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HomeMy WebLinkAboutCorrespondence ODOT 2/1/2008 \'. , ~. ,I' .. ,~/~ .J, ~ 'JU'O-' ir; fi'U i~nrM-'f7' = lha '"'" [I \:' (c, " ' --~.._-..-- ~.,' FEB - 1 2008 ",~i oregon bridge delivery partners" -,-~"-,._,_..._--,-~ february I, 2008 Cily Of Eo,:'"' PI3lillif1f:;uivl:,I,m Heather O'Donnell Planning and Development Department City of Eugene 99 West 10th Avenue Eugene, OR 97401 Re: 1-5 Willamette Bridge Project The Oregon Department of Transportation (ODOT) would like to request the City of Eugene Council to initiate review of Type I Metro Plan Amendments as the lead body for this proposal, which requires approval by the City of Eugene, City of Springfield, and Lane County, ODOT is requesting amendments to the Eugene-Springfield Metro Plan for the proposed replacement of the Interstate 5 (1-5) Bridges over the Willamette River and Canoe Canal (also known as Patterson Slough), The project proposes to construct replacement of the 1- 5 bridges and remove the original and detour 1-5 crossings over the Willamette River and Canoe Canal, ODOT is requesting the following plan amendment approvals: , · An amendment to the Metro Plan, in the form of an exception as required by Metro Plan, Chapter III, Section 0, Policy II, to authorize the placement of fill within the Willamette River Greenway setback requirements associated with the "new bridge, In addition, Policy II exceptions may be needed to place fill in the Willamette River Greenway associated with (I) removal of the decommissioned 1-5 Willamette River and Canoe Canal bridges, and (2) construction of temporary work bridges to remove the decommissioned bridge and detour bridge currently in use, and (3) construct new bridges. · An amendment to the Metro Plan, in the form of a goal exception to Statewide Planning Goal 15 (Willamette RIver Greenway), to authorize a nonwater- dependent and nonwater-related use within the established Willamette River Greenway setback, Although the project is exempt from Goal 15 because 1-5 is an existing urban use, ODOT requests this exception as a precautionary measure. · An amendment to the Willakenzie Area Plan to allow structures and fill associated with the replacement 1-5 bridges to be constructed within the first 35 feet back from the top of the Willamette River streambank within the Willamette River Greenway in the Willakenzie area, This amendment only requires approval ofthe Eugene City Council. " , , ,\, . oregon bridge delivery partners 1165 Union Street NE Salem, OR 97301 Page 1015 \, 't \ .' " The enclosed Metro Plan Amendment Application is broadly divided into two chapters, Chapter One covering Project Description and Chapter Two covering Legal Findings, Chapter One provides a detailed description of the proposed project and includes the following topics: I, I Background Information 1,2 Project Description 1.3 Temporary Construction Facilities t.4 Duration and Sequence of Construction 1.5 Budget and Funding Sources 1,6 Proposed Mitigation Measures 1,7 Public Involvement Efforts Chapter Two presents the legal findings pertaining to the requested plan amendments and addresses the following topics: 2,1 Requested Plan Amendments 2,2 Application Review Procedures and Standards 2.3 Requirements for Exceptions under Statewide Planning Goal 15 (Willamette River Greenway) and Metro Plan Chapter III, Section D, Policy II 2.4 Compliance with OAR 660, Division 4 Exception Requirements 2.5 Amendment to Willakenzie Area Plan 2.6 Compliance with Statewide Planning Goals 2,7 Compliance with Metro Plan, TransPlan, Willakenzie Area Plan, Riverfront Park Study, Laurel Hill Plan, South Hills Study, and Entrance Beautification Study 2.8 Compliance with Eugene Code (EC) 9.7730(3)(a) and (b), EC 9.8424(1)(b) and (c), and EC 9.8424(2) 2.9 Other Information This amendment application has been revised to address Completeness Review comments received from the City of Eugene, The comments received and a summary of the responses and location of responses are included in Table I, Please contact me at (503) 423-3785 or corrinne.humphrey@hdrinc.com if additional information is needed to consider this request. Sincerely, '~ -1 Corrinne Humphrey, AICP Oregon Bridge Delivery Partners 1001 SW 5th Avenue I Suite 1800 I Portland, OR 97204 ph: 503.423.3785 I fax 503,423.3737 ' email: corrinne.humohrevfalhdrinc.com Date Receiveq FEB 0 1 2008 Planner: BJ oregon bridge delivery partners 1165 Union Street NESalem, OR 97301 Page 2 of5 :. Table 1: Completeness Review Reqnests and,Responses Comment Overall, the application materials are high quality and appear to be fairly complete, although we were somewhat surprised at the lack of specific details such as Milepoints and Bridge numbers/structural details, We were also surprised to see the current ADT of 49,000 since ODOT's 2005 traffic volume tables listed ADT at milepost 193.44 (0,5) miles south ofl-I05 at 59,000 ADT. There is also no mention of the railroad that must be spanned by the bridges which will involve several additional pennits, The proposed text amendments to the Metro Plan on page 32 of the written statement indicates that a new subsection D is being inserted, but there is no reference to the page number or the section being modified, Also, as an informational item,' footnote 21 notes "which includes a bridge over 1,5, when it should state an 1-5 bridge over the WiIlamette River, 1-5 is also incorrectly shown as \,5, The text reads one dash five instead of eye dash five - it is a typo, Please complete the application fonns for the Metro Plan and Refinement Plan Amendments, For clarification, please add the City limits and urban growth boundary to Figures 2, 4, and 5, It is noted that no bridge designs are included, It is understood that ODOT is involved in an on-going public effort regarding the bridge design so there is not final design at this time, However, given the nature of the project, staff recommends that the applicant provide some conceptual schematics of the site plan and elevations (even if there are a couple ofaltemative designs), The written statement could include several qualifications regarding the conceptual nature of the design and the on'going public review process, as stated on page 3 of the written statement. Please revise the written statement to include the code citations ofEC 97730(3)(a) and (3)(b), Metro Plan approval criteria, at the beginning of each appropriate section. oregon bridge delivery partners The application forms have been completed and are , included in this resubmittal package, The City limits have been added to Figure 2, Figure 4 was replaced with a figure that better illustrates pier locations and conceptual bridge designs, All figures are within'the UGB, Figure 4 was replaced with a figure that better illustrates pier locations and conceptual bridge designs, Text regarding conceptual designs and the public process has been added under subsection OAR 660, 004,0022 Reasons Necessary to Justify an Exception Under Goal 2, Part lI(c) of Section 2.4 Compliance with OAR 660, Division 4 Exception Requirements and under Policy 4 in the Transportation Element of subsection c, Willakenzie Area Plan of Section 2,7 Compliance with Metro Plan, TransPlan, Willakenzie Area Plan, Riverfront Park Study, Laurel Hill Plan, South Hills Study, and Entrance Beautification Study, Code citations ofEC 97730(3)(a) and (3)(b), Criteria for Approval of Plan Amendment, have been added under Section 2,2 Applicable Review Procedures and Standards and Section 2,8 Compli~e~l~ ~5~e _ _ c.. rl Code (EC) 9.7730(3)(a) and (b). E~A " Response Design details are not yet available as the design is a preliminary stage, ODOT is in the process ofhiring a contractor for engineering design, Available structural details have been added to Section 1.2 Project Description, The 49,000 ADT is consistent with the project Environmental Assessment and has been confinned, Additional information regarding the replacement bridges spanning the UPRR tracks has also been added to Section 1.2 Project Description and to subsection d, Relationship with Other Projects of Section 2,9 Other Information, Reference to the page number and section for the WiIlakenzie Area Plan amendment has been added to the text in Section 2.5 Amendments to Willakenzie Area Plan, Amendment language and location for Metro Plan Policy D,]] has also been added under Policy D,II in the Willamette River Greenway, River Corridors, and Waterways Element of subsection a, Metro Plan of Section 2,7 Compliance with Metro Plan, TransPlan, Willakenzie Area Plan, Riverfront Park Study, Laurel Hill Plan, South Hills Study, and Entrance Beautification Study, Text has been revised per suggestion in what is now Footnote 23 in Section 2.5 Amendments to Willakenzie Area Plan. "1-5" has been revised to "1-5" as necessary throughout the document. 1165 Union Street NE Salem, OR 97301 FEB 0 1 200~age 3 of 5 Current Page Number Pages 3 to 5 Pages 4 and 68 Page 36 Pages 49 and 50 Page 37 N/A Page 6 Pages 9 and I 0 Pages 9 and 10 Page 26 and 60 Pages 17 and 66 Planner: BJ .' Please revise the written statement to include the code citations of EC 9.8424(1) through (2), refinement plan approval criteria. Please address criterion EC 9.8424(2). Please confirm that the permanent piers and temporary pilings for the permanent and temporary bridges are not included in the fill calculations provided on page 4, and, it appears that the number of piers will be 8? J don't see any mention of any project #'s in TransPlan or the RTP that correspond to this work [fsuch a connection is not required (are bridge bundles exempt?) then a simple sentence in response would probably do. It's my understanding that if federal $$ are spent or will be spent on the project it must be in the RTP; the EA public hearings are set for January 31,2008 in Eugene and Springfield, so federal money has already been spent On page 53 in the subsection Relationship to Other Projects there is no mention of the railroad; they've unofficially stated plans to add a parallel track so vertical clearance for this future facility should be mentioned. Please address all the Statewide Planning Goals, not as footnotes, and if they are not applicable please indicate why. Regarding Goal 15 exception (page 27-29), OAR 660- 004-0020(2)(b)(A) states that "the exception shall indicate on a map or otherwise describe the location of possible alternative areas... II The written statement (page 29, last paragraph) wouldn't require an exception. Please provide a map showing those locations or further describe where those alternative locations are. Regarding Goal 12 (page 40), please list and clearly provide a finding for each subsection (a) through (c) or OAR 660-012-0060(1) to clarify that there is no significant effect under any of these. Regarding the Metro Plan, please address the following Specific E1ementPolicies: D.9, E.2, and F.34. Some of the policies you may be able to refer to other areas in the written statement where the issue was already addressed. Regarding Metro Plan policy D.II, please provide language to amend D.II to reflect the proposed project oregon bridge delivery partners Text has been added to Section 1.2 Project Description clarifying the fill quantity estimates presented in Table 2. These calculations are for the fill placement and removal associated with the roadway section in the Willamette River Greenway between the Canoe Canal and the Willamette River, and do not include excavation or fill placement associated with the bridge piers. The number of I?iers (8) has also been confirmed. The TransPlan and RTP projects that correspond to this project have been added under subsection TransPlan and Regional Transportation Plan (R TP) of Section 2.1 Requested Plan Amendments. Text regarding the railroad has been added to Section 1.2 Project Description and the Relationship with Other Projects subsection of Section 2.9 Other [nformation. All Statewide Planning Goals previously unaddressed in the text have been added to Section 2.6 Compliance with Statewide Plannin,. Goals. The alternative bridge alignment locations have been described in subsection OAR 660-004-0020 Goal 2, Part lI( c), Exception Requirements of Section 24 Compliance with OAR 660, Division4 Exception Requirements. Pages 35, 66, and 67 Pages 66 and 67 Pages 4 and 5 Page 16 Pages 4 and 68 Pages 38, 39, 43, and 47 Page 33 Afinding for each subsection (a) through (c) or OAR 660-012-0060(1) has been added to subsection OAR 660-012-0060(1) Plan and Land Use Regulation Amendments of Goal 12 of Section 2.6 Compliance with Statewide Planning Goals. The Metro Plan Specific Element Policies: D.9, E.2, and F.34 have been addressed in subsection a. Metro Plan of Section 2.7 Compliance with Metro Plan, TransPlan, WiIlakenzie Area Plan, Riverfront Park Study, Laurel Hill Plan, South Hills Study, and Entrance Beautification Study. . . Amendment language and location for ~tAn Rp~ 1165 Union Street NE Salem, OR 97301 FEB 01_4015 Pages 45 and 46 Pages 49, 50, 51, and 55 Plctrlner: BJ Table 1: Completeness Review Requests and Responses Policy D.II has also been added in this section. The Willakenzie Area Plan Policies: P.3 (page 15), P4 (page 98), P.8 (page 100), and P.2 (page 155) have been added to subsection c. WiIlakenzie Area Plan of Section 2.7 Compliance with Metro Plan, TransPlan, Willakenzie Area Plan, Riverfront Park Study, Laurel Hill Plan, South Hills Study, and Entrance Beautification Study. Additional text'regarding aesthetics has been added to Policy 4 in this subsection. Relevant EBS policies have been addressed in subsection g. Entrance Beautification Study of Section 2.7 Compliance with Metro Plan, TransPlan, Willakenzie Area Plan, Riverfront Park Study, Laurel Hill Plan, South Hills Study, and Entrance Beautification Study. HDR verified that the permanent project improvements are not located in' theRPS area; however, portions of temporary work bridges may be. Relevant RPS polices have therefore been addressed in subsection d. Riverfront Park Study of Section 2.7 Compliance with Metro Plan., TransPlan, Willakenzie Area Plan, Riverfront Park Study, Laurel Hill Plan, South Hills Study, and Entrance Beautification Study Regarding the Willakenzie Area Plan, please address the following Policies: P.3 (page 15), P4 (page 98), P.8 (page 100), and P.2 (page 155). Some of the policies you may be able to refer to other areas in the written statement where the issue was already addressed. Regarding Policy 4 (page 98) and Policy 4 (page 15 which you already addressed), I have attached portions ofthe City of Eugene Entrance Beautification Study (EBS). The EBS also includes general policies (attached) that may be applicable. Please address. I've attached the twoEBS routes (B-1. and B-2) that may not be applicable but please confirm. Attached is a partial copy of the Riverfront Park Study (refinement plan) study area boundary, showing the eastern portion oHhe study area which abuts 1-5. The figure on page 5 of the written statement shows the proposed project boundary as being within the RPS boundary. However, it appears per the figures on pages 6, 8 and 9, that no work is proposed within the RPS boundary. Please confirm (assuming it's not, then the RPS policies don't need to be addressed). The project area south of the Willamette River appears to be in both the Laurel Hill Plan and South Hills Study (refinement plans). Regarding the Laurel Hill Plan, please address Policy 6 (page 3, attached) ifapplicable. Regarding the South Hills Study, please confirm if any portion south of I 8th Avenue is at or above 500 feet in elevation, and if so, please confirm the highest elevation and address the policy regarding on-site and off-site impacts if conditions I through 5 exist as stated in the SHS (page 5 of Exhibit A attached here) if applicable. Regarding the Metro Plan and Willakenzie Area Plan policies addressing protection of natural resources) please provide a more detailed discussion about how the proposal will reduce impacts rather than only citing that future permitting processes will address natural resource impacts through conditions. As an informational item, regarding the Goal 15 exception (page 21), the findings for OAR 660-004- 0022(6)(a) do not discuss how the proposed project will affect or reduce impacts than the existing on the scenic qualities and views as a greenway value. oregon bridge delivery partners The appropriate Laurel Hill Plan polices have been included under subsection e. Laurel Hill Plan of Section 2.7 Compliance with Metro Plan, TransPlan, WiIlakenzie Area Plan, Riverfront Park Study, Laurel Hill Plan, South Hills Study, and Entrance Beautification Study. Although it has been determined that none of the project area south of 18th A venue is at or above 500 feet, South Hills Study conditions I through 5 have been included under subsection f. South Hills Study of Section 2.7 Compliance with Metro Plan, TransPlan, WiIlakenzie Area Plan, Riverfront Park Study, Laurel Hill Plan, South Hills Study, and Entrance Beautification Study. A more detailed discussion regarding natural resource impact minimization has been included under relevant Metro Plan and Willakenzie Area Plan policies in the subsections a. Metro Plan and c. Willakenzie Area Plan of Section 2.7 Compliance with Metro Plan, TransPlan, Willakenzie Area Plan, Riverfront Park Study, Laurel Hill Plan, South Hills Study, and Entrance Beautification Study. Additional language, including a discussion about how the project will affect or reduce impacts on existing scenic qualities and views, has been added to subsection OAR 660-004-0022 Reasons Necessary to Justify an Exception Under Goal 2, Part lI(c) of Section 2.4 Compliance with OAR 660, Division 4 Exception Requirements. 50 Pages 59, 60, and 61 Page 60 Page 65 and 66 Pages 63 and 64 Pages 64 and 65 Page 65 Pages 50, 51, and 62 Page 26 - 1 UCue HeCe ved O Page5015 FEB 1 Z008 1165 Union Street NE Salem, OR 97301 t-'Ianner: BJ METRO PLAN AMENDMENT ApPLICATION Chapter 1: Project Description 1.1 Background Information The purpose of the proposed project is to replace the 1-5 Willamette River Bridge in the Eugene/Springfield Metropolitan Area (Figure I). The existing bridge was decommissioned in 2004 after the Oregon Department of Transportation (ODOT) found substantial structural problems, I including cracks in the supporting structures. Built in 1962, the existing bridge was designed using bridge standards that are no longer sufficient for the size of modem freight trucks. Replacement of the 1-5 Willamette River Bridge is needed to meet state and federal safety and mobility policies. This bridge replacement qualifies for funding from the Federal Highway Bridge Replacement and Rehabilitation Funding Program and is a key project of the Oregon Transportation Investment Act. A temporary detour bridge was built adjacent to the decommissioned bridge in 2004 and now handles all traffic.2 The detour structure does not meet current seismic standards and the construction methods used to build the structure only met environmental requirements as they applied to temporary, not permanent, structures. A permanent replacement for the decommissioned bridge is necessary to improve safety and ensure mobility of all users of 1-5 in the Eugene/Springfield area. 1-5 is a major transportation artery and the only freeway that traverses the entire length of the west coast from Mexico to Canada. Regional economies depend on the reliable use of it in the Eugene/Springfield area. The current average daily traffic (ADT) for the 1-5 WiIlamette River bridge is approximately 49,000 vehicles; ODOT predicts the use of this interstate facility to increase to approximately 73,000 ADT by 2030 (20-year design). The ultimate goal of this project is to replace the decommissioned bridge and substandard detour bridge with a permanent bridge to provide capacity to accommodate current and future traffic volumes. If the decommissioned bridge is not replaced with a permanent bridge that meets current safety and design standards, the temporary detour bridge would likely have to be upgraded to handle increasing traffic volumes and address safety concerns. I The inspection resulted in a sufficiency rating of 20 on a 100 point scale. A bridge qualifies for replacement funding from the Federal Highway Bridge Replacement and Rehabilitation Funding Program if it has a sufficiency rating under 50. 2 The detour bridge is located entirely within the jurisdictional boundaries of the City of Springfield. In 2003, Lane County and the cities of Springfield and Eugene approved a Metro Plan amendment and an exception to Statewide Planning Goal 15 (WiIlamette River Greenway) authorizing construction of the temporary detour bridge and its removal following completion of the permane~e.ficelllf"\t..!1r.il!i\E1\ TPtid exception was adopted to Metro Plan text, Policy No. 13, Chapter Ill, Section D.~tneL~:ti' Plan Amendment Request 2/0 I /2008 FEB 0 1 2008 I Planner: BJ J . Prqect Location Unn Co. .,-?- . -..-:: ~~ 4 Zr I},~ 0': ," 4.." .~ ~~ .~~ . .... 1}' . - -.,. __...... _.. .wI . - ~ ~ );'':--'' oJ .. ~ ~ ~ ~.-, L j ...~ ~ I' ~. ~- .' /~. a4"" ~ r; '~ ./ ..._~ ~ ; .' ,; I . ~ ~ r:: (Or~ I. ~ .. ..... ~ ~ ~ ~ .~ , ~ -- '" Highways /'../ Major toads CJ County boundary tIP Cities ....., VVater body .a Sreams .., o Q$ 1 2 3 4 '!vl"""'k'<<.,. - (f,) aa 1-5 WiL I<'lgunl "ieinit\' !\lnp .. Rin'r Hl'id~r PrQied . I ~"""~......... Date Received Plan Amendment Request 2/01/2008 FEB 0 1 Z008 2 e1anneI:..BJ 1.2 Project Description The 1-5 Willamette River Bridge Project proposes to remove and replace both the decommissioned bridge and the temporary detour bridge across the Willamette River, Franklin Boulevard, and 1he Union Pacific Railroad (UPRR) tracks with two new parallel bridges (one southbound and one northbound) (Figure 2). In addition, the existing bridges across the Canoe Canal would be removed and replaced with new bridges. Proposed construc1ion would include; construction and later removal of one or more temporary work bridges; demolition of the decommissioned Willamette River Bridge, Canoe Canal Bridge, and detour bridges; construction of replacement bridges; reconstruction of the roadway approaches to the bridges (1-5 and ramps); rehabilitation of1he project area, and completion of any required mitigation of project impacts. At this phase, ODOT has developed conceptual schematics illustrating the new 1-5 bridges, but has not developed detailed engineering design plans. These planning-level bridge design plans are included as part of Figure 4, which also shows two options for pier localion. This information is being used by ODOT and the Federal Highway Administration (FHW A) during environmental analysis and public. involvement; the documentation that is required by the National Environmental Policy Act (NEPA). ODOT seeks to maintain flexibility of design related to bridge form, materials, and aesthetic treatments 1hroughout the planning process, which will provide the engineers with flexibility to balance economic cons1raints and community requirements into the bridge design. Design elements described in this application are based on conceptual plan development to address current site constraints, environmental conditions, and the requirements of NEP A; therefore, information on bridge design presented in this application should be considered preliminary and is subject to change during the final bridge design process. Although there are several possible bridge designs, all would be wi1hin essentially the same footprint and will require Metro Plan amendments for placement of bridge piers and fill within the greenway area. The new crossing will be composed of two bridges over the Willamette River: one dedicated to carrying northbound traffic and the other carrying southbound traffic (Figure 3). The new bridges would be constructed in about the same location as the decommissioned and detour bridges, but would require minor shifts of alignment, as well as adjustment of the connections to 1-5 of the Franklin Boulevard ramps to meet the necessary raising of 1-5 by about ten feet (compared to the decommissioned bridge) where the bridge crosses Franklin Boulevard. The new bridges would be designed with . enough width to eventually carry up to six lanes of traffic to meet the 20-year design for future traffic needs; however, additional travel lanes are not proposed as part of this project and the new bridge would be striped to match the existing travel lanes at both the north and south ends (i.e., two lanes in each direction). The width of the proposed new Willamette River Bridges would be 64 feet "curb-to-curb" for each direction (northbound and southbound) with the total width of each bridge being about 68 feet. These bridges would be about 1800 feet long. Likewise, exis1ing 1-5 crossing of the Canoe Canal north of the Willamette River will also be replaced by a pair of new bridges, which would each Plan Amendment Request 2/01/2008 Date Received FEB 0 1 2008 3 Planner: BJ be about 200 feet long. Though there would be a slight shift in the alignment of 1-5, all improvements would remain within the existing ODOT right-of-way. For the purpose of this application, the new bridges over the Willamette River and the Canoe Canal will be considered the same facility. These bridges would meet current safety and design standards for a1l1ravel needs typical on this section of 1-5. Traffic volumes would not change as a result of the proposed bridge replacement. No additional lanes, channelization changes, or speed zone changes are planned, although the new bridges would be designed to accommodate future traffic needs. The new bridges would be cons1ructed in the same general loca1ion as the extstmg bridges and, based on the current concepts, would not require any permanent right-of- way acquisition from Alton Baker Park. The new bridge location would require some minor shifts of alignment, as well as reconnection of portions of the Franklin Boulevard northbound and southbound on/off ramps to Franklin Boulevard. The new bridges would be higher than the decommissioned bridge to provide more clearance over Franklin Boulevard, which would provide flexibility to local jurisdictions for future improvements to the Franklin Boulevard corridor, as well as meet current vertical clearance requirements for state highways. Although there are no spe'citic plans for future' improvements to Franklin Boulevard, the proposed clearances would allow the addition of turning or through lanes, sidewalks or bicycle/pedestrian paths, transi1lanes, aesthetic treatments, or other improvemen1s. The bridges over the UPRR would be long enough to allow the addition of a third track. There would be placement of new fill and removal of existing fill within the greenway associa1ed with the new 1-5 Willamette River bridges. Placemenl and removal of fill would be associated with the roadway section between the Canoe Canal bridges and the bridges that cross the Willamette River. When the detour bridges were constructed, a temporary easement from the Willamalane Park and Recreation District was acquired by ODOT for placement of fill associated with the roadway section between the Canoe Canal and the Willamette River. A condition of that easement is that fill placed within i1 for the detour bridge be removed when the permanent replacement bridge is constructed. All fill would be placed within ODOT right-of-way. Some existing fill, both within the ODOT right-of-way and within a temporary slope easemen1 east of 1-5, would be removed, resulting in a net reduction of fill. Table 2 provides an estimate of the fill placement and removal based on the conceptual designs presented in Figure 4. Fill quantity estimates presented in Table I are for the fill placement and removal associated wi1h the roadway section in the Willamette River Greenway between the Canoe Canal and the Willamette River, and do not include excavation or fill placement associated with the bridge piers (piers are discussed in the following paragraphs). Plan Amendment Request 2/01/2008 Date Received FEB 0 1 2008 Planner: BJ 4 Table 2. Estimates of fill placement and removal in cubic yards in the Willamette River Greenway based o~ conceptual desiens CIty Location Eugene North of Canoe Canal Between Canoe Canal and WiIlamette River Springfield North of Canoe Canal Between Canoe Canal and WiIlamette River Total Added Fill (yd3) Removed Fill (yd3) Net (yd3) 5,000 21,000 o o 5,000 21,000 1,000 3,000 30,000 15,000 46,000 61,000 -14,000 -43,000 -31,000 Approximately 30,000 cubic yards of fill would be placed on the north side of the Willamette River to modify the roadbed approach to the new bridges. There would be approximately 61,000 cubic yards offill removed from the approach to the detour bridge, resulting in a net decrease of 31,000 cubic yards of fill in the WiIlamette River Greenway. Fill on the south side of the Willamette River would be minimal as this bridge section would be supported entirely on piers. Fill amounts associated with temporary work bridges would be negligible because the temporary structures will likely be built on driven piles and connected to designated staging areas. Both pier configuration options (Figure 4) propose 4 piers each for the north bound and south bound bridges, for a total of 8 piers within the Willamette River Greenway. Each of the northbound and southbound piers would be side by side. The estimated size of each pier foundation is 63 feet by 30 feet; the piers for the through arch bridge would be approximately 12 feet wider (i.e., 75 feet by 30 feet) because the structural components of the bridges would be on the outside of the travel lanes. Both pier configuration options would have one set of piers located in the middle of the Willamette River, one set of piers on the north bank, one set of piers on or near the south bank, and one set of piers south of Franklin Boulevard outside the WiIlamette River Greenway. The project would result in a reduction of piers from the existing five piers for the decommissioned bridge and six piers for the detour bridge currently in the Willamette River. The Canoe Canal would be spanned completely and these bridges will be perched on fill associated with the roadway previously described. Plan Amendment Request 2/0 1/2008 Date Received FEB 0 1 2008 5 Planner: BJ Ci l 15!~ ~ ,:ell ~ ~ ~ ,I ~1 I: '-I "~ ,...~ e. , " ~ ~ ...;)j"e" "~ ~ . "'lJ"!,,~ ~ !;j ." ..... ~.. ~~:, ......, ~ " - ~'.;. ~ , I [ " . J 99 \... .'. ,1:1 :: ~' '. ,p '" .. $ .. I:l! ;.;;.j I."! i.~ '" ~.-';. ~ . R '"' :1 , - ,;, ~~1, . ,~. ..." 'J.. ..'4'+"~.rr' " . \i! '-, " .!~.: .. .....1" '''" .. ~ ~ p '~ ~ I!) . Parks r~J Willamette River Greenway (fl Eugene Crty Limits Q Springfield City Limits CJ Project area All Highways /'../ Major roads a o 280 560 8401.t'lO ~ ,~ , .. ~ .. ::;(~ , ts-. . {oJi.. ~ . r- lII;" - <Zl'k,'. ~U""'HIlIAnta~.". .:iIJ.. ._,~... .~'" ~ . eo " . " ,~ I '.1t;!,~(n-~'U - C!? .c:!IIA. ~l.COOOI5..._ISII'I Flgutl' 2 Project Area 1-5 "llb"""tt_ Rh-_r Bride_ P,'oj_ct Plan Amendment Request 2/0 1/2008 Date Received FEB 0 1 2008 6 '" Planner: BJ @ Rebuilt road'wvays ~ Replacement bridges /'V Potential wall locations /'V Toes to slope .. INillamette River Greenway o 130_460~,._9 ""'P"" "Oi., - r.=-. ..... .~/~ Flgurt' 3 Location of Pmpooed R<placem<nt Briu~.. 1-5 "lIlamelto Rh'or Brideo Projoct , """'lCOOOOS............... Plan Amendment Request 2/01/2008 Date Received FEB 0 1 2008 7 Planner: BJ .. 1.3 Temporary Construction Facilities As with any significant bridge construction, the 1-5 Willamette River Bridge Project will require temporary construction facilities, including staging areas and temporary work bridges. The specific operations in regard to temporary construction facilities will be determined by the contractor selected by OOOT to construct the project. Requirements and restrictions will be placed on their operations to minimize environmental impacts, meet regulatory requirements, and meet commitments made during the public involvement process. These measures will be defined during the NEPA process and may include keeping bicycle/pedestrian paths open and safe, noise restrictions, or work hour limits. Staging areas and haul roads would be designated by OOOT for the contractor. For the purpose of this application, OOOT assumes that two areas would be required for construction and demolition, one on each side of the river, and haul routes to these staging areas will be available (Figure 5), The currently-proposed staging areas would be located on OOOT right-of-way (Figure 5), but would also require the temporary occupancy of three parcels not currently owned by OOOT, including portions of Alton Baker Park, within the greenway, adjacent to \-5. OOOT would acquire temporary easements for use of non-OOOT property durjng construction. Figure 5 shows very conservative estimates of the maximum areas that may potentially be needed for staging. Actual areas are likely to be less than shown in Figure 5. The northern staging area would likely be located partially withjn Alton Baker Park. This site would be accessed via Walnut Street, now a bicycle/pedestrian path. This is the same route that was used for access during construction of the detour bridge. The southern staging area would be located jn a clearing adjacent to the trail east of the detour bridge. Franklin Boulevard will be used for access to the southern staging area, The proposed staging areas would occupy approximately five acres within the Willamette River Greenway. Temporary work bridges would be constructed to facilitate the construction of the new bridges and the demolitjon of the old bridges. The work bridges would likely use driven piles to create a stable and temporary work platform across the river. The use of this technique will not require any significant till to construct the work bridges. The two work bridges, including all pilings, would be removed after the project js complete, and the staging areas would be restored to original conditions prior to construction. The use of temporary construction facilities is a necessary part of the proposed project and OOOT will implement mitigation and conservation measures developed during the environmental permitting process to limit these temporary impacts. Plan Amendment Request 2/01/2008 Date Received FEB 0 1 2008 8 Planner: BJ 1u~/"~r Pier Confiauration ODtions .*, / -------- ~ Plan Amendment Request 2/01/2008 Box GiRDeR BRIDGE Date Received FEB 0 1 2008 9 Planner: BJ (/~ - . '" . - DECK ARCH BRIDGE l THROUGH ARCH BRIDGE TYPE Figure 4: Pier Location Options and Conceptual Bridge Designs Plan Amendment Request 2/01/2008 Date Received FEB 0 1 2008 PlannenoBJ "'~. ., 'r, ~:~:! .~ '~." . 4l>'....,~, ~~ r- < , <11 '.~ ~~, ,~ .~i; , ~. 4'(~ f~" ~ ...., ....- " ;.~.. .j . ....... ",',. 1I .. ~Bike;;p.~J l . . .. '" . f . . " ~ Q Staging areas ~ Vvll1amette River Greenway · Parka 9 Rlgtrt-ol'-YAy /'\../ fUghkl4'.W.y En-n o 1~ 150 m 300 ~~ - (f)m8. \ P"'''~d'''';"'''''~d.;::~:.\\,'r..::. Received Plan Amendment Request 2/0 1/2008 FEB 0 1 2008 II Planner: BJ 1.4 Duration and Sequence of Construction Construction of the project would take up to four years. As planned, construction would begin as early as 2009 and continue through 2012. Demolition of the existing bridges and construction of the new facilities would require three summers of in-water work which is only allowed from June I to September 30. The actual sequence of construction has not been determined, but a likely sequence would be: . Remove decommissioned bridges and construct temporary work bridge . Construct new southbound bridges and connecting roadway . Temporarily put both directions ofl-5 traffic on the new southbound bridges . Remove the detour bridges and construct temporary work bridge . Construct the new northbound bridges and connecting roadway . Remove work bridge and restore the project area . Inspection and monitoring done throughout construction. Traffic would be maintained on 1-5, Franklin Boulevard, the railroad, and the bicycle/pedestrian paths throughout construction. Some short term road closures may be required, but these would be limited to a few hours. It may be necessary to close portions of the bicycle/pedestrian paths for longer periods (i.e., up to several days). A continuous route across ODOT right-of-way for the bicycle/pedestrian pathways would be maintained on both the north side and the south side of river during construction. 1.5 Budget and Funding Sources The 1-5 WiIlamette River Bridge Project is part of the Oregon Transportation Investment Act (OTIA) III State Bridge Delivery Program, which involves the repair and replacement of more than 300 bridges statewide over a 10 year period. The 1-5 Willamette River Bridge project is the largest in the $ 1.3 billion OTIA III program, The project is funded at $180 million, which includes preliminary engineering and design, right-of-way acquisition (if needed), demolition, road work, structures, ties to the existing transportation system, and all construction and inspection. Of the overall budget, approximately $70 million is designated just for the bridge structures crossing the river, railroad, and Franklin Boulevard, and Canoe Canal. This includes approximately $10 million earmarked for additional bridge aesthetics. The Safe, Accountable, Flexible, Efficient, Transportation Equity Act: A Legacy for Users, a federal transportation funding package, will provide $30 million for this project supplementing the $150 million from state sources. The OTIA III program emphasizes using local subcontractors and material supplier; therefore, a substantial portion of the project cost is expected to be spent in the Eugene/Springfield area over a four year period. Plan Amendment Request '2/01/2008 Date Received FEB 0 1 ~~08 Planner: BJ 1.6 Proposed Mitigation Measures ODOT seeks to preserve scenic, aesthetic, historic, and environmental resources throughout the proposed project. The NEPA environmental document will identify proposed measures that avoid, minimize, and/or mitigate environmental impacts; these measures will be finalized based on public and agency comments as part of the environmental process. The final bridge design will incorporate input from the local community and comply with all pertinent environmental regulations. Construction activities will follow the best management practices designed to minimize impacts to resources. Such practices include, but are not limited to, dust, noise, and erosion control. To avoid, minimize, and/or mitigate the impacts of this project, ODOT proposes the following general measures, among others: · Meet OTIA 111 Environmental Performance Standards in order to meet the requirements of the programmatic environmental permits that apply to the statewide bridge program. These performance standards define the level of effect that a project may have upon the environffient, thereby limiting or avoiding impacts to the environment, through the use of proper planning, design, and construction activities, . Continue public involvement through design and construction · Plan traffic management to keep all travel modes open and safe during construction . Limit work hours . Restore/enhance affected areas . Limit project noise Specific mitigation measures in addition to those listed above will be determined during the final design and NEP A processes. 1. 7 Public Involvement Efforts ODOT recognizes the need for citizen participation in all phases of this project; therefore, ODOT initiated a public outreach and involvement program that includes a variety of outreach methods including public meetings, open houses, newsletters, project website, and local agency consultation. In addition, an II-member Community Advisory Group (CAG), composed of representatives of key community organizations and neighborhood groups, has provided input on the purpose and need, goals and objectives, environmental issues, bridge type, design features, and other project planning issues. Organizations represented on the CAG are: o Citizen Planning Committee for the Whilamut Natural Area · Willamalane Park and Recreation District o Eugene Parks and Open Space Division . Laurel Hill Valley Citizens Association o Fairmount Neighbors '." 'i Harlow Neighbors ... ';~",:" Date Received FEB 0 r 2008 '. . ~t .. :;',Plail Amendment Request 2/0112008 ':',i.-! Planne~?' BJ \, . '.r" ' . Glenwood Neighborhood Group . Springfield Neighborhood (northeast of project area) . Springfield Chamber of Commerce . Eugene Area Chamber of Commerce . University of Oregon The CAG functions in an advisory role and provides recommendations to the Project Development Team (PDT). The PDT consists often members that include representatives from ODOT, FHW A, the cities of Eugene and Springfield, Lane County, and the CAG. The PDT will use recommendations from the CAG, information from technical analyses, and input from agencies and the public to make decisions concerning the project. An Environmental Assessment (EA) is being prepared by ODOT to comply with the National Environmental Policy Act requirements for environmental review. The EA will be released for public comment in January 2007. Plan Amendment Request 2/0112008 Date Received FEB 0 1 2008 14 Planner: BJ Chapter 2: Legal Findings 2.1 Requested Plan Amendments Metro Plan Amendment Authorization to construct the l-5 Willamette River replacement bridges within the Willamette River greenway setback area, including work associated with the approaches to the bridges and removal of the decommissioned, existing Canoe Canal and temporary detour bridges, requires the Cities of Eugene and Springfield and Lane County to approve the following Metro Plan amendment: · An amendment in the form of an exception as required by Metro Plan, Chapter III, Section D, Policy 11, authorizing the placement of fill within the greenway setback a,rea associated with: o Construction of the new bridges, (including fill associated with any temporary bridges needed to remove the decommissioned bridge or construct the new permanent bridges). o Removal of the detour bridge (including fill associated with any temporary bridges needed to remove the detour bridge) 3 Statewide Planning Goal 15 Amendment Although the project is exempt from Statewide Planning Goal 15 (Willamette River Greenway) because 1-5 is an existing urban use, OOOT also requests approval of a Goal 15 Metro Plan amendment as a precautionary measure: · An amendment in the form of a goal exception to Statewide Planning Goal 15 (Willamette River Greenway), authorizing a nonwater-dependent and nonwater- related use within the established greenway setback. Under Goal 15, the approaches associated with the new 1-5 bridges are not considered to be water- dependent or for water-related use. Willakenzie Area Plan Amendment Additionally, authorization to construct a replacement 1-5 bridge requires the City of Eugene to approve: 3 The 2003 Metro Plan amendment approving an exception for the detour bridge provides for the removal , , of tha.~ bridge but does not expressly authorize fiU associated with the construction tempora~emflitio", . 'bridges that are needed to remove the detour bridge. Uale necelved ',', Plan Amendment Request 2/01/2008 FEB 0 1 2008 15 Planner: !t~Ui . An amendment to the Willakenzie Area Plan to permit structures and fill associated with the new 1-5 bridges to be constructed within the first 35 feet from the top of the riverbank within the greenway in the Willakenzie area. TransPlan and Regional Transportation Plan (RTP) The new bridges will be replacement bridges to the decommissioned 1-5 bridge and Canoe Canal bridge, which are part of the 1-5 interstate highway facility whose existence is identified in the TransPlan. As such, the new bridges will not be providing a use that does not already exist.4 The new bridges will initially be striped to accommodate two travel lanes in each direction. This was the striping pattern on the decommissioned bridge, and is the current striping pattern on the detour bridge. The new bridges will be designed to expand to three travel lanes in each direction at such time as three travel lanes are warranted. This is consistent with TransPlan Projects 150 and 260, both of which provide for the future expansion ofI-5 to six lanes in this area.5 The 1-5 Willamette River Bridge replacement project is in both the Metropolitan Transportation Improvement Plan (MTIP) and the RTP. The project is part of the aTIA III Statewide Bridge Replacement Program and is identified as "Bundle 220." The project has funding in the amount of $180 million, which covers not only the costs of removing the decommissioned Canoe Canal and detour bridges and constructing the replacement bridges, but also all associated costs, including the costs for preparing federal environmental documents and obtaining land use plan amendments and permits. Other Permits Following approval of these plan amendments, land use permits will be needed for bridge construction to proceed. These permits are not being requested as part of this application; instead, separate applications for these permits will be filed at a future time. Needed permits will include: City of Eugene: . A Type III Willamette River Greenway permit under Eugene Code (Ee) 9.8800 through 9.8825 because the replacement bridges constitute "development" within the greenway boundary. o A Type II "WR Standards Review" approval pursuant to EC 9.4930(3)(b), 9.4980 and 9.8460 through 9.8474, for any fill, grading, vegetation removal, or new structures within the WR conservation area. 4 Because the original 1-5 bridge is located inside an urban growth boundary, and because the bridge predated Goal \5, no Goal \5 exceptions were required to include the b,idge in the Metro Plan and TransPlan. Consequently, OAR 660-004-0018(4)(b) does not apply. 5 Project 150 (1-5 at Willamette River/Franklin Boulevard Interchange) provides: "Interchange ,econstruction to create one full interchange to improve operations and safety, reconstruct ramps and bridges to mqdem standards, and provide for 6 lanes on 1-5." Project 260 (1-5 between \-105 and Hi~ay . d 58 Goshen) provides: "Widen remaining sections to 6 lanes." Date H.ecelve Plan Amendment Request 2/01/2008 FEB 0 1\Z008 Planner: B~ o A Site Development Permit (or similar building permit), and a FEMA "no-rise" certification for any construction or structures within the floodway/special flood hazard area. City of Springfield: o A Type III Discretionary Use Approval under Springfield Development Code (SDC) 25.050 and 10.030(1) because the replacement bridges will have a significant visual impact. o An administrative "determination" from the Springfield Planning Director pursuant to SDC 31.240(2) that the replacement bridges and possibly the removal of the original 1-5 bridge, Canoe Canal bridge and detour bridge, and construction of a temporary work platform for the detour bridge, will not "diminish riparian function" of affected riparian areas. o A Type 1 permit to allow construction in the floodplain or flood way. 2.2 Applicable Review Procedures and Standards Under Eugene Code (EC) 9.9700(1),6 a Metro Plan amendment requiring'an exception not related to an urban growth boundary expansion is a "Type 1". Metro Plan Amendment.7 Under EC 9.7730(1)(b), this kind of amendment must be approved by all three of the governing bodies that adopted the Metro Plan - the City of Eugene, the City of Springfield, and Lane County. EC 9.7745 sets the procedural requirements where the three jurisdiction approval process is used. That process includes a joint public hearing before the planning commissions of Eugene, Springfield and Lane County, followed by a joint public hearing before the governing bodies of these local governments, then individual decision"making by each governing body. The proposed amendment to the Willakenzie Area Plan can be processed and considered by the City of Eugene concurrently with the Metro Plan amendments. The criteria for amending the Metro Plan are outlined in EC 9.7730(3) as follows: (3) Criteria for Approval of Plan Amendment. The following criteria shall be applied by the city council in approving or denying a Metro Plan amendment application: (a) The amendment must be consistent with the relevant statewide planning goals adopted by the Land Conservation and Development Commission; and (b) Adoption of the amendment must not make the Metro Plan internally inconsistent. 6 The Springfield and Lane County development codes contain similar provisions, Because Eugene is the 'eadjurisdiction on this application, ,eferences provided herein are to'the Eugene code. 7 Site-specific plan text amendments generally a,e processed as Type II Metro Plan amendments. However, they become Type I amendments when they include goal exceptions, Pursuant to EC 9,77 I 5(I)(a), ODOT " " .,,is su)2.mitting to ~ugene a written request for the City Council to initiate the proposed Type I ~'t Re e'lved~' }-. . J'.~,~;-" ,~,.(amendments~~' Ui:1 e c ' ~""-$ . ., , , . ,,c' '" . ',.;,.~ ',_.. ,~ .~i " , . Plan AInendme~t Request FEB 0 1 2008" '/,.." ., .". "'t"' f... 2/01/2008 17 ":"1;", ',.~ Planner: sJ' ,.', To demonstrate compliance with these criteria, this application considers and makes findings addressing: o Statewide Planning Goal 15 o ORS 390.310 to 390.368 (Willamette Greenway Statutes) . OAR 660, Division 4 (Goal Exceptions) o Other relevant statewide goals o Metro Plan Chapter III, Section 0, Policy II o Other relevant Metro Plan and TransPlan policies (Unamended Portions) This document has been constructed to serve as the findings of fact and statement of reasons for Lane County and the Cities of Eugene and Springfield, so that it can be adopted in support of a decision to approve the requested plan amendments. 2.3 Requirements for Exceptions tinder Statewide Planning Goal 15 (Willamette River Greenway) and Metro Plan Chapter III, Section D,Policy 11 a. Overview of Applicable Greenway Requirements This application requests and justifies exceptions both to Statewide Planning Goal 15 and to Metro Plan, Chapter III, Section 0, Policy II, As described in more detail below, ODOT concludes that this project does not require a Goal 15 exception because (I) replacing bridges and their approaches upon the same roadway alignment is a continuation of an existing urban use, and (2) Goal 15 Section C(3)(J) allows lands committed to urban uses within the greenway to continue as urban uses. Still, as a precautionary measure, ODOT requests approval of a Goal 15 exception "in the alternative" because 1-5 is an essential statewide transportation facility, a structurally safe bridge over the Willarnette River is a critical component of this facility, time is of the essence in completing this bridge replacement project, and ODOT seeks to avoid delays that could occur through an appeal challenging the absence of a Goal 15 exception. Accordingly, with regard to Goal 15, ODOT asks that the cities and county: o Expressly find that this bridge replacement project is exempt from a Goal IS exception, but o Adopt a Goal 15 exception "in the alternative" nonetheless, to take effect if and only if, on appeal, the Land Use Board of Appeals or an appellate court body should hold that the bridge replacement project requires a Goal 15 exception. The Metro Plan requires an exception if a transportation facility requires placing fill within the greenway setback. Here, the demolition of the decommissioned Canoe Canal and detour bridges, and construction of the replacement bridges will require placement of fill within the greenway setback. This includes construction/demolition of temporary Plan Amendment Request 2/01/2008 Date Receivern FEB 0 \ s2008 Planner: 8",1 '.," work bridges to remove the decommissioned or detour bridges and construct the replacement bridges. Accordingly, a Metro Plan exception is required. b. Goal 15 Allows Existing Uses to Continue Without an Exception As discussed in the alternative findings set out below, 1-5 is not considered to be water- dependent or for water-related use. As such, to be located within the greenway setback, it typjcally would require an exception to Goal 15. However, Goal 15, Section C(3)(J) exempts certain lands within the greenway from the requirements. Specifically, "lands committed to urban uses" are permitted to continue as urban uses: "Development shall be directed away from the river to the greatest degree possible; provided, however, lands committed to urban uses within the greenway shall be permitted to continue as urban uses..." (Emphasis added.) Goal 15, Section K(2), defines "lands committed to urban use" in part as "those lands on which the economic, developmental, and locational factors have, when considered together;made the use of the property for other than urban purposes inappropriate." ODOT's 1-5 right-of-way, including 1-5 and the 1-5 Willamette River Bridge, constitutes "land ... committed to urban use" within the greenway as so defined. Since the 1960s, before the WilIamette River greenway was established, 1-5 has served the mobility and interstate commerce needs of Oregonians and other interstate travelers at this location, The 1999 Oregon Highway Plan (OHP) classifies 1-5 as an "interstate highway" - its highest category of state highway - and identifies it as a major freight route. As an interstate highway, 1-5 provides connections to major cities, regions of the state, and other states. Within the Eugene-Springfield metropolitan area, it also provides connections for regional trips. Today, approximately 49,000 vehicles, including large numbers of trucks hauling freight, cross the Willamette River on 1-5 on a daily basis. By 2030, daily trips are expected to increase to 73,000. ODOT's management objective for interstate highways is to provide safe and efficient high-speed continuous-flow operation in urban and rural areas. 1-5 is critical to the efficient and reliable movement of freight within and through the metropolitan region and the state. As the OHP notes, in 2002 nearly 76 percent of the total freight tonnage and 82 percent of the total freight value was carried by trucks. TransPlan recognizes the importance on-5 to move people and goods within and through the region and state. In summary, ODOT's 1-5 right-of-way is physically developed with an urban use (interstate highway), and the economic, developmental, and locational factors as described in Goal 15 Section K(2) make use of that right-of-way for other purposes inappwl-,,;ate. Accordingly, the 1-5 right-of-way is committed to urban uses and may continue to be so used under Goal 15 Section C(3 )(j) without need for an exception. Date RerAived Plan Amendment Request . 2/01/2008 FER U ~ ?nOS 19 Plan''''''...... "'J ~ ,,: ~~ fj', ff' , a'~ .' 0, ".' ~ CI "-' " c. Goal 15 Alternative Findings: Need for a Goal IS Exception Notwithstanding the analysis immediately above, ODOT asks that Eugene, Springfield, and Lane County approve a Goal 15 Metro Plan exception "in the alternative" because this project is time sensitive, the analysis above may be challenged, and approval of an exception in the alternative may well avoid undue delay. Because the Goal 15 exception would be adopted in the alternative, ODOT asks that the adopting ordinance or resolution provide for the exception to take effect only in the event that a reviewing body, on appeal ofthe decision, should conclude that a Goal 15 exception is necessary. If a Goal 15 exception is required, it would be for the following reasons. 1. Application of Goal 15 Statewide Plannjng Goal 15, Willamette River Greenway, provides that: "The qualities of the Willamette River shall be protected, conserved, enhanced, and maintained consistent with the lawful uses present on December 6, 1974. Intensification of' uses, changes in use, or developments may be permitted after this date only when they are consistent with the Willamette Greenway Statute, this goal and [the statewide planning goals]. ,,8 An initial question is whether the bridge replacement is an "intensification" or "change of use," or "development" as those terms are defined in Goal 15. If so, then the replacement must be consistent with the greenway statute, Goal 15, and the other applicable standards. Goal 15 defines "intensification of use" to mean "any additions that increase or expand the area or amount of an existing use, or the level of activity." [Goal 15, Section K(3) (emphasis added)]. Because the proposed replacement bridges would be striped for four travel lanes (two in each direction) consistent with existing conditions, they would not increase or expand the amount of traffic currently using the bridge. Existing vehicle trips would merely shift over from the detour bridge to the replacement bridges. However, because the replacement bridges would have a wider footprint than the decommissioned bridge to accommodate future restriping from four to six travel lanes, the project arguably increases or expands the area of the existing use. As such, it can be argued that the project constitutes an "intensification of use." :42~~~;~;{" '" 4'.,1: -, 1'.i ;'~" ~,'~ "'j'''l*''''t ~r\ Goal 15 defines" change in use" as "making a different use of the land or water than that which existed on December 6, 1975." [Goal 15, Section K(l)l. This includes "a change which requires construction, alterations of the land, water, or other areas outside of existing buildings or structures and that substantially alters or affects the land or water." Because the replacement bridges would serve the same function as the decommissioned 1-5 bridge and Canoe Canal bridge, namely to maintain connectivity and mobility for all I...i , Date Received FEB 0 1 200~0 Planner: BJ . , ': 8 The Willamette G,eenway statutes a,e in ORS chapter 390.310 to 390.368. ..\ Plan Amendment Request 2/01/2008 : -~-.- users of 1-5 over the Willamette River in the Eugene/Springfield metropolitan area, this project does not involve a "change in use." The statewide planning goals define "development" as "[t]he act, process, or result of developing." In turn, "develop" is defined as "[t]o bring about growth or availability; to construct or alter a structure; ... to make a physical change in the use or appearance of land, ...." [Statewide Planning Goals, Definitions (emphasis added)]. Given the breadth of this definitjon, repair or construction of a new bridge of any size could be interpreted as involving "development," even if the use is not changed or intensified. It follows that the bridge constjtutes a "development" and that Goal 15 applies. 2. Goal 15 and OAR 660-004-0022(6) Require Exceptions for Uses that are Neither Water-Dependent nor Water-Related The Land Conservation and Development Commission (LCDq administrative rule governing goal exceptions, OAR 660-004-0022(6), states that within urban areas, the proposed siting of uses that are neither water-dependent nor water-related within the Willamette River greenway setback area requires exceptions. The rule provides: "(6) Willamette Greenway: Within an urban area designated' on' the approved WiIlamette Greenway Boundary maps, the siting of uses which are neither water-dependent nor water,related within the setback line required by Section C3.k of the Goal may be approved where reasons demonstrate the following: (a) The use will not have a significant adverse effect on the greenway values of the site under construction or on adjacent land or water areas; (b) The use will not significantly reduce the sites available for water- dependent or water-related uses within the jurisdiction; (c) The use will provide a significant public benefit; and (d) The use is consistent with the Legislative findings and policy in ORS 390.314 and the Willamette Greenway Plan approved by LCDC under ORS 390.322." (Emphasis added.) Because ODOT is not siting a new use, but rather replacing an existing bridge with a new bridge, jt is not clear whether this section applies.9 For purposes of this analysis, ODOT assumes, without conceding, that it does apply. The proposed replacement bridges are located within both the Eugene-Springfield urban growth boundary and the Willamette River' greenway setback lines. If the proposed replacement bridges are neither water- 9 Although this rule does not expressly distinguish between new and existing uses, LlJBA or an appellate court. could find that the rule was intended to apply only to the siting of new uses ,ather ~liI;e R . d ,} ~ep!a~".~~ntofa~e~jstjng use. UdU eCAIVe Plan Amendment Request 2/01/2008 FEB 0 1 2008 21 Planner: b,J ,. ". ~" ' dependent nor water-related, they will require an exception demonstrating compliance with these standards unless otherwise exempted by Goal 15 Section C(3)(j). 3. The 1-5 Replacement Bridge Approaches are not Water- Dependent or for Water-Related Use Under Goal 15, structures that are "water-dependent" or "water, related" are permitted within the greenway setback area. As defined in the statewide planning goals, "water- dependent" means: "A use or activity which can be carried out only on, in, or adjacent to water areas because the use requires access to the water body for water- borne transportation, recreation, energy production, or source of water." "Water-related" means: "Uses which are not directly dependent upon access to a water body, but which provide goods or services that are directly associated with water- dependent land or waterway use, and which, if not located adjacent to water, would result in a public loss of quality in the goods or services offered. Except as necessary for water-dependent or water-related uses or facilities, ... roads and highways ... are not generally considered dependent on or related to water location needs." (Emphasis added,) Given the highlighted language and the fact that (1) the 1-5 approaches to the replacement bridges will require fill within the greenway setback,1O and (2) LCDC, in the context of the statewide coastal goals (Goals 16-19), has ordered that bridge approaches requiring fill are not water-dependent or water-related uses, the project should not be considered a water-dependent or water-related use. II Accordingly, the replacement bridge project requires a Goal 15 exception unless otherwise exempted by Goal 15, Section C(3)(j), d. Metro Plan, Chapter III, Section D, Policy 11 Requires an Exception to Place Fill in the Greenway Setback Independent of Statewide Planning Goal 15, the Metro Plan's acknowledged greenway policies require a goal exception to locate a non-water-dependent transportation facility within the greenway setback if the proposed use involves placement offill in the setback. See Metro Plan, Chapter III, Section D, Policy 11 [formerly policy 13], which provides: 10 Tn the vicinity of the T-5 bridge, Springfield has adopted setback lines for the WilIamelte Rive, on both the north and south sides, The north side setback parallels the north edge of the tree line adjacent to the Canoe Canal, extending from the 1-5 cente,line to the intake structure for the Canoe Canal at the Aspen St,eet/West D Street boat ramp, The south side setback is five feet from the top of the bank from the T-5 centerline to a point approximately 1000 feet east. Eugene has established a setback Iinc only fo, the north side of the river, which extends 35 feet from the river. II Tn conve,sations with the Department of Land Conservation and Development (DLCD) staff, the Department,>yas unable to identitY precedence one way 0' the other with respect to Goal 15, Their , suggestion was to assume that Goal 15 would be interp,eted in a manne, simila, to the coastal Bate R ece 1\, ed Plan Amendment Request 2/0112008 FE~20 1 2008 Planner: ~J "The taking of an exception shall be required if a nonwater-dependent transportation facility requires placing of fill within the WilIamette River Greenway setback. " As both Springfield and Eugene interpret their plans, the replacement bridges are not water-dependent transportation facilities. Consequently, because the project will involve placing fill within the greenway setback, it will require a Goal 15 exception pursuant to this Metro Plan policy, Likewise, temporary work bridges needed to construct the replacement bridges or demolish the decommissioned bridge or detour bridge would not be considered water-dependent transportation facilities and will require goal exceptions to the extent they require fill. The exceptions taken herein are intended to include all such bridges. 2.4 Compliance with OAR 660, Division 4 Exception Requirements The requirements for Goal exceptions are outlined m OAR 660, Division 4. These requirements are met for the following reasons, OAR 660-004-0018 Planning and Zoning for Exception Areas (4) "Reasons" Exceptions: (a) When a local government takes an exception under the "Reasons" section of ORS 197, 732(1)(c) and OAR 660-004-0020 through 660-004-0022, plan and zone designations must limit the uses, density, public facilities and services, and activities to only those that are justified in the exception; (b) When a local government changes the types or intensities of uses or public facilities and services within an area approved as a "Reasons" exception, a new "Reasons" exception is required; The taking of goal exceptions requires and results in amendments to the Metro Plan.12 The exception provides for the continuation of the existing use ofT - 5 by motor vehicles for interstate mobility and commerce purposes. The new 1-5 Willamette River bridges are needed to accommodate that use.13 The new bridges will be replacement bridges to the decommissioned 1-5 bridge and Canoe Canal bridge, which are part of the 1-5 interstate highway facility whose existence is identified in the TransPlan.,As such, the new bridges will not be providing a.use that 12 See ORS 197,732(8), defining "exception" as a comprehensive plan provision, including an amendment to an acknowledged comprehensive plan. 13 As used in these findings, reference to the new [-5 WiIlamette River Bridges includes the ~r~"ihes ll\ . those bridges and furthe, includes the new bridges crossing the Canoe ~anal and their approatlttUe NeCelVed Plan Amendment Request 2/01/2008 FEB 0 1 2008 23 Planner: Bj~? does not already exist.14 The new bridges will initially be striped to accommodate two travel lanes in each direction. This was the striping pattern on the decommissioned bridge, and is the current striping pattern on the detour bridge. The new bridges will be designed to expand to three travel lanes in each direction at such time as three travel lanes are warranted. This is consistent with TransPlan Projects ISO and 260, both of which provide for the future expansion ofI-5 to six lanes in this area. 15 OAR 660-004-0022 Reasons Necessary to Justify an Exception Under Goal 2, Part II(c) An exception under Goal 2, Part II(c) can be taken for any use not allowed by the applicable goal(s), The types of reasons that mayor may not be used to justifY certain types of uses not allowed on resource lands are set forth in the following sections of this rule: ... "(6) Willamette Greenway: Within an urban area designated on the approved Willamette Greenway Boundary maps, the siting of uses which are, neither water-dependent nor water-related within the setback line required by Section C.3.k of the Goal may be approved where reasons demonstrate the following: (a) The use will not have a significant adverse effect on the greenway values of the site under construction or on adjacent land or wate'r areas;... " ODOT is proposing to construct a new replacement bridge, in the form of two new parallel bridges over the Willamette River and Canoe Canal, to replace the original 1-5 Willamette River Bridge and Canoe Canal Bridge and the temporary detour bridge across the Willamette River. The new bridges would constitute a portion of 1-5, an interstate highway and major freight route providing connections to major cities and regions of the state and to other states. The new brid~es would be located in the same location as the decommissioned and detour bridges, 1 although they would require minor shifts of alignment and reconnection of portions of the Franklin Boulevard northbound and southbound on/off ramps as dictated by bridge design. Although initially striped for four lanes, the new bridges would be designed to accommodate six lanes of traffic. They would also be designed to allow future widening of Franklin Boulevard and to not prohibit possible future improvements to the Franklin Boulevard Interchange, These design features are consistent with TransPlan Projects ISO and 260. 14 Because the original 1-5 bridge is located inside an urban growth boundary, and because the bridge predated Goal 15, no Goal 15 exceptions were required to include the bridge in the Metro Plan and T,ansPlan, Consequently, OAR 660-004-00l8(4)(b) does not apply. 15 Project 150 (1-5 at Willamette River/Franklin Boulevard Interchange) provides: "Interchange ,econstruction to create one full inte,change to improve operations and safety, reconstruct ramps and bridges to modem standa,ds, and provide for 6 lanes on 1-5." Project 260 (1-5 between 1-105 and Highway 58 Goshen) provides: "Widen remaining sections to 6 lanes," 16 The new Canoe Canal bridges a,e extensions of the new [-5 Willamette River replacement bridges and " .1d would be,located in essentially the same location as the existing Canoe Canal bridOate Received Plan Amendment Request 2/01/2008 FEB 01 200824 PI~nnAr' R.I The replacement bridges and all associated fill will be located entirely within ODOT right-of-way. Hence, the "site under construction" is the ODOT right-of-way extending from approximately the Glenwood Interchange northward across the Willamette River to CentenniaUMLK Blvd. North of the Willamette River, Alton Baker Park lies west and East Alton Baker Park lies east of the 1-5 right-of-way. The area adjacent to ODOT's right-of-way is used as open space. Access connecting both sides of the park is provided through ODOT's right-of-way under the original 1-5 bridge. The park is part of a larger regional riverfront park and open space system serving multiple recreational needs of the Eugene-Springfield community. Along the greenway, the open space contributes to the protection of natural, scenic, and recreational greenway values, including fish and wildlife habitat, water quality, protection from flooding, and public recreation. A bicycle- pedestrian path traverses the length of this riverfront park system, linking Eugene with Springfield. This path traverses the ODOT right-of-way underneath the original bridge. Because the replacement bridges and associated fill will be located within existing ODOT right-of-way, which is outside Alton Baker Park and East Alton Baker Park, there will be no reduction in the amount of permanent open space available at the parks. Because the bridges replace an existing, structurally defective bridge, there will be no change in use. Existing park and river \lsers are accustomed to experiencing interstate travel at this location. The bicycle-pedestrian path linking Eugene and Springfield will continue to traverse ODOT's right-of-way below the new bridges. Public access to the river will not be affected, and protection to riparian areas and fish and wildlife habitat will be maintained to the greatest possible extent.!7 For all of these reasons, there will be no significant adverse effect on the greenway values of either the site under construction or the adjacent land and water areas. Prior to construction of the replacement bridges, the decommissioned bridge and Canoe Canal bridge will be demolished. Following construction of the replacement bridges, the temporary detour bridge will he demolished. The new bridges will occupy no greater area than the combined area occupied by the decommissioned Canoe Canal and detour bridges, and thus will have no significant adverse effect on views of the Willamette River. The project will create some short term construction impacts, but these impacts will be temporary in nature and have no lasting adverse effects. Staging for bridge construction is likely to occupy up to five acres of park open space for up to four years. ODOT is working with the City of Eugene and Willamalane Park and Recreation District to develop a plan to handle staging, It is likely the bicycle/pedestrian path crossing ODOT's right-of-way will be closed for periods of up to a few days at a time; however,. another path under the Canoe Canal Bridge, located approximately 600 feet to the north of this path, would remain open during any closures to accommodate bicycle and pedestrian traffic. Bridge construction and demolition, including construction and removal of t7 Because the ODOT right-of-way "under construction" is outside East Alton Baker Park and committed to u,ban use through development that preceded establishment of the WiIlamette River G,eenway, it is questionable whether it has "greenway values." [fit does, those values would be in the f"f'li Of;jl)(nDeCe',ved views of the park and river, both of which the project retains. U al\:::l n Plan Amendment Request 2/01/2008 FEB 0 1 Z008 25 Planner: BJ '~~ associated temporary work platforms, will impact riparian vegetation. within the greenway. Through the permitting process, these impacts can and will be minimized to the extent practicable and mitigated, with all areas disturbed by the project returned to conditions at least as good as they were before the project. At the conclusion of bridge construction, fill placed for the detour bridge and for temporary work bridges will be removed and those areas will be restored. The new replacement bridges will span the WiIlamette River and Canoe Canal and not interfere with current boat use on the river or the canal. Piers will be placed in the Willamette River to support the bridge structures. The new bridges will have one pier near the center of the river and one on or near the south bank. By comparison, the decommissioned bridge has five piers in the water, and the detour bridge has six, so the new bridges will provide a substantial net reduction in piers. All in-river work and pilings will comply with all state, federal, and local regulations. Access to the river bank will remain unchanged. The reduction in the total number of piers and in the number of piers within the Willamette River will greatly improve views of the river and, as such, contribute to a significant positive visual impact. Also, because a key consideration of the project is providing an aesthetically pleasing solution that recognizes the scenic beauty of the project area, ODOT has considered a range of bridge types and pier options, taking carefully into consideration community input obtained through a public process. At this phase, ODOT has developed two conceptual schematics illustrating the new 1-5 bridges, but ODOT has not developed detailed engineering design plans. Ultimately, selection of the bridge type for each segment will be dependent primarily on aesthetic considerations and budget. In summary, while construction activities will temporarily impact greenway values, the new 1-5 Willamette River bridges will have no significant adverse effect on the greenway values of ODOT's right-of-way (if any) or the adjacent park lands and water areas. With a net reduction of piers in the water, and a design process that encourages and considers community input, the overall visual effect will be positive. Through mitigation, including the removal of fill and restoration of native vegetation, affected riparian and recreational values will be fully restored. "(b) The use will not significantly reduce the sites available for water-dependent or water-related uses within the jurisdiction;... " The two new replacement bridges over 1-5 will not reduce any sites available for water- dependent or water-related uses in Eugene or Springfield because the bridges will be constructed entirely within the same existing ODor 1-5 right-of-way where the decommissioned 1-5 bridge and temporary detour bridge are located. The new bridges will have one pier each near the center of the river and one pier on or near the south bank. In contrast, the decommissioned bridge has five piers in the water, and the detour bridge Plan Amendment Request .', 2/0112008 Date Received FEB 0 1 201W Planner: BJ \.'., has six. This net reduction in piers in the water will be beneficial for water-dependent uses.18 "(c) The use will provide a significant public benefit; and... " Traversing the entire length of the west coast from the US/Mexico border to British Columbia, Canada, 1-5 is the primary north-south highway corridor serving California, Oregon, and Washington. The facility provides for the significant movement of people, freight, and other services, and serves as the backbone for jnternational, interstate, and intrastate commerce. On average, approximately 49,000 vehicles cross the Willamette River through the Eugene/Springfield area on 1-5 each day, with numbers reaching greater than 63,000. Approximately 16 to 18 percent of daily trips are made by tractor trailer rigs hauling freight By the year 2030, 1-5 is expected to accommodate approximately 73,000 daily vehicle trips, Arguably, 1-5 is the most important road in the State of Oregon and the most important freight corridor on the west coast Clearly, the connectivity and mobility that 1-5 provides to both the local community and to intrastate and interstate travelers constitutes a significant public benefit This beriefit is recognized in the 1999 Oregon Highway Plan and in TransPlan. "(d) The use is consistent wilh the Legislalivefindings and policy in ORS 390,314 and the Willamette Greenway Plan approved by LCDC under ORS 390,322. " The legislative findings and policy in ORS 390.314 are: ORS 390.314, Legislative findings and policy (I) The Legislative Assembly finds that, to protect and preserve the natural, scenic, and recreational qualities of lands along the Willamette River, to preserve and restore historical sites, structures, facilities, and objects on lands along the Willamette River for public education and e'njoyment and to further the state policy established under ORS 390,010, it is in the public interest to develop and maintain a natural, scenic, historical, and recreational greenway upon lands along the Willamette River to be known as the Willamette River Greenway, The 1-5 Willamette River bridge predates the adoption of Goal 15. As an element of 1-5, the bridge is provided for in TransPlan, which has been acknowledged to be in compliance witlJ all statewide planning goals. Construction of the replacement bridges and removal of the decommissioned Canoe Canal and detour bridges will temporarily affect greenway values during construction, but these impacts can and will be avoided or minimized to the extent practicable and mitigated. Areas disturbed by the project can and will be returned to a condition at least as good as they were before the project 18 The existing Canoe Canal bridge completely spans the Canoe Canal and adjacent bike path. The replacement bridges will do likewise. Date Received Plan Amendment Request :2/01/2008 FEB ~ 1 2008 P' OR ,< . :'1.nrJ~~r: D." (2) In providing for the development and maintenance of the Willamette River Greenway, the Legislative Assembly: (a) Recognizing the need for coordinated planning for such greenway, finds it necessary to provide for development and implementation of a plan for such greenway through the cooperative efforts of the state and units of local government. The State of Oregon and units of local government, including Lane County and the cities of Springfield and Eugene, have cooperated in the implementation of greenway planning as required by legislative intent. The 1-5 Willamette River Bridge Replacement Project, subject to this application, is being permitted through this established local and statewide greenway planning process. In preparing this application, ODOT has worked closely with staff from Eugene, Springfield, and Lane County, and it has coordinated with the Department of Land Conservation and Development (DLCD) as well. (b) Recognizing the need of the people of this state for existing residential, ,commercial, and agricultural use of lands along the Willamette River, finds it necessary to permit the continuation of existing uses of lands that are included within such greenway; but, for the benefit of the people of this state, also to limit the intensification and change in the use of such lands so that such uses shall remain, to the greatest possible degree, compatible with the preservation of the natural, scenic, historical and recreational qualities of such lands, 1-5 and the 1-5 Willamette River bridge predate Goal 15. Like the original bridge, the replacement bridges and their approaches will be located within ODOT's established 1-5 right-of-way, thus avoiding significant adverse effects on the greenway and greenway values. Because the new bridges will be striped for four travel lanes (two in each direction), they will not intensify the existing use. Still, the new bridges will be sized to accommodate future restriping to six travel lanes. Because that restriping, anticipated by TransPlan projects 150 and 260, will not require additional bridge construction within the greenway, the use, when it becomes intensified, will remain compatible with the preservation of the natural, scenic, historical, and recreational qualities of greenway lands, (c) Recognizing that the use of lands forfarm use is compatible with the purposes of the Willamette River Greenway, finds that the use of lands for farm use should continue within the greenway without restriction. The 1-5 Willamette River replacement bridges will be located entirely within the urbanized area of Springfield and Eugene, and not upon or near farm land within the greenway boundary. For this reason, the project will in no way impede the continuation of farm uses within the greenway. (d) Recognizing the need for central coordination of such greenway for the best , .' Jnterests of all the people of this state, finds it necessary to place the Plan Amendment Request '-2/0112008 Date Received FE~8 0 1 200S Planner: BJ' I responsibility for the coordination of the development and maintenance of such greenway in the State Parks and Recreation Department. Constructing the 1-5 replacement bridges in no way limits or changes Oregon State Parks' responsibilities for the coordination of the development and maintenance of the greenway. (e) Recognizing the lack of need for the acquisition offee title to all lands along the Willamette River for exclusive public use for recreational purposes in such greenway, finds it necessary to limit the area within such greenway that may be acquired for state parks and recreational areas and for public recreational use within the boundaries of units of local government along the Willamette River. The replacement brjdges and approaches will be lo'cated within existing public right-of- way that has been used for interstate highway purposes since before the enactment of the Willamette River greenway statutes and Goal 15. The land is in the public domain and will remain in the public domain after completion of construction of the new replacement bridges and demolition and removal of the decommissioned bridge, Canoe Canal bridge, and detour bridge, OAR 660-004-0022(6)(d) also requires a finding that the use be consistent with the Willamette River Greenway Plan as acknowledged by the Land Conservation and Development Commission. This plan is implemented and embodied in each relevant jurisdiction's plan policy and codes. For Eugene, Springfield, and Lane County, the Metro Plan Willamette River greenway element serves as the greenway plan for the segment of the river running through the metropolitan area. Eugene and Springfield also have established greenway setback lines and adopted land development ordinances, which proposed developments within the greenway must be in compliance. Nearly all of the policies in the Willamette River greenway, river corridors, and waterway element of the Metro Plan are a directory to the jurisdictions and aimed at matters that have no bearing on or direct relevance to this application. 19 One policy that is arguably relevant directs that land use regulations take into account such concerns as recreation, resource, and wildlife protection. Following plan amendment approval, ODOT will apply to the cities of Eugene and Springfield for permits issued pursuant to land use regulations adopted to implement Statewide Planning Goals IS and 5 (Natural Resources). Those regulations take recreation, resource, and wildlife protection and other concerns into account. Through approval conditions imposed during the permitting process, this policy can and will be achieved,20 19 For instance, there a,e policies addressing industrial development along the Willamelte River, expansion of water ,elated pa,ks, or public access in agricultural areas. 20 In Eugene, these permits include a Willamelte River Greenway permits and a WR Standards R~" Received permits in Springfield, they include a Discretional Use permits and a Planning Director determina~J:MP ." '. ,; ,.. the. pr,oject will not diminish riparian functions. <'.' FEB 0 1 200S Plan' Amendment Request 2/0112008 Planner: BJ ,_t ~j;;.. ,; -"..' _ :., . ~-- '.,l,.' ~-~:;; ~ ;' A second policy provides that specific use management considerations and requirements of Goal IS be applied where they are not specifically addressed in policy or land use designations elsewhere in the Plan or in local refinement plans. In this regard, OOOT notes that TransPlan expressly provides for 1-5 and its bridges within the greenway and the park, as does the East Alton Baker Park Plan, although it is not a refinement plan. In addition, Goal IS and the Greenway Plan provide for the continuation of existing urban uses within the greenway. As noted earlier, 1-5 within the OOOT right-of-way is an existing, committed urban use. Finally, Policy II, identified earlier, requires a goal exception to place fill within the greenway setback area. An exception to authorize fill in the greenway is part of this application. OAR 660-004-0020 Goal 2, Part II(c), Exception Requirements (1) If a jurisdiction determines there are reasons consistent with OAR 660-004-0022 to use resource lands for uses not allowed by the applicable Goal or to allow public facilities or services not allowed by the applicable Goal, the justification shall be set forth in the comprehensive plan as an exception. Reasons consistent with OAR 660-004-0022(6) are set forth above to allow the construction of two 1-5 Willamette River replacement bridges and the removal of the decommissioned bridge, existing Canoe Canal bridge, and temporary detour bridge, including the placement of fill needed for the new bridges or for temporary work bridges required to construct the new bridges or remove the decommissioned or detour bridges. The justifications are set forth in the comprehensive plan as an exception, (2) The four factors in Goal 2 Part !I(c) required to be addressed when taking an exception to a Goal are: (a) "Reasons justifY why the state policy embodied in the applicable goals should not apply": The exception shall set forth the facts and assumptions used as the basis for determining that a state policy embodied in a goal should not apply to specific properties or situations, including the amount of land for the use being planned and why the use requires a location on resource land; The reasons justifying why the replacement bridges should be permitted within the greenway setback area, and why associated fill should be permitted, are those addressed above in the analysis demonstrating compliance with the criteria in OAR 660-004- 0022(6). Again, because Goal 15 exempts existing urban uses, a Goal 15 exception is not required to locate a nonwater-dependent and nonwater-related use within the greenway; however, an exception to the Metro Plan is needed to allow additional fill to be placed in the greenway. Here, approximately 30,000 cubic yards of fill will be placed within ODOT's existing 1-5 right-of-way, while approximately 61,000 cubic yards offill will be removed. Plan Amendment Request 2/01/2008 Date Received FEB 111 200S . -:00" ~"... '. ( ~~ PIAnnAr: At I < ..' . { ." Except for a few acres of park land needed temporarily for staging construction, all development will occur within ODOrs existing 1-5 right-of-way, which is not resource land. The bridge requires a location over the WiIlamette River greenway because 1-5 already exists both north and south of the WiIlamette River and the highway cannot practicably be relocated to avoid crossing the river. (b) "Areas which do not require a new exception cannot reasonably accommodate the use ": (A) The exception shall indicate on a map or otherwise describe the location of possible alternative areas considered for the use, which do not require a new exception. The area for which the exception is taken shall be identified; (B) To show why the particular site is justified, it is necessary to discuss why other areas which do not require a new exception cannot reasonably accommodate the proposed use. Economic factors can be considered along with other relevant factors in determining that the use cannot reasonably be accommodated in other areas. Under the alternative factor the following questions shall be addressed: . (i) Can the proposed use be reasonably accommodated on nonresource land that would not require an exception, including increasing the density of uses on nonresource land? Ifnot, why not? (ii) Can the proposed use be reasonably accommodated on resource land that is already irrevocably committed to nonresource uses, not allowed by the applicable Goal, including resource land in existing rural centers, or by increasing the density of uses on committed lands? If not, why not? (iii) Can the proposed use be reasonably accommodated inside an urban growth boundary? Ifnot, why not? (iv) Can the proposed use be reasonably accommodated without the provision of a proposed public facility or service? If not, why not? (C) This alternative areas standard can be met by a broad review of similar types of areas rather than a review of specific alternative sites. Initially, a local government adopting an exception need assess only whether those similar types of areas in the vicinity could not reasonably accommodate the proposed use. Site- specific comparisons are not required of a local government taking an exception, unless another party to the local proceeding can describe why there are specific sites that can more reasonably accommodate the proposed use. A detailed evaluation of specific alternative sites is thus not required unless such sites are specifically described with facts to support the assertion that the sites are more reasonable by another party during the local exceptions proceeding. Plan Amendment Request I:: j .2/01/2008 Date Received FEB 2l 200S Planner: BJ ,', -,,' ~ An 1-5 replacement bridge is needed because the decommissioned bridge is structurally unsafe and the detour bridge was not constructed to accommodate anticipated traffic volumes over the long term, nor does it meet current seismic standards. The replacement bridges and their approaches will be located entirely within ODOT's existing 1-5 right-of- way. Because the Willamette River is quite wide in the vicinity ofI-5, piers will again be needed within the setback area to support the proposed replacement bridges; however, fewer piers will be used compared to existing conditions. In addition, fill is required to support the approaches to the new bridges, including the new bridges over the Canoe Canal. Given the nonwater dependent and non water-related nature of the use, and given that fill would be required for pier support and bridge approaches regardless of where in the vicinity the bridge is located, there are no alternative sites crossing the Willamette River that would not also require a new exception. It is noted that the proposed use will be located inside an urban growth boundary on land that is neither agricultural nor forest land. By remaining within the existing ODOT right-of-way, the project avoids significant impacts to park lands. Because transportation improvements, including bridges, are considered public facilities, the use cannot be reasonably accommodated without the provision of the proposed public facility. (c) The long-term environmental, economic, social and energy consequences resulting from the use at the proposed site with measures designed to reduce adverse impacts are not significantly more adverse than would typically result from the same proposal being located in other areas requiring a Goal exception. The exception shall describe the characteristics of each alternative areas considered by the jurisdiction for which an exception might be taken, the typical advantages and disadvantages of using the area for a use not allowed by the Goal, and the typical positive and negative consequences resulting from the use at the proposed site with measures designed to reduce adverse impacts. A detailed evaluation of specific alternative sites is not required unless such sites are specifically described with facts to support the assertion that the sites have significantly fewer adverse impacts during the local exceptions proceeding. The exception shall include the reasons why the consequences of the use at the chosen site are not significantly more adverse than would typically result from the same proposal being located in areas requiring a goal exception other than the proposed site, Such reasons shall include but are not limited to, the facts used to determine which resource land is least productive; the ability to sustain resource uses near the proposed use; and the long-term economic impact on the general area caused by irreversible removal of the land from the resource base. Other possible impacts include the effects of the proposed use on the water table, on the costs of improving roads and on the costs to special service districts; No other sites requiring exceptions are being considered for this use. This is because the use is not a new use, but rather the replacement of an existing, structurally deficient bridge within an existing right-of-way. Locating the replacement bridges within the Plan Amendment Request 2/0112008 Date Received FEB 0 1J:2200S PI;:::tnner: B~'" ,- ~ existing right-of-way is both necessary and practicable because that right-of-way lines up with the existing 1-5 approaches to the north and south, Relocating the bridge replacement project outside the existing 1-5 right-of-way would require ODOT to relocate the approaches at considerable additional cost and impact to not only the greenway, but also to protected park and recreational resources, including East Alton Baker Park and the Whilamut Natural Area.21 Further, relocating the bridge could require the closure of one or more existing interchanges or ramps, result in demolition of residences and businesses, and result in a hazardous geometry due to the presence of immovable geologic features. Alternative bridge alignment locations to the north or south of the existing footprint and right-of-way were dismissed from further analysis due to the following jmpacts: · Right-of-way would need to be acquired from Alton Baker Park, which is prohibited under Section 4(f) of the federal Department of Transportation Act of 1966 unless there are no other prudent and feasible alternatives, · Right-of-way wo.uld need to be acquired from homes and/or businesses on the south side of the river that would not be required if the highway remains on its 'current alignment. " . " · A shifted highway would be closer to existing homes, resulting in higher noise and visual impacts. · Major high-tension power transmission Ijnes are located on both sides of the bridge and one would need to be relocated if the alignment was shifted. Given the replacement nature of this project, the fact that crossing the Willamette River at some location is unavoidable, and ODOT's inability to realign 1-5 on adjoining lands based on federal restrictions protecting park lands, there simply are no feasible and prudent alternatives to re-using the existing 1-5 right-of-way. Accordingly, in terms of economic, social, environmental, and energy consequences, there are no areas warranting comparison. Again, ODOT notes that 1-5 is arguably the most important highway in the State of Oregon and the most important freight corridor on the west coast. The connectivity and mobility it provides statewide, interstate, and regional travelers provides tremendous benefits both economically and socially, The ability to rebuild within the existing ODOT 1-5 right-of-way minimizes energy consumption and environmental impacts, as the current right-of-way use for interstate travel purposes is maintained. As such, the right-of-way is the least productive land in the immediate area in terms of sustaining resource uses. Its continued use for this purpose also means that no other resource or recreational lands need be removed from the resource base. (d) The proposed uses are compatible with other adjacent uses or will be so rendered through measures designed to reduce adverse impacts. The exception shall describe how the proposed use will be rendered compatible with adjacent land uses. The exception shall demonstrate that the proposed use is situated in 21 Because building the new b,idges within the existing ODOT right-of-way is a feasible and prudent alternative, Section 4(1) of the fede,al Department of Transportation Act of 1966 prevents ODO.I,.from approving an alternative that would require right-of-way acquisition from East Alton Baker pavate Received Plan Amendment Request 2/01/2008 FE~3 0 1 200S Planner: BJ such a manner as to be compatible with surrounding natural resources and resource management or production practices, Compatible is not intended as an absolute term meaning no interference or adverse impacts of any type with adjacent uses. Compatibility with greenway and GoalS resource values associated with the Willamette River, riparian areas both north and south of the river, East Alton Baker Park, and the Whilamut Natural Area can and will be ensured through compliance with acknowledged Eugene and Springfield permitting requirements adopted to implement Goals 15 and 5. Required permits are identified in Section 2.1 of these findings. As noted earlier, the Willamette River Bridge is an existing use within the ODOT right-of-way. This proposal replaces the original bridge with two new bridges: one for northbound traffic, the other for southbound traffic. It also removes the detour bridge. Given that a bridge has been accommodating highway traffic in this area for decades, most new impacts will be associated with bridge construction or demolition. By remaining within the existing ODOT right-of-way, and employing Best Management Practices and other impact avoidance or mitigation techniques identified or required during the local permitting processes, impacts to surrounding natural resource lands can be minimized to protect natural resource qualities in and the use and enjoyment of the Wilhimette River, the Willamette River greenway, and East Alton Baker Park. 2.5 Amendments to Willakenzie Area Plan The Willakenzie Area Plan is a refinement plan adopted by the City of Eugene in 1992. Under EC 9.8421 through 9.8424, amendments to existing refinement plans are permitted in order to address, among other things, changes made to the Metro Plan, such as the goal exceptions identified above. The procedures of this code section apply where, as here, the requested changes are specific rather than comprehensive to an entire refinement plan. Under EC 9.8424, proposed refinement plan amendments are reviewed for consistency with the statewide planning goals, applicable provisions of the Metro Plan, and remaining portions of the refinement plan. Compliance with the statewide goals is addressed in Section 2,6 below. Compliance with applicable provisions of the Metro Plan, TransPlan, and unamended portions of the Willakenzie Area Plan is addressed in Section 2.7, below. The proposed Willakenzie Area Plan amendment that ODOT is requesting is needed to allow the continued use ofI-5 within the Willakenzie area. As explained below, it also is needed to maintain internal consistency between the Willakenzie Area Plan, Metro Plan, and TransPlan. In all likelihood, when the Willakenzie Area Plan was written and approved, no one foresaw or anticipated a need to decommission that bridge for safety reasons and replace it with a new bridge. In this regard, the project reflects a substantial change in circumstance that was not anticipated at the time the refinement plan was adopted. Under EC 9.8424(2)(e), the city can approve a refinement plan amendment on h. b . 22 t IS aSIs. 22 The ~mendment can also be approved under EC 9.8424(2)(b) - new invenIory material that refi\es~,ll, R . ed st~tewide planning goal. In particular, Goal 12, through the T,ansportation Planning Rule, directlJalt:: ecel ~ . Plan Amendment Request .' -2/01/2008 FEB 01 20m: 34 Planner: BJ .", The criteria for amending a Refinement Plan are outlined in EC 9.8424 as follows: The planning commission shall evaluate proposed refinement plan amendments based on the criteria set forth below, andforward a recommendation to the city council. The city council shall decide whether to act on the application. If the city council decides to act, it shall approve, approve with modifications or deny a proposed refinement plan amendment. Approval, or approval with modifications shall be based on compliance with the following criteria: (I) The refinement plan amendment is consistent with all of the following: (a) Statewide planning goals. (b) Applicable provisions of the Metro Plan. (c) Remaining portions of the refinement plan. (2) The refinement plan amendment addresses one or more of the following: (a) An error in the publication of the refinement plan. (b) New inventory material which relates to a statewide planning goal. (c) New or amended community policies. (d) New or amended provisions in afederallaw or regulation, state statute, state regulation, statewide planning goal, or state agency and use plan. (e) A change of circumstances in a substantial manner that was not anticipated at the time the refinement plan was adopted. The Willakenzie Area Plan encompasses an area north of the Willamette River that would be affected by the 1-5 Willamette River Bridge Project. As relevant to the bridge project, the Plan sets out "use management standards" that it deems consistent with Goal 15 and that "shall apply to development within the greenway in the Willakenzie area." These standards are explicitly incorporated in the Eugene Code's criteria for Willamette greenway permits. The following use management standard is relevant to this application. It is of particular concern to ODOT because, in its current form, it does not appear to permit the project to go forward: "1. Provision that all new structures, expansion of existing structures, drives, parking areas, or storage areas shall not be permitted within the first 35 feet back from the top of the riverbank, unless the location of the Metropolitan Planning Organizations and local governments to p,epare and amend transportation system plans that include "an inventory and genera] assessment of existing .., transportation facilities and services by function, type, capacity, and condition." [OAR 660-0]2-0020(3)(a)], The inventory mate,ia] on the condition of the now-decommissioned 1-5 bridge relates to this requirement of Goal 12 and to its directive in OAR 660-0]2-0020(1) that transportation system plans "establish a coordinated network of transport;at,ion facilities adequate to serve state, regional and local transportation needs," A safe anb properly functioning 1-5 WilIamelte River b,idge clearly falls within this standard. ate Plan Amendment Request 2/01/2008 Received F~B 0 1 200S _ Planner: BJ jloodway boundary requires a greater separation. There are three exceptions to this standard: A. Structures designed solely for recreational use... B. Public improvements, including pedestrian and bicycle trails, public plazas, and similar amenities, but excluding roads and parking areas, are exempt from the setback requirements specified above. C. Structures existing as of the date of adoption of this plan shall be allowed to rebuilt at the same distance from the river that they were before destruction by fire, flood, or other disaster. " As noted, the 1-5 Willamette River Bridge was an existing structure at the time this standard was adopted. At that time, it is likely that the structural deficiencies in the bridge were unknown and the need to replace the 1-5 bridge was unanticipated. Had it been otherwise, ODOT believes this standard would have included a fourth exception to authorize the bridge replacement, particularly given the critical importance of an 1-5 Willamette River bridge to a properly functioning interstate highway system and provisions for that highway in the Metro Plan and TransPlan. Because the 1-5 replacement bridges (I) are not designed solely for recreational use; (2) would be elements of an interstate highway; and (3) are not being rebuilt due to a disaster, this use management standard requires amending. Accordingly, ODOT requests that the standard be amended to read as follows on page 155 of the Willamette Greenway Section in the Willakenzie Area Plan Neighborhood Design Element, with [bracketed] language indicating words being removed and underlininlZ indicating new text: I. Provision that all new structures, expansion of existing structures, drives, parking areas, or storage areas shall not be permitted within the first 35 feet back from the top of the riverbank, unless the location of the floodway boundary requires a greater separation. There are [three] four exceptions to this standard: A. Structures designed solely for recreational use... B. Public improvements, including pedestrian and bicycle trails, public plazas, and similar amenities, but excluding roads and parking areas, are exempt from the setback requirements specified above. C. Structures existing as of the date of adoption of this plan shall be allowed to rebuilt at the same distance from the river that they were before destruction by tire, flood, or other disaster. D. Renlacement or exnansion of the 1-5 Willamette River Bridge and its anDroaches. Plan Amendment Request \ 2/01/2008 Date Received FEB 0 1 200S 36 Planner: BJ ~ ~ This proposed amendment to the Willakenzie Area Plan allows the exceptions taken in Section 2.4 of these findings to be implemented. In support of this amendment, ODOT incorporates by reference herein the exceptions taken in Section 2.4, above23 2.6 Compliance with Statewide Planning Goals Besides demonstrating compliance with the goal exception criteria, ODOT also must demonstrate compliance with statewide planning goal requirements for which exceptions are not being taken. The statewide planning goals relevant to the proposed Metro Plan and Willakenzie Area Plan amendments are Goals 1,2,5,6,7,8,9, II, 12, 13, and IS. Goal! (Citizen Involvement) Goal I requires opportunity for citizens to be involved in all phases of the planning process. Generally, Goal I is satisfied when a local government follows the public involvement procedures outlined in its acknowledged comprehensive plan and development code. Here the applicable procedures are those in EC 9.970025 They include public hearings before both the planning commissions and governing bodies of Eugene, Springfield, and Lane, County. Compliance with these procedures results in compliance with Goal I. It should be noted that the federal environmental process applicable to this project provides additional opportunity for citizen involvement. Citizen participation in that process is fostered through public meetings, open houses, and newsletters, and through opportunity to review and comment on the Environmental Assessment. That opportunity will occur this winter, prior to or concurrent with the public hearings held on the plan amendments requested herein.26 23 Without this amendment, the policy leads to a conflict with Statewide Planning Goal 12. This is because (I) Goal 12 directs ODOT to prepare and adopt a state transportation system plan (TSP) that identifies a system of transportation facilities and se,vices adequate to meet identified state transportation needs (OAR 660-0]2-0015(1)>; (2) the state TSP includes the 1-5 freeway, which includes an 1-5 bridge over the Willamette River; and (3) OAR 660-012-00]5(2) and (3) require regional and local TSPs to be consistent with the state TSP. 25 The City of Eugene can consider the proposed amendments to the Willakenzie Area Plan concurrently with the proposed Goal 15 exceptions. 26 As part of the federal environmental process, ODOT established a Community Advisory Group (CAG) composed of representatives of local neighbo,hood associations, parks departments (Eugene and Willamalane), the Whilamut Natural Area, chambers of commerce, and the University of Oregon that has been involved in the development of the project and will continue to be involved during selection of the bridge type, its design, and construction. A CAG member is a voting membe, of the Project Development Team (PDT), which is the primary decision body for the project. The lO-person PDT includes representatives of Eugene, Springfield, Lane County, and the CAG. i'.. " ' Date Received FEB it 1 200S ' PI::InnAr' R:'I?' Plan Amendment Request 2/0112008 ~ Goal 2 (Land Use Planning), Part I Goal 2, Part I requires that actions related to land use be consistent with acknowledged comprehensive plans of cities and counties. The proposed amendments' consistency with applicable unamended provisions in the Metro Plan, TransPlan, and Willakenzie Area Plan is demonstrated in Section 2.7, below, Goal 2 requires an adequate factual base for land use decision-making. The documents, evidence, and testimony submitted in support of the requested plan amendments provide an adequate factual base to support the proposed amendments. Goal 2 further requires that plans be adopted and revised with opportunity for citizen review and comment. As noted in the findings addressing Statewide Planning Goal I, citizen participation is provided both as part of the federal environmental process and the Oregon land use process. Finally, Goal 2 requires that each plan and related implementation measures be coordinated with the plans of affected governmental units. In no small measure, this . inCludes coordinatiori with the Oregon' Transportation Commission's Oregon Transportation Plan and Oregon Hjghway Plan, both of which identify and recognize the importance of 1-5 as a major transportation route and major freight route through the Eugene/Springfield region. In developing the Environmental Assessment and preparing this application for plan amendments, ODOT engaged in significant coordination efforts with local government officials representing the cities of Eugene and Springfield and Lane County, representatives of the Oregon Department of Land Conservation and Development and the Federal Highway Administration, the WiIlamalane Parks and Recreation District, and other agency and local officials. Provided the Willakenzie Area Plan is amended as set out above to accommodate ODOrs need to replace the 1-5 Wjllamette River bridge, the Metro Plan, TransPlan, and Willakenzie Area Plan will be coordinated with ODors Oregon Highway Plan and the requirements of Goal 2, Part I will be met. 27 Goal 2 (Land Use Planning), Part II Goal 2, Part II outlines the standards for goal exceptions. This goal requirement IS satisfied for the reasons outlined in Section 2.4 of these findings and reasons. Goal 3 (Agricultural Lands) Goal 3 addresses Agricultural Lands. Goal 3 does not apply because the affected property is inside im urban growth boundary. 27 As defined in ORS 197.015(6) in ,elevant part, a plan is "coordinated" when the need"Alt~V~<J1.Ce'IVed governments have been conSIdered and accommodated as much as pOSSIble. ua t: n~ Plan Amendment Request 2/01/2008 FEB 0 1 200S" 38 Planner: BJ r- '-' Goal 4 (Forest Lands) Goal 4 addresses Forest Lands. Goal 4 does not apply because the affected property is inside an urban growth boundary. GoalS (Open Spaces, Scenic and Historic Areas, and Natural Resources) Goal 5 requires local governments to adopt programs to protect natural resources and conserve scenic, historic, and open space resources for present and future generations as provided in LCDC's GoalS administrative rule, OAR 660, Division 23. Both Eugene and Springfield have adopted land use regulations to protect significant natural resources consistent with GoalS. OAR 660-023-0090 regulates riparian corridors. As relevant to roadway projects, OAR 660-023-0090(8) authorizes local governments to adopt ordinances that protect significant riparian corridors by preventing permanent alteration of the riparian area by grading or by the placement of structures or impervious surfaces, except for certain identified uses that are permitted "provided they are designed and constructed to minimize intrusion into the riparian area." Those excepted uses include streets, roads, and paths. Construction of the replacement bridges and removal of the decommissioned and detour bridges will impact riparian resources along the WiIlamette River. To protect these resources, Springfield has established 75- foot riparian setbacks and Eugene has adopted a Water Resources Conservation Overlay Zone. In Springfield, development within the riparian setback must satisfy Springfield Development Code (SDC) 31.240(2), which authorizes public street crossings and bridges where they do not diminish riparian functions. In Eugene, the proposed development must comply with the Overlay Zone standards and the city's Standards Review process. See EC 9.4930(3)(b) and 9.8460 through 9.8474. ODOT will apply for permits pursuant to these local regulations following approval of the proposed plan amendments. As part of those permitting processes, the cities can and will impose approval conditions aimed at avoidjng, minimizing, or mitigating impacts to riparian areas to the extent practicable. These can include, but are not limited to, conditions addressing construction management (e.g., site access, hours of operation, noise, dust, vibration, lighting, hydrology, and bicycle/pedestrian safety in work areas); habitat protection (to mitigate unavoidable impacts to affected natural resource areas during and after bridge construction); and restoration of areas affected by bridge removal (e.g., restoring vegetated areas to their original conditions, eliminating invasives, monitoring, etc.), Through compliance with such conditions, GoalS compliance is achieved. Further, the connection between the purpose of Goal 5 and the purpose of Goal 15 greenway values are mutually supportive and in many instances overlap. As such, through imp~tion of and cO~~,I:;~~~~ with such conditions, the purposes of Goal 15 are met as well. uate Received .- /\-,:"?--',f:; ,. ' Plan' Am~ndment Request 2/01/2008 FEB 0 1 2008 Planner: BJ : .~'''' ;j-j - The Mill Race diversion dam is located approximately 300 feet upstream of the detour bridge, outside the project area. The dam will not be affected by the project; however, portions of structures associated with the dam are located within the project area and, together with the dam, are eligible for listing on the National Register. Those portions include concrete walls and revetments that directed water from the dam into the Mill Race. These structures are in ruins, and it is no longer possible to understand how they fit together. Under OAR 660-023-0200(7), local governments are not required to apply the "economic, social, environmental, and energy consequences" analysis process to determine a program to protect historic resources. Rather, they are encouraged to adopt historic preservation regulations governing the demolition, removal, or major exterior alteration of all designated historic resources. If the Mill Race is a designated historic resource, Goal 5 compliance would be achieved through compliance with any such regulations that Eugene and Springfield may have adopted. Finally, ODOT established the Collaborative Environmental and Transportation Agreement for Streamlining (CETAS) team in 2001 as a forum for review of major transportation projects with state and federal resources agencies.28 CETAS reviewed this project in February, 2006 and voted not to take it through the formal review process. The individual agencies will still conduct all required environmental reviews arid approvals (e.g., wetlands permits fill and removal permits). In addition, the project team made at least two presentations to the Programmatic Agreements Reporting and Implementation Team (PARJT), which was established for the Oregon Transportation Investment Act (OTIA) III Bridge Program. PARJT includes most ofthe same agencies that are members of CETAS. ODOT met with PARJT early in the federal environmental process to get its input on issues and resources and feedback on some preliminary design concepts. Goal 6 (Air, Water and Land Resources Quality) Goal 6 addresses the quality of air, water, and land resources. In the context of comprehensive plan amendments, a local government complies with Goal 6 by explaining why it is reasonable to expect that the proposed uses authorized by the plan amendment will be able to satisfy applicable federal and state environmental standards, including air and water quality standards?9 The replacement bridges should have no adverse impact on air quality because they merely replace an existing facility that has been decommissioned as being structurally unsafe. The new bridges do not, in themselves, increase the highway capacity of 1-5, and their construction will not, in itself, result in more people driving on 1-5. Instead, existing traffic volumes will be shifted from the detour bridge to the new bridges. If the 28 CET AS members include O'egon Department of State Lands, Oregon Department of Fish and Wildlife, Department of Land Conservation and Development, Oregon State Historic P,eservation Office, US Environmental Protection Agency, US Fish and Wildlife Service, US National Marine Fisheries Service, O'egon Department of Environmental Quality, US Anny Corps of Enginee,s, FHW A, and ODOT 29 Applicable standards include those in the federal Clean Air Act and Clean Water Act and their implementing ,egulations. Applicable state standards include those in the Oregon Wetland Removal/Fill Act and ','n Department of Environmental Quality administrative rules governing air, wa~:l~~:,......w quahty. ~~ Plan Amendment Request : 2/0 1/2008 -FEBt 0 14'&00S ~..r Plaf,lJ;l~[: B~ ,.~:". ,- r- ~ decommissioned 1-5 bridge is not replaced, tens of thousands of vehicles would be forced each day onto city streets and county roads not designed for such trips. The ensuing degradation to the air quality along these alternative routes caused by unmanageable congestion would be in direct contradiction to the purpose of Goal 6. The goal is met by the proposed plan amendments. . Construction of the replacement bridges and the removal of the decommissioned and detour bridges will impact water quality by affecting soils and vegetation within the Willamette River and along the greenway setback. Water quality may also be affected where impervious surfaces are added along the bridge approaches. Where areas are paved, water cannot penetrate the soils so it rushes over the surface. This can increase erosion and the movement of fine sediments and increase pollutant loads in watercourses. While construction of the replacement bridges will result in some new impervious surfaces, overall the project will result in a net decrease in impervious surface because ODOT will remove the approach roadway for the detour bridge, Water quality impacts can adequately be mitigated through the use of effective land- based stormwater treatment systems that include measures to preserve and restore mature vegetation and maximize infiltration. The use of construction techniques that include temporary and permanent Best Management Practices for erosion and sedjment control and spill control and prevention also can achieve compliance with clean water standards. Oregon Highway Plan SA. 1 directs ODOT to implement Best Management Practices. Through the local permitting process, Eugene and Springfield can impose appropriate conditions to ensure that Best Management Practices are employed and that water quality is maintained consistent with federal and state standards. By doing so, Goal 6 is satisfied.3o Noise is defined as unwanted sound. Because the permanent replacement bridges would create no new traffic on 1-5, but merely allow existing traffic to shift from the detour bridge onto the new bridges, any difference in noise levels to adjacent residences would be minor. However, noise impacts will exist, and noise walls are recommended as mitigation. Goal 7 (Areas Subject to Natural Disasters and Hazards) Goal 7, Areas Subject to Natural Disasters and Hazards, which LCDC amended on June I, 2002, addresses hazards to development. As amended, the goal requires DLCD to review new hazard inventory information provided by federal or state agencies in consultation with affected state and local government representatives. Thereafter, DLCD will notify the local governments if the new hazard information requires a local response. If it does, local governments must (I) evaluate the risk to people and property based on the new information and other factors (including the frequency, severity, and location of 30 There is no storm water treatment for the decommissioned and detour bridges, Providing treatment would have a beneficial effect on wate, quality. The wate, quality report for the project noted that the amount of runoff from the b,idges would be so minor relative to the volume of flow in the WiIlamelle River that the ., effect would be negligible. Plan Amendment Request . 2/0112008 Date Received FEB 041 2008 PI~H.H.":~'I". Q i ~ the hazard, its future effects on existing and future development, and the potential for development in the hazard area to increase the frequency and severity of the hazard); (2) allow opportunity for citizen review and comment on the inventory information and results of the evaluation; and (3) adopt or amend, as necessary, plan policies and implementation measures consistent with the principles of (a) avoiding development in hazard areas where the risk to people and property cannot be mitigated; and (b) prohibiting the siting of essential facilities in identified hazard areas "where the risk to public safety cannot be mitigated unless an essential facility is needed within a hazard area in order to provide essential emergency response services in a timely manner." Since the amendments to Goal 7 took effect, DLCD has taken no action that, in turn, would require Eugene, Springfield, or Lane County to set in motion the procedures in Goal 7.31 Accordingly, the proposed amendments comply with Goal 7. It is noted that the project will occur within the flood way and floodplain of the Willamette River, and that both Eugene and Springfield have adopted ordinances regulating construction within floodplains and floodways. By obtaining permits under these ordjnances, the project will comply with Goal 7. GoalS (Recreational Needs) Goal 8 provides for local governments to meet the recreational needs of the citizens of Oregon. East Alton Baker Park is located both to the east and Alton Baker Park to the west of ODors 1-5 right-of-way. That right-of-way is not part of the park. Consequently, demolition of the decommissioned and detour bridges and construction of the replacement bridges will not remove or increase recreational opportunities at the park. Removal of the detour bridges, however, will include removal of fill material from and rehabilitation of an area of East Alton Baker Park that borders 1-5. Use of the park property was granted to ODOT through a temporary easement from Willamalane Parks and Recreation District. The easement requires ODOT to remove the detour bridges and restore the property within 5 years of the completion of the permanent replacement bridge. The bridges serve through-movement on 1-5 and have never provided access to the park, As noted earlier, the decommissioned bridge predates the adoption of the statewide planning goals. As replacement bridges to the decommissioned bridge, the two new bridges will not alter the nature of impacts to the park's recreational use. The park may be temporarily affected during construction of the new bridges and demolition of the decommissioned and detour bridges, but through the permitting process, mitigation measures can be imposed to minimize adverse impacts. Such measures may include a construction management plan that preserves and protects bicycle and pedestrian safety during construction of the new bridges and demolition of the decommissioned bridge and detour bridge. They might also include conditions to protect boater safety while bridge construction/demolition is underway, and conditions to maintain consistency with operational provisions in the East Alton Baker Park Plan. Through compliance with such -..,.... 3,' ,0,' clober 3, 2007 telephone conversation with Chris Shirley, OLCO Natural Haza,ds and FI'\"Ii!l'l~s R e'ved Sp~cialist UaLe ec I Plan Amendment Request 2/0112008 FEB 0 1 200S 42 Planner:'~~J ~.; '., '"..',l.. o o conditions, Goal 8 can be satisfied. Because the Park Plan incorporates lands with the Willamette River greenway and helps to implement greenway values, Goal 8 compliance also furthers consistency with Goal 15. Goal 9 (Economic Development) Goal 9 requires local governments to adopt comprehensive plans and policies that "contribute to a stable and healthy economy in all regions of the state." The comprehensive plans of Lane County and the cities of Eugene and Springfield have each been acknowledged to comply with Goal 9. Those plans all acknowledge the importance of efficient freight movement, and they recognize 1-5 as an interstate freeway serving traffic moving through the region. The 1-5 Willamette River Bridge Project will have very positive long-term economic impacts to areas that are subject to Goal 9 because it will enable the continued use of the 1-5 corridor for the efficient movement of people and goods up and down the west coast and through the region. In so doing, the project will contribute substantially to a stable and healthy economy. It is noted as well that the project will not affect commercial or industrial 'land inventories' or limit access or other services to 'such' sites. For these reasons, the proposed amendments are consistent with Goal 9.32 Goal 10 (Housing) GoallQ addresses Housing. Goal 10 does not apply because the project will not affect lands designated and zoned for residential development. Goal 11 (Public Facilities and Services) Goal 1 I requires local governments to plan and develop a timely, orderly and efficient arrangement of public facilities and services. The goal provides that urban and rural development "be guided and supported by types and levels of services appropriate for, but limited to, the needs and requirements of the urban, urbanizable and rural areas to be served." The Public Facilities Planning Rule, OAR 660, Division I I, implements Goal I I. Transportation facilities are identified as public facilities and services in Goal I I. Because 1-5 provides a level of highway service identified in the Oregon Highway Plan as necessary to meet state and regional travel needs, and because the decommissioned bridge must be replaced to allow 1-5 to continue meeting future travel needs, the project complies with Goal I 1. The replacement bridges will provide a level of service appropriate to meet the needs and requirements of interstate, through and regional travelers. '-:';" 32 The project has an estimated construction cosl of $150 million. Because the aT/A III program places an ~mphasis on'using local subcontraclors and material suppliers, a substantial portion of the cost wil~ sQ.ent R . d in 4 year period. UaLe ecelve Plan Amendment Request 2/0112008 FEB 0 1 200S 43 Planner: BJ -, !:J (C) Worsen the performance of an existing or planned transportation facility that is otherwise projected to perform below the minimum acceptable performance standard identified in the TSP or comprehensive plan. The replacement bridges would merely replace an existing facility that has been decommissioned as being structurally unsafe. The new bridges do not, in themselves, increase the highway capacity of 1-5, and their construction will not, in itself, result in more people driving on 1-5. Instead, existing traffic volum~s will be shifted from the detour bridge to the new bridges. 1-5, including the replacement bridges, would retain its current functional classification. The project would therefore not alter the performance of 1-5. OAR 660-012-0015 (Preparation and Coordination of Transportation System Plans) OAR 660-012-0015(1) directs ODOT to prepare and adopt a state transportation system plan that identifies a system of transportation facilities and services adequate to meet identified state transportation needs. The Oregon Transportation Commission has done that through adoption of the Oregon Transportation Plan (OTP) and modal plans, including the Oregon Highway Plan. The OTP includes policies to increase the efficient movement of people and goods for commerce and production of goods and services that is coordinated with regional and local plans. It emphasizes managing the existing transportation system effectively and improving that system before adding new facilities. The OTP also promotes a safe, efficient, and reliable freight system to support economic vitality. The OHP identifies 1-5 as an interstate highway within the state's roadway network. That highway necessarily includes a bridge over the Willamette River in Eugene/Springfield. OAR 660-012-0015(2) and (3) require that regional and local TSPs be consistent with the state TSP. TransPlan currently recognizes the importance of 1-5 to the region. Because the replacement bridges are necessary to maintaining 1-5, by approving the proposed Metro Plan and Willakenzie Area Plan amendments, all plans will remain consistent and the requirements of Goal 12 will be satisfied.34 Goal 13 (Energy Conservation) Goal 13 directs cities and counties to manage and control land and uses developed on the land to maximize the conservation of all forms of energy, based on sound economic principles. While highway improvements are not generally synonymous with the notion of energy conservation, Goal 13 does not prohibit improvements to existing highways. Indeed, such an interpretation would conflict with provisions in Goal 12 and the TPR authorizing highway facilities and improvements as part of an overall multimodal transportation plan. The replacement bridges are required because the decommissioned bridge is structurally unsafe and the temporary detour bridge was not constructed using techniques that meet 34 The 1-5 WilIamette River Bridge Replacement Project is in both the 2006-2009 and 2008-201 1 MTIP and, as such, is included automatically in the Regional Transportation Plan (RTP) update. It ii-\dentified in . the2006MTIP as "Bundle 220," uate Recelvp-d Plan Amendment Request 2/0 1/2008 FEB Y61 2008 Planner: aJ ~. o r"'\ , , , current seismic standards or accommodate heavy traffic loads over the long term. The replacement bridges will permit statewide and regional traffic to continue to move through the region in an efficient manner. Without these bridges, tens of thousands of vehicles would be forced onto local streets and bridges each day to negotiate crossing the Willamette River. This would greatly increase traffic and congestion within the Eugene- Springfield metropolitan area. Increased traffic congestion and out-of-direction travel would waste rather than conserve fuel. By providing safe and convenient travel through the area and facilitating the efficient movement of people, goods, and services, this project conserves fuel, consistent with Goall3. Goal 14 (Urbanization) Goal 14 addresses Urbanization. Goal 14 does not apply because the project does' not amend an urban growth boundary or convert urbanizable land to urban land. Goal 15 (Willamette River Greenway) Compliance with Goal 15 is addressed above in Sections 2.3 and 2.4 of these findings arid in the findings addressing Goals 5 and 8. As noted, it is uncertain that a Goal 15 exception is required because the 1-5 Willamette River Bridge is an existing urban use. If an exception is required, it is justified for the reasons outlined in Section 2.4. Goal 16 (Estuarine Resources) Goal 16 addresses Estuarine Resources. Because this application does not affect estuarine resources, Goal 16 is not applicable. Goal 17 (Coastal Shorelands) Goal 17 addresses Coastal Shorelands. Because this application does not affect coastal shore lands, Goal 17 is not applicable. Goal 18 (Beaches and Dunes) Goal 18 addresses Beaches and Dunes in coastal areas. Because this application does not affect beaches and dunes in coastal areas, Goal 18 is not applicable, Goal 19 (Ocean Resources) Goal 19 addresses Ocean Resources. resources, Goal 19 is not applicable. Because this application does not affect ocean ."..... Date Received Plan Amendment Request 2/01/2008 i='C~ 1M 7008 Plann' .;.f, "'J' .0 ,....) '--.J within the Willamette River Greenway Setback Line the addition and removal of fill within ODOT right-of-way and the removal of fill within a temporary slope easement east of 1-5. This exception satisfies the criteria of Oregon Administrative Rule (OAR) 660-004-0022(6), Willamette Greenway, and the exception requirements of OAR 660-004-0020 Goal 2 Part lI(c) for a "reasons" exception, and pursuant to OAR 660-004-0015, is hereby adopted as an amendment to the Metro Plan text, Policy #11, Chapter III, Section D. Environmental Design Element Policy E.2: Natural vegetation, natural water features, and drainage-ways shall be protected and retained to the maximum extent practical. Landscaping shall be utilized to enhance those natural features. This policy does not preclude increasing their conveyance capacity in an environmentally responsible manner, Bridge construction and demolition, including construction and removal of associated temporary work platforms, will impact riparian vegetation within the greenway. Through the permitting process, these impacts can and will be minimized, to the extent practicable, and mitigated, with all areas disturbed by the project returned to conditions at least as good as they were before the project. Protection to natural riparian areas will be maintained to the greatest extent practicable. The project also must obtain local permits from Eugene and Springfield pursuant to land use regulations that were adopted to protect the Willamette River Greenway and significant natural resources pursuant to Statewide Planning Goals 15 and 5 and protect water quality consistent with Goal 6. The natural vegetation riparian fringe along the Willamette River can and will be protected through compliance with the permitting requirements contained in the Eugene Code for proposed development in the greenway and in areas subject to Statewide GoalS. The City of Eugene can impose approval conditions as it deems necessary to protect riparian vegetation to the extent practicable. Protection to fish and wildlife habitat will be maintained to the greatest extent practicable. Significant fish and wildlife habitats can and will be protected through compliance with the permitting requirements contained in the Eugene and Springfield development codes for developments in the greenway and in areas subject to Statewide GoalS. The cities of Eugene and Springfield can impose approval conditions as they deem necessary to protect fish and wildlife habitats to the extent practicable. Construction best management practices will be implemented to minimize the effects of construction activities. Disturbed areas will be restored and ODOT will work with the community throughout the design and construction process to get input and advice on ways to avoid and minimize environmental impacts. The project would meet the OTlA III Environmental Performance Standards (EPS) in order to meet the requirements of the programmatic environmental permits that apply to the statewide bridge program. These performance standards define the level ofE7atEf'Recei1/ed Plan Amendment Request 2/0112008 FEB 0 1 2008 50 Planner: BJ -- a project may have upon the environment, thereby limiting or avoiding impacts to the environment through the use of proper planning, design, and construction activities. To avoid fish and wildlife species and minimize temporary impacts from construction activities, all applicable aTIA III State Bridge Delivery Program EPS will be implemented to reduce the extent of direct and indirect impacts to fish and wildlife species. Effects to water resources during construction and operation of the project will be minimized through the implementation of applicable mitigation measures in the aTIA III State Bridge Delivery Program EPS. aD aT will coordinate with aDFW through the design process to identify opportunitjes to minimize habitat disturbance. To avoid and minimize potential impacts to fish and wildlife species habitat during and after construction activities, all applicable aTIA III State Bridge Delivery Program EPS will be implemented to reduce the extent of direct and indirect impacts to habitat. These include: o Minimize effects to natural stream and floodplain by keeping the work area to the smallest footprint needed. o Prepare and implement a plan to prevent construction debris from dropping into . the WilIamette River and to remove materials that may drop with a minimum disturbance to aquatic habitat. o Prepare site restoration plans for upland, wetland, and streambank areas to include native plant species and noxious weed abatement techniques, and use large wood and rock as components of streambed protection treatments. o Flag boundaries of clearing limits and sensitive areas to be avoided during construction. o Coordinate with Willamalane Park and Recreation District and the Eugene Parks and Open Space Division regarding sensitive areas in Alton Baker Park and the Whilamut Natural Area that should be avoided during construction. o Restore and revegetate disturbed areas. Policy E. 4: Public and private facilities shall be designed and located in a manner that preserves and enhances desirable features of local and neighborhood areas and promotes their sense of identity. The replacement bridges will be located within the same aDaT right-of-way where the decommissioned bridge is located. Impacted riparian areas and other lands within the greenway setback can be protected during the permitting process through the imposition of approval conditions. ~. Bridge design can be considered during the plan amendment process or, for Springfield, through the Discretionary Use Approval process as provided in SDC 25.050 and 10.030. Conceptual designs will be addressed as part of the federaj draft environmental process that precedes local land use decision-making. As noted above in the discussion of ,Stat~wi~~ Planning Goal I, the public is involved in this process. Among other things, aDaT established a Community Advisory Group (CAG) composed of representatives of Date ReceivecOate Received FEB 0 1 200S FCii (J 157nnR PI::Innor" R Ir.' ',,,.,,,, Plan Amendment Request 2/01/2008 '" -:\ ~ ,.,!..~.4.) , local neighborhood aSSOCiatIons, parks departments (Eugene and WiIlamalane), the Citizen Planning Committee for the Whilamut Natural Area, chambers of commerce, and the University of Oregon that has been involved in the development of the project and will continue to be involved during selection of the bridge type, its design, and construction. Transportation Element Goal I: Provide an integrated transportation and land use system that supports choices in modes of travel and development patterns that will reduce reliance on the automobile and enhance livability, economic opportunity, and the quality of life. Goal 2: Enhance the Eugene-Springfield metropolitan area's quality of life and economic opportunity by providing a transportation system that is: . Balanced . Accessible · Efficient . Safe . Interconnected . Environmentally responsible . Supportive of responsible and sustainable development . Responsive to community needs and neighborhood impacts o Economically viable and financially stable The 1-5 Willamette River Bridge is an existing facility in TransPlan and the OHP. As such, through TransPlan's acknowledgment, it has already been deemed consistent with Transportation Goals 1 and 2. While 1-5 is a freeway and, as such, is automobile oriented, the mobility and accessibility it provides do help to enhance regional livability, economic opportunity, and the quality ofljfe in the region, The bridge replacement project maintains consistency with Goals 1 and 2. Due to structural damage that rendered it unsafe and which cannot be repaired, the original 1-5 bridge was decommissioned and must be replaced. The project replaces the original bridge with two new permanent bridges. Replacing a structurally deficient and unsafe bridge, rather than directing 1-5 traffic onto local streets, maintains regional mobility and livability and enhances economic opportunity and quality of life. It ensures the continuation of an accessible, efficient, and interconnected transportation network by allowing continued use of 1-5 over the WiIlamette River, thus maintaining the principal roadway connection between the north and south portions of Eugene and Springfield. Through the permitting process, measures can and will be provided to ensure construction of the replacement bridges occurs in an environmentally responsible manner. """ Date Received FEB 0 1 2008 Planner: t~J Plan Amendment Request 2/01/2008 ~ " Transportation System Improvements: System-Wide Policies F 10: Protect and manage existing and future transportation infrastructure. The 1-5 Willamette River Bridge Project replaces a structurally deficient bridge with two new permanent bridges built to accommodate anticipated traffic volumes and weight loads. This bridge replacement reflects an effort to manage and protect 1-5, which is an essential part of the region's and state's existing transportation infrastructure. Transportation System Improvements: Roadways Policy F14: Address the mobility and safety needs of motorists, transportation users, bicyclists, pedestrians, and the needs of emergency vehicles when planning and constructing roadway system improvements. 1-5 across the Willamette River is an exjsting transportation facility identified in TransPlan and the OHP. Because the original 1-5 bridge is structurally deficient and had to be decommissioned, a new permanent bridge is needed to address the safety and mobility needs of motorists arid facilitate efficient movement of emergency vehicles between the north and south sections of Eugene and Springfield, The new permanent replacement bridges can and will be designed to meet applicable state and federal safety and mobility standards. The temporary detour bridge cannot accommodate the safety needs of motorists because it does not meet current seismic standards and the construction methods used to build it only met environmental requirements as they applied to temporary, not permanent, structures. Policy F15: Motor vehicle level of service policy: a) Use motor vehicle level of service standards to maintain acceptable and reliable performance on the roadway system. These standards shall be usedfor: (1) Identifying capacity deficiencies on the roadway system. (2) Evaluating the impacts on roadways of amendments to transportation plans, acknowledged comprehensive plans and land-use regulations, pursuant to the TPR (OAR 660-012-0060). (3) Evaluating development applications for consistency with the land-use regulations of the applicable local government jurisdiction. b) Acceptable and reliable performance is defined by the following levels of service under peak hour traffic conditions: LOS E within Eugene's Central Area Transportation Study (CATS) area and LOS D elsewhere, c) Performance standards from the ORP shall be applied on state facilities in the Eugene-Springfield metropolitan area, .' . t,: ~ Date Received FEB 0 1 200S 53 r._ c. -, ~. . Plan Aniendniehi'Request 2/01/2008 PlaAner: BJ..- . , The 1-5 Willamette River replacement bridges will be striped to provide two travel lanes in each direction, consistent with current striping patterns, The bridge will be built to accommodate future restriping to three travel lanes in each direction when the adjacent sections of 1-5 are widened to three lanes in each direction. TransPlan projects 150 and 260 provide for the future widening of 1-5 from four to six travel lanes north and south of the Willamette River. Because the 1-5 Willamette River Bridge is already recognized in TransPlan, there is no need to amend the plan. The required exceptions are not taken to meet requirements of Statewide Planning Goal 12 or the Transportation Planning Rule (TPR), but to comply with Willamette River greenway requirements in Goal 15 and the Metro Plan. These findings address the consistency of the needed plan amendments with applicable Metro Plan requirements and land use regulations. Other applicable land use regulations will be addressed during the local permitting processes. F16: Promote or develop a regional roadway system that meets the combined needs jor travel through, within and outside the region. 1-5 is a state facility that' serves both statewide and regional transportation needs as defined in the TPR, i.e., needs for movement of people and goods (I) between and through regions of the state and between states (state need), and (2) between and through communities and accessibility to regional destinations within a metropolitan area (regional need). As such, it is an integral element of the Eugene-Springfield metropolitan area's regional roadway system. Indeed, it is likely the principal arterial serving the combined needs for travel through, within, and outsjde the region. Replacing a structurally deficient bridge with two new bridges promotes the maintenance and continuation of the regional roadway system serving the combined needs for travel through, within, and outside the region. Transportation System Improvements: Goods Movement F29,' Support reasonable and reliable travel times for freight/goods movement in the Eugene-Springfield region. Connecting 1-5 north and south of the WiIlamette River via a new, structurally safe bridge crossing is essential to ensuring that reasonable and reliable travel times for moving freight and goods in the region are maintained. Without the connection, tens of thousands of vehicles daily would be required to seek alternative means for crossing the river, clogging capacity and causing congestion and delay throughout Eugene and Springfield. Existing roadways lack sufficient capacity to accommodate the existing 49,000 daily vehicle trips or the 73,000 daily vehicle trips anticipated on the 1-5 Willamette River Bridge by 2030. Date Received FEB 0 1 2008 Plan Amendment Request -,2/01/2008 Planner: BJ 54 ~ '. Finance F34: Operate and maintain transportation facilities in a way that reduces the need for more expensive future repair, A permanent replacement for the decommissioned bridge is necessary to improve safety and ensure mobility of all users of 1-5 in the Eugene/Springfield area. Replacing the unsafe decommissioned bridge and substandard detour bridge with a permanent bridge that meets current safety and design standards and that handles increasing traffic volumes will result in the continued operation of 1-5 and will eliminate the potential for a more costly, expedited future repair to ensure continued mobility. Citizen Involvement Element Goal: Continue to develop, maintain, and refine programs and procedures that maximize the opportunity for meaningful, ongoing citizen involvement in the community's planning and planning implementation processes consistent with mandatory statewide planning standards, Citizens have the opportunity to be involved in the 1-5 Willamette River Bridge Replacement Project through participation in the federal environmental process and through the local land use decision-making process, including opportunity to comment at public hearings on the applications for the current plan amendments. Citizen involvement will continue through the design and construction of the replacement bridges. Citizen involvement that has occurred to date is discussed in greater detail above in the findings addressing Statewide Planning Goal I, b. TransPlan Many of the relevant goals, objectives, and policies in TransPlan are repetitive of those in the Transportation Element of the Metro Plan. Where this is so, reference is made back to the analysis of the corresponding provision in the Metro Plan. Like many of the policies in TransPlan, many of these goals, objectives, and policies are directive to the city or encourage or support a specified outcome. While these are not mandatory review standards for this reason, they are addressed herein nonetheless. As with the Metro Plan, a number of the TransPlan goals, objectives, or policies touch this project only tangentially, if at all. Because they do not directly apply, these goals, objectives, and policies are not addressed herein. Goal #1: Provide an integrated transportation and land use system that supports choices in modes of travel and development patterns that will reduce reliance on the automobile and enhance livability, economic opportunity, and the quality of life, Date Received FEB 0 1 200S Plan Amendment Request 2/0112008 Planner: BJ -, l~i>. , , , : Goal #2: Enhance the Eugene-Springfield metropolitan area's quality of life and economic opportunity by providing a transportation system that is: . Balanced, Accessible, Efficient, Safe, Interconnected, Environmentally responsible, Supportive of responsible and sustainable development, Responsive to community needs and neighborhood impacts, and Economically viable and financially stable. . . . . . . . . TransPlan Goals 1 and 2 are virtually identical to the Metro Plan Transportation Elements Goals I and 2. The project satisfies these goals for the same reasons these Metro Plan goals are satisfied. Objective #1: Provide adequate levels of accessibility and mobility for the efficient movement of people, goods and services within the region. The OHP identifies 1-5 as a facility needed to serve statewide transportation needs, including the movement of freight through the region and the state. A safe 1-5 bridge crossing over the Willamette River is integral to moving people, goods, and services efficiently within and through the region, Objective #2: Improve transportation system safety through design, operations and maintenance, system improvements, support facilities, public information, and law enforcement efforts. The original 1-5 Willamette River Bridge was structurally damaged and had to be decommissioned for safety reasons. The new bridges will be designed to meet all required safety standards and thus will improve transportation system safety. Objective #3. Provide transportation systems that are environmentally responsible. Through application of the NEPA and its implementing regulations, the bridge replacement project must meet federal environment standards. This will involve strategies to avoid or minimjze impacts where practicable and mitigate unavoidable adverse environmental impacts.36 The project also must obtain local permits from Eugene and Springfield pursuant to land use regulations that were adopted to protect the Willamette River greenway and significant natural resources pursuant to Statewide Planning Goals 15 and 5; regulate construction in hazard areas pursuant to Goal 7; and protect air and water quality consistent with Goal 6, . Date Received 36 Mitigation is generally a condition of state and federal environmental permits when unavoidableJ'W\c~GOB WIll occur. ' H:,K ,,'........,-, Plan Amendment.Request 2/01/2008 . - r"~nnier" ~J . . "5'/;' U "r " Objective #4: Support transportation strategies that improve the economic vitality of the region and enhance economic opportunity. This objective is met for the reasons noted under Goal 9 compliance, A safe, properly functioning bridge serving interstate traffic over the WiIlamette River is essential to efficiently moving goods and services, which in turn enhances economic opportunity and improves regional economic vitality. Objective #5: Provide citizens with information to increase their awareness of transportation issues, encourage their involvement in resolving the issues, and assist them in making informed transportation choices, The 1-5 WiIlamette River Bridge Replacement Project involves citizens through both the federal environmental process and the local land use decision-making process. In each, citizens have the opportunity to review background materials and be heard in the publjc hearing process. Citizen involvement opportunities are discussed above in more detail in the analysis of compliance with Statewide Planning Goal I. Objective #6: Coordinate among agencies to facilitate efficient planning, design, operation, and maintenance of transportation facilities and programs, Among others, this application has involved coordination among the Oregon Department of Transportation, the Federal Highway Administration, Lane County, the cities of Eugene and Springfield, and affected state and federal environmental agencies. Coordination efforts are described above in more detail in the analysis of compliance with Statewide Planning Goal 2, Part I. TSI System-Wide Policies Policy #1: Protect and manage existing andfuture transportation infrastructure. The original 1-5 Willamette River Bridge was decommissioned upon the opening of the detour bridge following determination that it was structurally unsafe. Replacing that bridge with new bridges that meet applicable safety standards protects and properly manages the 1-5 system. TSI Roadway Policies Policy #1: Address the mobility and safety needs o/motorists, transit users, bicyclists, pedestrians, and the needs of emergency vehicles when planning and constructing roadway system improvements. This policy is satisfied for the same reasons that the application complies with Metro Plan Transportation Element Policy F.14. " "Ii' Date Received FEB 0 1 200S 57 Planner: BJ h Plan Amendment Request 2/0112008 )' Policy #2: Use motor vehicle level of service standards to maintain acceptable and reliable performance on the roadway system. These standards shall be usedfor: (1) IdentifYing capacity deficiencies on the roadway system. (2) Evaluating the impacts on roadways of amendments to transportation plans, acknowledged comprehensive plans and land-use regulations, pursuant to the TPR (OAR 660-012-0060). (3) Evaluating development applications for consistency with the land-use regulations of the applicable local government jurisdiction. Performance standards from the Oregon Highway Plan shall be applied on state facilities in the Eugene-Springfield metropolitan area. This policy is satisfied for the same reasons that the application complies with Metro Plan Transportation Element Policy F .15. Policy #3: In conjunction with the overall transportation system, recognizing the needs of other transportation modes, promote or develop a regional roadway system that meets combined needs for travel through, within, and outside the region. This policy is satisfied for the same reasons that the application complies with Metro Plan Transportation Element Policy F.16. TSI Goods Movement Policies Policy #1: Support reasonable and reliable travel times for freight/goods movement in the Eugene-Springfield region. This policy is satisfied for the same reasons that the application complies with Metro Plan Transportation Element Policy F.29. c. WilIakenzie Area Plan Several provisions in the Willakenzie Area Plan are relevant to this application. These criteria are found in the Land Use Element, Transportation Element, and Neighborhood Design Element. The application is consistent with these criteria for the reasons outlined below. As discussed in Section 2.5, above, the application is not consistent with Use Management Standard I of the Neighborhood Design Element, Willamette Greenway Development Criteria, because as written, this provision does not allow the bridge replacement to go forward. Accordingly, ODOT has requested that Use Management Standard 1 be amended. Besides ensuring that the Willakenzie Area Plan maintains consistency with the Metro Plan and TransPlan, the requested amendment would be consistent .with both the Land Use and Transportation elements of th",Willakwie Area d Plan for reasons stated below. Uale neCelVe FEB 0 1 200S 58 Planner: BJ Plan' Amendment Request 2/01/2008 , '<' " . Land Use Element: Land Use Policies and Proposed Actions Policy 1: The City shall use the Land Use Diagram and accompanying text and policies of the Willakenzie Refinement Plan, as well as other applicable City goals, policies, and plans, to provide policy direction for public decisions affecting the plan area. The City is reviewing this application for compliance with relevant provisions of the Metro Plan, TransPlan, and Willakenzie Area Plan. Diagrams in the Willakenzie Plan identify 1-5 as a major arterial. See the transportation functional classification map on page 84, which shows an 1-5 bridge over the Willamette River. This application is consistent with that provision. Policy 3: Retain existing significant vegetation whenever possible to provide buffering between residential and nonresidential uses, as well as between low-density and higher density residential uses. The project will result in the temporary removal of some existing vegetation buffering residential areas from 1-5. The vegetation removed will be limited to the miniminn area necessary for construction and staging activities. Following construction, cleared areas will be revegetated and returned to existing conditions to the extent practicable. Policy 4: Recognize Coburg Road, the Ferry Street Bridge, Beltline Road, Delta Highway, 1-5, and the Eugene-Springfield Highway (1-105) as designated entrance corridors to the city as identified in the adopted City of Eugene Entrance Beautification Study. This policy recognizes 1-5 as an entrance corridor. Replacing the decommissioned 1-5 WiIlamette River Bridge is consistent with that categorization and, for all practical purposes, necessary for 1-5 to retain this designation. Transportation Element Policy 1: The transportation network within the Willakenzie area shall be planned and designed to ensure: a) preservation of existing neighborhoods; b) an adequate system of arterials and collectors for the efficient movement of through traffic; and c) the preservation of the use of local streets for local traffic. The functional classification map identifies 1-5 (including a bridge over the Willamette River) as a major arterial. 1-5 cannot adequately provide for the efficient movement of traffic through the Willakenzie area without replacing the unsafe, structurally deficient decommissioned bridge with a new river crossing. The amendment to Neighborhood Design Element Use Management Standard I (Willamette River Greenway), addressed in Section 2,5 of these findings, is necessary to ensure continued compliance and maintain plan consistency with Transportation Element Policy I, "' Date Received FEB 0 1 200S 59/"'- Planner: .8dE(~. ~,,~ ,'": (j :,. ~- ." Plan Amendment Request 2/01/2008 ", -' Policy 4: The City shall provide for improvements to designated entrance corridors, including those in County and State jurisdictions, in conjunction with construction or reconstruction projects affecting those streets. The bridge crosses the Willamette River, a defining feature of Eugene-Springfield. The project area also includes an important and highly used park with a designated natural area (the Whilamut Natural Area) and unique cultural features. Further, the bridge is an important symbolic gateway between Eugene and Springfield as well as for the Willamette River valley. A key consideration of the project is providing an aesthetically pleasing solution that recognizes the scenic beauty of the project area. Therefore, a range of bridge types and pier options were considered. Selection of the bridge type for each segment is dependent primarily on aesthetic considerations and budget. Additionally, the reduction in the total number of piers and in the number of piers within the Willamette River will greatly improve views of the river and, as such, contribute to a sjgnificant positive visual impact. Policy 4,1: As part of the design process, provide for the development of corridor design plans that recognize the unique characteristics and individual identities of each of the designated entrance corridors. ODOT is developing the project to retain design flexibility related to bridge form, materials, and aesthetic treatments as well as to allow flexibility to the engineers to design an economical bridge that also meets community requirements. Selection of the bridge type for each segment is dependent primarily on aesthetic considerations and budget. Policy 7: To the greatest extent possible, the City shall encourage regional and intercity traffic to use major rather than minor arterials. The Transportation Element functional classification map designates 1-5 as a major arterial. The application to amend Use Management Standard I is fully consistent with this policy because it provides for the continued use of 1-5 through the area to serve through and regional traffic. Because the decommissioned bridge must be replaced for safety reasons, this policy can only be satisfied by approving the requested goal exceptions and Willakenzie Area Plan amendment. Policy 8: The City shall work with developers and the State of Oregon to ensure that noise allenuation is provided for existing and proposed residential developments along State highways when improvements are made to those roads. A project noise technical report was prepared as part of the EA to analyze potential noise impacts resulting from the project. Per the ODOT Noise Manual (June 1996) analysis procedures, noise mitigation measures were evaluated to reduce noise levels to nearby residences as a result of the project. Noise walls were determined to meet the ODOT effectiveness and cost-effectiveness criteria in two locations and were recommended as --,;;, Date Received FEB 0 1 ~08 Planner: BJ -.1:'- Plan Amendment Request 2/0112008 ~- - '- ~ mitigation. The final wall locations will be determined after public input is completed as part of the NEPA process. Policy 8.1: At the request of residents, the City should work wilh residents and the State to determine cost-effectiveness and cost distribution for sounds barriers along existing freeways in the established neighborhoods where sound barriers are not currently installed. See response to Policy 8. Policy 8,2: The City should work with the State to ensure local, State, and Federal regulations pertaining to noise attenuation are met whenever a freeway is improved. See response to Policy 8. Neighborhood Design Element - WilIamette Greenway Use Management Standard 1: See Section 2,5 above, Use Managemenl Standard 2: Provision for public pedestrian and bicycle access along the river. Trails will, to the maximum extent practicable, be kept open, safe, and useable during project construction. A continuous route across ODOT right-of-way for the bicycle/pedestrian pathways would be maintained on both the north side and the south side ofriver during construction. The project will not have a long-term effect on existing bicycle/pedestrian access along the river. Use Management Standard 5: Activities or uses such as open storage of materials shall be discouraged within the greenway. Two staging areas for material storage and stockpiling, equipment storage, job trailers, employee parking, and other construction-related uses would be occupied during construction; one on the north side of the river and one on the south. The currently- proposed staging areas would be located on ODOT right-of-way, but would also require the temporary occupancy of three parcels not currently owned by ODOT, including portions of Alton Baker Park, within the greenway, adjacent to 1-5. ODOT would acqujre temporary easements for use ofnon-ODOT property during construction. Use Management Standard 7: Significant fish and wildlife habitats, as identified in the adopted Natural Resources Special Study, or Metropolitan Plan Natural Assets and Constraints Working Paper shall be protected. Sites subsequently determined by the Oregon Department of Fish and Wildlife shall also be protected. Significant fish and wildlife habitats can and will be protected through compliance with the permitting requirements contained in the Eugene and Springfield development codes fordevelopments in the greenway and in areas subject to Statewide Goal ba~ei1ieceived Plan Amendment Request '2/0112008 FEB 01;1200S ..._., .1' (! ' Planner:' sJ;;"-';-' Eugene and Springfield can impose approval conditions as they deem necessary to protect fish and wildlife habitats to the extent practicable, consistent with the need to provide a new 1-5 Willamette River crossing relevant to the Transportation Element policies identified above. ODOT will coordinate with ODFW through the design process to identify opportunities to minimize habitat disturbance. To avoid and minimize potential impacts to fish and wildlife species habitat during and after construction activities, all applicable OTIA III State Bridge Delivery Program EPS will be implemented to reduce the extent of direct and indirect impacts to habitat. These include: o Minimize effects to natural stream and floodplain by keeping the work area to the smallest footprint needed. o Prepare and implement a plan to prevent construction debris from dropping into the Willamette River and to remove materials that may drop with a minimum disturbance to aquatic habitat. o Prepare site restoration plans for upland, wetland, and streambank areas to include native plant species and noxious weed abatement techniques, and use large wood and rock as components of streambed protection treatments. o Flag boundaries of clearing limits and sensitive areas to be avoided during construction. o Coordinate with Willamalane Park and Recreation District and the Eugene Parks and Open Space Division regarding sensitive areas in Alton Baker Park and the Whilamut Natural Area that should be avoided during construction. o Restore and revegetate disturbed areas. Use Management Standard 8: The natural vegetative riparian fringe along the Willamette River, as identified on the Willakenzie Area Plan Natural Resource Area Map, shall be protected and enhanced to the maximum extent practicable. The riparian vegetation removed will be limited to the minimum area necessary for construction and staging activities. Following construct jon, cleared areas will be revegetated and returned to existing conditions to the extent practicable. The natural vegetation riparian fringe along the Willamette River can and will be protected through compliance with the permitting requirements contained in the Eugene Code for proposed development in the greenway and in areas subject to Statewide Goal 5. The City of Eugene can impose approval conditions as it deems necessary to protect riparian vegetation to the extent practicable, consistent with the need to provide a new 1-5 Willamette River crossing relevant to the Transportation Element policies identified above. Plan Amendment Request 2/0112008 Date Received FEB 0 1 20QS Planner: BJ ~.", '- .c;: Use Management Standard 9: Scenic qualities and viewpoints, as identified in the Metro Plan Natural Assets and Constraints Working Paper shall be preserved. The new replacement bridges will be located within ODOrs 1-5 right-of-way in essentially the same location as the decommissioned bridge. As such, this project should have no effect on scenic qualities and viewpoints. Neighborhood Design Element - Waterways Policy I: Significant wetland, riparian, water and upland sites in the Willakenzie area shall be protected from encroachment and degradation in order to retain their important functions related to fish and wildlife habitat, flood control, sedimentation and erosion control, water-quality control, and groundwater pollution control. Affected riparian areas and fish and wildlife habitat in the Willakenzie area can and will be protected through compliance with the permitting requirements contained in the Eugene development code for proposed development in the greenway and in areas. subject to Statewide GoalS. The City of Eugene can impose approval conditions as it deems necessary to protect these resources to the extent practicable, consistent with the need to provide a new le5 Willamette River crossing relevant to the Transportation Element policies identified above. Flood control, sedimentation and erosion control, and water-quality and groundwater pollution control can be achieved through these same permitting processes, through the issuance of permits to allow development in the floodway or floodplain, and by requiring ODOT to construct the new bridges and demolish the decommissioned and detour bridges using Best Management Practices. d. Riverfront Park Study Transportation 5. Required transportation projects will be phased and the phasing schedule will depend upon the level of participation of non-public funds (i. e., participation by a developer) and the level of actual development, It is not expected that the project will be phased. Environment 2, The existing Millrace which passes through a portion of the study area is an important environmenlal and historic city feature, Development occurring in the Riverfront Park shall maintain or improve the visual and bicycle/pedestrian access to and along the Mill Race, expanding its use for public recreation while at the same time recognizing its role as a storm runoff channel. '. Plan Amendment Request (2/01/2008 Date Received FEB 0 1 200S (~...:.. ...;. . / . Planner:3 BJ " K ./ 3. Development occurring in the Riverfront Park area shall be designed to preserve a significant cluster of black locust, English oak, and redleaf plum trees located just east of the current location of the bicycle path. 4, Development in the Riverfront Park area shall, when possible, maintain and enhance the public's physical access to the river and the riparian strip along its banks. The new bridges would be constructed in about the same location as the decommissioned and detour bridges. Though there would be a slight shift in the alignment of 1-5, all improvements would remain within the existing OOOT right-of-way. The new bridges therefore will not be located within the Riverfront Park Study area. However, portions of the temporary work bridges may be located within a small portion of the Riverfront Park Study area. OOOT would acquire temporary easements for use of non-OOOT property during construction, The Riverfront Park Study area in which a portion of the temporary work bridges may be located is just east of the 1-5 replacement bridges shown in Figure 3, south of the Willametle River, and north of Franklin Boulevard. This section of the Riverfront Park Study area does not include the Millrace and cluster of trees mentioned in the Riverfront Park Study Environmental Policies 2 and 3; therefore, these elements would not be affected. Public access to the river and along the 'Millrace will not be affected. See responses to GoalS and Metro Plan Policy E.2. e. Laurel Hill Plan 6. The Laurel Hill Plan supports the South Hill Study standards. In general, alteration of the land contours shall be minimized to retain views of natural features and retain as much of the forested atmosphere as possible. Aside from purely aesthetic considerations, these hillsides demand care in development because the topsoil is thin and the water runoff is rapid. Proposed developments shall respect the above considerations. The Valley hillside policy applies to all land with an average slope, from toe to crest, of 15 percent or greater, (A is-percent slope is one in which the land rises 15 feet per 100 horizontal feet.) a. if, in the opinion of the responsible City official, an adverse conservation or geological condition exists upon a parcel of land proposed for a subdivision, or before any major hillside clearing, excavation, filling or construction is contemplated, the requirements of the Uniform Building Code, Chapter 70, Excavation and Grading, and those sections of the code relative to foundation design may be invoked. b, Considerable latitude shall be allowed the developer in the shaping, depth, and required street frontages of lots where it is necessary to preserve the terrain. Project improvements would occur within the existing OOOT right-of-way. The vegetation removed will be limited to the minimum area necessary for construction and staging activities. Following construction, cleared areas will be revegetated and returned to existing conditions to the extent practicable. Grading would be limited to minimum Date Received Plan Amendment Request FEB 0 1 200S 2/0112008 64 Planner: BJ , -' area necessary. Areas affected by construction activities would be restored following construction. f. South Hills Study That adequate review of both on-site and off-site impact of any development by a qualified engineering geologist occur under any of the following conditions: 1. Allformations Soil depth of 40 inches and above Slopes of 30 percent and above 2. Basaltjlows Soil depth of 40 inches and above Slopes of20 percent to 30 percent 3. Eugene Formation Soil depth of 40 inches and above Slopes of20 percent to 30 percent 4, Basalt jlows Soil depth of 20 to 40 inches Slopes of 30 percent and above 5. Eugene Formation Soil depth of20 inches to 40 inches Slopes of 30 percent and above Land within the southern portion of the project area, within the South Hills Study area, is below 500 feet in elevation. Project work within this area consists of roadway alignment. Geological resources in the project area consist of fill material, alluvium, and bedrock. The processes affecting these materials are anthropogenic, such as excavation and grading, and natural, such as landslides, erosion, and earthquakes. The project would have no permanent effects on geological resources. Based on the earthquake hazard, geotechnical investigations should be completed prior to construction to determine the best method to seat foundations, piers, and bents to reduce effects related to earthquakes (e.g., lateral spread, liquefaction). In addition, slopes should he constructed in a manner that reduces the potential for erosion or small landslides. g. Entrance Beautification Study 1. identifY the most direct and attractive routes into the city, encourage their use, and maintain and improve the character and quality of the entrance experience along these routes. Plan Amendment Request 2/01/2008 Date Received FEB 0 1 20>>P Planner: BJ J 2. Design and implement improvements to Eugene's entrances which recognize the diversity and identity of the areas in which the entrances are located. 3, Cooperate with other jurisdictions to make the most efficient use of available funds in achieving beautification of Eugene's entrances. 4. When evaluating designs for entrance beautification projects, give preference to designs which reduce long-term maintenance costs. See responses to WiIlakenzie Area Plan Land Use Element Policy 4 and Transportation Element Policy 4. 2.8 Compliance with Eugene Code (EC) 9.7730(3)(a) and (b), EC 9.8424(1)(b) and (c), and EC 9.8424(2) EC 9. 7730 Criteria for Approval of Plan Amendment (3) The following criteria shall be applied by the city council in approving or denying a Metro Plan amendment application: (a) The amendment must be consistent with the relevant Statewide Planning Goals adopted by the Land Conservation and Development Commission and (b) Adoption of the amendment must not make the Metro Plan internally inconsistent. Section 2.6 provides a discussion of consistency with the Statewide Planning Goals. Section 2.7(a) provides a discussion of consistency with the Metro Plan and a discussion of why the amendment does not make the Metro Plan internally inconsistent. EC 9.8424 Refinement Plan Amendment Approval Criteria The planning commission shall evaluate proposed refinement plan amendments based on the criteria set forth below, and forward a recommendation to the city council, The ciiy council shall decide whether to act on the application. If the city council decides to act, it shall approve, approve with modifications or deny a proposed refinement plan amendment. Approval, or approval with modifications shall be based on compliance with the following criteria: (1) The refinement plan amendment is consistent with all of the following: (b) Applicable provisions of the Metro Plan. Section 2.7(a) provides a discussion of the applicable provisions ofthe Metro Plan. . Plan Amendment Request 2/0112008 Date Received FEB 016 200S PI!:lnnot'. C II , -, (1) The refinement plan amendment is consistent with all of the following: (c) Remaining portions of the refinement plan. Section 2. 7( c) provides a discussion of the applicable proVISIOns of the applicable refinements plans including the Willakenzie Area Plan, Riverfront Park Study, Laurel Hill Plan, South Hill Study, and Entrance Beautification Study. (2) The refinement plan amendment addresses one or more of the following: (a) An error in the publication of the refinement plan. (b) New inventory material which relates to a statewide planning goal. (c) New or amended community policies. (d) New or amended provisions in afederallaw or regulation, state statute, state regulation, statewide planning goal, or state agency land use plan. (e) A change of circumstances in a substantial manner that was not anticipated at the time the refinement plan was adopted. An amendment is required pursuant to (e). At the time the Willakenzie Area Plan was adopted, 1-5 was a given element of the system, and replacement of the 1-5 bridge for safety reasons was not envisioned. Consequently, the Willakenzie Area Plan did not provide for replacement of the bridge. 2.9 Other Information At the request of city staff, ODOT is or will be providing the following additional information, although not directly relevant to any applicable review criterion. a. Project Design Detailed maps and drawings of the proposed replacement bridges will be provided prior to the initial public hearing, following public testimony on the draft Environmental Assessment. b. Status of Other Permit Applications As noted in Section 2.1 above, ODOT will need to apply for and obtain additional permits from Springfield and Eugene before it can begin project construction. The plan amendments requested herein are prerequisites to the permitting process. They are required to allow the project to move forward. Once approved, the project can move into the "project development" stage, obtaining permits as necessary to construct in areas that are flood ways or floodplains or affect greenway and GoalS resources. This approach is consistent with the TPR. See OAR 660-012-0050(3). Plan Amendment Request 2/0112008 Date Received FEB 0 1 ~g08 Planner: BJ ~ ~, c. Relationship with NEPA Process This project involves transportation improvements that will be funded, in part, with federal funds, As such, the project must follow the process established under NEP A. ODOT's coordination rules under OAR 731-015-0075, provide as follows for projects involving federal environmental review: "(3) Except as otherwise set forth in section (4) of this rule, [ODOT] shall rely on affected cities and counties to make all plan amendments and zone changes necessary to achieve compliance with the statewide planning goals and compatibility with local comprehensive plans after completion of the Draft Environmental Impact Statement or Environmental Assessment and before completion of the Final Environmental Impact Statement or Revised Environmental Assessment. These shall include the adoption of general and specific plan provisions necessary to address applicable statewide planning goals." This application will come before Eugene, Springfield, and Lane County following completion of the Environmental Assessment and following or concurrent with public hearings on that document. Consistent with this rule, final action on the federal environmental document will not occur until after the necessary comprehensive plan amendments are approved.37 d. Relationship with Other Projects Project planning has considered other reasonably foreseeable future projects, Other projects in the area include ongoing studies of the Franklin Boulevard corridor and the Franklin - Glenwood interchanges. In addition, a third railroad track on the south side of the river near Franklin Boulevard may be added, No specific plans for these areas have been developed at this time. To account for potential improvements to the Franklin Boulevard corridor and the railroad (as yet unplanned), proposed replacement bridges would have greater vertical and horizontal clearances than the decommissioned and detour bridges in order to provide more clearance over Franklin Boulevard. The additional clearance at Franklin Boulevard is to provide flexibility to local jurisdictions for future improvements to the Franklin Boulevard corridor. Additional clearance is also required to meet current vertical clearance requirements for state highways. Although there are no specific plans for future improvements to Franklin Boulevard, the proposed clearances would allow the addition of turning or through lanes, sidewalks or bicycle/pedestrian paths, transit lanes, aesthetic treatments, or other improvements. t"'loo ~"~ , 37 According to an attorney in the O'egon Department of Justice, notwithstanding OAR 731-015-0075, the local public hearing process for the land use applications need not await completion of the Environmental Assessment in the current ci,cumstance because (I) the bridge is already part of both the approved Oregon Highway Plan and TransPlan; (2) ,eplacing the bridge is consistent with these transportation system plans, provided the new, bridge is in the same general location and se,ves the same function. Should a no-buiLll. . alternative. ~e ch?sen, the application will be withdrawn. Date Hecelvem I I Planner: BJ I FEB 0 k200S Plan Amendment Request 2/01/2008 . . " e. Project Funding The 1-5 Willamette River Bridge replacement project is in both the MTIP and the RTP. The project is part of the aTIA III Statewide Bridge Replacement Program and is identified as "Bundle 220." The project has funding in the amount of $180 million, which covers not only the costs of removing the decommissioned Canoe Canal and detour bridges and constructing the replacement bridges, but also all associated costs, including the costs for preparing federal envirorullental documents and obtaining land use plan amendments and permits. f. Consistency with East Alton Baker Park Plan While the East Alton Baker Park Plan (March 1996) is not directly applicable to the bridge replacement project, the project is consistent with the plan. The East Alton Baker Park Plan contains just one policy that would be relevant to the bridge replacement project. That is Policy 14.0, which provides in part: "With the exception of the 1-5 overpass, establish an environment free of motorized vehicles' that will enhance the use of pedestrian and bicycle corridors and serve the needs of all park users..." (Emphasis added.) Because this policy clearly recognizes the 1-5 overpass, which the bridge project will be replacing, as well as its usage by motorized vehicles, the bridge project is consistent with the East Alton Baker Park Plan. Date Received Plan Amendment Request 2/01/2008 FEB 0 1 200S 69 Planner: BJ