HomeMy WebLinkAboutApplication APPLICANT 12/23/2020City of Springfield
Development & Public Works
225 Fifth Street
Springfield, OR 97477
SPRINGFIELD
W 0#/
Interpretation
Interpretation of new uses, terms or phrases will be reviewed under Type II procedure, unless the
Director determines that the application should be reviewed as a Type III decision by the Planning
Commission or Hearings Official due to the complexity of the application or the need for discretionary
review. Planning Policy issues that include, but are not limited to the Springfield Development Code,
ado ted refinement nlans or the Metro Plan shall be reviewed under T e IV rocedure.
Application Type
licant. check one)
,T
New Use: Type II T e III ClarifyPlanningPolicy:
a IV
Term or Phrase: T e II T e III
Required Project Information (Applicant.,
complete this
Applicant Name: Springfield Utilit Board
Phone: (541)689-3094
Company: Springfield Utilit Board
Fax:
Address: 1001 Main Street, Springfield, OR 97477
Applicant's Rep.: MichaelGelardi
Phone: (541) 689-3094
Company: Gelardi Law P.C.
Fax:
Address: P.O. Box 8529, Coburg, OR 97408
Property Owner: Springfield Utilit Board
Phone:
Company: Springfield Utilit Board
Fax:
Address: 1001 Main Street, Springfield, OR 97477
ASSESSOR'S MAP NO: 18-03-03-13
TAX LOT NOS :
101
Property Address: N/A
Size of Property: 6,48 Acres 9 square Feet ❑
Description of If you are filling in this form by hand, please attach your proposal description to this application.
Proposal: See attached application narrative.
Existing Use: See attached application narrative.
Signatures: Please si n and print your name and date in the appropriate
Required Project Information (City Intake Staff.
Associated Applications:
box on the next caae.
complete this section)
Signs:
Case No.:
Date:
Reviewed by:
Application Fee: $
Technical Fee: $
1 Postage Fee: $
TOTAL FEES: $
PROJECT NUMBER:
Revised 1/9/09 ddk 1 of 6
Signatures
The undersigned
acknowledges that the Information In this application is correct and accurate,
(,�/� Date: 1 ��
Signatfifilb
Jeff Nelson
If the applicant is not the owner, the owner hereby grants permission for the applicant to act in his/her behalf,
Owner:
Date:
Signature
Print
Revised 1/9/09 ddk 2 of 6
Section 5.11-100 Interpretations (Springfield Development Code)
5.11-105 Purpose
The purpose of an Interpretation is to:
A. Consider the applicability of new uses within each zoning district that are not specifically identified in this Code;
B. Clarify the meaning of terms or phrases found in this Code; or
C. Clarify planning policy contained in this Code, adopted refinement plans or the Metro Plan, or other policy
documents.
5.11-110 Authority
The Director shall have the initial authority and responsibility to interpret the appropriateness of new uses and the
meaning of all terns and phrases in this Code. The City Council shall have the authority to interpret planning policy
contained in this Code, adopted refinement plans or the Mehra Plan, or other policy documents.
5.11-115 Review
A request for an Interpretation of this Code concerning new uses and terms and phrases is reviewed under Type II
procedure, unless the Director determines that the application should be reviewed as a Type III decision by the Planning
Commission or Hearings Official due to the complexity of the application or the need for discretionary review. Planning
policy issues that include, but are not limited to this Code, adopted refinement plans or the Metro Plan is reviewed under
Type IV procedure.
5.11-120 Interpretation of New Uses
A. Application Submittal. The request shall include information on the following characteristics of the new use
1. A description of proposed structures and the operational characteristics of the new use.
2. Where commercial and industrial uses are involved, the following topics are considered:
a.
Emission of smoke, dust, fumes, vapors, odors, and gases;
b.
Use, storage and/or disposal of flammable or explosive materials;
C.
Glare;
d.
Use of hazardous materials that may impact groundwater quality;
e.
Noise;
f.
The potential for ground vibration; and
g.
The amount and type of traffic to be generated, parking required and hours of operation.
3. Where residential uses are involved, the following topics are considered:
a.
Density; and
b.
The amount and type of traffic to be generated and parking required.
Revised 1/9/09 ddk
B. Criteria. A new use may be considered to be a permitted use when, after consultation with the City Attorney or
other City staff, the Director determines that the new use:
1. Has the characteristics of one or more use categories currently listed in the applicable zoning district;
2. Is similar to other permitted uses in operational characteristics, including but not limited to, traffic
generation, parking or density; and
3. Is consistent with all land use policies in this Code which are applicable to the particular zoning district.
5.11-125 Interpretation of Terms or Phrases
A. Application Submittal. The request shall include:
1. The particular term or phrase requiring Interpretation; and
2. The applicant's statement describing what the particular term or phrase means.
B. Criteria. The Director shall interpret a tens or phrase, after consultation with the City Attorney and City staff. The
meaning of any tens or phrase:
1. Shall be consistent with the purpose and intent of this Code, including any Chapter or Section to which the
tens or phrase is related;
2. May be determined by legislative history, including staff reports and public hearing tapes and minutes; and
3. Shall be consistent with any dictionary of common usage, if criteria 1. and/or 2., above cannot be applied.
5.11-130 Interpretations Reviewed Under Type III and Type IV Procedure
A. Interpretations that the Director may elevate from a Type II to a Type III review shall follow the approval criteria
specified in either Section 5.11-120 or 5.11-125 depending upon the nature of the interpretation requested. In
addition, the Planning Commission or Hearings Official shall consider the Metro Plan and any refinement plans or
other policy documents of the City, where applicable.
B. The Planning Commission or Hearings Official, upon a finding in support of a particular Interpretation, shall make
a decision and may impose reasonable conditions to ensure compliance with the approval criteria.
C. Where there is an Interpretation of planning policy, the matter is forwarded to the City Council:
1. For consideration on the record;
2. To consider appropriate revisions to this Code to resolve the question; or
3. To revise or supplement a policy issue.
5.11-135 Effect of a Decision
An approved Interpretation is effective on the date of approval, unless appealed. An approved Interpretation may be
superseded by a subsequent Interpretation or a Code amendment.
Revised 1/9/09 ddk
Interpretation Application Process
1. Applicant Submits an Interpretation Application to the Development & Public Works
Department
The application must conform to the Interpretation Submittal Requirements
Checklist on page 6 of this application packet.
Planning Division staff screen the submittal at the front counter to determine
whether all required items listed in the Interpretation Submittal Requirements
Checklist have been submitted.
Applications missing required items will not be accepted for submittal.
2. City Staff Conduct Detailed Completeness Check
• Planning Division staff conducts a detailed completeness check within 30 days of
submittal.
• The assigned Planner notifies the applicant in writing regarding the completeness of
the application.
• An application is not be deemed technically complete until all information necessary
to evaluate the proposed development, its impacts, and its compliance with the
provisions of the Springfield Development Code and other applicable codes and
statutes have been provided.
• Incomplete applications, as well as insufficient or unclear data, will delay the
application review process and may result in denial.
3. City Staff Review the Application and Issue a Decision
A Type II decision, made after public notice, but without a public hearing, unless
appealed, is issued within 120 days of submittal of a complete application.
• Mailed notice is provided to property owners and occupants within 300 feet of the
property being reviewed and to any applicable neighborhood association. In
addition, the applicant must post one sign, provided by the City, on the subject
property.
• There is a 14 -day public comment period, starting on the date notice is mailed.
• Applications are distributed to the Development Review Committee, and their
comments are incorporated into a decision that addresses all applicable approval
criteria and/or development standards, as well as any written comments from those
given notice.
• Applications may be approved, approved with conditions, or denied.
• The City mails the applicant and any party of standing a copy of the decision, which
is effective on the day it is mailed.
• The decision issued is the final decision of the City but may be appealed within 15
calendar days to the Planning Commission or Hearings Official.
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Interpretation Submittal Requirements Checklist
NOTE: If you feel an item does not apply, please state the reason why and attach the
explanation to this form.
❑ Submitted Concurrently with Site Plan Review or Minimum Development Standards,
where applicable
Application Fee - refer to the Development Code Fee Schedule for the appropriate fee
calculation formula. A copy of the fee schedule is available at the Development & Public
Works Department. The applicable application, technology, and postage fees are collected
at the time of complete application submittal.
V1 Interpretation Application Form
❑ Interpretation of New Uses Narrative - explaining the proposal and any additional
information that may have a bearing in determining the action to be taken, including
findings demonstrating compliance with the Criteria described in SDC 5.11-120 B and
information on the following characteristics of the new use:
❑ Description of proposed structures and operational characteristics of the new use
❑ Commercial/Industrial Uses
❑ Emission of smoke, dust, fumes, vapors, odors, and gases
❑ Use, storage, and/or disposal of flammable or explosive materials
❑ Glare
❑ Use of hazardous materials that may impact groundwater quality
❑ Noise
❑ Potential for ground vibration
❑ Amount and type of traffic to be generated and parking required
❑ Hours of operation
❑ Residential Uses
❑ Density
❑ Amount and type of traffic to be generated and parking required
V1 Interpretation of Terms or Phrases Narrative - explaining the proposal and any
additional information that may have a bearing in determining the action to be taken,
including findings demonstrating compliance with the Criteria described in SDC 5.11-125
B, as well as the following information:
Particular term or phrase requiring interpretation
Applicant's statement describing what the particular term or phrase means
NOTE: Before the Director or Planning Commission can make an Interpretation, information
submitted by the applicant must adequately support the request. All of the Interpretation
Criteria must be addressed by the applicant. Incomplete applications, as well as insufficient or
unclear data, will delay the application review process and may result in denial.
Revised 1/9/09 ddk 6 of 6
EXHIBIT A
APPLICATION NARRATIVE
I. Terms Requiring Interpretation
Applicant Springfield Utility Board (" SUB'D seeks interpretation of the terms
`watercourse," ..riparian area" and `water quality limited watercourse" (which are defined
respectively in SDC 6.1-100), as these terms relate to the city's water quality rules at SDC 4.3-
115. SUB requests clarification on which watercourses and riparian areas depicted on the city's
Water Quality Limited Watercourse Map adopted pursuant to SDC 4.3-100 are subject to riparian
area restrictions under SDC 4.3-115A and B.
SUB also seeks clarification on which watercourses and riparian areas are regulated by
SDC 4.3-115C and how these regulations relate to the city's SDC 4.3-110 stormwater regulations
that are referenced in SDC 4.3-115C.
II. Applicant's Statement Describing Meaning of Terms
A. Context of Request
This request relates to the Land Use Board of Appeals' recent decision in Royal Blue
Organics v. City of Springfield, LUBA Nos. 2019-092/94/95/134. The Royal Blue case concerns
SUB's planned Glenwood substation and transmission line 17A, which are defined and approved
in a 2015 amendment to the Eugene -Springfield Metropolitan Area Plan Public Facilities and
Services Plan (the "Project'D.
Before LUBA, Royal Blue Organics challenged, among other things, the site plan review
approval issued by the city for the Project as it relates to development of a wetland on the proposed
substation site (the "Wetiand'D. Inits 2010 inventory of wetlands in Glenwood, the citydetermined
that the Wetland is "non-significant" under Statewide Planning Goal 5 and therefore the city
declined to adopt a program to preserve the Welland. The city's 2010 inventory of the Wefland
determined that it is primarily fed by rainwater, is more than one quarter mile from any water
quality limited watercourse (' WQLW ') and is not directly connected to any WQLW.
The city's Goal 5 rules at SDC 4.3-117 allow non-significant wetlands to be developed if
approved through the applicable federal and state environmental permits:
"Inventoried wetlands which are not deemed to be locally
significant shall not be subject to the development setbacks and
other protections described in this Subsection, but shall continue to
be protected under permitting authority of applicable Federal and
State agencies."
SDC 4.3-117(b)(1)(B). SUB has obtained all required federal and state environmental approvals
for SUB's planned fill of a portion of the Welland to facilitate construction of the substation. These
approvals include a Clean Water Act section 404 permit from the Army Corps of Engineers,
certification of compliance with state water quality standards from the Oregon Department of
Page 1 -EXHIBIT A 324\00031171.001
Environmental Quality ("DEQ'D, and a removal -fill permit from the Oregon Department of State
Lands.
Despite all this, LUBA remanded the city's site plan approval for the Project for the city to
apply additional SDC 4.3-115 water quality rules to SUB's proposed development of the Welland.
LUBA reasoned that the Welland is subject to these rules because it is a `watercourse" and the
Welland is shown on the city's WQLW map. LUBA's direction to the city for the remand is
unclearl and LUBA's opinion canbe read to impose a riparian setback around the Welland.
SUB has appealed LUBA's wetland decision to the Oregon Court of Appeals, and Royal
Blue Organics has appealed other aspects of LUBA's decision to the court. Although SUB hopes
that the court will reverse LUBA's interpretation of the city's water quality rules, the court
frequently declines to issue opinions in land use cases. If the court declines to provide direction to
the city on the wetland issue, then the Project and other needed infrastructure throughout the city
could be in jeopardy. It is therefore important for the city to take action now to clarify the code
terms described above.
B. Meaning of Terms
The watercourses that are subject to riparian area setbacks and use restrictions under SDC
4.3-115A and B are the three categories of water quality limited streams depicted on the WQLW
map. Wetlands depicted on the map that are not within the riparian areas of these streams are not
subjectto SDC 4.3-115A and B. These wetlands, as well as floodways and floodplains are included
on the map solely for reference.
This interpretation is required by SDC 4.3-110, which establishes the WQLW map and the
criteria for designation of WQLWs in the city. As described in 4.3-11017 and the legend of the
WQLW map, the city's WQLWs are streams that do not meet state water quality standards
established under the framework of Section 303(d) of the federal Clean Water Act, as well as
tributaries of these streams. Wetlands outside of the riparian areas of these streams are not
regulated by Section 303(d) and are instead regulated by the Army Corps under section 404 of the
Clean Water Act. The Corps' 404 permitting process and associated water quality certification by
DEQ ensure that any wetland development does not impact the city's ability to meet water quality
standards.
The regulations in SDC 4.3-115C, by contrast, are not limited to WQLWs, but are for the
purpose of regulating the discharge of stormwater from development to watercourses and riparian
areas. SDC 4.3-115C sets forth development standards to protect water quality "as specified in
SDC 4.3-110." SDC 4.3-110 provides detailed technical requirements for managing stormwater
drainage. The SDC 4.3-115C rules therefore apply more broadly than the rules in 115A and B, but
regulate stormwater discharge to watercourses and riparian areas rather than development of these
areas themselves.
1 For example, LUBA states at one point that the Welland is "subject to protection under SDC 4.3-
115," but at another point LUBA states that " [i]t may be that compliance with state and federal
standards could provide a basis for the city to conclude that SDC 4.3-115 will be satisfied."
Page 2 -EXHIBIT A 324\00031171.001
III. Procedural Request
Although SUB's request for an interpretation of terms in the SDC is a Type II application,
the Planning Director has authority to elevate this application to a Type III proceeding before the
Planning Commission. See SDC 5.11-130. The Planning Commission in turn must forward the
interpretation for City Council review to the extent that the interpretation raises policy issues. See
5.11-130C. If the City Council issues the interpretation, then LUBA and the courts must defer to
this interpretation as long as the interpretation is a plausible reading of the SDC. This deference
standard has been established by the Oregon Supreme Court. See Siporen v. City ofMedford, 349
Or 247 (2010).
Given the important practical and policyissues created by LUBA's mistaken understanding
of the city's water quality rules, SUB requests that the Planning Director elevate this application
to the Type III process and urge the Planning Commission to forward the interpretation to the City
Council for consideration.
IV. Conclusion
SUB requests formal interpretation of certain city code terms used in the city's water
quality land use rules. SUB requests that the Planning Commission and the City Council participate
in this interpretation in order to protect the city's authority to manage its own regulations and
planning policy in light of the potential impact of LUBA's misunderstanding of city rules. Thank
you for your attention to this application.
Page 3 -EXHIBIT A 324\00031171.001
EXHIBIT B
LEGAL DESCRIPTION
Tax Lot 18-03-03-13-00101
Parcel 2 of Land Partition Plan No. 93-P0340, Lane County Official Records, in Lane County,
Oregon.
EXHIBIT B
EXHIBIT C
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