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HomeMy WebLinkAboutPacket, Pre PLANNER 5/2/2022Pre -Submittal Meeting Development and Public Works Department Reem 61 PRE -SUBMITTAL MEETING DATE: Tuesday, May 10, 2022 10:00 a.m. - 11:00 a.m. DPW Genferenee Room 616 Pre -submittal (Site Plan Review) #811 -22 -000107 -PRE 811-22-000048-PROJ Wildish Land Co. Assessor's Map: 18-03-02-20 TL: 2800, 3000, 3100, 3200 Address: 5001 Franklin Blvd. Existing Use: Vacant Applicant has submitted plans for placement of fill materials within the Willamette Greenway Planner: Melissa Carino Meeting: Tuesday, May 10, 202210:00 — 11:00 via Zoom VICINITY MAP 811 -22 -000107 -PRE Pre -submittal Meeting 18-03-02-20 TL 2800, 3000, 3100, 3200 5001 Franklin Blvd. Wildish Land Co. City of Springfield Development & Public Works 225 Fifth Street Springfield, OR 97477 Site Plan Review SPRINGFIELD W 0#/ 111- Site Plan Review Pre -Submittal: X❑ Major Site Plan Modification Pre -Submittal, ❑ Site Plan Review Submittal: ❑ Ma'or Site Plan Modification Submittal: ❑ Required Project Information (Applicant. complete this section) Applicant Name: Wildish Land Co. Phone: 541-485-1700 Company: Wildish Land Co. Email: KellyW@Wildish.com Address: P.O. Box 40310 Eugene, Oregon, 97404-0047 Applicant's Rep.: Kelly L. Wood Phone: 541-684-7785 Company: Wildish Sand & Gravel Co. Email: KellyW@Wildish.com Address: P.O. Box 40310 Eugene, Oregon, 97404-0047 Property Owner: Wildish Land Co./Eugene Allen Co. Phone: 541-485-1700 Company: Wildish Land Co./Eugene Allen Co. Email: KellyW@Wildish.com Address: P.O. Box 40310 Eugene, Oregon, 97404-0047 ASSESSOR'S MAP NO: 18-03-02-20 1 TAX LOT NOS :2800, 3000, 3100, 3200 Property Address: 5001 Franklin Blvd. Eugene, Oregon 97403 43.97 Size of Property: Acres © Square Feet ❑ Rroposed No. of 0 (zero) ) Proposed Name of Project: Wildish Plant 1 Fill Placement Description of If you are filling in this form by hand, please attach your proposal description to this application. Proposal: Placement of fill materials within the Greenway Overlay District to align and conform with the FEMA CLOMR-F Existing Use: Vacant Land New Impervious Surface Coverage (Including Bldg. Gross Floor Area): 0 (zero) sf Si natures: Please sign and Drint Mour name and date in the aoorociriate Required Project Information (City Intake Staff. Associated Applications: box on the next pacLe. complete this section) Signs: Pre -Sub Case No.: Date: Reviewed by: Case No.: Date: Reviewed by: Application Fee: $ Technical Fee: $ Posta a Fee: $ TOTAL FEES: $ PROJECT NUMBER: Revised 1/7/14 Id 1 of 11 City of Springfield Development & Public Works 225 Fifth Street Springfield, OR 97477 Site Plan Review SPRINGFIELD W 0#/ Type NEW (Applicant. dieck Site Plan Review Pre -Submittal: ❑X Major Site Plan Modification Pre-SubmittalApplication , L]Site Plan Review Submittal: ❑ Ma'or Site Plan Modification Submittal: ❑ Required Project Information (Applicant. complete this section) Applicant Name: Wildish Land Co. Phone: 541-485-1700 Company: Wildish Land Co. Email: KellyW@Wildish.com Address: P.O. Box 40310 Eugene, Oregon, 97404-0047 Applicant's Rep.: Kelly L. Wood Phone: 541-684-7785 Company: Wildish Sand & Gravel Co. I Email: KellyW@Wildish.com Address: P.O. Box 40310 Eugene, Oregon, 97404-0047 Property Owner: Eugene Water & Electric Board (EWEB) phone: 541-685-7000 Company: Eugene Water & Electric Board (EWEB) Email: Address: P.O. Box 10148, Eugene Oregon, 97440 ASSESSOR'S MAP NO: 18-03-02-20 1 TAX LOT NO(S): 3300 Property Address: No Address for this Tax Lot Size of Property: 2.06 (Map) Acres Q Square Feet ❑ Proposed No. of O(zero) Proposed Name of Project: Wildish Plant 1 Fill Placement Description of If you are filling in this form by hand, please attach your proposal description to this application. Proposal: Placement of fill materials within the Greenway Overlay District to align and conform with the FEMA CLOMR-F Existing Use: Vacant Land New Impervious Surface Coverage (Including Bldg. Gross Floor Area): 0 (zero) sf Si natures: Please sign and Drint Mour name and date in the acicirociriate Required Project Information (City Intake Staff., Associated Applications: box on the next Dace. complete this section) Signs: Pre -Sub Case No.: Date: Reviewed by: Case No.: Date: Reviewed by: Application Fee: $ Technical Fee: $ Posta a Fee: $ TOTAL FEES: $ PROJECT NUMBER: Revised 1/7/14 Id 1 of 11 DEVELOPMENT AND PUBLIC WORKS SPRINGFIELD 225 FIFTH STREET OREGON SPRINGFIELD, OR 97477 PHONE: 541.726.3753 FAX: 541.726.1021 www.spingfieldor.gov STORMWATER MANAGEMENT SYSTEM SCOPE OF WORK ----------- — (Arenbelow this bireJUIed ohd byAppliewo __— (Please return to Clayton MEachern @ City ofSprb4gtiield Deyelopwent and Public Works, Fan # 736-1021, Phone # 736-1036), enwd:cnaeurlern@sprirtglleldor.gov Project Name: Wildish Plant 1 Fill Placement Applicant: Assessors Parcel #: r8 -03 -02 -20 -TL 2800, 3000, 3100, 3200, 3300 Date: Land Use(s): Muted -Use Employment Phone #: Project Size (Acres): 45.87 acres Fax #: Approx. Impervious Area: 45.87 acres Email: Wildish Land Co. 541-485-1700 541-683-7722 KellyW@Wildish.mm Project Description (Include a copy of Assessor's map): The project consists of the placement of fill materials in the 75 -foot area located in between the 150 -foot Willamette -Greenway Overlay District Boundary and the 75 -foot Riparian Area Setback as required by the FEMA CLOMR-F Determination, DEQ's NPDES Permit, and both the City's Floodplain Permit and the Land, Drainage, and Alterations Permit (LDAP) from 2015-2016. Drainage Proposal (Public connection(s), discharge location(s), etc. Attach additional sheet(s) if necessary: Please see attached DEQ NPDES 1200-C Erosion and Sediment Control Plan (ESOP) and the City LDAP. Proposed Stormwater Best Management Practices: Please see attached DEQ NPDES 1200-C Erosion and Sediment Control Plan (ESCP) and the City LDAP. (Area below this line filled ohd by the City wadRehhrned k the Aaabehwd (At a nunimmn5 all boxes checked by the City on the front and backoftis sheet shall be subnutted or an application to be coniuletefor subauttal, afthough other requirentents atay be necess Drainage Study Type (EDSPM Section 4.03.2): (Note, UH may be substituted for Rational Method) ❑ Small Site Study—(use Rational Method for calculations) ❑ Mid -Level Development Study— (use Unit Hydrograph Method For calculations) ❑ Full Drainage Development Study— (use Unit Hydrogreph Method For calculations) Environmental Considerations: ❑ Wellhead Zone: ❑ Wedand/Riparian: ❑ Soil Type: Downstream Analysis: ❑ N/A ❑ Flow line for starting water surface elevation: ❑ Design HGL to use for starting water surface elevation: ❑ Manhole/Junction to take analysis to: ❑ Hillside Development: ❑ Floodway/Floodplain: ❑ Other Jurisdictions Return to Clayton McEachem @ City of Springfield, email: cmceachem@sprirgfreld-or,gov, FAX., (541) 736-1021 \ N.W.1/4.sSEC. T.8S.R.3 019-99 U 18030220 ....., Len C20 my �� C in�axx.�e,uw�xo 'wsmi° � o � o sig I � ironlw �� mt iW 2—ns l .� ]rttl2m2 lil — sao �C� 004 80� ' 3 i 00428• xm wo j O l � N I / I I I � I i 18030220 019-06 CITY OF SPRINGFIELD - SITE PLAN REVIEW APPLICATION NARRATIVE Wildish Land Co. P.O. Box 40310 Eugene, Oregon, 97408-0047 Project Name: Wildish Plant 1 Fill Placement Applicant Representative: Kelly Wood Email: KellvWPWlldlsh.com Phone: 541-684-7785 Dated: April 26, 2022 Project Location The property is located on the west bank of the Willamette River, and portions of the property lie within the 100 - year regulatory floodplain. The properties to be included in the Greenway Development application include: Township 18 South, Range 3 West, Section 2, Tax Lots 2800, 3000, 3100, 3200, and 3300. Please note that Township 18 South, Range 3 West, Section 3, Tax Lots 1500, 1700, and 1800 are included in the FEMA fill area described below, however they are not included in this development application because these parcels are located outside of the 150 -foot Greenway Overlay District Boundary project area. Deeds and Title Reports for the proposed project properties are attached (Attachment 1). Determinations and Permits Subsequent to the conclusion of aggregate operations at its Glenwood site "Plant 1", Wildish Land Co. ("Wildish") understood that future development at the site would require the properties to be elevated and removed from the floodplain zone. Per the Springfield Development Code for the Floodplain Overlay District, " (... ) New construction and substantial improvement of any commercial, industrial or other nonresidential structure shall have either the lowest floor, including basement, elevated to a level at least 1 foot above the base flood elevation, or (... )". Engineering calculations estimated that approximately 170,000 cubic yards of clean fill materials would be necessary to fill and grade the property for development. During a meeting with the City of Springfield and Wildish in November 2014, it was determined that multiple permits would be necessary for the fill project. In order to proceed with the fill project, Wildish would need: A determination that the following permits have been obtained from those Federal, State or local government agencies for which prior approval is required. These include: a) Land and Drainage Alteration Permit (LDAP) b) Type I Floodplain Overlay District Development c) DEQ NPDES 1200-C Permit for LDAP d) Federal Emergency Management Agency (FEMA) certification stating that the proposed development will not impact the pre -project Base Flood Elevations (BFEs), floodway elevations, or floodway data widths 2. A determination that the cumulative effect of any proposed development, when combined with all other existing and anticipated development, shall not increase the water surface elevation of the base flood more than 1 foot at any point. In November 2014, Brian Meiering of Schirmer Satre Group was contracted to complete a Biological Assessment, Essential Fish Habitat and Floodplain Habitat Assessment for the FEMA Conditional Letter of Map Revision Based on Fill (CLOMR-F) application. The completed assessment ("Habitat Assessment') (Attachment 2) is dated January 26, 2015, Revisions lune 30, 2015. As documented in the Habitat Assessment, the site primarily consists of a broad plain of compacted soils and gravels that support non-native grasses and forbs. The riparian edge that exists is very narrow, with a minimum 10 -foot setback from the top of bank. On June 10, 2015, Wildish received a letter from the Oregon Fish and Wildlife Service (OFWS) concurring with the Habitat Assessment that the proposed project "is not likely to adversely affect' bull trout and bull trout critical habitat (Attachment 3). In January 2015, Watershed Science & Engineering (WSE) completed a Hydraulic Analysis to Support CLOMR-F Biological Assessment, updated June 2015 (Attachment 4) ("Memorandum'). As documented in the Memorandum, WSE modeling determined that "in -channel velocity increases for the 100 -year flood are very small and will have no measurable impact on the channel". Wildish submitted an application to FEMA in March 2015 for a CLOMR-F Determination. The purpose of a CLOMR- F is specifically to allow FEMA to assess the potential impact of the proposed fill prior to initiation of the project. In September 2015, Wildish received the CLOMR-F Determination (Attachment 5) from FEMA. Subsequent to receiving the CLOMR-F Determination, Wildish sold a portion of Tax Lot 3800 to EWEB and tax lot numbers were modified. Per Agreement dated November 19, 2021 (Attachment 6), EW EB and Wildish determined it was in the interest of both parties for the EW EB parcel to remain a part of the CLOMR-F Determination. In September 2015, Wildish submitted to the City of Springfield an application for a Type I Floodplain Overlay District Development Permit. On October 29, 2015, the City approved the Type I Floodplain Overlay District Development application (Attachment 7) to allow the site to be filled as per the CLOMR-F application. In December 2015, Wildish submitted a Land and Drainage Alternation Permit (LDAP) application to the City of Springfield to revise an existing permit to allow an additional 150,000 cubic yards of material to be imported to the site. On March 10, 2016, the Land and Drainage Alteration Permit was issued (Attachment 8). In January 2016, Wildish submitted an application to Oregon DEC. for a Construction Stormwater Control Permit — 1200C ("DEQ NPDES Permit'). On March 10,2016, the DEC. NPDES Permit was received(Attachment 9). Please reference the Erosion and Sediment Control Plan (ESCP) for a detailed description of Best Management Practices utilized at the site. FILL OPERATIONS Between 2016 and 2020, Wildish imported approximately 80,000 cubic yards of material to the Plant 1 site. Between January and December 2021, Wildish imported approximately 50,000 cubic yards of material to the site from various projects in the nearby area. The engineering calculation of approximately 170,000 cubic yards of fill material is based upon filling up to the 75 - foot Riparian Setback as shown on the FEMA CLOMR-F Determination, the City of Springfield Floodplain Permit, the City of Springfield LDAP, and the DEQ NPDES Permit. Each of the permits are conditioned such that the applicant shall refrain from filling inside the Greenway Overlay District Boundary until a Greenway Development Permit is obtained. The fill footprint with its associated volume of materials is now approaching the Greenway Overlay boundary. In order to obtain the FEMA Letter of Map Revision (LOMR), Wildish needs to complete the fill project as delineated on the CLOMR-F Determination. 2022 PERMITTING Per Springfield Development Code (SDC), a prerequisite to the filing of a Willamette Greenway (WG) Overlay District permit in the Glenwood Riverfront is a Development Issues Meeting (DIM) as specified in Subsection 5.1- 120A., or a Pre -Application Report as specified Subsection 5.1-120B. On April 5, 2022, a DIM was conducted via video conferencing. Those in attendance included Melissa Carino (City Senior Planner), Michele Unbarger (City Plans Examiner), Kristi Krueger (Engineering Manager), Clayton McEachem (Public Works), Kristina Schmunk Kraaz (Assistant City Attorney), Nick Amann (SUB Electric), Steve Wildish (Wildish Vice President), and Kelly Wood (Wildish Sand and Gravel Co. Safety and Land Manager). As documented on the April 5, 2022 Notes (811 -22 -000047 -PRE —Attachment 10), City of Springfield staff have determined that in addition to the WG Overlay District Development permit application, a Site Plan Review is required for the placement of fill within the 75 -foot area located in between the 150 -foot WG Overlay District Boundary and the 75 -foot Riparian Area Setback. Based on this, a Greenway Development application and Site Plan Review are being submitted concurrently to allow Wildish to place fill materials up to the 75 -foot Riparian Setback to align and conform with the CLOMR-F Determination. Note that subsequent to the April 2022 Development Issues Meeting (DIM), City of Springfield staff confirmed that the 2016 LDAP remains active and in compliance. RELEVANT CRITERIA / STANDARDS 5.17-110 REVIEW Although voluntary, prospective applicants are generally encouraged to request a Development Issues Meeting (informal process) or Pre -Application (formal process) as specified in Section 5.1-120. Finding: The application recommendations in SDC 5.17-110 have been met. The applicant completed a Development Issues Meeting on April 5, 2022. 5.17-125 CRITERIA A. The zoning is consistent with the Metro Plan diagram, and/or the applicable Refinement Plan diagram, Plan District map, and Conceptual Development Plan. Finding: The development is limited to a change in elevation by fill which is in compliance with the Metro Plan diagram, and the Glenwood Refinement Plan, Plan District map, and Conceptual Development Plan. B. Capacity requirements of public and private facilities, including, but not limited to, water and electricity; sanitary sewer and stormwater management facilities; and streets and traffic safety controls shall not be exceeded and the public improvements shall be available to serve the site at the time of development, unless otherwise provided for by this Code and other applicable regulations. The Public Works Director or a utility provider shall determine capacity issues. Finding: This criteria is not applicable as there are no proposed or existing facilities. C. The proposed development shall comply with all applicable public and private design and construction standards contained in this Code and other applicable regulations. Finding: The development is limited to a change in elevation by fill which is in compliance with all applicable standards, regulations and existing permits (see Attachments). D. Parking areas and ingress -egress points have been designed to: facilitate vehicular traffic, bicycle and pedestrian safety to avoid congestion; provide connectivity within the development area and to adjacent residential areas, transit stops, neighborhood activity centers, and commercial, industrial and public areas; minimize driveways on arterial and collector streets as specified in this Code or other applicable regulations and comply with the ODOT access management standards for State highways. Finding: This criteria is not applicable as there are no proposed parking areas or ingress -egress points. E. Physical features, including, but not limited to: steep slopes with unstable soil or geologic conditions; areas with susceptibility of flooding; significant clusters of trees and shrubs; watercourses shown on the WQLW Map and their associated riparian areas; other riparian areas and wetlands specified in Section 4.3-117; rock outcroppings; open spaces; and areas of historic and/or archaeological significance, as may be specified in Section 3.3-900 or ORS 97.740-760, 358.905-955 and 390.235-240, shall be protected as specified in this Code or in State or Federal law. Finding: There are no unstable soil or geologic conditions, wetlands, or historic or archaeological areas on site. The proposed project will maintain and protect the 75 -foot Riparian Setback via Best Management Practices described in the DEQ Erosion and Sediment Control Plan (Attachment 9). As documented on the April 2, 2014 Notice of Decision (Attachment 11), the location of the Greenway Setback Line has been determined consistent with the standards derived from Section C.3 of the Willamette River Greenway Goal 15. Please reference the W ildish Plant 1- Willamette Greenway Overlay District Development application for relevant criteria/standards applicable to the Greenway Permit (SDC 3.3-325, SDC 3.3-330, SDC 3.4-280, and SDC 5.9-120). ATTACHMENTS 1. Deeds and Title Reports 2. Biological Assessment, Essential Fish Habitat and Floodplain Habitat Assessment 3. Oregon Fish and Wildlife Services (OFWS) Concurrence Letter 4. Watershed Science and Engineering (WSE) Hydraulic Analysis 5. FEMA CLOMR-F Determination 6. EWEB Agreement 7. City of Springfield Type I Floodplain Overlay District Development Permit B. City of Springfield Land and Drainage Alternation Permit 9. DEQ NPDES Construction Stormwater Control Permit -1200C 10. April 5, 2022 Development Issues Meeting Notes 11. Willamette River Greenway Setback Determination— Notice of Decision SITE PLAN for CLOMR-F APPLICATION WILOISH PROPERTIES, GLENWOOD NW 1/4 SEC. 2 T IS S, R S W W.M. NE 1/4 SEC. S T 18 S, 1 S W W.N. ASSESSOR'S MAP NO. 18-0E-05-11 TL No.'x 1500, 1900 k 1800 ASSESSOR'S MAP NO. 18-03-01-20 TL No. 2800 SPRINGFIELD, LANE COUNTY, OREGON FEBRUARY 25, 2015 04 88 8 1 p5 taA mw FEET OF i\ FILL=5,600CY eou�wm x xm[en war / .. •! TL /TL No 2800 G o \ 75 -Foot Riparian Setback \ 150 -Foot Greenway Overlay District Boundary levo svo`H 16 -Foot Perimeter Fence .roxn fin: Donn IOAOB Brom...H+NC kwBUHVHY[NG, INC. a ,n �Ouw,eawa.vm, ma,m IAO. 1 OP 2 - RZ �BmR 6 -Foot Perimeter LEGEND: $LALC I- - 100' ^I ne 16 LAST 1. �rti o sn IS 7TO E Is M HELr OTHISHEATTAT ___ .wL oLow: ne uro — "'— aEm, rca LV BAR YT9a(N ARUIiI�NAC [0119B9f . my slirwr smut an nen w,u r^ELmBRRN soms.m © s sB p ... ._ L m aruANr TAT - IT TEST Lm'A 1-1.L. p a`av' E IS, -INITY MAP SITE ® n wu. s! 51'51' XOI TO Ax! 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ESCP 31800 1�� Y � n . 7 7 Cubic Yards AE Zone , era g.ti' • _� � �L� 'Im ell x pt 6W '' y. �Z Lim INC 't 7 - � } 15320.9 .Y ;Afj Cubic Yards AE Zone 'Y 44�, 1 `b 9A DHW nl-n llb-.gh u�bsiw ---n ywd, wm..rwa —mPs s..eiwsl 1 inch =100 feet k VS) .n.w —Tbp fB.I O —,-AF "I iws nai ..dims 11.17 oas LF,,Id.IF b111g 1 inch = 100 fee[ Sg 9Co 133063 .8 Cubic Yards AE Zone', aav 1 't OHw ®a . ....... �a s I inch 100 feet souacE S OHW —.1B-11 o.mq Hgnv Hlgh aFi a^v.a.nrteM1 — 5'e�iree r,j'�m eJw smelw5l Qsw y— u. E e y q.sa. q 1 inch=100 feet 3 5 e � u 9E eXW Qei is —iop memt ryrsf �bn^E Al M51 ®eu ne ml (wsl E n5ize 1inch =loo feet 5 9F C Le Legentl cal.-.1�r�.w k�d— aE nnwsi ®m .�mii tws 1 inch = 500 feet cc Note: The CLOMR-F assumes fill will be placed vertically at the 75 -ft setback line. This will not change the results of the Biological Assessment. 430 EXISTING ELEVATION PLUS 1 FOOT) A2 Smlo'. 1-100ftl-W CROSS SECTION Al -A2^;,,,, s Q o w ioo zoo C suia.m=znvanioa saalNCEIE�o IGLENW0001, oa EI¢WIIOn3are In NAWAB. _ 480 470 460 61- 450 440 430 Note: The CLOMR-F assumes fill will be placed vertically at the 75 -ft setback line. This will not change the results of the Biological Assessment. 75' SETBACK � STOP OF BANK FROM TOP OF BANK " sal:o°=iaoxorlmnhl CROSS SECTION Cl —C2 e ^^� SPRINGFIELD(GLENWOOD. OR ouw EI¢WAasa!¢In WVDa ° 480 Di 470 460 450 440-- 430- 75' SETBACK 40430 75'SETBACK FROM TOP OF BANK =Onw m ,.., S¢la'. I--Ioo' lailecal CROSS SECTION D1 - D2 le- , o.. m�,J61 F scale.r=anvemoel`.`.^"...n...�.A...m..ma..."m sr GPRINGFIELOGLENWOOO).OR .m::.'..'".ma—m""�' �PPtapENT OF JhF �� N United States Department of the Interior FISH AND WILDLIFE SERVICE Oregon Fish and Wildlife Office 2600 SE 98'" Avenue, Suite 100 Portland, Oregon 97266 Phone: (503) 231-6179 FAX: (503) 231-6195 nn pdr i Reply To: 01 EOFW00-2015-R-0239 P�Ler �5 File Name: FEMA Wildlish Fill Project Ts Number: 15-606 M1Q,4"p TAILS: OIEOFW00-2015-R-0239 JUN 10 2015 Doc Type'. Final Luis Rodriguez, P.E., Chief Engineering Management Branch Federal Insurance and Mitigation Administration Federal Emergency Management Agency Washington, D,C. 20472 Subject: Proposed floodplain fill project (Case No: 15-10-0757C City of Eugene, Lane County, Oregon, Community No: 410122, 216 -AD) Dear Mr. Rodriguez: This letter responds to the Department of Homeland Security Federal Emergency Management Agency (FEMA) requirement for the Fish and Wildlife Service's (Service) review on proposed floodplain fill activity referred to as the Wildish Glenwood Project and its potential impacts bull trout (Salvelinus confluentus) and bull trout critical habitat, as listed under the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.), as amended (ESA). The purpose of the proposed action is to fill portions of the floodplain above base flood elevations at the Wildish Glenwood Project site in Springfield, Oregon, on the west bank of the Willamette River in Lane County, in order to reduce flood risk to future development. Proposed activities would include placing up to 170,000 cubic yards of fill across up to 34.72 acres in the project area. Of this proposed volume, up to 152,000 cubic yards will be placed within up to 25.63 acres of 100 year floodplains (FEMA, Zone AE). The fill will consist of a combination of clean materials including silty clay loam, river rock and other native materials. Staging will occur in upland areas, and silt fences and other best management practices will demarcate the fill boundary to minimize impacts outside of the fill footprints. The project will avoid any work in the Willamette River, proposed fill with not be placed within 75 feet of the top of bank, and a minimum amount of fill will be used to raise the surface to one foot above adopted base flood elevations. The Willamette River adjacent to the project site is designated as critical habitat for bull trout (75 FR 63898). However, the area is strictly migratory habitat for bull trout. It provides only minimal foraging opportunities and no spawning or rearing opportunities for the species. Bull trout are unlikely to be regularly present in the river adjacent to the project area. Based on the proposed project as described in the materials provided to us by Brian Meiering of Schirmer Satre Group on behalf of the Wildish Land Cc, and our known records of bull trout, the Service concurs with the determination that the proposed project "is not likely to adversely affect" bull trout and bull trout critical habitat for the following reasons: • The project will avoid working in the water of the Willamette River and no fill will be placed within 75 feet of the top bank of the river; • The portion of the Willamette River adjacent to the project area is only migratory habitat for bull trout; and • The proposed action is not expected to degrade critical habitat to an extent that is measurable or permanent. Therefore, the affects to bull trout and bull trout designated critical habitat are insignificant and discountable. This concludes informal consultation pursuant to section 7(a) (2) and 7(c) of the ESA. If information reveals effects of the action may affect listed species or critical habitat in a manner or to an extent not considered in this consultation; the action is subsequently modified in a manner that causes an effect to listed species or critical habitat that was not considered in this consultation; and/or, new species is listed or critical habitat is proposed that may be affected by this action, the Corps would need tore -initiate consultation. If you have further questions regarding this consultation, please contact Rebecca Migala or Chris Allen of my office at (503) 231-6179. Sincerely, eInson, Ph.D. G� State Supervisor Cc: Wildish Land Co. and Schirmer Satre Group 0 Federal Emergency Management Agency Washington, D.C. 20472 RECEIVED SEP 2 i 2015 September 15, 2015 WILI)ISFI THE HONORABLE SID LEIKEN CASE NO.: 15-10-0757C CHAIR, BOARD OF COMMISSIONERS, LANE COMMUNITY: LANE COUNTY, OREGON COUNTY (UNINCORPORATED AREAS) 125 EAST 8TH STREET COMMUNITY NO.: 415591 EUGENE, OR 97401 DEAR MR. LEIKEN: This is in reference to a request that the Federal Emergency Management Agency (FEMA) determine if the property described in the enclosed document is located within an identified Special Flood Hazard Area, the area that would be inundated by the flood having a 1 -percent chance of being equaled or exceeded in any given year (base flood), on the effective National Flood Insurance Program (NFIP) map. Using the information submitted and the effective NFIP map, our determination is shown on the attached Conditional Letter of Map Revision based on Fill (CLOMR-F) Comment Document. This comment document provides additional information regarding the effective NFIP map, the legal description of the property and our comments regarding this proposed project. Additional documents are enclosed which provide information regarding the subject property and CLOMR-Fs. Please see the List of Enclosures below to determine which documents are enclosed. Other attachments specific to this request may be included as referenced in the Determination/Comment document If you have any questions about this letter or any of the enclosures, please contact the FEMA Map Assistance Center toll free at (877) 336-2627 (877 -FEMA MAP) or by letter addressed to the Federal Emergency Management Agency, LOMC Clearinghouse, 847 South Pickett Street, Alexandria, VA 22304-4605. Sincerely, c _ — Luis Rodriguez, P.E., Chief Engineering Management Branch Federal Insurance and Mitigation Administration LIST OF ENCLOSURES: CLOMR-F COMMENT DOCUMENT CLOMR-F-DEN COMMENT DOCUMENT cc: Mr. James Wildish AGREEMENT Date: November 19, 2021 Between: ("Parties') Wildish Land Co. ("Wildish") 3600 Wildish Ln. P.O. Box 40310 Eugene, OR 97408 Eugene Water and Electric Board ("EWEB") P.O. Box 10148 Eugene, OR 97440-2148 Owner of Real Property located at Map Number 18-03-0220, Tax Lot 3300 Owner of Real Property located at Map Number 18-03-0232, Tax Lot 3800 WHEREAS, Wildish sold a portion of its Tax Lot 3800 to EWEB ("EWEB parcel") subsequent to receiving a CLOMR-F Determination on approximately 36 acres of its property, including the EWEB parcel. WHEREAS, Wildish is nearly complete in raising the elevation of its property subject to the CLOMR-F Determination. WHEREAS, EWEB has determined that it is in its best interest for the EWEB parcel to remain a part of the CLOMR- F Determination. WHEREAS, The EWEB parcel requires approximately 7,250 cubic yards (or more depending upon the setback determination) of fill materials to meet the requirements of the CLOMR-F Determination. NOW THEREFORE, Wildish and EWEB agree as follows: 1. Fill Materials Wildish will provide at no cost to EWEB approximately 7,250 cubic yards (or more depending upon the setback determination) of clean construction fill materials placed within Tax Lot 3800. Fill placement will be limited to the approved area situated between the 150 -foot Greenway Overlay District Boundary and the Railroad Right -of -Way. In accordance with the City of Springfield Land and Drainage Alteration Permit, all fill shall be clean material and shall be devoid of hazardous materials or other waste such as used asphalt and/or concrete. 2. Grading and Sloping Wildish will complete all grading and sloping in accordance with the CLOMR-F at no cost to EWER. Wildish will permanently stabilize the fill material through compaction with heavy equipment during fill placement and grading. 3. Temporary Stabilization Wildish will provide temporary stabilization, as needed, at no cost to EWEB. The fill is anticipated to be primarily granular material with a low potential for water or wind erosion. Temporary stabilization may include bio -berms, silt fencing, mulching, covering, and/or hydro -seeding. 4. Fencing Ata mutually agreeable time, (but not later than the development of either the Wildish or EWEB adjoining parcels), EWEB, at no cost to Wildish, will install a fence and gate to separate the adjoining parcels. The parties shall mutually agree upon the design and materials used in construction of the fence and gate. EUGENE WATER & ELECTRIC BOARD Name: Wally McCullough Title: Water Engineering Supervisor Signature: �[ aly— Digitally signed byby W�ly— Date: M 11[0 McCullough Date: 2021.12.01 ugh 14:40:17 -08'00' WILDISH LAND CO. F regonFt. Kale Bx... n, Govemoe March 10, 2016 Randy Hledik Wlldrsh Land Co. PO Box 40310 Eugene, OR 97404-0047 Department of Environmental Quality Western Re ion Eugene Office 165 E. r Avenue. Suite 100 Eugene; OR 97401 (541)686-7838 FAX (541) 686-7551 7-rY (541) 687-5603 Re: Construction Stomrwater Control Permit — 1200-C Issuance Fite No. 124549 / EPA No. ORR10-E383 % Permit No. 31356 Site Location: Wildish Glenwood Plant Site, 5001 Franklin Blvd, Springfield Lane County Dear Mr. Hledik: The Oregon Department of Environmental Quality DE has received your appplication and fees for reggistration fnr coverage under the Nations Po lutant Discharge Elimitatiion System (NPDES) Construction Stormwater Discharge Permit 1200-C (permit). DEQ is approving your registration under the permit. Please be aware that in addition to the fees submitted with this application, you will be assessed an annual fee for each additional year until your permit coverage is terminated (see below for details). Ira ortant Permit Provisions P ease review t re permit care ully. For all projects the permit: • Prohibits visible or measurable quantities of sediments from leaving the construction site and entering directly into surface waters, or to conveyance systems that discharge to surfaces waters, and prohibits violations of the state's in -stream water quality standards. If discharge of sediment occurs, Registrants are required to take corrective actions to stoopp the discharge to surface waters and submit a written report outlining the corrective actions taken. • Requires the Registrant to implement a Sediment and Erosion Control Plan that meets best management practices. • Requires daily inspections of erosion control measures when runoff is occurring. • Requires the Registrant to document all monitoring and inspections and to keep all records on site and updated. • Requires erosion control measures remain in place until soils are stabilized. • Mandates protection of all natural buffers around waters of the state unless additional BM -Ps are installed. For construction projects that discharge to 303(d) listed water bodiesfor turbidity (water clarity) or sedimentation or to water bodies covered under state Total , 2imum Daily Load pollution limits: Registrants must: implement additional best management practices on the site to treat, control or prevent sediment discharges to "impaired" water bodies. A map and table identifying the listed water bodies and affected river miles is available on DEQ's Web site at: http://www.deg.state.or.uslwq/stormwater/construction.htm asoon For phased projects: Submit a Sediment and Erosion Control Plan for any phases not submitted with your original application to this regional DEQ office Attention: Stormwater) at least 30 days prior to commencement of construction activities. The ylan will be reviewed, and if acceptable, you will be notified of approval either in writing or by e-mail if your e-mail address is on file with DEQ. If during project development, legal responsibility shifts from the present registrant (you) to another party, this permit must be transferred to the new responsible party. The application and fee associated with the permit transfer must be submitted to DEQ. The permit transfer form is available at htto:/,' www.deo.state.or.usiwq/wgorm eitidocs/forms nmttfrauul.ndf rstruchon activiacttvity is complete, submit a Notice of Termination Form to this office. If a Termination Form is not received, you will be billed the annual fee for I year this permit remains in effect. This fee will not beprorated. The form has and is available at: htto://www.deg.state.or.usiwu/stormwu eerleonstannl.htm Please read the permit for a complete description of termination requirements. Ilowever, in general terms, permit coverage may be terminated when the following conditions are met: • The registrant has completed all of the construction activities authorized by this permit -- o The site is stabilized, that is, landscaped with vegetation growing, and no exposed soil is present, o No further grading or soil disturbances will occur, and o Temporary erosion and/or sediment controls have been removed and properly disposed. • In addition, for a common plan of development or sale — All areas of the project, including portions that have been sold, must have achieved final stabilization (as described above) or be covered by a DEQ Small Lot Permit, the 1200-C, or the 1200 -CN. Finally, this permit does not authorize excavation or fill in state waterways, including wetlands, and does not replace the requirement for receiving authorization to do this type of work under Section 404 of the Clean Water Act. Please check the DEQ website at http://wivw.deg.sLate.or.us/m7q/stormwater/siormwater.htm for forms or information. If you have any questions about this permit, please contact Knsty Sewell in our Eugene Office at 54t-686-7858. Respectfully, Kathy Jabbbsen Water Quality Permit Coordinator Western Region—Eugene Office i acobsen.kathv.r,&.dea.state.or.us Enclosures: Permit and Notice of Termination form ec: Source File—DEQ—Eugene Permit Number: 1200-C Expiration Date: December 14, 2020 Page I of 30 GENERAL PERMIT NATIONAL POLLUTANT DISCHARGE ELEVFINATION SYSTEM STORMWATER DISCHARGE PERMIT smumoreo., Oregon Department of Environmental Quality o"r+' 811 SW Sixth Avenue, Portland OR 97204 Telephone: (503) 229-5279 or 1-800-452-4011 (toll free in Oregon) Issued pursuant to ORS 46813.050 and Section 402 of the Federal Clean Water Act REGISTERED TO: File No: 124549 Date: March 10, 2016 Permit No: 31356 Lane County Wildish Land Co. EPA: ORR10-E383 PO Box 40310 1.LID: 1227618456580 Eugene, OR 974040047 River Mile: 185.34999999999999 Location: Wildish Glenwood Plant Site, 5001 Franklin Blvd, Springfield SOURCES COVERED BY THIS PERMIT: The legally authorized representative (see Definitions) for construction activities (as defined below) that may discharge to surface waters or conveyance systems leading to surface waters of the state must register for coverage under this permit with DEQ before any land disturbance occurs, unless the construction activities are automatically covered as described in the 1200 -CN permit. - Construction activities including clearing, grading, excavation, materials or equipment staging and stockpiling that will disturb one or more acres and may discharge to surface waters or conveyance systems leading to surface waters of the state. Construction activities including clearing, grading, excavation, materials or equipment staging and stockpiling that will disturb less than one acre that are part of a common plan of development or sale if the larger common plan of development or sale will ultimately disturb one acre or more and may discharge to surface waters or conveyance systems leading to surface waters of the state. This permit also authorizes discharges from any other contraction activity (including construction -activity that disturbs less than one acre and is not part of a common plan of development or sale) designated by DEQ, where DEQ makes that designation based on the potential for contribution to an excursion of a water quality standard or for significant contribution of pollutants to waters of the state. This permit does not authorize the following: In -water or riparian work, which is regulated by other programs and agencies including the Federal Clean Water Act Section 404 permit program, the Oregon Department of State Lands, the Oregon Department of Fish and Wildlife, the U.S. Fish and Wildlife Service, the U.S. Army Corp of Engineers, the National Marine Fisheries Service, and the Department of Environmental Quality Section 401 certification program. Postconstructionstormwater discharges that originate from the site after completion of construction activities and fund stabilization. Discharges to underground injection control (UIC) systems. Effective: December 15, 2015 Lfydia,Umw, Operations Administrator Expiration Date: December 14, 2020 Attachment 10 April 5, 2022 811 -22 -000047 -PRE Development Issues Meeting for W ildish land Co. Willamette Greenway Fill Proposal 5001 Franklin Blvd. Map 18-03-02-20, TL 2800, 3000, 3100, 3200, 3300 Background/Proposal: Wildish Land Co. wants to submit a Willamette -Greenway Development Permit to place fill materials in the 75 -foot area located in between the 150' Willamette -Greenway Overlay District boundary and the 75' Riparian Area Setback as required by the FEMA CLOM R -F Determination, DEQ's NPD ES permit, and both the City's Floodplain Permit and the Land, Drainage, & Alterations Permit (LDAP) from 2015-2016. Site Information: The subject properties are in the Glenwood Neighborhood and Refinement Area as well as the City's Urban Growth Boundary (UG B). The properties are already annexed into City limits. The designation and zoning of these properties are both Employment Mixed -Use in Glenwood. The site is located just west of the Willamette River and is surrounded by more Employment Mixed -Use zoning in Glenwood. There is also Light -Medium Industrial zoning further to the west, and Low Density Residential zoning across the Willamette River. Natural Features Hazards: Willamette Greenway Overlay runs along the subject sites eastern property lines abutting Willamette River, which also includes a lot of hydric soils. Also, the majority of the subject properties are within Floodplain Zone A and the 500 -year flood areas. The adjacent Willamette River is considered part of the National Wetland Inventory and Riparian Resource Areas. CIA Given the limited scope of the proposed development (i.e., placement of fill materials), are we correct to assume that a Site Plan Review or Minimum Development Standards application are not applicable? Alternatively, if applicable, what would be the relevant criteria for that application? A: Melissa Carin"o, Project Planner, to respond Due to the amount of square footage being affected on the sites as well as the location in a Glenwood Mixed Use zoning district and the nearby water quality limited watercourse, a Minimum Development Standards (MDS) application is not applicable or eligible. A Site Plan Review (Type 2) and a Discretionary Willamette -Greenway (WG) Development Permit (Type 3) applications are required for the proposed request. The Site Plan is required because of the change in elevation by the fill proposed forthe subject sites. Future changes to the Site Plan can take the Site Plan Modification processes. The relevant criteria for a Site Plan Review can be found under the Springfield Development Code (SDC) Section 5.17-125. The relevant criteria/standards for the Greenway permit can be found under SDC 5.9-120, Discretionary Use Criteria and SDC 3.3-325, Standards for the Greenway Setback. We strongly recommend referring to SDC 3.4-280, Willamette Greenway Development Standards in the Glenwood Riverfront Portion of the WG Overlay District. Specific criteria are listed in SDC 3.4-280. L. Is another LDAP needed for this proposal to add fill? Past one has expired (typically, there is a 2 -years time limit) Q.2 What are the applicable application fees for the Greenway Development Permit? A: Melissa Cariho, Project Planner, to respond. The Greenway Setback Line has already been established for properties in Glenwood (SDC 3.3-325) Page 1 of 3 Willamette Greenway Overlay Development Permit application= $3,587 (application fee)+ $179.35 (tech fee) + $466 (postage fee) _ $4,232.35 Willamette Greenway rsuc -u) Greenway Setback Line alreadyesdbl9lietl City: 58,581 118.36 84E6 Type 111 U0B: $7572 5378.60 $pR ... and Sita Plan Review Greenway Setbeck eslabllshed Wo development City &UGB:$3,587 513.36 5156 Type 111 Greenway Samek Lan not alradyastebl§M ten:$7,14+931bera 6% 1. Tape IN <1e000Sq. M1 impenioussu,ww 11013:$10S25+711aww 5% $158 Type 11 Site Plan Review: SME P"N RENEW: Rf6 en loo Pro3ulanittal Meeting City: $e39 NIA NIA Required prior to submittal of Site Plan UG6: SW XIA NIA ... and Sita Plan Review Modi oadon- Major applicators. Slp Plan Reaaw CM .it USB: <1e000Sq. M1 impenioussu,ww 0,338 $381.10 $103 Type 11 10,0005q. I crgrevealmpervlouaaudam 55,338+5MID008q.11. 5% $193 She Plan Review Modil on - Major Gty: Sao" $25230 $193 Type 11 Site Plan Review Modilkation - Minor CK,, 81,588 $7680 NIA Typal UGB: $3,310 $11595 NIA Final Sile Plan EnniaiderR CI .$068 $2a" NIA Typal real Site Plan Revlewl0evelopmerrt See Speclal lnslruglms 1111> 1>11 Typal - Final site plan and development Aaeran. agreement ke is 10% of the paid sae plan fee (exslusfm of postage) A 5% Technology Fee will applied when Im owed or collected. 0,3 Will a public hearing be necessary given the limited scope? A: Melissa Carin"o, Project Planner, to respond. None of the exemptions listed in SDC 3.4-280.1-1 apply to this proposal. This means this would be a Type 3 proposal, which must go to a Planning Commission public hearing and obtain approval. Notice must also be given to Oregon Department of Transportation (ODOT). Based on SDC 3.4-280.G, "any change, intensification of use, or development, as defined in SDC 3.4-280.C, within the Glenwood Riverfront portion of the WG Overlay District, shall be reviewed under Type 3 Discretionary Use procedure proposals shall be reviewed under the Discretionary Use procedure in accordance with criteria specified in SDC 3.4-2801; SDC 5.17-100 (Site Plan); SDC 5.12-100, as applicable; any additional reviews required by this Code; and the standards of this Section." 0.4 Will additional floodplain,hydraulic, or stormwater analyses be applicable or required? A: Clayton McEachern, Civil Engineer, to respond. No increase to impervious surface areas with this proposal. Drainage report would be needed. Post -construction information is needed (i.e., re -vegetate), but applicants can share determinations from the CLOMR-F. FEMA may require additional requirements. Link to the Springfield Development Code (SDC) - SDC 3.4-245C.4 Applicable Overlay Districts (in Glenwood, WG OverMyisprovidedin SDC3.4-280) - SDC 3.4-280: WG Development Standards in the Glenwood Riverfront Portion of the WG Overlay District - SDC 5.17-100: Site Plan Review & Modification Processes Page 2 of 3 Heads Up Comments/Questions: • City fees will most likely increase starting on July 1, 2022. • All utility lines must be placed underground. (SDC 4.3-125, Underground Placement of Utilities) • Contact SUB Water and Electric Divisions ASAP forfuture development to determine connections/system designs, utility boxes/vaults that need screening, easements, etc., all of which must be included in the Site Plan Review applications. • If/when this request is approved, be sure to contact Todd Singleton for the final LDAP inspection at 541.726.5849. • Refer to Annexation Agreement for these properties. Page 3 of 3 Attachment 11 =s;EIVED APR 9 - 2014 WILDISWITY OF SPRINGFIELD DEVELOPMENT AND PUBLIC WORKS DEPARTMENT NOTICE OF DECISION Willamette River Greenway Setback Determination DATE OF NOTICE: April 2, 2014 DATE OF DECISION: April 1, 2014 CASE NUMBERS: TYP314-00001 APPLICANT: Wildish Land Company NATURE OF APPLICATION: Wildish Land Company proposes to establish the Greenway Setback Line on properties it owns in Glenwood. No development is proposed as part of this request. The applicant proposes to draw the setback line "at the upland extent of the riparian vegetation (Riparian Edge, or ten feet 10') from top of bank, which ever is greater." The site is identified as 18-03-02-20 TLs 2800, 3000, 3100, 3200, 3300, and 18-03-02-32 TL 3800, on the Lane County Assessor's Map. Tax lot 2800 is located outside of the city limits, but within the Springfield Urban Growth Boundary. The remaining lots are located within the city limits. On March 19, 2014, the Springfield Planning Commission conducted a public hearing to accept testimony and to hear comments on this proposal. The public hearing was closed but the record was held open until March 25" to allow the applicant to submit map materials showing the proposed Greenway Setback Line at a more readable scale. The materials were received and added to the record. The Development and Public Works Department staff notes, staff report and recommendation together with testimony and submittal of the persons testifying at the hearing were considered and made part of the record of the proceeding. On April 1, 2014, the Planning Commission convened to finalize its deliberations and to make a decision upon the applicant's request. HSQI.IUIP It is the DECISION of the Planning Commission of Springfield that Case Number TYP314-00001 Willamette Greenway Setback Line is approved. The decision was presented to the Planning Commission on April 1, 2014 and was approved unanimously. APPEALS: The decision issued by the Planning Commission is a final decision. That decision is subject to appeal as described below. A copy of the Staff Report and the record of the proceedings is report is available upon request by calling Mark Metzger, Planner, at 541-726-3775 or by e- mail at mrmetz¢er@springfield-or.eov. If you wish to appeal this decision, your application must comply with Section 5.3-100 of the Springfield Development Code (SDC)—Appeals. Appeals must be submitted on a City form and a fee of $250.00 must be paid to the City at the time of submittal. The fee will be returned to the appellant if the City Council approves the appeal application. The application for appeal must be submitted by April 17, 2014 In accordance with SDC 5.3-115 which provides for a 15 day appeal period. Unless appealed, the decision is final. Please read this document carefully. Additional Information: The application, all documents, and evidence relied upon by the applicant, and the applicable criteria of approval are available for free inspection and copies are available at a cost of $0.75 for the first page and $0.50 for each additional page at the Development Services Department, 225 Fifth Street, Springfield, Oregon. Questions: Please contact Mark Metzger at the City of Springfield Urban Planning Division, 541- 726-3775 if ypou have questions regarding this process. Mark Metzger 14 Planner III BEFORE THE PLANNING COMMISSION OFTHE CITY OF SPRINGFIELD WILLAMETTE RIVER GREENWAY SETBACK LINE ] STAFF RECOMMENDATION CASE NUMBERS: TYP314-00001 ] TO THE PLANNING COMMISSION FINDINGS, CONCLUSION AND ORDER NATURE OF THE APPLICATION Wildish Land Company proposes to establish the Greenway Setback Line on properties it owns in Glenwood. No development is proposed as part of this request. The applicant proposes to draw the setback line "at the upland extent of the riparian vegetation (Riparian Edge, or ten feet 10') from top of bank, which ever is greater." The site is identified as 18-03-02-20 TLs 2800, 3000, 3100, 3200, 3300, and 18-03-02-32 TL 3800, on the Lane County Assessors Map. Tax lot 2800 is located outside of the city limits, but within the Springfield Urban Growth Boundary. The remaining lots are located within the city limits. 1. On January24, 2014, the Wildish Land Company submitted a Willamette Greenway Overlay District Development application and support materials for the purpose of establishing the Willamette River Greenway Setback Line (Without Development) on property that it owns in Glenwood. The application was submitted for review by the Planning Commission and by the Springfield Hearings Official under Section 3.3-325 of the Springfield Development Code (SDC) which describes the standards to be applied in establishing the Willamette River Greenway Setback Line. 2. By agreement with Lane County, the Springfield Hearings Official shall be the Approval Authority for applications outside of the City limits but inside of the Springfield Urban Growth Boundary. Tax lot 2800 of the Wildish property is located outside of the Springfield City Limits. The Hearings Official will also use the applicable criteria specified in Section 3.3-325 to evaluate the proposal. 3. Timely and sufficient notice of the proposal and of the scheduled public hearing, pursuant to Section 5.1-135 B has been provided. 4. On March 19, 2014, the Springfield Planning Commission conducted a public hearing to accept testimony and to hear comments on this proposal. A Staff Report and Recommendation together with the testimony and submittals of the persons testifying at the hearing have been entered in the public record and have been considered during this proceeding. CONCLUSION AND RECOMMENDATION On the basis of this record, the applicant's request to establish 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," is recommended to the Planning Commission for approval. This general finding is supported by the specific findings of fact and conclusion in the Staff Report and Recommendation that is attached hereto and incorporated by reference into this decision. DECISION OF THE PLANNING COMMISSION The Planning Commission is now ready to take action on this proposal based upon the above recommendation and the evidence and testimony already in the record as well as the evidence and Page 1 of 2 testimony presented at this public hearing held in the matter of the establishment of the Willamette River Greenway Setback Line (Without Development). It is the DECISION of the Planning Commission of Springfield that Case Number TYP314-00001 Willamette Greenway Setback Line, (be approved) (be approved with conditions) (be denied) (no action be taken at this time). This DECISION was presented to and approved by the Planning Co mission on March 19, 2014. AYES: 7ATTEST: NOES: _fesrming Commission ABSENT: _� Chairperson ABSTAIN: Page 2 of 2 SPRINGFIELD HEARINGS OFFICIAL REQUEST FOR A DETERMINATION OF A GREENWAY SETBACK LINE PER SECTION 25.060 OF THE SPRINGFIELD DEVELOPMENT CODE Application Summary James Wildish, Wildish Land Company, requests the establishment of the Greenway Setback Line (Setback) within the Willamette Greenway Overlay District on tax lot 2800, assessor's map 18-03-02-20. Application History Hearing Dates: March 19, 2014 & April 1, 2014 (Record Held Open Until March 24, 2014) Decision Date: April 1, 2014 Appeal Deadline: April 22, 2005 Oregon Land Use Board of Appeals Statement of Criteria and Standards Section 1.030(2) Springfield Development Code Section 25.060 Springfield Development Code Eugene—Springfield Metropolitan Area General Plan (Metro Plan) Glenwood Refinement Plan Willamalane Park and Recreation Comprehensive Plan Facts Relied Upon (Findings) 1. The applicant, James Wildish, Wildish Land Company, requests the establishment of the Greenway Setback Line (Setback) within the Willamette Greenway Overlay District on tax lot 2800, assessor's map 18-03-02-20. The subject property is within Springfield's Urban Growth Boundary, outside the Springfield City limits. The subject property is a 5.96—acre tax lot on the north side of the Riverside Mobile Home Court. The subject property is zoned "General Office" and is designated "Commerical /Industrial Mixed Use in the Glenwood Refinement Plan that was adopted in 1999. It does not lie within the Springfield Historical District. TY P314-00001 April 1, 2014 Page 2 of 10 The subject property is a cleared grassy lot that has received a significant amount of fill material over the years, with a strip of trees and riparian vegetation near the river. 2. Notice was sent to participants in the Development Review Committee and a meeting was held on February 11, 2014 to review issues of compliance of the proposal with applicable development policies and standards. No comments were received from the Development Review Committee. Staff issued a letter affirming the completeness of the submission for processing the Discretionary Use application on February 5, 2014. Mailed notice was sent to affected property owners and occupants within 300—feet of the project on February 20, 2014 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). Published notice of the hearing appeared in the . Register Guard on February 18, 2014. The published notice complied with the content requirements for Type III public hearings listed in SDC Section 5.2-115 (B) The applicant's agent, the Schirmer Satre Group, has produced a series of maps titled " Existing Habitat Types And Recommended Greenway Setback Map," dated December 19, 2013. These maps are recent aerial photographs of a portion of the Glenwood area annotated with a line that demarks the extent of the riparian vegetation along the bank of the Willamette River. Map 8A (1 of 6) depicts the subject property. The setback line source for these maps is 2013 GPS/2008 DOGAMI LIDAR'. The "Willamalane Park and Recreation Comprehensive Plan," hereinafter the "Willamalane Parks Plan," is the applicable functional plan for recreation for the subject property. It has been 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 Highlights and Improvements section in Chapter 3 of the Willamalane Parks Plan provides: 'Actions 4.13 and 4.14, Glenwood Riverfront Linear Park 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 1-5 bridge, east to the Springfield Bridge; Section B (Action 4.14) would navel fi-onv the Springfield Bridge south to Seavey Loop Road. ' Light Detection and Ranging, a remote sensing device that uses pulsed lasers to measure variable distances to the Earth. TY P314-00001 April 1, 2014 Page 3 of 10 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." The Willamalane Parks 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 20footeasement or dedicated right—of--way that is secured through negotiation with property owners. The Willamalane Parks 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" The Strategies and Actions section in Chapter 4 of the Willamalane Parks Plan includes a map (Map 2) showing a planned multi -use path along the river front of the subject properties. Several 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 that runs from 1-5 to the Springfield Bridge, but not any farther upstream. The Glenwood Refinement Plan shows, at page 53, a "Proposed Off - Street Path" as a continuation of the path shown in the TransPlan. Currently, there is some public recreation that occurs on the river (rafting, fishing) but no public access is afforded to the subject property. Establishing the Greenway Setback line will not change the existing situation in regard to public recreation on and adjacent to the subject property. The applicant proposes that the Willamette Greenway Setback line be established "at the upland extent of the riparian vegetation (Riparian Edge), or ten feet 10' from top of bank, which ever is greater," This setback line would not interfere with establishment of the multi -use path planned for the area and the narrow corridor required for the path should not negatively impact development on the subject property. 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 bards." This 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 TYP314-00001 April 1, 2014 Page 4 of 10 paths and some stormwater treatment facilities within the setback boundary. The subject property is subject to this setback. 6. The Glenwood Refinement Plan (Pg. 39) notes that there are no identified scenic qualities or viewpoints within the Glenwood portion of the Willamette River Greenway. Consistent with this conclusion, the site inventory for the subject property states: "While Lot 2800 may exhibit characteristics offair habilat for the nesting life stage of both turtle species listed in Table 2, the lack of documented evidence of turtle use, lack ofponding water, presence of imported fill material, velocity of the river, isolated nature of the lot and surrounding urban uses negate this habitat value beyond the proposed setbacks (Figure 8). Although the soils within lot 2800 do not appear to be as disturbed as the remainder ofthe Study Area and provide the basic habitat characteristics necessary for nesting lot ties, the site contains 2 6 feet of imported fill material, is isolated between two mobile home parks and bordered on the west by a major road. Therefore, unlike habitat elsewhere where turtle use is known, this site is unlikely to encounter nesting individuals. . The Riparian Fringe along lot 2800 (between the top of bank/riparian vegetation and the river) is expected to provide benefits such as refugia for different life stages offish during high water and allow some cooling value during the hotter inonths which also benefits different life stages of the listed sahnonids. The proposed location ofthe Greenway Setback would retain these values. Some of the more mature cottonwoods within the Riparian Edge may have potential use by Townsend's big -eared hats and/or Purple martins although this is unlikely. (Site Inventory, page I3). " Records obtained from Oregon Biodiversity Information Center (ORBIC) show no rare species are known to inhabit the subject property, with the exception of fish species within the adjacent Willamette River. The Schirmer/Satre Group used a qualified staff biologist to walk the subject sites and evaluate the existing habitat. The Schirmer/Satre report states, "Several site visits were made between November 27a' and late December 2013. The entireties (un -built) of all of the lots were walked to establish boundaries and allocate different habitat types..." The Schirmer/Satre Group report is consistent with the findings of Mike Shippey and Chad Hoffman of Coyote Creek Ecological Services, in Eugene. Shippey and Hoffman prepared a similar report' for the purpose of establishing the Greenway Setback for a 10 -acre property located immediately north of the ' Site Invemory cfNahrral Resources, Shmarock Village Afolote Home Pork, Coyote Ecological Services, August 2008, page 7. TYP314-00001 April 1, 2014 Page 5 of 10 subject property. This report is included in the applicant's submittal and was part of the record submitted for the establishment of the Greenway Setback Line for the Shamrock Village Mobile Home Park in 2012 (File No. TYP312-00003). In 2004, the City of Springfield commissioned Salix Associates, an environmental consultancy, to recommend a Greenway Setback Line for the Glenwood riverfrom. The recommended setback was not adopted after completion but not for lack of the report's credibility. Photos 14-20 of the Salix report pertain to the Wildish properties. The recommended boundaries for the Greenway Setback Line closely follow the riparian fringe along the river, similar to the line proposed by the applicant. Decision IN REGARD TO JOURNAL NUMBER TUP314-00001, THE SPRINGFIELD HEARINGS OFFICIAL. CONCLUDES THAT THE LOCATION OF THE GREEN WAY SETBACK ON TAX LOT 2800, ASSESSOR'S MAP 18-03-02-20, SHALL BE THE EXISTING RIPARIAN VEGETATION LINE, AS IDENTIFIED ON MAP 8A, EXHIBIT A 8A -8F, PAGE 1 OF 6 "EXISTING HABITAT TYPES AND RECOMMENDED GREENWAY SETBACK MAP BY THE SCHIRMER SATRE GROUP, DATED 12.19.13. MAP 8A IS ATTACHED BY REFERENCE AS ATTACHMENT "A" TO THIS DECISION. Not a part of this decision, but as notice to all parties, Section 25.070 of the SDC requires that development within the Willamette River Greenway Overlay Zone be subject to the discretionary use permit criterion of Section 10.030 of the SDC and to the application of Section 25.060 of the SDC. Other approval criterion may also be applicable at the time that a permit for development is submitted. Justification for the Decision (Conclusion) The subject property currently is regulated by the Greenway Overlay District, which applies to all land within 150 feet from the ordinary low water line of the Willamette River. This overlay district allows the uses permitted in the underlying zoning district except for that portion of the overlay zone subject to a Greenway Setback Line. Any request for land within the overlay district but without a setback line must be accompanied by an application for the establishment of a setback line. Section 25.060 of the SDC provides that the Greenway Overlay District shall substitute temporarily as the Greenway Setback Line where there is no established Setback Line. This section of the Code further provides that the Setback Line may be established without an accompanying request for development approval and requires that a setback determination must be consistent with eight criterion derived from Section C.3 of the Willamette River Greenway Goal. TYP314 00001 April 1, 2014 Page 6 of 10 The City points out that the policies of the Glenwood Refinement Plan (GRP) must also be applied to the setback determination and points to guidelines on pages 37 and 38 of the GRP that suggest that structures (new or expanded) be set back between 25 and 35 feet from the top of the riverbank, unless floodway boundaries require a greater separation. The explicit intent of these guidelines is to protect the riparian area, to allow adequate space for uses that are not water related or water—dependent, and to allow enough space for the construction of a riverfront bike path. Section 3.3-325 of the SDC provides several standards against which a requested interpretation must be reviewed. These standards are as follows: (l) Local, regional and state recreational needs shall be provided for consistent with the carrying capacity of the land. The possibility that public recreation use might disturb adjacent property shall be considered mrd minimized to the greatest extent possible. This criterion demands a comparison of the recreational needs of the public with the carrying capacity of the land. The carrying capacity of the subject property for recreational uses is currently at its maximum, whatever that might be, since it is vacant. The establishment of the Greenway setback will not change that status and therefore has very little practical effect on the ability of the subject property to satisfy the recreational needs of the community. The Willamahme Parks Plan calls for a Glenwood Riverfront Linear Park (Project 4.14) that would run through the eastern edge of the subject property near the river. A multi—use path is part of this project. Unlike other riverfront properties owned by the applicant to the south, which are within the Springfield corporate limits, there is no public easement granted by the applicant for a multi— use path. It is likely that the city will request a suitable easement at the time that annexation or redevelopment approval is requested. Conclusion: The location of the Greenway Setback line as proposed by the applicant is consistent with this criterion. (2) Adequate public access to the river shall be provided. The public currently has direct access to the river at Island Park and along the Middle Fork Path. In addition, there are boat launches at the eastern most end of Island Park, and at D Street, near where Island Park meets Alton Baker Park. There is nothing in the record that suggests that the subject property contains any unique public access resources for the public and public access is not currently accommodated. Currently, the subject property is vacant and public access is not granted to or across the subject property. As the Glenwood Refinement Plan implementing strategy 4.5 notes, the Greenway Goal protects existing uses. TYP314-00001 April 1, 2014 Page 7 of 10 Consequently, the existing level of public access to the river is consistent with the Goal and this standard. The question of what type of public access is "adequate' in this particular setting is answered in part by long-range planning documents, such as the Metro Plan, the Glenwood Refinement Plan, and the Willamalane Parks Plan. Several refinement plans indicate that a public multi- use path is planned to eventually run along this bank of the Willamette River. The precise location of this path has not been established, nor have all of the necessary easements been acquired for it. The steep bank and swift current in this area will present challenges for direct public access to the river. As noted above, is likely that the city will request a suitable easement at the time that annexation is requested as no significant development can occur without the property being brought into the city. The established plan designation for the subject property intends that it be developed for employment uses. Public recreation is not the primary use. The multi -use path envisioned by the Willamalane Parks Plan will provide an appropriate level of river access consistent with the adopted plan designations for the area. Conclusion: The location of the Greenway Setback line as proposed by the applicant is consistent with this criterion. (3) Signifrcanifrsh and wildlife habitats shall be protected. The Glenwood Refinement Plan (Pg. 39) acknowledges that there are no significant fish or wildlife habitat areas identified within the Glenwood portion of the Willamette River Greenway. While the subject property has the potential to provide habitat for nesting turtles, it contains 2-6 feet of imported fill material, is isolated between two mobile home parks and is bordered on the west by a major road. Unlike habitat elsewhere where turtle use is known, this site is unlikely to encounter nesting individuals. The riparian fringe along the subject property, 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 that also benefits different life stages of the listed salmonids. The proposed location of the Greenway Setback would retain these values. The proposed setback area would conserve all of the existing riparian vegetation on the subject property. Because the proposed setback area 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. Conclusion: The location of the Greenway Setback line as proposed by the applicant is consistent with this criterion. TY P3 1 4-0 0001 April 1, 2014 Page 8 of 10 (4) Identified scenic qualities and vietv-points shall be preserved. The Glenwood Refinement Plan (Pg. 39) notes that there are no identified scenic qualities or viewpoints within the Glenwood portion of the Willamette River Greenway. Oregon Administrative Rule 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 "Local governments are not required to amend their comprehensive plans in order to identify scenic views and sites." 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 location of the Greenway Setback line as proposed by the applicant is consistent with this criterion. (5) Tire maintenance of pablic safety and protection of public and private property, especi illyfrom vandalism and trespass.shall he provided for to tine maxima extent practicable. 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. The subject property is closed to the public, and that will remain the case following this Greenway Setback determination. Existing fences and gates adequately prevent trespass and avoid the safety concerns this standard appears to be focused on. Concerns for public safety and the protection of public and private In may arise as part of future development activity on the site, especially if a pedestrian/bike path is established. However, because that development will TYP314-00001 April 1, 2014 Page 9 of 10 undergo Discretionary Use and Site Plan Review, public safety considerations will be invoked at that time. Conclusion: To the limited extent that this criterion is applicable, the location of the Greenway Setback line as proposed by the applicant is consistent with this criterion. (6) The natural vegetative fringe along Nie river shall be enhanced and protected to the maximum extent practicable. Figure 8 of the Site Inventory shows the extent of the Riparian Edge. This is the line that follows the upland extent of the natural riparian vegetation and which the applicant proposes should be used to establish the Greenway setback. For the subject property the setback would be approximately 90 feet wide at the widest. This application does not propose any new development. Future development of the subject property may 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). Conclusion: The location of the Greenway Setback line as proposed by the applicant will protect the existing vegetated fringe along the river and is consistent with this criterion. (7) The location of known aggregate deposits shall be considered. Aggregate extraction may be permitted outside lire Greemvay Setback Area subject to compliance mitt State law, the underlying district and conditions of approval designed to minimize adverse effects on water quality, fish and wildlife, vegetation, bank stabilization, stream flow, visual quality, quiet and safety and to guarantee reclamation. The Glenwood Refinement Plan (Pg. 39) notes that aggregate extraction is not anticipated in the area subject to its jurisdiction. The proposed Greenway Setback Line does not affect any property currently in use for quarry or mine operations. The subject site has been mined for its aggregate resources and has been reclaimed. The site is designated for employment uses, primarily industrial development. No future mining is likely to be allowed in this urban setting. Conclusion: The location of the Greenway Setback line as proposed by the applicant is consistent with this criterion. (8) Developments shall be directed mvay from the river to the greatest possible degree, provided, however, lands committed to urban uses shall be permitter) to continue as urban uses, including port, public, industrial, commercial and TYP314-00001 April 1, 2014 Page 10 of 10 residential uses, uses pertaining to navigational requirements, ranter and land access needs and relatedfacifities. There is no development proposed with this application and therefore this 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 and the Site Plan Review standards under SDC 5.17-100, as well as the SDC 3.3-325 standards invoked above for any change or intensification of use, or construction that has a significant visual impact. When development is ultimately proposed fmthe subject property, these procedures will ensure this standard is met. Conclusion: This criterion is not applicable. Summary The proposed Willamette Greenway setback will encompass the entire riparian vegetative fringe along eastern portion of the subject property. The location of this riparian fringe has been documented and memorialized flu ough recent aerial photographs used by the applicant. While most of the subject property is highly disturbed, the preservation of the riparian fringe will ensure, to the greatest degree possible, the. Willamette Greenway setback standards that look to promote recreational needs, protect fish and wildlife habitat, and enhance and protect the natural vegetative fringe along the river. Respectfully Submitted, Suu�bmitted, Ga arnielle� Springfield Hearings Official