HomeMy WebLinkAboutPacket, DRC PLANNER 5/4/2022AGENDA
DEVELOPMENT REVIEW
COMMITTEE
DEVELOPMENT SERVICES DEPARTMENT
225 FIFTH STREET
Conference Room 616/ MS Teams
Staff Review; Tuesday, May 24, 2022 9;00-9,•30 am,
1. Willamette Greenway Overlay District Dev. 811-21-000106-TYP3 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 submitted plans placement of fill material within the Willamette Greenway Overlay District to
align and conform with FEMA CLOMR-F.
Planner: Melissa Carifio
Meeting: Tuesday, May 24, 2022 9:00 — 9:30 virtual meeting via Microsoft Teams
The Complete DRC Packet for this meeting is available online for you to review or print out
from the laserfiche website: htto://www.si)ringfield-or.gov/weblink8/browse.asi)x
VICINITY MAP
811-22-000106-TYP3 Willamette Greenway Overlay District Development
18-03-02-20 TL 2800, 3000, 3100, 3200
5001 Franklin Blvd.
Wildish Land Co.
�iCity of Springfield
Development Services Department
225 Fifth Street
Springfield, OR 97477
Willamette Greenway Overlay District Development
.,
Greenway
SPNINOFIQLD
Application
Line Established: ❑x Establish Greenway Setback Line Without
Greenwa Setback Line Not Established: ❑ Develo menta ❑
Required Project Information (Applicant., complete this section)
Applicant Name: Wildish Land Co. Phone: 541 485-1700
Company: Wildish Land Co. Fax.. 541-683-7722
Address: P.O. Box 40310 Eugene, Oregon, 97404-0047
Applicant's Rep.: Kelly L. Wood
Phone: 541-684-7785
Com an : Wildish Sand & Gravel Co.
Fax: 541-683-7722
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.
Fax: 541-683-7722
Address: P.O. Box 40310 Eugene, Oregon, 97404-0047
ASSESSOR'S MAP NO: 18-03-02-20
TAX LOT NOS : 2800, 3000, 3100, 3200
Property Address: 5001 Franklin Blvd. Eugene, Oregon 97403
Size of Pro e : 43.97 Acres FKJ Square Feet ❑
Zoning: Mixed Employment & Parks and Open Space
Existing Use: Vacant Land
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
Si natures: Please si n and rint our name and date in the ro
..-
Associated Cases:
riate box on the next a e.
Signs:
Case No.:
Date:
Reviewed b :
Application Fee:
Technical Fee: $
Posta a Fee:
TOTAL FEES: PROJECT NUMBER:
Revised 10.14.13 kl 1 of 4
CITY OF SPRINGFIELD -
WILLAMETTE GREENWAY DEVELOPMENT 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: KellyWC&Wildish.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 do not include the Greenway Overlay District Boundary.
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
necessaryto 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 June 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.
Greenway Development
Wildish acknowledges that this Greenway Development Permit application is limited to the placement of fill
materials to that area located in between the 150 -foot Greenway Overlay District Boundary and the 75 -foot
Riparian Setback as shown on the Site Plan Maps. Wildish also acknowledges that any future development at the
site within the Greenway Overlay will require a new Greenway Development application.
RELEVANT CRITERIA/ STANDARDS
SDC 3.4-280 Willamette Greenway Development Standards
Application Submittal. A prerequisite to the filing of a WG Overlay District permit in the Glenwood Riverfront
shall be a Development Issues Meeting as specified in Subsection 5.1-120A., or a Pre -Application Report as
specified Subsection 5.1-120B.
Finding: The application requirements in Subsection 5.1-120A have been met. The applicant completed a
Development Issues Meeting on April 5, 2022.
Criteria. In the Glenwood Riverfront portion of the WG Overlay District, the applicant shall demonstrate
compliance with the following criteria of approval:
1. Any development, change of use or intensification of use permitted in the base zone shall be oriented
toward the river between the Willamette Greenway Setback Line and the Willamette Greenway outer boundary.
EXCEPTION: Proposed water -dependent and water -related uses listed in Subsection 3.4-280D.2. shall be
permitted within the Greenway Setback Line.
Finding: The proposed fill materials will be placed within the 75 -foot area located in between the 150' Willamette -
Greenway Overlay District boundary and the 75 -foot Riparian Area Setback.
2. Between the Greenway Setback Line and the Willamette Greenway outer boundary, any development,
change of use or intensification of use shall provide the maximum possible landscaped area/open space between
the activity and the river.
Finding: The proposed fill materials will be placed within the 75 -foot area located in between the 150 -foot WG
Overlay District boundary and the 75 -foot Riparian Area Setback. The application does not propose any
development beyond the fill. Future development of the property may provide opportunities to enhance habitat.
3. Significant air, water, and land resources, including but not limited to, natural and scenic areas, views,
vistas, and fish and wildlife habitats in and adjacent to the Greenway, shall be protected, preserved, restored, or
enhanced to the maximum extent practicable.
Finding: The proposed project will maintain and protect the 75 -foot Riparian Setback via Best Management
Practices described in the DEC( Erosion and Sediment Control Plan (Attachment 9). The Glenwood Refinement
Plan notes that there are no identified scenic qualities or viewpoints within the Glenwood portion of the
Willamette River Greenway. All significant air, water, and land resources will be protected.
4. The maintenance of public safety and protection of public and private property, especially from vandalism
and trespass, shall be provided to the maximum extent practicable.
Finding: The property will be protected against vandalism and trespass to the maximum extent practicable via an
existing 6 -foot perimeter fence.
S. The natural vegetative fringe along the river shall be enhanced, protected and maintained in order to
assure scenic quality and viewpoints, protection of wildlife, protection from erosion and screening of uses from
the river.
Finding: The proposed project will maintain and protect the 75 -foot Riparian Setback via Best Management
Practices described in the DEC( Erosion and Sediment Control Plan (Attachment 9). The Glenwood Refinement
Plan notes that there are no identified scenic qualities or viewpoints within the Glenwood portion of the
Willamette River Greenway.
6. Areas of annual flooding, floodplains and wetlands shall be preserved or restored in their natural state to
the maximum extent practicable to protect water retention, overflow and other natural functions specified in
Section 3.3-400.
Finding: The primary purpose of the proposed project is to raise the elevation of the property above the Base
Flood Elevation. There are no wetlands located onsite. Wildish will maintain and protect the 75 -foot Riparian
Setback via Best Management Practices described in the DEO Erosion and Sediment Control Plan (Attachment 9).
7. Recreational needs shall be satisfied as specified in the Glenwood Refinement Plan and/or this Plan District.
Finding: Prior action to dedicate a 20 -foot wide strip of land for a multi -use path within the 75 -foot riparian
setback allows for appropriate access to the river by the public in the context of the planned development of the
properties.
B. Adequate public access shall be provided to and along the river by appropriate legal means for all
development as specified in the applicable base zone, overlay district, or this Plan District.
Finding: Prior action to dedicate a 20 -foot wide strip of land for a multi -use path within the 75 -foot riparian
setback allows for appropriate access to the river by the public in the context of the planned development of the
properties.
9. Areas of ecological, scientific, historical or archeological significance shall be protected, preserved, restored
or enhanced to the maximum extent practicable.
Finding: There are no areas of ecological, scientific, historic or archaeological significance on site.
10. Significant fish and wildlife habitats shall be protected to the maximum extent practicable.
Finding: As documented on the Biological Assessment, Essential Fish Habitat and Floodplain Habitat Assessment,
there are no significant fish and wildlife habitats on site (Attachment 2).
11. Significant natural and scenic areas, viewpoints and vistas shall be protected to the maximum extent
practicable.
Finding: The Glenwood Refinement Plan notes that there are no identified scenic qualities or viewpoints within
the Glenwood portion of the Willamette River Greenway.
12. Any necessary tree felling shall comply with Section 5.19-100 and shall occur in a manner that ensures the
wildlife habitat and natural scenic qualities found in the Glenwood Riverfront portion of the WG Overlay District
will be maintained and shall be restored by mitigation on-site. Only diseased trees or trees in danger of falling
located between the ordinary low water line and the Greenway Setback Line may be removed with a certified
arborist's statement. However, snag retention shall be allowed. In the area between the Greenway Setback Line
and the outer boundary of the Glenwood Riverfront portion of the WG Overlay District, tree felling may be
permitted to the extent necessary to accommodate those permitted uses as specified in the applicable base zone,
overlay district or this Plan District.
Finding: The proposed fill materials will be placed within the 75 -foot area located in between the 150 -foot WG
Overlay District boundary and the 75 -foot Riparian Area Setback. With the exception of the vegetated/riparian
area delineated during the establishment of the Greenway Setback, vegetation at the site is minimal and typically
consists of grasses, shrubs, and blackberries. As documented on the Biological Assessment, Essential Fish Habitat
and Floodplain Habitat Assessment, there are no significant fish and wildlife habitats on site (Attachment 2).
SDC 5.9-120
A. The proposed use conforms with the applicable:
1.
Provisions of the Metro Plan;
2.
Refinement plans;
3.
Plan District standards;
4.
Conceptual Development Plans; or
5.
Specific Development Standards in this Code.
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. The site under consideration is suitable for the proposed use, considering:
1. The location, size, design and operating characteristics of the use (operating characteristics include
but are not limited to parking, traffic, noise, vibration, emissions, light, glare, odor, dust, visibility,
safety, and aesthetic considerations, where applicable).
2. Adequate and safe circulation exists for vehicular access to and from the proposed site, and on-site
circulation and emergency response as well as pedestrian, bicycle and transit circulation;
3. The natural and physical features of the site, including but not limited to, riparian areas, regulated
wetlands, natural stormwater management/drainage areas and wooded areas shall be adequately
considered in the project design; and
4. Adequate public facilities and services are available, including but not limited to, utilities, streets,
storm drainage facilities, sanitary sewer and other public infrastructure.
Finding: The site is suitable for the proposed development. The proposed project will maintain and protect the 75 -
foot Riparian Setback via Best Management Practices described in the DEC. Erosion and Sediment Control Plan
(Attachment 9). Additionally, 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.
C. Any adverse effects of the proposed use on adjacent properties and on the public can be mitigated through
the:
1. Application of other Code standards (including, but not limited to: buffering from less intensive uses
and increased setbacks);
2. Site Plan Review approval conditions, where applicable.
3. Other approval conditions that may be required by the Approval Authority; and/or
4. A proposal by the applicant that meets or exceeds the cited Code standards and/or approval
conditions.
Finding: Any adverse effects can be promptly mitigated.
D. Applicable Discretionary Use criteria in other Sections of this Code:
1. Wireless telecommunications systems facilities requiring Discretionary Use approval are exempt from
Subsections A.—C., above but shall comply with the approval criteria specified in Section 4.3-145.
2. Alternative design standards for multifamily development are exempt from Subsections A.—C.,
above, but shall comply with the approval criteria specified in Section 3.2-245.
3. Fences requiring Discretionary Use approval are exempt from Subsections A.—C., above but shall
comply with the approval criteria specified in Section 4.4-115C.
4. The siting of public elementary, middle and high schools requiring Discretionary Use approval is
exempt from Subsections A.—C., above but shall comply with the approval criteria specified in
Section 4.7-195.
Finding: This criteria is not applicable to the proposed project.
SDC 3.3-330
In addition to Discretionary Use criteria specified in Section 5.9-120, applications in the Willamette Greenway
Overlay District shall also meet the standards specified in Section 3.3-325.
SDC 3.3-325
As documented on the April 2, 2014 Notice of Decision and associated maps (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 Wihlish Plant 1— Site Plan Review application narrative for relevant criteria/standards
(SDC 5.17-125).
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
S. 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