeared in the Register Guard on Monday April 13,
2015. The published notice complied with the content requirements for Type III public hearings listed in
SDC Section 5.2-115 (B).
Finding #4. No development is proposed by this action. The Development Review Committee
provides comments related to site development and the provision of services for a particular
development. The Director concluded that a Development Review Committee meeting was not
warranted. The project area does not fall within the Springfield Historical District and as such the
proposal does not warrant Design Review Committee review.
Finding #5. Mailed notice was sent to affected property owners and occupants within 300-feet of
the project on April 15, 2015, as attested by affidavit. The mailing allowed more than the required 20-
day notice and complied with the content requirements for Type III public hearings listed in SDC Section
5.2-115 (A). Two phone calls were received by staff from residents of the Riverside Mobile Home Park,
asking for clarification about the Greenway Setback Line. No opinions were expressed by the residents
during the calls.
Finding #6. In completing the on-site analysis for locating the proposed Greenway setback, the City
sought permission from property owners before entering their property. This permission letter was sent
to owners on January 13, 2015. Attachment 2, Exhibit s D and E to the application are copies of the
Property Owner Letter and the Property Owner Access Permission Letter.
Finding #7. A meeting of interested property owners was held at Roaring Rapids Pizza on January
29, 2015, to discuss the setback line and its implications for their properties. One-on-one meetings and
phone calls were also used to discuss the setback line with owners.
Attachment 1, Page 7 of 27
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Finding #8. Notice of the proposed setback line was forwarded to David Warren at the Oregon
Department of Transportation on April 17, 2015, as required by SDC 5.1-135.
Conclusion
The procedural requirements detailed in SDC Section 5.9-115, SDC Section 5.2-115 (A) and (B) and SDC
5.1-135 have been followed.
IV. Review Criteria and Findings:
No development is proposed as part of this application to establish the Greenway Setback Line. The
standards for establishing the Greenway Setback Line and are found in SDC Section 3.3-325. These
standards are shown below.
Willamette Greenway Setback Standards (SDC 3.3-325)
“…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:
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.
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. Aggregate extraction may
be permitted outside the Greenway Setback Area subject to compliance with State law, the
underlying zoning 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.
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, Page 8 of 27
Glenwood Greenway Setback TYP315-00002
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“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.” Applicant’s Statement:
“The applicable functional plan for recreation in this area is the Willamalane Park and Recreation
Comprehensive Plan. It was adopted by the Willamalane Board of Directors on Oct. 10, 2012 and was
subsequently adopted as an element of the Metro Area General Plan by Springfield (Ord. No. 6303 (Nov.,
4, 2013) and Lane County (Ord. No. PA 1302 (Oct. 5, 2013).
The portion of the Willamalane Plan most relevant to the current proposal deals with the creation of a
riverfront linear park. The Highlights and Improvements section, Chapter 3, provides:
Actions 4.13 and 4.14, Glenwood Riverfront Linear Park A and B: As the Glenwood area is redeveloped,
Willamalane has an opportunity to work with public and private partners to develop a riverfront linear
park and multiuse path, and expand the popular Willamette River path system. Section A (Action 4.13)
would travel from the Viaduct Path underneath the I-5 bridge, east to the Springfield Bridge; Section B
(Action 4.14) would travel from the Springfield Bridge south to Seavey Loop Road.
The proposed linear park will include multiuse paths,
picnic areas, and river overlooks, and will be a significant
regional recreation and river overlooks, and will be a
significant regional recreation and alternative
transportation resource. The park will also expand
recreation opportunities for Glenwood area residents,
who currently have limited access to close-to-home
parks.
In addition, the Strategies and Actions section, Chapter 4,
includes a map showing a planned multi-use path along
the riverfront of the subject properties, Map 2 Proposed
Park and Recreation Projects. That map includes four
symbols over the subject property with the numbers 4.13,
4.14, 4.15 and 4.24. These numbers correspond to
planned actions, as described in tables.
Action 4.13 is described in the table as: Glenwood
Riverfront Linear Park A. Work with partners to develop
a riverfront linear park and multiuse path from I-5 to the
Springfield Bridge, consistent with the Glenwood
Refinement Plan.
4.14 is described as: Glenwood Riverfront Linear Park B.
Work with partners to develop a riverfront linear park
and multiuse path from the Springfield Bridge to Seavey Loop Road.
Figure 5. Excerpt Map 2 Proposed Park
and Recreation Projects Willamalane
Park and Recreation Comprehensive
Plan, 10/14
Attachment 1, Page 9 of 27
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4.15 is described as: Glenwood to Island Park (Bridge). Work with the city to explore the feasibility of a
bicycle/pedestrian bridge from South Bank Path A to Island Park, per the Downtown District Urban
Design Plan.
4.24 is described as: Glenwood to Dorris Ranch (Bridge). Work with partners to explore the feasibility of
developing a bicycle and pedestrian bridge across the Willamette River, connecting the Glenwood
Riverfront Linear Park B to Dorris Ranch and the Middle Fork Path.
Additional functional and refinement plans also reference the multi-use trail along the south bank of the
Willamette River. TransPlan (July 2002) identifies a South Bank Trail to run from I-5 to the Springfield
Bridge, but not any farther upstream. The 2014 Glenwood Refinement Plan, at page 76, states Develop a
multi-use path along the Willamette River in Glenwood from I-5 to the southern tip of Springfield’s Urban
Growth Boundary so that the multi-use path strengthens physical and visual connections to the river, and
supports recreational uses and bicycle/pedestrian commuters along the riverfront.
These plans, and their projects, the linear park, the bridges, the off-street path, do not reference the
Willamette Greenway Overlay District or a Greenway setback line. There is however a correlation as
both are referring to the linear edge of the adjacent Willamette River. The city has not yet obtained any
property rights for the linear park or pathway. This will likely be negotiated in the context is specific
property annexation and/or development or re-development. As establishment of a Greenway setback is
a necessary first step for development approval, approval of this application will bring the city one step
closer towards being in a position to implement these policies from the Willamalane plan.
As stated, the public access rights will need to be obtained through purchase or voluntary donation, as
part of future annexation proceeding or as part of a subsequent development review process. In a
similar application for a Willamette Greenway Setback determination for a property elsewhere located
along the Glenwood riverfront, the Hearings Official noted "The best time to provide for the bike path is
when development is proposed for the subject property." There is some flexibility in the ultimate location
of the path, as the Glenwood Refinement Plan states that the path diagram is a conceptual alignment
(Glenwood Refinement Plan, page 54). Because the subject property will still be within the Willamette
Greenway Overlay District after the Willamette Greenway Setback Line is established, development
proposals for property will be subject to Discretionary Use procedures (SDC 5.9-100) and/or Master Plans
(SDC 5.13-100) or Site Plan Review (SDC 5.17-100). Those procedures will ensure the city has ample
opportunity to secure the public rights for a riverfront linear park and pathway in the context of a
redevelopment application.
Elsewhere, the Springfield Development Code, in addressing the protection of water quality (SDC 4.3-
115.A.1) establishes a 75-foot development setback from the top-of-bank for the Willamette River. This
development setback allows for construction of multi-use paths and some stormwater treatment
facilities within the setback boundary. The subject property is subject to this setback. It should be noted
that the 75-foot setback was established to accomplish water quality and resource protection goals. The
Greenway Setback Line is different from this water quality/resource setback. The Greenway Setback is
intended to accomplish broader goals including recreation and access.
Establishment of the Willamette Greenway Setback line at the upland extent of the riparian vegetation
as proposed in this application would not interfere with establishment of the multi-use path planned for
Attachment 1, Page 10 of 27
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location on the subject property. The narrow corridor required for the path should not negatively impact
development of the subject property.
The recreational needs of the Springfield area and for Glenwood in particular have been planned or
provided for. That portion of the recreational plan that affects the subject property will not be affected
by the proposed delineation of the Greenway Setback Line.
Lastly, this approval criterion directs the city to consider and minimize the possibility that public
recreation might disturb adjacent property. Currently, there is some public recreation that occurs on the
river (rafting, fishing). Establishing the Greenway Setback line will not change the existing situation in
regard to public recreation on and adjacent to the subject property.
Given this, this criterion (SDC 3.3-325.A) is met.”
Staff Findings:
Finding #9. The 2014 Glenwood Refinement Plan designates all of the Glenwood Riverfront as one
of four types of mixed-use development. These designations include Office Mixed Use, Commercial
Mixed Use, Residential Mixed Use and Employment Mixed Use. The implementing zoning conforms to
these same mixed use designations. The planned use of the Glenwood riverfront is for employment
uses and not recreational use.
Finding #10. The Willamalane Park and Recreation District provides park services for the City of
Springfield. This includes park planning and development. The 2012 Willamalane Park and Recreation
Plan lists current and planned park facilities for the Springfield area.
Finding #11. The 2012 Willamalane Park and Recreation Comprehensive Plan (Willamalane
Comprehensive Plan) indicates that no community or regional parks are planned within the subject area.
The Plan calls for three neighborhood parks to be developed in the Glenwood area. Projects 1.24, 1.25
and 1.26 are neighborhood parks planned for residential areas in Glenwood. Each of these will be
located outside of the subject area as shown on Map 2-1 of the Willamalane Plan.
Figure 6. Excerpt from
Map 2-4, Proposed
Multi-Use Paths and
Trails,
2012 Willamalane
Park and Recreation
Comprehensive Plan
Attachment 1, Page 11 of 27
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Finding #12. The 2012 Willamalane Comprehensive Plan calls for the development of the Glenwood
Riverfront Linear Park (Projects 4.13, 4.14) and the associated Glenwood to Island Park Bridge (Project
4.15).
Finding #13. The Willamalane Plan explains that linear parks and trails are intended to preserve open
space and provide opportunities for trail-oriented activities, such as walking, running, bicycling, skating,
etc. Typically, linear parks are developed within a 20-foot easement or dedicated right-of-way that is
secured through negotiation with property owners. The Willamalane Plan indicates that facility design
will be “sensitive to issues such as privacy, security, and property rights when planning and developing
linear parks and pathways” (Strategies A.53 and A.54 Willamalane Comprehensive Plan, page 45).
Finding #14. The 2014 Glenwood Refinement Plan devotes a section to “Riverfront Multi-Use Path
(pg. 76). The objective of the Glenwood Plan with respect to the Riverfront path is to “Develop a multi-
use path along the Willamette River in Glenwood from I-5 to the southern tip of Springfield’s Urban
Growth Boundary so that the multi-use path strengthens physical and visual connections to the river,
and supports recreational uses and bicycle/pedestrian commuters along the riverfront.”
Finding #15. SDC Section 4.3-115 (A.)(1.) states, “Along all watercourses shown on the 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. Existing native vegetative ground cover
and trees shall be preserved, conserved, and maintained between the ordinary low water line and the
top of bank and 75 feet landward from the top of bank.” The standard effectively establishes a 75-foot
development setback from the top-of-bank for the Willamette River. This development setback allows
for construction of multi-use paths and some stormwater treatment facilities within the setback
boundary. The applicant’s properties are subject to this setback.
It should be noted that the 75-foot setback was established to accomplish water quality and resource
protection goals. The Greenway Setback Line is different from this water quality/resource setback. The
Greenway Setback is intended to accomplish broader goals including recreation and access.
Finding #16. Applicants with riverfront property seeking annexation to the City have been required to
dedicate a strip land for the Glenwood Riverfront Linear Park (Project 4.14). As a result segments of
riverfront land have been set aside for linear park and multi-use path. Similar negotiations to acquire
land for the path will likely accompany any future annexation.
Finding #17. Establishment of the Willamette Greenway Setback line “at the upland extent of the
riparian vegetation (Riparian Edge), or ten feet 10’ from top of bank, which ever is greater,” as proposed
by the City would not interfere with establishment of the multi-use path planned for location on the
subject properties. The narrow corridor required for the path should not negatively impact
development of the subject properties.
Conclusion: Willamalane has planned for parks of various types to serve the Glenwood area. The
subject properties are planned for development of residential, commercial, and employment mixed uses
and not specifically for parks. That said, the planned multi-use path is planned for placement along the
Willamette River which impacts the applicant’s properties. The applicant has already dedicated land for
Attachment 1, Page 12 of 27
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path across the majority of its properties. The recreational needs of the Springfield area and for
Glenwood in particular have been planned or provided for. That portion of the recreational plan that
affects the subject properties will not be affected by the proposed delineation of the Greenway Setback
Line.
The location of the Greenway Setback Line proposed by the applicant is consistent with this standard.
“B. Adequate public access to the river shall be provided.”
Applicant’s Statement:
“Currently, the subject property is predominantly in private ownership and developed. Public access is
not granted to or across the subject property. As the [1999] Glenwood Refinement Plan notes, the
Greenway Goal protects existing uses. Consequently, the existing level of public access to the river is
consistent with the Goal and this standard. The question of what type of public access is “adequate” in
this particular setting is answered in part by long-range planning documents, such as the Metro Plan, the
Glenwood Refinement Plan, and the Willamalane Plan. As noted above, several refinement plans indicate
that a public multi-use path is planned to eventually run along this bank of the Willamette River. The
precise location of this path has not been established, nor have all of the necessary easements been
acquired for it. The steep bank and swift current in this area will present challenges for direct public
access to the river.
As discussed above, establishment of the proposed Willamette Greenway Setback Line is a necessary
prerequisite for future redevelopment. The application process for future development will provide an
opportunity to ensure that public access to the river is either maintained or increased from the status
quo, consistent with the Metro Plan and applicable parks and transportation plans.
As such, this criterion (SDC 3.3-325.B) is met.”
Staff Findings:
Finding #18. Existing development limits public access to the Willamette. The Greenway Setback Line
itself, as proposed, will not increase public access to the river. The proposed setback, in conjunction
with the Glenwood Refinement Plan and the Willamalane Comprehensive Plan will afford more
opportunities to access the river as development occurs in the future. As mentioned in Finding #13, at
the time of annexation, the City is requiring owners to dedicate a 20-foot wide easement within the
established 75-foot riparian setback along the river for the construction of a multi-use path. The path
will provide visual access to the river for cyclists and pedestrians. It is likely that as future streets and
businesses are developed in the area, pedestrian connections from these developments will link to the
path.
Finding #19. The public currently has direct access to the river at Island Park and along the Middle
Fork Path. In addition, there are boat launches at the eastern most end of Island Park, and at D Street,
near where Island Park meets Alton Baker Park.
Finding #20. The established plan designations for the subject properties intend the subject
properties to be developed for residential, commercial and employment mixed uses. Public recreation
Attachment 1, Page 13 of 27
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is not the primary use. The multi-use path envisioned by the Willamalane Comprehensive Plan will
provide an appropriate level of river access consistent with the adopted plan designations for the area.
Conclusion: The proposed Greenway Setback Boundary is consistent with this standard.
“C. Significant fish and wildlife habitats shall be protected.”
Applicant’s Statement:
The [1999] Glenwood Refinement Plan [page 39] recognizes that there are no significant fish or wildlife
habitat areas identified within the Glenwood portion of the Willamette River Greenway. This conclusion
is confirmed in the Glenwood Riverfront Natural Resources Inventory (Attachment 2, Exhibit F), which
explains:
Current records obtained from Oregon Biodiversity Information Center (ORBIC) show no rare species
known on the subject property, with the exception of fish species within the Willamette River itself.
In addition, the Inventory concludes that the subject property is poor habitat for all the species listed.
This Inventory concluded:
Dominance of site disturbance on the subject property (clearing, filling, paving, buildings) has led to
dense non-native, and sometimes invasive, vegetation and a narrow riparian fringe with steep banks.
The velocity of waters and steep, linear nature of the banks along these lots is not conducive for listed
species.
Whereas there is a dominance of highly disturbed urban alteration to the property, the Inventory did
observe a somewhat different set of habitat and physical conditions in a few areas (such as on Lot 17-03-
34-44/00100) but found these areas to be similarly lacking in overall habitat values, with the exception
of a riparian edge that is proposed to be included in the Greenway setback. The Inventory explains: While
Lot 17-03-34-44/00100 may exhibit characteristics of fair habitat for listed species, the lack of
documented evidence of species use, lack of ponding water, cleared area and extent of invasive
vegetation, velocity of the river, isolated nature of the lot and surrounding urban uses negate this habitat
value beyond the proposed setback.
The riparian fringe along the river’s edge (between the top of bank/riparian vegetation and the river) is
expected to provide benefits such as refuge for different life stages of fish during high water and allow
some cooling value during the hotter months which also benefits different life stages of listed fish,
including salmonids. The proposed location of the Greenway Setback would retain these values.
The proposed setback area would conserve all of the existing riparian vegetation. Because this proposal
protects all of the riparian vegetation on the subject property, it affords the greatest degree of
protection for fish and wildlife habitat, even though that habitat is not considered significant.
Given this, this criterion (SDC 3.3-325.C) is met.”
Attachment 1, Page 14 of 27
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Staff Findings:
Finding #21. The 1999 Glenwood Refinement Plan was replaced by the 2014 Glenwood Refinement
Plan. In the context of the Greenway area, the 1999 Glenwood Plan stated “No significant or wildlife
habitat areas have been identified to date.” The 2014 Glenwood Plan makes no specific assessment of
significant fish and wildlife habitat in Glenwood, but does describe a broad vision for future riverfront
vegetative restoration within the 75-foot development setback adopted by the City in 2004 in response
to the Federal Clean Water Act. The proposed Greenway Setback does not conflict with this proposed
restoration per se, however, the larger 75-foot setback will have the effect of keeping future
development further from the Willamette than that proposed by the Glenwood Greenway Setback Line.
Finding #22. The subject properties are heavily disturbed. Present use of the land on the majority of
the sites has degraded the habitat value of the site. There is a narrow vegetated fringe adjacent to the
river. The proposed Greenway Setback Line protects that existing fringe. The photos in Figures 3 and 4
illustrate the minimal habitat value and narrow vegetated fringe found on the subject sites.
Finding #23. In 2002, The Willamette River was included on Springfield’s Map of Water Quality
Limited Watercourses as part of Springfield’s response to the Federal Clean Water Act. In addition, in
2005, the Springfield Natural Resources Study listed the Willamette River as a “locally significant”
riparian corridor under Statewide Planning Goal 5. A program for protecting the Willamette River was
developed as part of Springfield’s response to the Federal Clean Water Act, and to Goal 5. The adopted
protections include a 75-foot development setback from the top-of-bank.3
Finding #24. The applicant cites records obtained from Oregon Biodiversity Information Center
(ORBIC) which show no rare species are known to inhabit the subject lots, with the exception of fish
species within the adjacent Willamette River. ORBIC is an authoritative resource, but the data provided
does not affirm categorically that there are no sensitive or threatened species inhabiting the subject
sites. The database captures reported occurrences of various species.
3 Springfield Development Code Section 4.3-115 A (1).
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Finding #25. Table 2 (Attachment 2, Exhibit F) is from the Glenwood Riverfront Natural Resources
Inventory lists the species known to occur within two miles of the subject site. The information was part
of the ORBIC data provided by the applicant.
Finding #26. The City hired Schirmer -Satre Group used a qualified staff biologist4 to conduct on-site
habitat assessments where property owners had given permission. The on-site assessment, coupled
with the report provided by ORBIC lends confidence to the analysis and conclusions drawn by the
consultant.
Table 2. Rare Species of Fish and Wildlife Known to Occur Within 2 Miles of the Study Area.
4 The site analysis was conducted by Brian Meiering of Schirmer Satre Group. He is a professional wildlife biologist with 15
years’ experience working for the Oregon Department of Fish and Wildlife, the Bureau of Land Management and the US Forest
Service. His experience includes both fisheries and wildlife management. He is qualified to evaluate regulatory compliance
regarding aquatic and terrestrial environments.
Common Name Scientific Name Category Federal Status State Status Habitat Requirements
Bull trout (Willamette SMU)
Salvelinus confluentus Vertebrate Animal LT SC Clean and cold water. Connectivity and complexity (USFWS 2010 [online]
Attachment 1, Page 16 of 27
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LE: Endangered, LT: Listed Threatened, SC: Sensitive Critical, SOC: Species of Concern. Oregon Biodiversity Information Center, December 2013
Table 3. Schirmer -Satre On-Site Habitat Evaluation
Map Lot Number Acres Glenwood Refinement
Plan/Zoning
On-Site?
1703343101000 5.28 OFFICE MU YES
1703343101100 2.87 OFFICE MU NO
1703343200101 1.82 OFFICE MU NO
1703343200400 2.47 OFFICE MU YES
1703344100700 2.71 COMMERCIAL MU YES
1703344100800 1.51 COMMERCIAL MU YES 1703344200100 1.49 RESIDENTIAL MU YES
1703344201500 1.36 RESIDENTIAL MU YES
1703344201600 3.64 RESIDENTIAL MU YES
1703344202400 2.79 RESIDENTIAL MU NO
1703344202500 3.55 RESIDENTIAL MU NO
1703344202600 2.84 RESIDENTIAL MU YES 1703344202700 1.60 RESIDENTIAL MU YES 1703344202802 5.34 OFFICE MU/ RES MU YES
1703344400100 5.98 EMPLOYMENT MU YES
1703344400102 1.89 EMPLOYMENT MU YES
1803022002900 7.04 EMPLOYMENT MU YES
UNION PACIFIC RAILROAD BRIDGE ROW 1.76 YES
ODOT SPRINGFIELD BRIDGES ROW 4.74 YES
Chinook salmon (Upper Willamette River ESU, spring run)
Oncorhynchus tshawytscha Vertebrate Animal LT SC Variable due to multiple life stage requirements. Use large river systems to access appropriate spawning. Necessitate access from sea to spawning areas.
Oregon chub Oregonichthys crameri Vertebrate Animal LT SC Slow moving, relatively warmer water in off channel habitat (Bangs, 2013)
Painted turtle Chrysemys picta Vertebrate Animal SC Slow moving aquatic habitats with basking areas. Nesting typically on sparsely vegetated areas. Purple martin Progne subis Vertebrate
Animal
SOC SC Open areas, more often near
water in colonies Townsend's big-
eared bat
Corynorhinus
townsendii
Vertebrate
Animal
SOC SC Roosts in caves, cliffs, under
bridges
Western pond
turtle
Actinemys
marmorata
Vertebrate
Animal
SOC SC Slow moving aquatic habitats.
Nesting with basking areas
typically on sparsely vegetated
south and flat facing slopes.
Soils for nesting can be
compact.
Attachment 1, Page 17 of 27
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Figure 7. Aerial photo showing where Schirmer-Satre staff conducted on-site habitat
assessments.
Finding #27. Section 4.2.1 of Attachment 2, Exhibit F—The Glenwood Natural Resources Inventory
states: “There are no known records of rare species occurring within the Study Area with the exception
of species within the Willamette River itself. There are also no known rare species surveys which have
been performed on the Study Area. During planning efforts related to development, surveys for rare
species may be required in order to comply with State and Federal law. These laws include, but are not
limited to the Endangered Species Act of 1973 (ESA) and the Oregon Endangered Species Act (1987).
The requirements of these laws are typically triggered by development actions requiring a Local, State
or Federal permit.
A rare species list was obtained from the Oregon Biodiversity Information Center (ORBIC, 2013) and
cross-checked against lists maintained by the State of Oregon, United States Fish and Wildlife Service
and the National Marine Fisheries Service. The species on these lists were narrowed by the scope of this
project (fish and wildlife) and a constrained physical range. Given their specific documented life history
needs, this list of species was evaluated for likelihood to occur within the Study Area based on the four
habitat types described. Although habitat is a strong precursor to species using an area, there are
always instances where species will use atypical habitat or refrain from using habitat judged as highly
suitable. Records of actual occurrence, and therefore seasonally appropriate wildlife surveys, are the
most suitable means to evaluate wildlife use of an area.
Finding #28. The Glenwood Natural Resources Inventory is consistent with the findings of Mike
Shippey and Chad Hoffman of Coyote Creek Ecological Services, in Eugene. Shippey and Hoffman
Greenway Setback Previously
Determined for these Sites
On-site habitat assessments
conducted for these sites
Attachment 1, Page 18 of 27
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prepared a similar report5 for the purpose of establishing the Greenway Setback for Shamrock Village, a
10 acre property located off of McVay Hwy. in 2102 (File No. TYP312-00003).
Finding #29. In 2004, the City of Springfield commissioned Salix Associates, an environmental
consultancy, to recommend a Greenway Setback Line for the Glenwood riverfront (Attachment 3).
When completed, the recommended setback was not adopted, but not for lack of the report’s
credibility. Political considerations left the report on the shelf.
The 2004 Salix Associates report6 addressed the standards for establishing the Greenway Setback in
Glenwood. In doing so, the report included a series of aerial photographs showing their recommended
Greenway Setback alignment hand-drawn on the photos. The Salix report (page 4) states, “We have
made a draft delineation of our best interpretation of the location of the GSL [Greenway Setback Line]
within the study area, based on Springfield’s Development Code guidelines. It is included here as
Attachment C [of the Salix Report], Photos 1-21.”
Photos 1-15 of the Salix report pertain to the subject properties. Attachment 3 includes photos 1-16 for
reference. The recommended boundaries for the Greenway Setback Line closely follow the riparian
fringe along the river, similar to the line proposed by the applicant.
In addition to being an attachment to this report, the 2004 Salix Report was included as Appendix E to
the 2009 Glenwood Refinement Plan Update Project’s “Existing Conditions Report.” The Glenwood
Refinement Update Project is a supplemental study that formed a foundation for the 2014 Glenwood
Refinement Plan.
Finding #30. The Springfield Natural Resources Study (Updated 2011) is Springfield’s acknowledged
Goal 5 inventory and protection program. Site WA/WB (Willamette River) provides a general
description of the natural functions and values of the river. With respect to protecting the Willamette
River within Springfield’s planning jurisdiction, the following policy was adopted: “Limit conflicting uses
and employ low impact development practices when developing within 150 feet of the resource site. The
Willamette River (WA/WB) is a water quality limited watercourse and is protected by a 75-foot
development setback and site plan review standards described in SDC Section 4.3-115. No additional
setbacks are necessary. The documented presence of a state and federally listed species requires
coordination with the Oregon Department of Fish and Wildlife and appropriate federal agencies to
determine what (if any) additional measures may be needed.” (Springfield Natural Resources Study, page
297)
The prescribed protection allows for development employing “low impact development” practices
within 150-feet of the river. These practices are built into the stormwater best management practices
that are part of the Springfield Development Code and the Engineering Design Standards and
Procedures Manual. Protection of state and federal listed species that are listed will be coordinated
with ODFW if and when occurrences of these species are confirmed within the subject property.
5 Site Inventory of Natural Resources, Shamrock Village Mobile Home Park, Coyote Ecological Services, August 2008, page 7. 6 Report on Establishment of a Draft Willamette River Greenway Setback Line on the South and West Sides of the Willamette
River, Glenwood (Springfield), Oregon; Salix Associates, November 23, 2004.
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The standards for establishing the Greenway Setback are different that those used to establish the 75-
foot development setback for Goal 5. The proposed setback line will not alter the existing 75-foot
protection.
Conclusion: The subject properties are largely developed. There is a narrow vegetative fringe along the
Willamette which will be protected by the proposed alignment of the Greenway Setback Line. ORBIC
and other authoritative natural resource databases have indicated that there are few state or federally
listed terrestrial species known to live within a 2-mile radius of the site. A more careful ground survey
and report by Brian Meiering of Schirmer -Satre confirmed that there is little habitat on the properties
which would support the species identified in the ORBIC report.
The proposed setback line is generally consistent with the setback line recommended by Salix Associates
in their 2004 report (Attachment 3). Photos #1-#16 of the Salix report show a setback line that closely
hugs the vegetative fringe that can be seen in the photo. The City proposes to draw the setback line “at
the upland extent of the riparian vegetation (Riparian Edge), or ten feet from top-of-bank, whichever is
greater.” Such an alignment for the Setback line is consistent with the Salix recommendation.
The proposed Greenway Setback Line does not alter or negate other existing protections for the
Glenwood riverfront. The proposed setback and does not negate the habitat enhancement that will be
required as development occurs. The proposed Greenway Setback is consistent with this standard in its
protection of existing fish and wildlife habitat.
“D. Identified scenic qualities and view-points shall be preserved.”
Applicant’s Statement: The [1999] Glenwood Refinement Plan, at page 39, recognizes that there are no identified scenic qualities or viewpoints within the Glenwood portion of the Willamette River Greenway.
Although there are no identified scenic qualities or view-points on the subject property, the existing
riparian edge has the potential to assist in providing visual identification and definition to the river and
riparian system as well as providing limited filtered views of the river from the property. The proposed
Greenway Setback Line will effectively protect the potential for scenic qualities and view-points along the
river from future development, as would an easement for the proposed riverfront linear park and
multiuse path.
Importantly, the proposed Greenway Setback Line provides opportunity for a continuous vegetative
buffer between the path and the river. This will protect scenic qualities associated with views from the
river as well as protect the scenic qualities and viewpoints of the river corridor itself.
As such, this criterion (SDC 3.3-325.D) is met.
Staff Findings:
Finding #31. The 1999 Glenwood Refinement Plan was replaced by the 2014 Glenwood Refinement
Plan. The 2009 Glenwood Refinement Plan Update Project’s “Existing Conditions Report” is a
supplemental study conducted to provide a basis for the 2014 Glenwood Refinement Plan. The Existing
Conditions Report quoted the 1999 Glenwood Plan in the finding made concerning scenic qualities and
viewpoints. “The current GRP states that there are no identified scenic qualities or viewpoints within
the Glenwood portion of the [Willamette]Greenway (GRP p. 39)7.
7 Glenwood Refinement Plan Update Project, Existing Conditions Report, pg. 67.
Attachment 1, Page 20 of 27
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The 2014 Glenwood Plan itself makes no comments on the existing scenic qualities or viewpoints in
Glenwood, but does describe a vision for riverfront restoration within the 75-foot development setback
adopted by the City in 2004 in response to the Federal Clean Water Act. The proposed Greenway
Setback Line does not conflict with the vision proposed by the Glen wood Refinement Plan.
Finding #32. OAR 660-023-0230—Scenic Views and Sites, defines “scenic views and sites” as “lands
that are valued for their aesthetic appearance.” The rule goes on to state that “Local governments are
not required to amend their comprehensive plans in order to identify scenic views and sites.”
Finding #33. Springfield does not have an inventory of scenic views or sites. Scenic qualities are
inherently associated with the Willamette River corridor, even in the Glenwood corridor. The proposed
Greenway Setback Line will effectively protect scenic qualities and view-points along the river from
future development, as will the permanent easement for the proposed Willamalane multi-use path. The
proposed Greenway Setback Line provides for a continuous vegetative buffer between the path and the
river, in order to protect scenic qualities associated with views from the river as well as to protect the
scenic qualities and viewpoints within the river corridor itself.
Conclusion: The proposed Greenway Setback is consistent with this standard.
“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.”
Applicant’s Statement: Illegal trespass, camping and vandalism are problems that occur on both sides
of the Willamette River through the Glenwood area. The establishment of the proposed Greenway
Setback Line is not likely to exacerbate the problem since the setback width is relatively narrow and the
property is highly developed, fenced and observed. Camping, vandalism and trespass are more likely to
occur in locations that are secluded. An overly broad Greenway setback line could support undesirable
activity by providing a large area that is isolated from public view and access.
Future development of the subject property will likely reduce unwanted activity.
The proposed Greenway Setback Line will protect the vegetated fringe along the river without inviting
unwanted trespass or other illegal activities which may occur in secluded areas.
This criterion (SDC 3.3-325.E) is met.
Staff Findings:
Finding #34. Illegal trespass (camping) and vandalism are problems that occur on both sides of the
Willamette River through the Glenwood area. This is particularly true of undeveloped areas along the
river, including public parks and private property. The establishment of the proposed Greenway Setback
Line is not likely to exacerbate the problem since the setback width is relatively narrow. Camping,
vandalism and trespass are more likely to occur in locations that are secluded. An overly broad
Greenway setback line could support undesirable activity by providing a large area that is isolated from
public view and access.
Attachment 1, Page 21 of 27
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Conclusion: The proposed Greenway Setback Line will protect the vegetated fringe along the river
without inviting unwanted trespass or other illegal activities which may occur in secluded areas. This
standard is met.
“F. The natural vegetative fringe along the river shall be enhanced and protected to the maximum
extent practicable.”
Applicant’s Statement: “This standard uses the term “natural vegetative fringe along the river,” which
the Glenwood Riverfront Natural resources Inventory (Exhibit G) refers to as the “riparian edge,”
characterized by the presence of riparian vegetation such as cottonwood and willow species. The
Inventory describes representative sections of the riparian edge as:
The area directly adjacent to the Willamette River dominated by riparian vegetation. Dominant
vegetation within the riparian edge include Populus balsamifera, Fraxinus latifolia, Salix spp., Alnus
rhombifolia, Cornus sericea, Acer macrophyllum, Robinia pseudoacacia, Spirea douglasii and Carex
obnupta.
The riparian edge, in particular the area between top of bank and the river, is the most significant fish
and wildlife habitat type. It provides the most significant scenic qualities and has been mapped to
encompass the remaining vegetative fringe within subject property.
The enclosed Greenway Setback Line Survey maps locate the proposed setback line. This line follows the
upland extent of the natural riparian vegetation.
Where the existing riparian vegetation is present, the setback (from top of bank) averages 20 to 30 feet.
In one small area, however, the setback is approximately 190 feet due to the presence of a small wetland
(Tax Lot 18030220-02900). Elsewhere, where the riparian vegetation is scarce or absent, the setback line
ranges between 10 and 20 feet from top of bank. Additionally, the proposal includes a minimum width
for the Greenway Setback Line of ten feet. This will provide an opportunity to enhance the natural
vegetative fringe along the river in those areas where vegetation is currently lacking or nonexistent. This
minimum setback distance is consistent with previous Greenway Setback determinations.
The proposed Willamette Greenway Setback Line will provide for the protection and enhancement of the
natural vegetative fringe along the river.
Given this, this criterion (SDC 3.3-325.F) is met.
Staff Findings:
Finding #35. The phrase “maximum extent practicable” in this standard is not defined in the
Springfield Development Code or in the Oregon Administrative Rules for Goal 15, the Willamette River Greenway. Text drawn from Oregon Statewide Planning Goal 15 (F.3.b.) implies the term is intended 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 use approved under the applicable Comprehensive Plan
designation and zoning. Planning Goal 15, Section F provides direction for implementing the Greenway Program. Section (F.3.b.) states:
Attachment 1, Page 22 of 27
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“b. The review of intensification, changes of use and developments as authorized by the Comprehensive Plan and zoning ordinance to insure their compatibility with the Greenway statutes and to insure that the best possible appearance, landscaping and public access are provided. Such review shall include the following findings, that to the greatest possible degree:
(1) The intensification, change of use or development will provide the maximum possible
landscaped area, open space or vegetation between the activity and the river;
(2) Necessary public access will be provided to and along the river by appropriate legal means;”
Finding #36. The City proposes to draw the setback line at the upland extent of the riparian
vegetation (Riparian Edge) ten feet from top-of-bank, whichever is greater. This is a minimal setback,
however it does incorporate and protect the relatively narrow vegetated fringe that exists on the
subject properties. This approach and minimum setback distance is consistent with previous Greenway
Setback determinations (File No. TYP314-00001, TYP312-00003).
The proposed setback follows the upland extent of the natural riparian vegetation. Where the existing
riparian vegetation is present, the setback (from top-of-bank) averages 20 to 30 feet. In one small area,
however, the setback is proposed to follow the outline of a suspected wetland to a distance of about
190 feet (Tax Lot 18-03-02-20 TL2900).
Finding #37. Staff concurs with the location of the proposed Greenway Setback for the annexed site
beneath the Springfield Bridges. This site is subject to the approval of the Springfield Planning
Commission.
Finding #38. Staff also concurs with location of the proposed setback for the remaining subject
properties outside of the City Limits (which are the purview of the Springfield Hearings Official), with
one exception.
SDC Section 4.3-117 provided protection for significant wetlands. When wetlands are suspected, the
City contacts the Oregon Department of State Lands to obtain a wetland delineation for the suspected
site. If the site is determined to be a wetland, the site shall be protected under the wetland regulations
found in Section 4.3-117. The criteria for establishing the Greenway Setback Line are not intended to
apply to wetland protection per se, when locating the line. Staff recommends that the proposed
Glenwood Greenway Setback Line at the Riverside Mobile Home Park (Tax Lot 18-03-02-20 TL2900)
be adjusted to follow the natural vegetative fringe and not include the wetland and use the City’s
wetland protection provisions to investigate and if needed, protect the suspected wetland (See
Figures 8 and 9 below).
Finding #39. Section 6.110 of the Springfield Development Code defines “top-of-bank” as follows: For
a given watercourse, the top of bank is the same as the “bankfull stage.” The “bankfull stage” is defined
as “the stage or elevation at which water overflows the natural banks of streams or other waters of the
State and begins to inundate the upland.”
Attachment 1, Page 23 of 27
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Figure 8. Proposed adjustment of the Greenway Setback Line
Figure 9. The mown area above would be removed by the staff suggested change to the
setback line as on Tax Lot 18-03-02-20 TL2900. The riparian vegetation in the background
would remain within the setback line.
Finding #40. The proposed Greenway Setback Line will protect the existing vegetated fringe along
the river. Current development and past disturbance on the subject properties have created conditions
Attachment 1, Page 24 of 27
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within the interior of the site which provide little habitat. Outside of the setback, the land is largely
developed or is vacant with compacted fill and gravel. What vegetation that exists in the interior areas
is mostly non-native grasses and forbs.
Finding #41. No new development is proposed as part of this application. Future development will
provide opportunities to enhance the habitat within the proposed greenway setback and within the
required 75-foot riparian setback established by SDC Section 4.3-115 (A) (1). Current best practices for
stormwater pretreatment make use of vegetated swales and other natural facilities to remove
sediments and contaminants before stormwater is released to receiving streams and rivers. These
natural treatment facilities can be built into the landscape within the 75-foot setback, creating enhanced
habitat and making for a more aesthetically pleasing landscape.
Conclusion: The proposed Greenway Setback Line, as adjusted, is consistent with this standard.
“G. 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
zoning 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.”
Applicant’s Statement: “The subject properties do not include any acknowledged aggregate resources.
The property is designated for urban development. Mining is not a permitted use within the property’s
designations of office, residential, commercial and employment mixed-use. Establishment of the
proposed greenway setback line does not affect any aggregate resources or resource extraction activity.
This criterion (SDC 3.3-325.G) is met.”
Staff Findings:
Finding #42. The proposed Greenway Setback Line does not affect any properties currently in use for
quarry or mine operations. Areas of Glenwood have been mined in the past for its aggregate resources
and have been reclaimed. The site is designated for residential, commercial and employment mixed
uses by the 2014 Glenwood Refinement Plan. No future mining is likely to be allowed in this urban
setting.
Conclusion: This standard is met.
“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.”
Applicant’s Statement: “There is no development proposed with this application; therefore the criterion
is not presently applicable. Even after the Greenway Setback line is established, the subject property will
still be subject to the Willamette Greenway Overlay District development standards, which, as noted
above, invoke the Discretionary Use standards under SDC 5.9-120, the Master Plan standards under SDC
5.13-100 and the Site Plan Review standards under SDC 5.17-100, as well as the SDC 3.3-325 standards
invoked above for any change or intensification of use, or construction that has a significant visual
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impact. When development is ultimately proposed for the subject property, these procedures will ensure
this standard is met.
To the degree that it applies, this criterion (SDC 3.3-325.H) is met.”
Staff Finding:
Finding #43. No development is proposed as part of this application. Future development will be
guided by the Greenway Setback Line and by the established 75-foot riparian setback found in the
Springfield Development Code (SDC 4.3-115 and 4.3-117)
Conclusion: This criterion does not apply.
V. Conclusion and Recommendation
The City proposes to “draw the setback line at the upland extent of the riparian vegetation (Riparian
Edge), or ten feet from top-of-bank, whichever is greater. This application is intended to establish the
Willamette Greenway Setback Line within the boundaries of the subject property prior to development.
The applicable standards which apply to the alignment of the setback line for the subject properties
focus on appropriate recreational access, minimalization of vandalism and tresspass, protection and
enhancement of the riparian fringe and protection of significant fish and wildlife habitat.
The subject properties are mostly developed or vancant and disturbed, with compacted gravel and soils
that support non-native grasses and forbs. What riparian fringe that exists along the river is very
narrow. The width of the protecting the riparian vegetation ranges between 20 and 190 feet with a 10-
foot minimum setback from top-of-bank. The proposed setback line protects the existing vegetation,
but does little to enhance the existing vegetation as required by SDC 3.3-325 (F). The Glenwood
Refinement Plan and the Metro Plan each have policies calling for enhancement of the vegetated fringe
along the river at the time of development.
The City contracted with a consultant firm, Shirmer/ Satre Group to prepare the analysis and report
supporting the City’s application. Briam Meiering, the Wildlife Biologist for Schirmer-Satre is a qualified
wildlife and fisheries biologist. He conducted an on-site habitat assessment for the properties to
develop a natural resources inventory and report for the subject properties. The biologist’s report
found that the site has minimal habitat value, particularly for supporting listed species known to be
found within a two mile radius. The report made specific findings regarding the presence of the pond
turtle and habitat supportive of the turtle, concluding that the subject properties are not viable turtle
habitat.
In 2004, the City contracted with Salix Associates (Attachment 3), an environmental consultancy, to
conduct an analysis of the Glenwood riverfront using the standards found in SDC Section 3.3-325 for
establishing the Greenway Setback Line. The Salix report produced a descriptive inventory of the flora
and fauna along the riverfront and included a series of aerial photos with a recommended Greenway
Setback Line drawn in. Aerial Photos 1-15 from the Salix Study address the subject properties
(Attachment 3). The applicant’s proposed Willamette Greenway Setback Line is consistent with the
setback recommended by Salix. The proposed sestback is found by staff to be consistent with the
standards for establishing the setback.
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April 29, 2015 Page 27
The proposed Glenwood Greenway Setback Line (Attachment 2, Exhibit G) provides minimal protection
to the existing narrow band of vegetation along the river. The established development setback of 75-
feet for riparian protection and enhancement that will not be altered or negated by the proposed
greenway setback line. The setback proposal is consistent with the alignment recommended by Salix
Associates in their 2004 report to the City.
Based on the analysis prepared by Satre/Schirmer in preparing the City’s application and the findings
contained therein, staff concludes the proposed Glenwood Willamette River Greenway Setback Line is
consistent with the criteria for establishing the setback line found in SDC 3.3-325, with the exception of
a portion of the line segment on Tax Lot 18-03-02-20 TL2900. The location of the proposed setback line
is shown in Exhibit G. The recommended change to Exhibit G is shown in Figure 8 and is discussed in
Finding #38.
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