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HomeMy WebLinkAbout2015 06 16 AIS Glenwood Greenway Setback 6_16_15AGENDA ITEM SUMMARY Meeting Date: 6/16/2015 Meeting Type: Regular Meeting Staff Contact/Dept.: Mark Metzger/DPW Staff Phone No: 541-726-3775 Estimated Time: 30 Minutes S P R I N G F I E L D PLANNING COMMISSION Council Goals: Mandate ITEM TITLE: ESTABLISHING THE WILLAMETTE RIVER GREENWAY SETBACK LINE IN GLENWOOD ACTION REQUESTED: Conduct a second joint public hearing with the Springfield Hearings Official to consider a proposal to adopt a “Greenway Setback Line” for properties in Glenwood where this line has yet to be established. The Planning Commission is requested to approve, approve with conditions or amendments, or deny the proposed location for the setback as it applies to the location of the setback within the annexed ODOT right-of-way located beneath the Springfield bridges. The Hearings Official shall determine the setback for those properties which are outside of the city limits but within Springfield’s Urban Growth Boundary. ISSUE STATEMENT: This is the second joint public hearing on this specific proposal and is necessary to correct a technical error in the notice and listed criteria of approval used for the initial joint public hearing conducted on May 5, 2015. At that hearing staff referenced the approval criteria found in SDC 3.3-325—Willamette Greenway Overlay District, for establishing the location of the Greenway Setback Line. These criteria do not apply within the Glenwood Riverfront Mixed Use Plan District; instead the similar but separate criteria found in SDC 3.4-280 (D) and (L) are to be used for establishing the setback within the boundaries of the Glenwood Riverfront Mixed Use Plan District. In addition, criteria found in Oregon Administrative Rules (OAR) 660-015-0005 C. 3. k. are also applicable to this decision but were not included in the public notice for the May 5, 2015 joint public hearing and were not specifically addressed in the staff report. The unaddressed criteria in SDC 3.4-280 (D) and (L), and in OAR 660-015-0005 C.3.k.—Greenway Setback, are so similar in scope and purpose to the criteria of SDC 3.3-325, that the proposed location of the setback established in the initial hearing is unchanged for this hearing. ATTACHMENTS: 1. Staff Report and Recommendation 2. Application and Supporting Exhibits A-G. Exhibit G is a series of aerial photographs showing the proposed setback line. 3. 2004 Salix Report on the Establishment of the Willamette River Greenway Setback Line in Glenwood. DISCUSSION: 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. 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 3.4-280 (D) and (L) and in OAR 660-015-0005 C. 3. k. 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 3.4-280 (D) and (L) and in OAR 660-015-0005 C. 3. k. Staff recommends approval of the proposed setback line as submitted. Glenwood Greenway Setback TYP315-00002 June 16, 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: June 16, 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 42 Glenwood Greenway Setback TYP315-00002 June 16, 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 42 Glenwood Greenway Setback TYP315-00002 June 16, 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 42 Glenwood Greenway Setback TYP315-00002 June 16, 2015 Page 4 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. In 2014, the City adopted the Glenwood Riverfront Mixed Use District. Development standards for the district are contained in SDC 3.4-200. Specific direction for establishing the Greenway Setback Line within the Glenwood Riverfront District are found in SDC 3.4-280 (D) and (L). The proposed sestback is found by staff to be consistent with the standards for establishing the setback found in SDC 3.4-280 (D) and (L). The remainder of this report addresses the criteria for establishing the Greenway Setback Line in Glenwood. 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 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 42 Glenwood Greenway Setback TYP315-00002 June 16, 2015 Page 5 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 Attachment 1, Page 5 of 42 Glenwood Greenway Setback TYP315-00002 June 16, 2015 Page 6 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 42 Glenwood Greenway Setback TYP315-00002 June 16, 2015 Page 7 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 May XX, 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 May 27, 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 42 Glenwood Greenway Setback TYP315-00002 June 16, 2015 Page 8 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 within the Glenwood Riverfront Mixed Use District and are found in SDC Section 3.4-2.80 (D) and (L). Additional criteria are found in the Oregon Administrative Rules (OAR) 660-015-0005 C. 3. k.—Greenway Setback These standards are shown below. Establishment of the Greenway Setback Line and Permitted Uses—SDC 3.4-280 (D) and (L). “In the Glenwood Riverfront portion of the WG Overlay District, the Greenway Setback Line shall be established to protect, maintain, preserve, and enhance the natural, scenic, historic and recreational qualities of the Willamette Greenway. Only water-dependent and water-related uses are permitted between the Willamette River and the Greenway Setback Line. The location of the Greenway Setback Line shall be determined consistent with the criteria specified in Sections L.1., L.4., L.5., L.7., L.10., and L.11” (SDC Section 3.4-280 (D) (1)). SDC Section 3.4-280 (L) (1, 4, 5, 7, 10, and 11) 1. Any development, change of use or intensification of use permitted in the base zone shall be oriented toward the river between the Willamette Greenway Setback Line and the Willamette Greenway outer boundary. EXCEPTION: Proposed water-dependent and water-related uses listed in Subsection 3.4-280D.2. shall be permitted within the Greenway Setback Line. 4. The maintenance of public safety and protection of public and private property, especially from vandalism and trespass, shall be provided to the maximum extent practicable. 5. The natural vegetative fringe along the river shall be enhanced, protected and maintained in order to assure scenic quality and viewpoints, protection of wildlife, protection from erosion and screening of uses from the river. 7. Recreational needs shall be satisfied as specified in the Glenwood Refinement Plan and/or this Plan District. 10. Significant fish and wildlife habitats shall be protected to the maximum extent practicable. Attachment 1, Page 8 of 42 Glenwood Greenway Setback TYP315-00002 June 16, 2015 Page 9 11. Significant natural and scenic areas, viewpoints and vistas shall be protected to the maximum extent practicable. OAR 660-015-0005 C. 3. k.—Greenway Setback k. “A setback line will be established to keep structures separated from the river in order to protect, maintain preserve and enhance the natural, scenic, historic and recreational qualities of the Willamette River Greenway, as identified in the Greenway Inventories. The setback line shall not apply to water- related or water-dependent uses.” The referenced Greenway Inventories are listed in OAR 660-015- 0005 B. 1-15. Findings: “1. Any development, change of use or intensification of use permitted in the base zone shall be oriented toward the river between the Willamette Greenway Setback Line and the Willamette Greenway outer boundary.” 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 3.4-280 standards invoked above for any change or intensification of use, or construction that has a significant visual 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 3.4-280 L. 1.) is met.” Staff Finding: Finding #9. The phrase, “shall be oriented toward the river…” concerns the direction a building or development would face, and how close it would come to the river. 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). “4. The maintenance of public safety and protection of public and private property, especially from vandalism and trespass, shall be provided 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. Attachment 1, Page 9 of 42 Glenwood Greenway Setback TYP315-00002 June 16, 2015 Page 10 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 3.4-280 L. 4.) is met.” Staff Findings: Finding #10. 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. 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. “5. The natural vegetative fringe along the river shall be enhanced, protected and maintained in order to assure scenic quality and viewpoints, protection of wildlife, protection from erosion and screening of uses from the river.” Applicant’s Statement: “This standard uses the term “natural vegetative fringe along the river,” which the Glenwood Riverfront Natural Resources Inventory (Exhibit F) 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 is 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 Attachment 1, Page 10 of 42 Glenwood Greenway Setback TYP315-00002 June 16, 2015 Page 11 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 3.4-280 L. 5.) is met.” Staff Findings: Finding #11. 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: “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 #12. 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 #13. 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 #14. 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 11 of 42 Glenwood Greenway Setback TYP315-00002 June 16, 2015 Page 12 Finding #15. 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 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 #16. 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 will protect the existing vegetated fringe along the river. Current development and past disturbance on the subject properties have created conditions 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. This standard is met. “7. Recreational needs shall be satisfied as specified in the Glenwood Refinement Plan and/or this Plan District.” 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. Figure 5. Excerpt Map 2 Proposed Park and Recreation Projects Willamalane Park and Recreation Comprehensive Plan, 10/14 Attachment 1, Page 12 of 42 Glenwood Greenway Setback TYP315-00002 June 16, 2015 Page 13 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. 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 Attachment 1, Page 13 of 42 Glenwood Greenway Setback TYP315-00002 June 16, 2015 Page 14 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 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 3.4-280 L. 7.) is met.” Figure 6. Excerpt from Map 2-4, Proposed Multi-Use Paths and Trails, 2012 Willamalane Park and Recreation Comprehensive Plan Attachment 1, Page 14 of 42 Glenwood Greenway Setback TYP315-00002 June 16, 2015 Page 15 Staff Findings: Finding #17. 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 #18. The 2014 Glenwood Refinement Plan identifies policies relating to the establishment of a “Riverfront Multi-Use Path.” The path, by definition will be located within the vicinity of the Greenway Setback Line. One policy states, “Partner with Willamalane Park and Recreation District, property owners, and private developers to fund, design, and construct the path” (SDC Appendix 3, C.5.a., Glenwood Refinement Plan, page 77). Another policy states, “Collaborate with Willamalane and others as appropriate to: develop river edge variety along the linear park corridor, as conceptually depicted in Figures 10 and 14; protect lands within the coterminous Riparian and Willamette Greenway Setback area; integrate a variety of passive recreation spaces with abutting natural resources; and implement riparian protection and enhancement measures and stormwater management features” ( SDC Appendix 3 B.6.b., Glenwood Refinement Plan, page 98). Finding #19. 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 #20. 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. Finding #21. 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 #22. 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 #23. 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.” Attachment 1, Page 15 of 42 Glenwood Greenway Setback TYP315-00002 June 16, 2015 Page 16 Finding #24. 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 #25. 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 #26. 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: The Glenwood Refinement Plan calls for partnering with Willamalane Park and Recreation District to develop a multi-use path along the riverfront. 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 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. This condition has been met. “10. Significant fish and wildlife habitats shall be protected to the maximum extent practicable.” 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: Attachment 1, Page 16 of 42 Glenwood Greenway Setback TYP315-00002 June 16, 2015 Page 17 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 3.4-280 L. 10.) is met.” Staff Findings: Finding #27. 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 #28. 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 #29. 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 Attachment 1, Page 17 of 42 Glenwood Greenway Setback TYP315-00002 June 16, 2015 Page 18 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 #30. 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. Finding #31. 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 #32. 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. 3 Springfield Development Code Section 4.3-115 A (1). 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. Attachment 1, Page 18 of 42 Glenwood Greenway Setback TYP315-00002 June 16, 2015 Page 19 Table 2. Rare Species of Fish and Wildlife Known to Occur Within 2 Miles of the Study Area. 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 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] 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 Common Name Scientific Name Category Federal Status State Status Habitat Requirements 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 19 of 42 Glenwood Greenway Setback TYP315-00002 June 16, 2015 Page 20 Figure 7. Aerial photo showing where Schirmer-Satre staff conducted on-site habitat assessments. Finding #33. 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 #34. 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 20 of 42 Glenwood Greenway Setback TYP315-00002 June 16, 2015 Page 21 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 #35. 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 #36. 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. Attachment 1, Page 21 of 42 Glenwood Greenway Setback TYP315-00002 June 16, 2015 Page 22 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. “11. Significant natural and scenic areas, viewpoints and vistas shall be protected to the maximum extent practicable.” 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 3.4-280 L. 10.) is met. Staff Findings: Finding #37. 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 Attachment 1, Page 22 of 42 Glenwood Greenway Setback TYP315-00002 June 16, 2015 Page 23 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. 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 #38. 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 #39. 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. OAR 660-015-0005 C. 3. k.—Greenway Setback Section 3.4- 225 (A and B) states that in cases where “the development standards of the Glenwood Riverfront Mixed-Use Plan District conflict with local standards found in other Sections of this Code, the standards of the Plan District will prevail, unless there is a specific reference to another SDC Section. In that case, the referenced Section’s standards will prevail.” The section goes on to state that where “these development standards conflict with Federal and/or State regulations, the Federal and/or State regulations will prevail. (6279)” In 2013, the Oregon Land Use Board of Appeals (LUBA) issued a remand of the Glenwood Refinement Plan to correct an assignment of error that called for the city to “…demonstrate that the setback is based on protection of resources identified in the city’s acknowledged Greenway inventory” (LUBA No. 2012-077/078/079, page 45.). In its decision, LUBA was referencing the inventories mentioned in OAR 660-015-0005 C. 3. k. The reminder of this report responds to the criteria described in OAR 660- 015-0005 C. 3. k. and cites the inventories upon which the recommended Glenwood Greenway Setback Line are based. k. “A setback line will be established to keep structures separated from the river in order to protect, maintain preserve and enhance the natural, scenic, historic and recreational qualities of the Willamette River Greenway, as identified in the Greenway Inventories. The setback line shall not apply to water-related or water-dependent uses” [emphasis added]. The referenced Greenway Inventories are listed in OAR 660-015-0005 B. 1-15. 7 Glenwood Refinement Plan Update Project, Existing Conditions Report, pg. 67. Attachment 1, Page 23 of 42 Glenwood Greenway Setback TYP315-00002 June 16, 2015 Page 24 “Natural Qualities” Applicant’s Statement: “The Glenwood Riverfront Natural resources Inventory (Exhibit F) 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 is 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. 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- Attachment 1, Page 24 of 42 Glenwood Greenway Setback TYP315-00002 June 16, 2015 Page 25 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 (OAR 660-015-0005 C. 3. k., Natural Qualities) is met.” Staff Findings: Finding #40. 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 #41. 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 #42. 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.” Finding #43. 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 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. Attachment 1, Page 25 of 42 Glenwood Greenway Setback TYP315-00002 June 16, 2015 Page 26 Finding #44. 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. Finding #45. 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 #46. 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 #47. 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.8 Finding #48. 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. Finding #49. 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 #50. The City hired Schirmer -Satre Group used a qualified staff biologist9 to conduct on-site habitat assessments where property owners had given permission. The on-site assessment, coupled 8 Springfield Development Code Section 4.3-115 A (1). 9 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. Attachment 1, Page 26 of 42 Glenwood Greenway Setback TYP315-00002 June 16, 2015 Page 27 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. 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] 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 Common Name Scientific Name Category Federal Status State Status Habitat Requirements Attachment 1, Page 27 of 42 Glenwood Greenway Setback TYP315-00002 June 16, 2015 Page 28 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 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 28 of 42 Glenwood Greenway Setback TYP315-00002 June 16, 2015 Page 29 Figure 7. Aerial photo showing where Schirmer-Satre staff conducted on-site habitat assessments. Finding #51. 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 #52. 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 29 of 42 Glenwood Greenway Setback TYP315-00002 June 16, 2015 Page 30 prepared a similar report10 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 #53. 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 report11 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 #54. 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. 10 Site Inventory of Natural Resources, Shamrock Village Mobile Home Park, Coyote Ecological Services, August 2008, page 7. 11 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. Attachment 1, Page 30 of 42 Glenwood Greenway Setback TYP315-00002 June 16, 2015 Page 31 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. Finding #55. Establishment of the proposed Glenwood Greenway Setback is based on the Glenwood Natural Resources Inventory (Exhibit F). The Glenwood Natural Resources Inventory cites additional state and federal inventories of listed wildlife species for the Glenwood area. Conclusion: 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 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. 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 the natural qualities of the vegetative fringe and existing fish and wildlife habitat. “Scenic Qualities” 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 (OAR 660-015-0005 C. 3. k., Scenic Qualities) is met. Attachment 1, Page 31 of 42 Glenwood Greenway Setback TYP315-00002 June 16, 2015 Page 32 Staff Findings: Finding #56. The Eugene Springfield Metropolitan Area General Plan Natural Assets and Constraints Working Paper Section G—Scenic Sites defines standards for identifying scenic sites. Of the identified standards, “Moving Water” is rated as having “High Scenic Value” (page G-4). Glenwood has an abundance of moving water which creates the potential for establishing scenic sites and viewpoints as development occurs in the future. Finding #57. 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)12. Finding #58. 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 #59. 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 #60. 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. “Historic Qualities” Finding #61. The 2014 Glenwood Refinement Plan (page 161) cites the Historic Qualities section of the Environmental Design Element in the 1999 Glenwood Refinement Plan “as providing a brief historical sketch of Glenwood’s development from the 1850s to the 1980s.” The 1999 Plan did not include an inventory of historic resources. Finding #62. In 2010, the Springfield Historic Commission contracted with Historic Preservation Northwest to conduct a Reconnaissance Level Survey (RLS) to further investigate properties identified in a 2001 windshield survey as having potential historic resources. 12 Glenwood Refinement Plan Update Project, Existing Conditions Report, pg. 67. Attachment 1, Page 32 of 42 Glenwood Greenway Setback TYP315-00002 June 16, 2015 Page 33 Finding #63. The 2010 North Glenwood Reconnaissance Level Survey (http://www.ci.springfield.or.us/dpw/CommissionsCommittees/Historic/SupportFiles/2010%20North%2 0Glenwood%20RLS.pdf ) was conducted in coordination with an update of the Glenwood Refinement Plan to 1) to provide the City of Springfield with an informational basis for policy and planning decisions regarding management and protection of resources in Glenwood; 2) Provide Springfield residents with an assessment of the resources in Glenwood; and 3) to add to the body of knowledge maintained by the Oregon State Historic Preservation Office with regards to the historic resources within Springfield, Lane County, and the State of Oregon. Finding #64. The 2010 North Glenwood Reconnaissance Level Survey contains results (page 4.) which conclude, “This architectural survey examined 270 tax lots and found 473 structures. These 473 structures were tied to 214 addresses with many grouped in mobile home courts. Of the 214 resources, 149 are domestic, 53 are commercial, 8 are industrial, 1 is recreation, 1 is religion, and 1 is transportation related. Many of the resources in this neighborhood have undergone a great deal of alteration and addition. Of the 214 addresses, 50 (23%) can be considered contributing resources while 84 (39%) are too altered to be contributing and 80 (37%) are out of period (i.e. built after 1960).” Finding #65. The 2010 North Glenwood Reconnaissance Level Survey concludes (page 6), “The combined total of 164 (76%) of non-contributing plus non-period structures versus 50 (23%) for potentially contributing structures makes it unlikely that Glenwood could become a National Register Historic District. Of the 50 potentially contributing resources, most would only be eligible for listing as part of a larger context, such as a District or Multiple Property Submission. They appear to lack the distinction for individual listing on the National Register, barring the discovery of their association with a significant person or event. However, eleven resources do have the potential for individual listing and warrant further examination.” Residential structures that warrant further examination for individual listing: 295 North Brooklyn Street 14 75 South Brooklyn Street 1690 South Brooklyn Street 3007 Franklin Boulevard 1780 Mississippi Avenue Commercial or industrial structures that warrant further examination for individual listing: 3600 Franklin Boulevard (Myrmo & Sons) 3698 Franklin Boulevard 4206 Franklin Boulevard (Blue Cross Animal Hospital) Other Resources that warrant further examination for individual listing: 3787 Franklin Boulevard 3998 Franklin Boulevard (Ponderosa Village) 1625 Henderson Avenue (Midway Mano r) Finding #66. The 2010 North Glenwood Reconnaissance Level Survey inventoried those eleven historic resources that warrant further examination. They are located outside of the proposed Glenwood Greenway Setback Line. Attachment 1, Page 33 of 42 Glenwood Greenway Setback TYP315-00002 June 16, 2015 Page 34 Conclusion: The 2010 North Glenwood Reconnaissance Level Survey, in conjunction with the historic narratives found in the 1999 Glenwood Refinement Plan provides an adequate inventory of historic resources in Glenwood. Those historic resources with potential for individual listing on the National Register are located outside of the proposed Glenwood Greenway Setback Line. This criterion (OAR 660-015-0005, Historic Qualities) is met. “Recreational Qualities” 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. Figure 5. Excerpt Map 2 Proposed Park and Recreation Projects Willamalane Park and Recreation Comprehensive Plan, 10/14 Attachment 1, Page 34 of 42 Glenwood Greenway Setback TYP315-00002 June 16, 2015 Page 35 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. 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. Attachment 1, Page 35 of 42 Glenwood Greenway Setback TYP315-00002 June 16, 2015 Page 36 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 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 (OAR 660-015-0005, Recreational Qualities) is met.” Staff Findings: Finding #67. 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 #68. The 2014 Glenwood Refinement Plan, identifies policies relating to the establishment of a “Riverfront Multi-Use Path.” The path, by definition will be located within the vicinity of the Greenway Setback Line. One policy states, “Partner with Willamalane Park and Recreation District, property owners, and private developers to fund, design, and construct the path” (SDC Appendix 3, C.5.a., Glenwood Refinement Plan, page 77). Another policy states, “Collaborate with Willamalane and others as appropriate to: develop river edge variety along the linear park corridor, as conceptually depicted in Figure 6. Excerpt from Map 2-4, Proposed Multi-Use Paths and Trails, 2012 Willamalane Park and Recreation Comprehensive Plan Attachment 1, Page 36 of 42 Glenwood Greenway Setback TYP315-00002 June 16, 2015 Page 37 Figures 10 and 14; protect lands within the coterminous Riparian and Willamette Greenway Setback area; integrate a variety of passive recreation spaces with abutting natural resources; and implement riparian protection and enhancement measures and stormwater management features” ( SDC Appendix 3 B.6.b., Glenwood Refinement Plan, page 98). Finding #69. 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 #70. 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. Finding #71. 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 #72. 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 #73. 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 #74. 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 #75. 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 Attachment 1, Page 37 of 42 Glenwood Greenway Setback TYP315-00002 June 16, 2015 Page 38 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 #76. 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: The Glenwood Refinement Plan calls for partnering with Willamalane Park and Recreation District to develop a multi-use path along the riverfront. 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 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. This condition has been met. Supporting Inventories As previously mentioned, in 2013, the Oregon Land Use Board of Appeals (LUBA) issued a remand of the Glenwood Refinement Plan to correct an assignment of error that called for the city to “…demonstrate that the setback is based on protection of resources identified in the city’s acknowledged Greenway inventory” (LUBA No. 2012-077/078/079, page 45.). In its decision, LUBA was referencing the inventories mentioned in OAR 660-015-0005 C. 3. k. OAR 660-015-0005 C.3.k., states “A setback line will be established to keep structures separated from the river in order to protect, maintain preserve and enhance the natural, scenic, historic and recreational qualities of the Willamette River Greenway, as identified in the Greenway Inventories. The setback line shall not apply to water-related or water-dependent uses” [emphasis added]. The referenced Greenway Inventories are listed in OAR 660-015-0005 B. 1-15. It is not clear from subsection C.3.k. whether all 15 inventories were to be consulted or those that specifically concern themselves with “natural, scenic, historic and recreational qualities…” Out of an abundance of caution, staff has listed the 15 resource inventories that are cited in OAR 660- 015-0005 B. 1-15 and has provided a list of corresponding Springfield inventories, plans and reports which provide an informed basis for planning decisions, including the recommendation of a Greenway Setback Line for Glenwood. These inventories include: 1. All agricultural lands as provided in Goal 3. This includes all land currently in farm use as defined in ORS Chapter 215.203(2); Applicable Inventories and Databases: Glenwood is not designated for agricultural development. No applicable inventories exist or are required. 2. All current aggregate excavation and processing sites, and all known extractable aggregate sources; Attachment 1, Page 38 of 42 Glenwood Greenway Setback TYP315-00002 June 16, 2015 Page 39 Applicable Inventories and Databases: Eugene-Springfield Metropolitan Area General Plan (Metro Plan) Working Papers: Natural Assets and Constraints, Sand and Gravel Resources (Updated March 29, 1984). The working papers are adopted elements of the Metro Plan which inventory aggregate resources within the Eugene-Springfield area, including Glenwood. Riverfront property in South Glenwood was actively mined for sand and gravel until the 1970’s. The area is no longer mined. Glenwood, and specifically parcels within the Willamette Greenway Boundary, are not designated for Sand and Gravel. 3. All current public recreation sites, including public access points to the river and hunting and fishing areas; Applicable Inventories and Databases: The 2012 Willamalane Park and Recreation Comprehensive Plan is the acknowledged recreation plan for Springfield and Glenwood. The 2012 Plan contains an inventory and maps of existing recreational sites. The Plan also includes maps of planned facilities, including a riverfront linear park and multi-use path in the Glenwood area. The proposed Greenway Setback Line will not hinder the development of the park and path in Glenwood. 4. Historical and archaeological sites; Applicable Inventories and Databases: There are no published inventories of archaeological sites in the Glenwood area. The locations of archaeological sites are protected by the State Historic Preservation Office. As part of the Glenwood Refinement Plan Update Project, City staff requested information from the State Historic Preservation Office regarding any known below-ground historic resources in Glenwood. The State Archaeologist, Dennis Griffin, sent a response letter to the City dated March 19, 2009. Mr. Griffin stated that there are no known prehistoric archaeological resources in the area, and the only historic archaeological site in the State’s records is the railroad junction trestle built around 1926 near E. 19th Avenue. With respect to historic resources, the city commissioned The 2010 North Glenwood Reconnaissance Level Survey. The 2010 Survey inventoried sites and structures with potential for listing on the National Registry. The eleven sites that were identified are located outside of the proposed Glenwood Greenway Setback Line. 5. Timber resources; Applicable Inventories and Databases: Glenwood is not designated for Forest uses. No applicable inventories exist or are required. 6. Significant natural and scenic areas, and vegetative cover; Applicable Inventories and Databases: The proposed setback is based in large part on the Glenwood Natural Resources Inventory (Exhibit F). The inventory identifies and maps the extent of the vegetative fringe along the Willamette within the vicinity of the proposed setback. Additional inventory data is drawn from the Springfield Inventory of Natural Resource Sites (2004) and the Springfield Natural Resources Study (2005) which articulates a program for protection of wetland, riparian and upland natural resources. The Natural Resources Study was updated in 2011 to include additional Glenwood riparian and wetland sites. Attachment 1, Page 39 of 42 Glenwood Greenway Setback TYP315-00002 June 16, 2015 Page 40 7. Fish and wildlife habitats; Applicable Inventories and Databases: The proposed setback is based in large part on the Glenwood Natural Resources Inventory (Exhibit F). The inventory provides an assessment of fish and wildlife habitat along the Willamette within the vicinity of the proposed setback. Additional inventory data is drawn from the Oregon Biodiversity Center (ORBIC), the Springfield Inventory of Natural Resource Sites (2004) and the Springfield Natural Resources Study (2005). The Springfield Natural Resources Study articulates the City’s Goal 5 program for protection of wetland, riparian and upland natural resources. The Natural Resources Study was updated in 2011 to include additional Glenwood riparian and wetland sites. 8. Areas of annual flooding and flood plains; Applicable Inventories and Databases: The 2009 Eugene/Springfield Multi-Jurisdictional Natural Hazards Mitigation Plan maps and provides an inventory and assessment of flood risks and flood plains in the area, including Glenwood. Additional mapping is available through FEMA and the city’s Geographic Information System. The Glenwood Refinement Plan Update Project also provided details regarding flood hazard in the Glenwood area (page 74). 9. Land currently committed to industrial, commercial and residential uses; Applicable Inventories and Databases: The Glenwood Refinement Plan Update Project identifies land currently committed to industrial, commercial and residential uses (page 20 and following). The “Land Use Layer ” for the regions GIS database include land use codes which indicate whether land is vacant or developed, the value of the land and development and type of use the land is committed to; residential, commercial or industrial. This GIS source was the basis for identifying committed Glenwood land uses. 10. The ownership of property, including riparian rights; Applicable Inventories and Databases: The “Land Use Layer” for the region’s GIS database includes land ownership information as well as land use information. This database was used to identify landowners and to engage them in the process of locating the Greenway Setback on their property in Glenwood. 11. Hydrological conditions; Applicable Inventories and Databases: The United States Geological Survey (USGS) Water Watch web site provides up-to-date reports on hydrological conditions for both the Middle Fork and the Coastal Fork of the Willamette River which converge less than 1 mile upstream from Glenwood. This information is supplemented by the National Oceanic and Atmospheric Administration’s (NOAA) Northwest River Forecast Center’s online reporting for the Willamette River for the Eugene-Springfield area and the National Weather Service’s Advanced Hydrologic Prediction Service. 12. Ecologically fragile areas; Applicable Inventories and Databases: The proposed setback is based in large part on the Glenwood Natural Resources Inventory (Exhibit F). The inventory provides an assessment of fish and wildlife habitat along the Willamette within the vicinity of the proposed setback. The Glenwood riverfront was Attachment 1, Page 40 of 42 Glenwood Greenway Setback TYP315-00002 June 16, 2015 Page 41 screened for ecologically sensitive areas as part of the Glenwood Natural Resources Inventory. Additional inventory data was drawn from the Springfield Inventory of Natural Resource Sites (2004) and the Springfield Natural Resources Study (2005) which articulates a program for protection of wetland, riparian and upland natural resources. The Natural Resources Study was updated in 2011 to include additional Glenwood riparian and wetland sites. 13. Recreational needs as set forth in Goal 8; Applicable Inventories and Databases: The 2012 Willamalane Park and Recreation Comprehensive Plan is the acknowledged recreation plan for Springfield and Glenwood. The 2012 Plan contains an inventory and maps of existing recreational sites. The Plan also includes maps of planned facilities, including a riverfront linear park and multi-use path in the Glenwood area. The proposed Greenway Setback Line will not hinder the development of the park and path in Glenwood. 14. Other uses of land and water in or near the Greenway; Applicable Inventories and Databases: The Glenwood Refinement Plan Update Project identifies land committed to industrial, commercial and residential uses (page 20 and following). The “Land Use Layer ” for the regions GIS database include land use codes which indicate whether land is vacant or developed, the value of the land and development and type of use the land is committed to; residential, commercial or industrial. This GIS source was the basis for identifying committed Glenwood land uses. 15. Acquisition areas which include the identification of areas suitable for protection or preservation through public acquisition of lands or an interest in land. Such acquisition areas shall include the following: a. Areas which may suitably be protected by scenic easements; b. Scenic and recreational land for exclusive use of the public; c. Sites for the preservation and restoration of historic places; d. Public access corridor; e. Public parks; f. Ecologically fragile areas; and g. Other areas which are desirable for public acquisition may also be identified if the reasons for public acquisition for the Greenway are also identified. Applicable Inventories and Databases: In 1981, an update to the Willamette River Greenway Inventory that is contained in Section J of the Metro Plan Working Papers was adopted. The Inventory Map, Figure J-3, shows no ODOT “Possible Acquisition Areas” and no Metro Plan-Lane County Greenway Land Use Acquisition Sites in Glenwood. Several sites upstream from Glenwood were inventoried on Figure J-3, including lands which have been acquired by Willamalane Park and Recreation District along the Middle Fork of the Willamette River between Dorris Ranch Park and Clearwater Park. 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 Attachment 1, Page 41 of 42 Glenwood Greenway Setback TYP315-00002 June 16, 2015 Page 42 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 3.4-280 L. 5. 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 standards found in SDC 3.4-280 (D) and (L)are very similar to the criteria used by Salix. 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 Greenway Setback Line found in SDC 3.4-280 (D) and (L). Staff identified additional inventory criteria for establishing the Greenway Setback Line in OAR 660-015- 0005 C.3.k. The referenced Greenway Inventories are listed in OAR 660-015-0005 B. 1-15. At staff review of the listed inventories identifies the applicable inventories and databases which respond to OAR 660-015-0005 B. 1-5. These inventories were used to establish the original Greenway Boundary and the proposed Glenwood Greenway Setback Line. These inventories support the proposed location of the Glenwood Setback Line. 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 34-280 (D) and (L). Attachment 1, Page 42 of 42 June 2, 2015 CITY OF SPRINGFIELD 225 Fifth Street, Springfield, OR 97477 Willamette Greenway Overlay District Development Establishment of Greenway Setback Line without Development For the Glenwood Riverfront WRITTEN STATEMENT In accordance with Glenwood Riverfront Mixed Use District requirements (SDC 3.4-280), this application shall demonstrate compliance with the criterial of approval specified in SDC 3.4-280 (D) and (L). Additional criteria are found in the Oregon Administrative Rules (OAR) 660-015-0005 C. 3. k.—Greenway Setback. This written statement describes the proposal and demonstrates that the proposal complies with the criteria contained in SDC 3.4-280 L1., L4., L5., L7., L10. and L.11; as well as those found in OAR 660-015-0005 C. 3. k.—Greenway Setback. I. LAND USE REQUEST This land use request is for approval of the establishment of a Greenway Setback Line in Glenwood for the entire length of the Glenwood neighborhood’s frontage with the Willamette River where there is not an already- established Greenway Setback Line. As establishment of a Greenway Setback Line along Willamette River frontage is a required precursor to development where the Greenway Overlay District is applicable, approval of this application will assist with overall long-range planning for the Glenwood Riverfront as well as satisfy the requirement to establish the Greenway Setback Line for individual parcels. Glenwood Neighborhood Springfield, Oregon GoogleEarth, 2014 II. THE SITE AND EXISTING CONDITIONS A. Subject Property 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 Attachment 2, Page 1 of 43 City of Springfield, 225 Fifth Street, Springfield, OR 97477 Page 2 of 20 Willamette Greenway Overlay District Development Establishment of Greenway Setback Line without Development For the Glenwood Riverfront – Written Statement June 2, 2015 Schirmer Satre Group 375 West 4th Avenue, Suite 201, Eugene, OR 97401 (541) 686-4540 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 the attached 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. Plan Designations and Zoning Districts Glenwood Refinement Plan April 2014 Collectively, the Subject Property consists of approximately 63.34 acres, with 56.84 acres within the 19 tax lots, 4.74 acres in the Springfield Bridge Right-of-Way and 1.76 acres with the UPRR parcel. 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. A common occurrence is one of development right up to, or vary near to, 1 An inventory of property along the Glenwood Riverfront which already has an established Greenway Setback Line is documented in the attached 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 2, Page 2 of 43 City of Springfield, 225 Fifth Street, Springfield, OR 97477 Page 3 of 20 Willamette Greenway Overlay District Development Establishment of Greenway Setback Line without Development For the Glenwood Riverfront – Written Statement June 2, 2015 Schirmer Satre Group 375 West 4th Avenue, Suite 201, Eugene, OR 97401 (541) 686-4540 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. 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. (1) (2) (3) (4) (5) (6) B. Jurisdictional Status All of the Subject Property is within Springfield’s Urban Growth Boundary. However, none of the tax lots in the Subject Area are within the Springfield City Limits. The only portion of the Subject Property that is inside the city limits is the right-of-way associated with the Springfield Bridge crossing the Willamette River from Glenwood to Downtown Springfield. Given this, the Public hearing associated with this application will be a joint hearing with the Springfield Hearings official considering the request as it applies to the property outside the city limits and the Springfield Planning Commission considering the request as it applies to the area inside the city limits. C. Property Owner Involvement 1. Access Permission An inventory of affected tax lots, including ownership and contact information, was generated (all tax lots fronting the Willamette River through Glenwood which did not already have an approved Greenway Setback Line (see Exhibit A). From this, an informational letter was generated and sent to each property owner (see Exhibit C). The letter informed property owners of the project and included a request for permission to access their property to conduct necessary field work and to allow city surveyors to survey the setback line. Utilizing the Access Permission Form (see Exhibit D) which was included with the letter, permission was received to access 14 of the 19 tax lots. Utilizing that, the project’s environmental specialist established a schedule and, along with the city surveyor, conducted the field work. Where permission was not granted, various data sources were utilized to determine the setback line location, including visual observation from adjoining property, high resolution aerial photos and GIS data. Attachment 2, Page 3 of 43 City of Springfield, 225 Fifth Street, Springfield, OR 97477 Page 4 of 20 Willamette Greenway Overlay District Development Establishment of Greenway Setback Line without Development For the Glenwood Riverfront – Written Statement June 2, 2015 Schirmer Satre Group 375 West 4th Avenue, Suite 201, Eugene, OR 97401 (541) 686-4540 2. Property Owner Meeting(s) The informational letter included notice of an upcoming informational meeting and invited property owners to attend. The meeting was held at noon on a weekday at Roaring Rapids Pizza. The time and location, as the pizza parlor is right there in the neighborhood, was selected with the objective of making it convenient to attend. At the meeting, city staff made a presentation and staff and the consultant answered questions. In addition to the property owner meeting, city staff reached out to property owners via telephone and individual meetings when requested. D. Identifying and Locating the Setback Line 1. Environmental Analysis and Field Work Current and historic information was collected from a number of sources. Information was obtained from natural resource data bases as well as from field investigations. Data bases included organizations, such as the Oregon Biodiversity Information Center (ORBIC), for vegetation references, and state departments, such as the Oregon Department of Geology and Mineral Industries (DOGAMI) for mapping information. Field investigations followed the collection and analysis of data base and mapping information. Initial tax lot maps of the subject property area, with airphoto, river-associated data, such as topography, soils and top of bank features were generated. The river’s edge was then traversed, making observations, marking positions and noting conditions. The results of this work was then compiled into a detailed report, Glenwood Riverfront Natural Resources Inventory (see Exhibit F). 2. Surveying the Setback Line The City of Springfield Surveyor’s office and crew followed behind the environmental staff field work and surveyed the location of flagged points established by the environmental crew. The resulting line was then documented on a set of Greenway Setback Line Survey Maps (see Exhibit G). III. GLENWOOD RIVERFRONT MIXED-USE PLAN DISTRICT – ESTABLISHMENT OF GREENWAY SETBACK LINE – APPROVAL CRITERIA AND FINDINGS This section is presented in the same order of applicable requirements found in Section 3.4-280 (D) and (L), Establishment of the Greenway Setback Line, of the Springfield Development Code. Applicable sections of the Code are in bold italics, followed by proposed findings of fact in normal text. D. Establishment of the Greenway Setback Line and Permitted Uses. 1. Establishment of the Greenway Setback Line. In the Glenwood Riverfront portion of the WG Overlay District, the Greenway Setback Line shall be established to protect, maintain, preserve, and enhance the natural, scenic, historic and recreational qualities of the Willamette Greenway. Only water-dependent and water-related uses are permitted between the Willamette River and the Greenway Setback Line. The location of the Greenway Setback Line shall be determined consistent with the criteria specified in Sections L.1., L.4., L.5., L.7., L.10., and L.11. [emphasis added]. Attachment 2, Page 4 of 43 City of Springfield, 225 Fifth Street, Springfield, OR 97477 Page 5 of 20 Willamette Greenway Overlay District Development Establishment of Greenway Setback Line without Development For the Glenwood Riverfront – Written Statement June 2, 2015 Schirmer Satre Group 375 West 4th Avenue, Suite 201, Eugene, OR 97401 (541) 686-4540 L. Criteria. In the Glenwood Riverfront portion of the WG Overlay District, the applicant shall demonstrate compliance with the following criteria of approval: 1. Any development, change of use or intensification of use permitted in the base zone shall be oriented toward the river between the Willamette Greenway Setback Line and the Willamette Greenway outer boundary. Response to Criterion: 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 3.4-280 G, 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 3.4-280 standards invoked above for any change or intensification of use, or construction that has a significant visual 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 3.4-280 L. 1.) is met. 4. The maintenance of public safety and protection of public and private property, especially from vandalism and trespass, shall be provided to the maximum extent practicable. Response to Criterion: 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 3.4-280 L. 4.) is met. 5. The natural vegetative fringe along the river shall be enhanced, protected and maintained in order to assure scenic quality and viewpoints, protection of wildlife, protection from erosion and screening of uses from the river. Response to Criterion: This standard uses the term “natural vegetative fringe along the river,” which the Glenwood Riverfront Natural Resources Inventory (Exhibit F) 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 is 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. Attachment 2, Page 5 of 43 City of Springfield, 225 Fifth Street, Springfield, OR 97477 Page 6 of 20 Willamette Greenway Overlay District Development Establishment of Greenway Setback Line without Development For the Glenwood Riverfront – Written Statement June 2, 2015 Schirmer Satre Group 375 West 4th Avenue, Suite 201, Eugene, OR 97401 (541) 686-4540 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 3.4-280 L. 5.) is met. 7. Recreational needs shall be satisfied as specified in the Glenwood Refinement Plan and/or this Plan District. Response to Criterion: “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. Excerpt from Map 2 Proposed Park and Recreation Projects, Willamalane Park and Recreation Comprehensive Plan, October 2012 Attachment 2, Page 6 of 43 City of Springfield, 225 Fifth Street, Springfield, OR 97477 Page 7 of 20 Willamette Greenway Overlay District Development Establishment of Greenway Setback Line without Development For the Glenwood Riverfront – Written Statement June 2, 2015 Schirmer Satre Group 375 West 4th Avenue, Suite 201, Eugene, OR 97401 (541) 686-4540 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. 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 Attachment 2, Page 7 of 43 City of Springfield, 225 Fifth Street, Springfield, OR 97477 Page 8 of 20 Willamette Greenway Overlay District Development Establishment of Greenway Setback Line without Development For the Glenwood Riverfront – Written Statement June 2, 2015 Schirmer Satre Group 375 West 4th Avenue, Suite 201, Eugene, OR 97401 (541) 686-4540 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 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 3.4-280 L. 7.) is met.” 10. Significant fish and wildlife habitats shall be protected to the maximum extent practicable. Response to Criterion: 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 Attachment 2, Page 8 of 43 City of Springfield, 225 Fifth Street, Springfield, OR 97477 Page 9 of 20 Willamette Greenway Overlay District Development Establishment of Greenway Setback Line without Development For the Glenwood Riverfront – Written Statement June 2, 2015 Schirmer Satre Group 375 West 4th Avenue, Suite 201, Eugene, OR 97401 (541) 686-4540 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 3.4-280 L. 10.) is met.” 11. Significant natural and scenic areas, viewpoints and vistas shall be protected to the maximum extent practicable. Response to Criterion: 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 3.4-280 L. 10.) is met. IV. OREGON ADMINISTRATIVE RULES 660-015-0005 C. 3. K—GREENWAY SETBACK – APPROVAL CRITERIA AND FINDINGS Section 3.4- 225 (A and B) states that in cases where “the development standards of the Glenwood Riverfront Mixed-Use Plan District conflict with local standards found in other Sections of this Code, the standards of the Plan District will prevail, unless there is a specific reference to another SDC Section. In that case, the referenced Section’s standards will prevail.” The section goes on to state that where “these development standards conflict with Federal and/or State regulations, the Federal and/or State regulations will prevail. (6279)” In 2013, the Oregon Land Use Board of Appeals (LUBA) issued a remand of the Glenwood Refinement Plan to correct an assignment of error that called for the city to “…demonstrate that the setback is based on protection of resources identified in the city’s acknowledged Greenway inventory” (LUBA No. 2012-077/078/079, page 45.). In its decision, LUBA was referencing the inventories mentioned in OAR 660-015-0005 C. 3. k. The reminder of this report responds to the criteria described in OAR 660-015- 0005 C. 3. k. and cites the inventories upon which the recommended Glenwood Greenway Setback Line are based. k. “A setback line will be established to keep structures separated from the river in order to protect, maintain preserve and enhance the natural, scenic, historic and recreational qualities of the Willamette River Greenway, as identified in the Greenway Inventories. The setback line shall not apply to water-related or water-dependent uses.” The referenced Greenway Inventories are listed in OAR 660-015-0005 B. 1-15. Attachment 2, Page 9 of 43 City of Springfield, 225 Fifth Street, Springfield, OR 97477 Page 10 of 20 Willamette Greenway Overlay District Development Establishment of Greenway Setback Line without Development For the Glenwood Riverfront – Written Statement June 2, 2015 Schirmer Satre Group 375 West 4th Avenue, Suite 201, Eugene, OR 97401 (541) 686-4540 “Natural Qualities” Response to Criterion: The Glenwood Riverfront Natural Resources Inventory (Exhibit F) 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 is 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. 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. Attachment 2, Page 10 of 43 City of Springfield, 225 Fifth Street, Springfield, OR 97477 Page 11 of 20 Willamette Greenway Overlay District Development Establishment of Greenway Setback Line without Development For the Glenwood Riverfront – Written Statement June 2, 2015 Schirmer Satre Group 375 West 4th Avenue, Suite 201, Eugene, OR 97401 (541) 686-4540 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 (OAR 660-015-0005, Natural Qualities) is met. “Scenic Qualities” Response to Criterion: 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 (OAR 660-015-0005, Scenic Qualities) is met. “Historic Qualities” Response to Criterion: The 2014 Glenwood Refinement Plan (page 161) cites the Historic Qualities section of the Environmental Design Element in the 1999 Glenwood Refinement Plan “as providing a brief historical sketch of Glenwood’s development from the 1850s to the 1980s.” The 1999 Glenwood Refinement Plan contains a brief overview of the history of Glenwood but does not include an inventory of historic resources. In 2010, the Springfield Historic Commission contracted with Historic Preservation Northwest to conduct a Reconnaissance Level Survey (RLS) to further investigate properties identified in a 2001 windshield survey as having potential historic resources. Based on the initial windshield survey a more detailed inventory was prepared. The 2010 North Glenwood Reconnaissance Level Survey3 (2010 Survey) was conducted in coordination with an update of the Glenwood Refinement Plan to 1) to provide the City of Springfield with an informational basis for policy and planning decisions regarding management and protection of resources in Glenwood; 2) Provide Springfield residents with an assessment of the resources in Glenwood; and 3) to add to the body of knowledge maintained by the Oregon State Historic Preservation Office with regards to the historic resources within Springfield, Lane County, and the State of Oregon. 3 http://www.ci.springfield.or.us/dpw/CommissionsCommittees/Historic/SupportFiles/2010%20North%20Gle nwood%20RLS.pdf Attachment 2, Page 11 of 43 City of Springfield, 225 Fifth Street, Springfield, OR 97477 Page 12 of 20 Willamette Greenway Overlay District Development Establishment of Greenway Setback Line without Development For the Glenwood Riverfront – Written Statement June 2, 2015 Schirmer Satre Group 375 West 4th Avenue, Suite 201, Eugene, OR 97401 (541) 686-4540 The 2010 Survey contains results (page 4.) which conclude, “This architectural survey examined 270 tax lots and found 473 structures. These 473 structures were tied to 214 addresses with many grouped in mobile home courts. Of the 214 resources, 149 are domestic, 53 are commercial, 8 are industrial, 1 is recreation, 1 is religion, and 1 is transportation related. Many of the resources in this neighborhood have undergone a great deal of alteration and addition. Of the 214 addresses, 50 (23%) can be considered contributing resources while 84 (39%) are too altered to be contributing and 80 (37%) are out of period (i.e. built after 1960).” The 2010 Survey concludes (page 6), “The combined total of 164 (76%) of non-contributing plus non- period structures versus 50 (23%) for potentially contributing structures makes it unlikely that Glenwood could become a National Register Historic District. Of the 50 potentially contributing resources, most would only be eligible for listing as part of a larger context, such as a District or Multiple Property Submission. They appear to lack the distinction for individual listing on the National Register, barring the discovery of their association with a significant person or event. However, eleven resources do have the potential for individual listing and warrant further examination.” Residential structures that warrant further examination for individual listing: • 295 North Brooklyn Street • 1475 South Brooklyn Street • 1690 South Brooklyn Street • 3007 Franklin Boulevard • 1780 Mississippi Avenue Commercial or industrial structures that warrant further examination for individual listing: • 3600 Franklin Boulevard (Myrmo & Sons) • 3698 Franklin Boulevard • 4206 Franklin Boulevard (Blue Cross Animal Hospital) Other Resources that warrant further examination for individual listing: • 3787 Franklin Boulevard • 3998 Franklin Boulevard (Ponderosa Village) • 1625 Henderson Avenue (Midway Manor) The 2010 Survey inventoried those eleven historic resources that warrant further examination. The inventoried sites are located outside of the proposed Glenwood Greenway Setback Line. This criterion (OAR 660-015-0005, Historic Qualities) is met. “Recreational Qualities” Response to the Criterion: “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. Attachment 2, Page 12 of 43 City of Springfield, 225 Fifth Street, Springfield, OR 97477 Page 13 of 20 Willamette Greenway Overlay District Development Establishment of Greenway Setback Line without Development For the Glenwood Riverfront – Written Statement June 2, 2015 Schirmer Satre Group 375 West 4th Avenue, Suite 201, Eugene, OR 97401 (541) 686-4540 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. 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 Excerpt Map 2 Proposed Park and Recreation Projects Willamalane Park and Recreation Comprehensive Plan, 10/14 Attachment 2, Page 13 of 43 City of Springfield, 225 Fifth Street, Springfield, OR 97477 Page 14 of 20 Willamette Greenway Overlay District Development Establishment of Greenway Setback Line without Development For the Glenwood Riverfront – Written Statement June 2, 2015 Schirmer Satre Group 375 West 4th Avenue, Suite 201, Eugene, OR 97401 (541) 686-4540 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 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 (OAR 660-015-0005, Recreational Qualities) is met.” SUPPORTING INVENTORIES As previously mentioned, in 2013, the Oregon Land Use Board of Appeals (LUBA) issued a remand of the Glenwood Refinement Plan to correct an assignment of error that called for the city to “…demonstrate that the setback is based on protection of resources identified in the city’s acknowledged Greenway inventory” (LUBA No. 2012-077/078/079, page 45.). In its decision, LUBA was referencing the inventories mentioned in OAR 660-015-0005 C. 3. k. OAR 660-015-0005 C.3.k., states “A setback line will be established to keep structures separated from the river in order to protect, maintain preserve and enhance the natural, scenic, historic and recreational qualities of the Willamette River Greenway, as identified in the Greenway Inventories. The setback line shall not apply to water-related or water-dependent uses” [emphasis added]. The referenced Greenway Inventories are listed in OAR 660-015-0005 B. 1-15. It is not clear from subsection C.3.k. whether all 15 inventories were to be consulted or those that specifically concern themselves with “natural, scenic, historic and recreational qualities…” Out of an abundance of caution, staff has listed the 15 resource inventories that are cited in OAR 660-015-0005 B. 1-15 and has provided a list of corresponding inventories, plans and reports Attachment 2, Page 14 of 43 City of Springfield, 225 Fifth Street, Springfield, OR 97477 Page 15 of 20 Willamette Greenway Overlay District Development Establishment of Greenway Setback Line without Development For the Glenwood Riverfront – Written Statement June 2, 2015 Schirmer Satre Group 375 West 4th Avenue, Suite 201, Eugene, OR 97401 (541) 686-4540 which provide an informed basis for planning decisions, including the recommendation of a Greenway Setback Line for Glenwood. These inventories [in bold italics] include: 1. All agricultural lands as provided in Goal 3. This includes all land currently in farm use as defined in ORS Chapter 215.203(2); Applicable Inventories and Databases: Glenwood is not designated for agricultural development. No applicable inventories exist or are required. 2. All current aggregate excavation and processing sites, and all known extractable aggregate sources; Applicable Inventories and Databases: Eugene-Springfield Metropolitan Area General Plan (Metro Plan) Working Papers: Natural Assets and Constraints, Sand and Gravel Resources (Updated March 29, 1984). The working papers are adopted elements of the Metro Plan which inventory aggregate resources within the Eugene-Springfield area, including Glenwood. Riverfront property in South Glenwood was actively mined for sand and gravel until the 1970’s. The area is no longer mined. Glenwood, and specifically parcels within the Willamette Greenway Boundary, are not designated for Sand and Gravel. 3. All current public recreation sites, including public access points to the river and hunting and fishing areas; Applicable Inventories and Databases: The 2012 Willamalane Park and Recreation Comprehensive Plan is the acknowledged recreation plan for Springfield and Glenwood. The 2012 Plan contains an inventory and maps of existing recreational sites. The Plan also includes maps of planned facilities, including a riverfront linear park and multi-use path in the Glenwood area. The proposed Greenway Setback Line will not hinder the development of the park and path in Glenwood. See Findings #67 through #76 for additional details. 4. Historical and archaeological sites; Applicable Inventories and Databases: There are no published inventories of archaeological sites in the Glenwood area. The locations of archaeological sites are protected by the State Historic Preservation Office. As part of the Glenwood Refinement Plan Update Project, City staff requested information from the State Historic Preservation Office regarding any known below‐ground historic resources in Glenwood. The State Archaeologist, Dennis Griffin, sent a response letter to the City dated March 19, 2009. Mr. Griffin stated that there are no known prehistoric archaeological resources in the area, and the only historic archaeological site in the State’s records is the railroad junction trestle built around 1926 near E. 19th Avenue. With respect to historic resources, the city commissioned The 2010 North Glenwood Reconnaissance Level Survey. The 2010 Survey inventoried sites and structures with potential for listing on the National Registry. The eleven sites that were identified are located outside of the proposed Glenwood Greenway Setback Line. The Survey concluded that “The combined total of 164 (76%) of non-contributing plus non- period structures versus 50 (23%) for potentially contributing structures makes it unlikely that Glenwood could become a National Register Historic District. Of the 50 potentially contributing resources, most would only be eligible for listing as part of a larger context, such as a District or Multiple Property Submission. They appear to lack the distinction for individual listing on the National Register, barring the discovery of their association with a significant person or event. Attachment 2, Page 15 of 43 City of Springfield, 225 Fifth Street, Springfield, OR 97477 Page 16 of 20 Willamette Greenway Overlay District Development Establishment of Greenway Setback Line without Development For the Glenwood Riverfront – Written Statement June 2, 2015 Schirmer Satre Group 375 West 4th Avenue, Suite 201, Eugene, OR 97401 (541) 686-4540 5. Timber resources; Applicable Inventories and Databases: Glenwood is not designated for Forest uses. No applicable inventories exist or are required. 6. Significant natural and scenic areas, and vegetative cover; Applicable Inventories and Databases: The proposed setback is based in large part on the Glenwood Natural Resources Inventory (Exhibit F). The inventory identifies and maps the extent of the vegetative fringe along the Willamette within the vicinity of the proposed setback. Additional inventory data is drawn from the Springfield Inventory of Natural Resource Sites (2004) and the Springfield Natural Resources Study (2005) which articulates a program for protection of wetland, riparian and upland natural resources. The Natural Resources Study was updated in 2011 to include additional Glenwood riparian and wetland sites. See Findings #11-#16 for additional details. 7. Fish and wildlife habitats; Applicable Inventories and Databases: The proposed setback is based in large part on the Glenwood Natural Resources Inventory (Exhibit F). The inventory provides an assessment of fish and wildlife habitat along the Willamette within the vicinity of the proposed setback. Additional inventory data is drawn from the Oregon Biodiversity Center (ORBIC), the Springfield Inventory of Natural Resource Sites (2004) and the Springfield Natural Resources Study (2005). The Springfield Natural Resources Study articulates the City’s Goal 5 program for protection of wetland, riparian and upland natural resources. The Natural Resources Study was updated in 2011 to include additional Glenwood riparian and wetland sites. See Findings #40 through #55 for additional details. 8. Areas of annual flooding and flood plains; Applicable Inventories and Databases: The 2009 Eugene/Springfield Multi-Jurisdictional Natural Hazards Mitigation Plan maps and provides an inventory and assessment of flood risks and flood plains in the area, including Glenwood. Additional map information is shown on FEMA Map No. 41039C1142F and the city’s Geographic Information System. The Glenwood Refinement Plan Update Project also provided details regarding flood hazard in the Glenwood area (page 74). While Glenwood has areas of flood hazard, development within a flood hazard area is regulated by SDC Section 3.3-400 Floodplain Overlay District. The location of the proposed setback line will not negate or reduce the regulatory protections provided by the Overlay District. 9. Land currently committed to industrial, commercial and residential uses; Applicable Inventories and Databases: The Glenwood Refinement Plan Update Project identifies land currently committed to industrial, commercial and residential uses (page 20 and following). The “Regional Land use Information Database Land Use Layer ” (RLID) includes land use codes which indicate whether land is vacant or developed, the value of the land and development and type of use the land is committed to; residential, commercial or industrial. RLID is linked to the City’s GIS system, allowing staff to analyze land use and development within Glenwood. This GIS source was the basis for identifying committed land uses in Glenwood. 10. The ownership of property, including riparian rights; Applicable Inventories and Databases: The “Regional Land use Information Database Land Use Layer” (RLID) includes ownership information for all of the riverfront parcels that are affected by the proposed setback line. The information database also allows staff to identify residents and owners for Attachment 2, Page 16 of 43 City of Springfield, 225 Fifth Street, Springfield, OR 97477 Page 17 of 20 Willamette Greenway Overlay District Development Establishment of Greenway Setback Line without Development For the Glenwood Riverfront – Written Statement June 2, 2015 Schirmer Satre Group 375 West 4th Avenue, Suite 201, Eugene, OR 97401 (541) 686-4540 mailed notice of the action (parcels within 300 feet of the proposed line). This database was used to identify landowners and to engage them in the process of locating the Greenway Setback on their property in Glenwood. Riparian rights refers to property owner use of the river. Such uses often include boat docks, boat ramps or other water related –water dependent structures. No such structures are present in the subject area. Water related and water dependent uses are allowed within the Greenway Setback Line by state law and by SDC Section 3.4-280 D. 1. 11. Hydrological conditions; Applicable Inventories and Databases: The United States Geological Survey (USGS) Water Watch web site provides up-to-date reports on hydrological conditions for both the Middle Fork and the Coastal Fork of the Willamette River which converge less than 1 mile upstream from Glenwood. This information is supplemented by the National Oceanic and Atmospheric Administration’s (NOAA) Northwest River Forecast Center’s online reporting for the Willamette River for the Eugene-Springfield area and the National Weather Service’s Advanced Hydrologic Prediction Service. Hydrologic conditions relate to flood hazard. As mentioned above, the 2009 Eugene/Springfield Multi-Jurisdictional Natural Hazards Mitigation Plan maps and provides an inventory and assessment of flood risks and flood plains in the area, including Glenwood. Additional map information is shown on FEMA Map No. 41039C1142F and the city’s Geographic Information System. The Glenwood Refinement Plan Update Project also provided details regarding flood hazard in the Glenwood area (page 74). Glenwood has areas that are subject to flood hazard. Development within a flood hazard area is regulated by SDC Section 3.3-400 Floodplain Overlay District. The location of the proposed setback line will not negate or reduce the regulatory protections provided by the Overlay District. 12. Ecologically fragile areas; Applicable Inventories and Databases: The proposed setback is based in large part on the Glenwood Natural Resources Inventory (Exhibit F). The inventory provides an assessment of fish and wildlife habitat along the Willamette within the vicinity of the proposed setback. The Glenwood riverfront was screened for ecologically sensitive areas as part of the Glenwood Natural Resources Inventory. No ecologically sensitive areas were identified outside of the proposed setback area. Additional inventory data was drawn from the Springfield Inventory of Natural Resource Sites (2004) and the Springfield Natural Resources Study (2005) which articulates a program for protection of wetland, riparian and upland natural resources. The Natural Resources Study was updated in 2011 to include additional Glenwood riparian and wetland sites. 13. Recreational needs as set forth in Goal 8; Applicable Inventories and Databases: The 2012 Willamalane Park and Recreation Comprehensive Plan is the acknowledged recreation plan for Springfield and Glenwood. The 2012 Plan contains an inventory and maps of existing recreational sites. The Plan also includes maps of planned facilities, including a riverfront linear park and multi-use path in the Glenwood area. The proposed Greenway Setback Line will not hinder the development of the park and path in Glenwood. The proposed Greenway Setback Line will not hinder the development of the park and path in Glenwood. Attachment 2, Page 17 of 43 City of Springfield, 225 Fifth Street, Springfield, OR 97477 Page 18 of 20 Willamette Greenway Overlay District Development Establishment of Greenway Setback Line without Development For the Glenwood Riverfront – Written Statement June 2, 2015 Schirmer Satre Group 375 West 4th Avenue, Suite 201, Eugene, OR 97401 (541) 686-4540 14. Other uses of land and water in or near the Greenway; Applicable Inventories and Databases: The Glenwood Refinement Plan Update Project identifies land committed to industrial, commercial and residential uses (page 20 and following). RLID provides an information database which includes land use codes which indicates the present use of the land, whether land is vacant or developed, and the value of the land and development. This GIS source was the basis for identifying committed Glenwood land uses. 15. Acquisition areas which include the identification of areas suitable for protection or preservation through public acquisition of lands or an interest in land. Such acquisition areas shall include the following: a. Areas which may suitably be protected by scenic easements; b. Scenic and recreational land for exclusive use of the public; c. Sites for the preservation and restoration of historic places; d. Public access corridor; e. Public parks; f. Ecologically fragile areas; and g. Other areas which are desirable for public acquisition may also be identified if the reasons for public acquisition for the Greenway are also identified. Excerpt from Map J-3, Natural Assets and Constraints Working papers showing potential ODOT and Metro Plan-Lane County Greenway Acquisition Sites. No Greenway acquisition sites were identified in Glenwood. Applicable Inventories and Databases: In 1981, an update to the Willamette River Greenway Inventory that is contained in Chapter III, Section J of the Metro Plan Working Papers was adopted. The Inventory Map, Figure J-3, shows no ODOT “Possible Acquisition Areas” and no Metro Plan-Lane County Greenway Land Use Acquisition Sites in Glenwood. Several sites upstream from Glenwood were inventoried on Figure J-3, including lands which have been acquired by Glenwood Attachment 2, Page 18 of 43 City of Springfield, 225 Fifth Street, Springfield, OR 97477 Page 19 of 20 Willamette Greenway Overlay District Development Establishment of Greenway Setback Line without Development For the Glenwood Riverfront – Written Statement June 2, 2015 Schirmer Satre Group 375 West 4th Avenue, Suite 201, Eugene, OR 97401 (541) 686-4540 Willamalane Park and Recreation District along the Middle Fork of the Willamette River between Dorris Ranch Park and Clearwater Park. a. Areas which may suitably be protected by scenic easements. The 1999 Glenwood Refinement Plan (GRP) 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)4. b. Scenic and recreational land for exclusive use of the public. The 1981 Working Papers did not identify recreational or scenic land for acquisition in Glenwood. Several hundred acres just upstream of Glenwood were identified for acquisition in the 1981 Working Papers Section J, Figure J-3 were and acquired by Willamalane Parks and Lane County. c. Sites for the preservation and restoration of historic places. With respect to historic resources, the city commissioned the 2010 North Glenwood Reconnaissance Level Survey to inventory and evaluate potential historic resources in Glenwood. The Survey concluded that “The combined total of 164 (76%) of non-contributing plus non-period structures versus 50 (23%) for potentially contributing structures makes it unlikely that Glenwood could become a National Register Historic District. Of the 50 potentially contributing resources, most would only be eligible for listing as part of a larger context, such as a District or Multiple Property Submission. They appear to lack the distinction for individual listing on the National Register, barring the discovery of their association with a significant person or event. No sites worthy of acquisition were identified by the Survey. d. Public access corridor. The 2012 Willamalane Park and Recreation District Comprehensive Plan identified a planned linear park and multi-use path for the Glenwood Riverfront which will provide appropriate access to the Willamette River. Right-of-way acquisition for the riverfront multi-use path is being secured as annexation occurs. e. Public parks. The 2012 Willamalane Park and Recreation District Comprehensive Plan identified a planned linear park and multi-use path for the Glenwood Riverfront which will provide appropriate access to the Willamette River. Right-of-way acquisition for the riverfront multi-use path is being secured as annexation occurs. f. Ecologically fragile areas. The Glenwood Natural Resources Inventory did not identify any ecologically fragile along the riverfront that should be proposed for acquisition. g. Other areas which are desirable for public acquisition. In 1981, an update to the Willamette River Greenway Inventory that is contained in Chapter III, Section J of the Metro Plan Working Papers was adopted. The Inventory Map, Figure J-3, shows no ODOT “Possible Acquisition Areas” and no Metro Plan-Lane County Greenway Land Use Acquisition Sites in Glenwood. Several sites upstream from Glenwood were inventoried on Figure J-3, including lands which have been acquired by Willamalane Park and Recreation District along the Middle Fork of the Willamette River between Dorris Ranch Park and Clearwater Park. 4 Glenwood Refinement Plan Update Project, Existing Conditions Report, pg. 67. Attachment 2, Page 19 of 43 City of Springfield, 225 Fifth Street, Springfield, OR 97477 Page 20 of 20 Willamette Greenway Overlay District Development Establishment of Greenway Setback Line without Development For the Glenwood Riverfront – Written Statement June 2, 2015 Schirmer Satre Group 375 West 4th Avenue, Suite 201, Eugene, OR 97401 (541) 686-4540 V. CONCLUSION AND RECOMMENDATION This application proposes to “draw the setback line at the upland extent of the riparian vegetation or ten feet 10’ 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 criterion which apply to the alignment of the Greenway Setback Line for the subject property focus on appropriate recreational access, minimization of vandalism and trespass, protection and enhancement of the riparian fringe and protection of significant fish and wildlife habitat. The subject property is highly disturbed. What riparian fringe that exists along the river is in many locations very narrow, with urban development right up to the top of bank. The application indicates the width of the protecting the riparian vegetation ranges between 20 and 90 feet with a 10-foot minimum setback from top-of-bank. The proposed setback line protects the existing vegetation there is. 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. An environmental specialist, a wildlife and fisheries biologist, walked the site and developed a natural resources inventory and report for the subject property. 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 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 above information represents a brief outline of the project and applicable approval criteria. Based on the information and findings contained in this written statement, associated exhibits, it is believed that the criteria of approval contained in the Springfield Development Code have been met. Therefore, the applicant requests that the City of Springfield approve the request. Both the applicant and the applicant’s representative are available for questions. We look forward to working with staff to ensure this project meets the goals and objectives of the applicant and the city. If you have any questions regarding the above information, please do not hesitate to contact Rick Satre, AICP, ASLA, CSI, at Schirmer Satre Group, 541-686-4540, rick@schirmersatre.com. 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