HomeMy WebLinkAbout2009 10 06 Springfield Development Code Amendment LRP2009-00010MEMORANDUM CITY OF SPRINGFIELD
DATE OF HEARING: October 6, 2009
TO: Springfield Planning Commission PLANNING COMMISSION
TRANSMITTAL
FROM: Andy Limbird, AIC Planner III MEMORANDUM
SUBJECT: Springfield Development Code (SDC) Amendments Case Number LRP 2009-00010,
City of Springfield, Applicant
_________________________________________________________________________________________
_________________________________________________________________________________________
ISSUE
Conduct a public hearing and deliberations on the proposed SDC text amendments, which define and
reference the City’s adopted Stormwater Management Plan in various Code sections that address
stormwater management policies.
DISCUSSION
On July 22, 2009, the elected officials of the City of Springfield and Lane County met jointly and
conducted a public hearing on proposed amendments to the Metro Plan and the Public Facilities and
Services Plan (PFSP). At that hearing, testimony was provided raising concerns regarding the
potential downstream impacts to rural properties outside the Urban Growth Boundary (UGB) and
requesting that the City take additional steps to ensure that future urban development and stormwater
conveyance facilities do not negatively impact lands and property owners in the County outside the
City’s jurisdiction for stormwater management.
Since that meeting, City staff has engaged in a collaborative process with affected downstream
property owners and their representatives in response to their concerns raised by the Board at the
joint meeting. The purpose of the meeting was to clarify their concerns and to develop additional
stormwater policy guidance that will give property owners greater assurances that increased
stormwater runoff from future in-city development will not adversely affect downstream rural
properties. To address these concerns, staff recommended text amendments to the adopted
Stormwater Management Plan and the Springfield Development Code (SDC). The Stormwater
Management Plan amendments were adopted by City Council on September 21, 2009. City Council
also adopted the Metro Plan and PFSP amendments that same night. Staff are now presenting the
proposed SDC text amendments for consideration by the Planning Commission and City Council.
The proposed SDC text amendments will be presented to the City Council in a public hearing on
November 2, 2009.
RECOMMENDATION/ACTION REQUESTED
Review the revised text and advise the City Council, by motion and signature of the attached order
and recommendation by the Planning Commission Chairperson, to approve the proposed amending
Ordinance at their public hearing on November 2, 2009.
ATTACHMENTS
Attachment 1: SDC Amendment Staff Report
Attachment 2: Proposed Amending Ordinance
Attachment 3: Recommendation to City Council
ATTACHMENT 1
SDC TEXT AMENDMENTS
STAFF REPORT & FINDINGS
APPLICANT
City of Springfield – Case Number LRP2009-00010
REQUEST
The City of Springfield Planning Commission is asked to consider adoption of the following Springfield
Development Code (SDC) Text Amendments: Section 4.1-110.B, Infrastructure Standards –
Reference Standards; Sections 4.3-110.A and 4.3-110.B, Infrastructure Standards – Utilities; and
Section 6.1-110, Definitions.
BACKGROUND
The proposed SDC text amendments incorporate references to the City’s adopted Stormwater
Management Plan (“Management Plan”). The proposed amendments arise from testimony and
concerns expressed by Lane County property owners and the Board of County Commissioners during
the public hearing for amendments to the Public Facilities and Services Plan. The proposed SDC text
amendments describe and reinforce the interrelationship between the City’s adopted Development
Code and stormwater management policies and procedures contained in the Stormwater
Management Plan.
SPRINGFIELD DEVELOPMENT CODE CRITERIA FOR SDC AMENDMENTS
Section 5.6-115 of the Springfield Development Code establishes criteria that must be met in order to
approve this request:
“In reaching a decision on these actions, the Planning Commission and the City Council shall adopt
findings which demonstrate conformance to the following:
A. The Metro Plan;
B. Applicable State statutes; and
C. Applicable State-wide Planning Goals and Administrative Rules.”
A. The Metro Plan
“The Eugene-Springfield Metropolitan Area General Plan [Metro Plan] is the official long-range
general plan (public policy document) of metropolitan Lane County and the cities of Eugene and
Springfield. Its policies and land use designations apply only within the area under the jurisdiction
of the Plan. The Plan sets forth general planning policies and land use allocations and serves as
the basis for the coordinated development of programs concerning the use and conservation of
physical resources, furtherance of assets, and development or redevelopment of the metropolitan
area.” P. I-1
Staff Response and Findings
The proposed Development Code text amendments are intended to define and reference the
City’s adopted Stormwater Management Plan in various sections of the Code that address
stormwater management requirements. The SDC describes general requirements for stormwater
management procedures in the urbanized and urbanizable area. However, the adopted
Management Plan guides Springfield’s stormwater policy in accordance with City Council’s seven
Attachment 1-1
Key Outcomes for Stormwater. The Management Plan also outlines activities to ensure
compliance with State and Federal Clean Water Act and Endangered Species Act requirements.
The proposed SDC text amendments “close the loop” on these interrelated City regulatory and
policy documents to ensure specific stormwater policies and provisions in the Management Plan
are cited in the relevant Development Code sections.
The proposed text amendments are not designed to add, delete or amend the intent, purpose or
meaning of any of the SDC or Management Plan provisions, regulations, policies, or standards. In
addition, the proposed amendments will not change any policies or the implementation of policies
held forth in the Development Code (or adopted Stormwater Management Plan). The Springfield
Development Code implements Metro Plan policies, and the proposed text amendments do not
rise to the Metro Plan policy level (and, in fact, are the result of testimony and concerns expressed
by property owners and elected officials in the review of Metro Plan amendments). The proposed
text amendments, as with the adopted Development Code, would continue to implement the
Eugene-Springfield Metropolitan Area General Plan as demonstrated in the findings of Planning
Case LRP2007-00015 adopted on September 17, 2007. Therefore, there are no applicable Metro
Plan policies that apply to these proposed text amendments.
B. Applicable State Statutes
Staff Response and Findings
As stated under Criterion A, above, the proposed SDC text amendments insert a definition for the
City’s adopted Stormwater Management Plan (Section 6.1-110) and provide references to the
Management Plan in relevant sections of the Code that address stormwater management
regulations (Sections 4.1-110.B, 4.1-130.A, and 4.1-130.B). The City’s Development Code
(Section 2.1-115.B) refers to compliance and conformity with adopted City regulations and
policies, which includes the adopted Stormwater Management Plan.
Nothing contained in these proposed amendments is of sufficient magnitude, impact or effect to
rise to the level of assessment intended by the application of state statutes. In accordance with
ORS 197.610, notification of the proposed Development Code text amendments was sent to the
Oregon Department of Land Conservation and Development (DLCD) on August 19, 2009, more
than 45 days before the first evidentiary hearing on the matter. The DLCD will receive notice of
adoption upon final reading of the Ordinance and signature by the Mayor. The public hearings for
the proposed text amendments (Planning Commission – October 6; City Council – November 2)
were advertised in the Register Guard newspaper on September 23, 2009.
C. Applicable State-wide Planning Goals and Administrative Rules
Goal 1: Citizen Involvement - OAR 660-015-0000(1)
Goal 2: Land Use Planning - OAR 660-015-0000(2)
Goal 3: Agricultural Land - OAR 660-015-0000(3)
Goal 4: Forest Lands - OAR 660-015-0000(4)
Goal 5: Natural Resources, Scenic and Historic Areas, and Open Spaces - OAR 660-015-0000(5)
Goal 6: Air, Water and Land Resources Quality - OAR 660-015-0000(6)
Goal 7: Areas Subject to Natural Hazards - OAR 660-015-0000(7)
Attachment 1-2
Goal 8: Recreational Needs - OAR 660-015-0000(8)
Goal 9: Economic Development - OAR 660-015-0000(9)
Goal 10: Housing - OAR 660-015-0000(10)
Goal 11: Public Facilities and Services - OAR 660-015-0000(11)
Goal 12: Transportation - OAR 660-015-0000(12)
Goal 13: Energy Conservation - OAR 660-015-0000(13)
Goal 14: Urbanization - OAR 660-015-0000(14)
Goal 15: Willamette River Greenway - OAR 660-015-000(15)
Goal 16: Estuarine Resources - OAR 660-015-000(16)
Goal 17: Coastal Shorelands - OAR 660-015-000(17)
Goal 18: Beaches and Dunes - OAR 660-015-000(18)
Goal 19: Ocean Resources - OAR 660-015-000(19)
Staff Response and Findings
Goal 1 Citizen Involvement: The public hearings to consider these amendments were advertised
in the Register Guard newspaper on Wednesday, September 23, 2009. The public hearing
conducted by the Planning Commission is scheduled for October 6, 2009, and a public hearing
before City Council is scheduled for November 2, 2009. Additionally, the proposed Development
Code text amendments arise from testimony provided in the public hearings for amendments to
the adopted Public Facilities and Services Plan – a functional plan of the Metro Plan. This
complies with State-wide Planning Goal 1, Citizen Involvement.
Goal 2 Land Use Planning: Although these text amendments are additions to an existing land use
document, that document was adopted in compliance with the Goals; implements an
acknowledged comprehensive plan in compliance with the Goals; and therefore furthers the
state’s interest in the proper and appropriate observation of land use planning goals and
guidelines.
Goals 3-15. These amendments do not change any of the provisions, standards or regulations in
the adopted Development Code. Additionally, these amendments do not rise to the level of
assessment of impact or relation to the Goals contemplated by the state legislature or the Oregon
Land Conservation and Development Commission.
Goals 16-19. These goals do not apply because there are no coastal, ocean, estuarine, or beach
and dune resources within the City’s jurisdiction.
There are no State-wide Planning Goals or Administrative Rules that apply to this amendment or
that this amendment seeks to implement other than compliance with Goal 1, Citizen Involvement,
vis-à-vis public notice for these proposed amendments. Notice of the Planning Commission public
Attachment 1-3
Attachment 1-4
hearing was printed in the Eugene Register Guard on September 23, 2009 and placed on the
City’s web site.
CONCLUSION/RECOMMENDATION/REQUESTED ACTION
Staff has demonstrated consistency with criteria of approval listed in SDC Section 5.6-115; with
Metro Plan policies; with State statutes; and with State-wide Planning Goals and Administrative
Rules where such law applies to these amendments. Staff recommends the Planning
Commission approve the attached Order and forward a recommendation to the City Council for
adoption of amendments to Sections 4.1-110, 4.3-110, 4.3-130, and 6.1-110 of the SDC.
ORDINANCE NO._____________________________________
AN ORDINANCE AMENDING SECTIONS 4.1-110.B, 4.3-110.A, 4.3-110.B, AND 6.1-110 OF THE
SPRINGFIELD DEVELOPMENT CODE TO INCORPORATE THE ADOPTED STORMWATER
MASTER PLAN, BY REFERENCE, AND DEFINING THE TERM STORMWATER MANAGEMENT
PLAN, AND SETTING AN EFFECTIVE DATE.
THE COMMON COUNCIL OF THE CITY OF SPRINGFIELD ORDAINS AS FOLLOWS:
Section 1. Section 4.1-110.B is amended as follows:
4.1-110 Applicable Documents
B. Construction and design references for public improvements under City jurisdiction.
Specifications for the design, construction, reconstruction or repair of streets, alleys,
sidewalks, bus turnouts, accessways, curbs, gutters, street lights, traffic signals, street
signs, sanitary sewers, stormwater management systems, street trees and planter strips
within the public right-of-way, medians, round-abouts and other public improvements
within the city limits and the City’s urbanizable area are as specified in this Code, the
Springfield Municipal Code, 1997, the Stormwater Management Plan, the City’s
Engineering Design Standards and Procedures Manual, and the Public Works Standard
Construction Specifications. The Public Works Director retains the right to modify their
cited references on a case-by-case basis without the need of a Variance when existing
conditions make their strict application impractical.
Section 2. Subsections A and B of Section 4.3-110 are amended as follows:
4.3-110 Stormwater Management
A. Stormwater management regulations. By implementing the policies set for in the
currently approved Stormwater Management Plan, provide for the effective management
of stormwater and drainage from the City into the groundwater and watercourses within
the City and its urbanizing area; Minimize demand on the City’s stormwater management
system, and alleviate future costs of treating the discharge; Promote water quality; Preserve
groundwater and the vegetation and rivers it supports; Reduce peak storm flows; Minimize
public and private losses due to flood conditions; and Minimize stormwater discharge
impacts on water quality and quantity and stream flow patterns, including peak and base
flows in intermittent and perennial streams, within the McKenzie River and Willamette
River watersheds.
B. The Approval Authority shall grant development approval only where adequate public
and/or private stormwater management systems provisions have been made as
determined by the Public Works Director, consistent with the policies set forth in the
Stormwater Management Plan and the Engineering Design Standards and Procedures
Manual. The stormwater management system shall be separated from any sanitary sewer
system. Surface water drainage patterns shall be addressed on every Preliminary Site
Plan, or Tentative Partition or Subdivision Plan.
ATTACHMENT 2‐1
Section 3. Section 6.1-110 --Meaning of Specific Words and Terms is amended by adding thereto the
following definition for the term Stormwater Management Plan:
Stormwater Management Plan. A policy document adopted and, as modified from time to time,
approved by resolution of the City Council setting forth the policies and procedures to be used in
reviewing development proposals that alter or affect the natural, pre-development flow of stormwater.
These policies and procedures are to be applied to public and private improvements and allow City staff
to provide certainty to developers and consultants to permit them to design and submit for approval safe,
efficient, and cost effective stormwater management system projects within the City and its Urban
Growth Boundary.
Section 4. This ordinance shall take effect on the thirtieth day after it shall have been adopted by the
Council and approved by the Mayor.
ADOPTED this ____ day of __________, 2009, ____ councilors voting yes and ____ councilors voting
no.
APPROVED by the Mayor of the City of Springfield this ____ day of ______, 2009.
_______________________________________
Sidney W. Leiken,
Mayor
ATTEST:
Amy Sowa,
City Recorder
ATTACHMENT 2‐2
RECOMMENDATION TO THE CITY COUNCIL
BEFORE THE PLANNING COMMISSION
OF THE
CITY OF SPRINGFIELD
DEVELOPMENT CODE TEXT AMENDMENT ( RECOMMENDATION TO
TEXT AMENDMENT TO SECTIONS ( THE CITY COUNCIL
4.1-110, 4.3-110 AND 6.1-110 (
Case Number: LRP2009-00010 (
(
NATURE OF THE APPLICATION
The proposed Development Code text amendment will define and reference the City’s adopted Stormwater
Management Plan in various Code sections that address stormwater management policies and regulations.
1. The above referenced Development Code text amendment action was initiated in conjunction with the
adoption of amendments to the Public Facilities and Services Plan and Stormwater Management Plan in
September, 2009. Timely and sufficient notice of the public hearing, pursuant to Springfield Development
Code Section 5.2-115, has been provided.
2. The Development Code text amendment action is consistent with provisions of the adopted Metro Plan,
and applicable Oregon Administrative Rules and Oregon Revised Statutes as described in the attached
staff report.
3. On October 6, 2009, the Planning Commission held a public hearing regarding the proposed Development
Code text amendment. The staff notes, findings and recommendation together with the oral testimony and
written submittals of the persons testifying at that hearing have been considered and are part of the record
of this proceeding.
CONCLUSION
On the basis of this record, the proposed Development Code text amendment is consistent with the criteria of
SDC Section 5.6-115.A-C. This general finding is supported by the specific findings of fact and conclusion in
the Staff Report and Findings.
RECOMMENDATION
The Planning Commission hereby recommends to the City Council to approve the Development Code text
amendments, Case Number LRP2009-00010, as recommended herein and as more particularly described in
the adopting Ordinance, at their November 2, 2009 meeting.
__________________________________
Planning Commission Chairperson
ATTEST:
AYES: _____
NOES: _____
ABSENT: _____
ABSTAIN: _____
Attachment 3-1