HomeMy WebLinkAboutOrdinance 6231 10/06/2008
ORDINANCE NO. 6231
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AN ORDINANCE AMENDING THE EUGENE-SPRINGFIELD
METROPOLITAN AREA GENERAL PLAN (METRO PLAN) CONSISTENT
WITH POLICY G.3 IN CHAPTER III, SECTION G. PUBLIC FACILITIES AND
SERVICES ELEMENT; AMENDING TABLE 4, TABLE 16 AND MAP 2 OF THE
PUBLIC FACILITIES AND SERVICES PLAN (PFSP) TO UPDATE THE
PROJECT LISTS AND MAPPED LOCATION OF THESE FACILITIES; AND
ADOPTING A SEVERABILITY CLAUSE.
WHEREAS, Chapter IV of the Eugene-Springfield Metropolitan Area General
Plan (Metro Plan) sets forth procedures for amendment of the Metro Plan, and by
extension, amendment of refinement and functional plans that supplement the Metro
Plan, which for Springfield are implemented by the provisions of Chapter 5, Section
5.14-100 through 5.14-155 of the Springfield Development Code; and
WHEREAS, the Metro Plan identifies the Eugene-Springfield Metropolitan Area
Public Facilities and Services Plan (Public Facilities and Services Plan) as a refinement
plan which forms the basis for the Public Facilities and Services Element of the Metro
Plan and guides the provision of public facilities and services in the metropolitan area;
and
WHEREAS, the Public Facilities and Services Plan serves the goals, objectives
and policies of the Metro Plan by addressing the provision of public facilities and
services within the urban growth boundary (UGB), services to areas outside the UGB,
locating and managing public facilities outside the UGB, and financing public facilities;
and
WHEREAS, the current Eugene-Springfield Metropolitan Area Public Facilities
and Services Plan, adopted in 2001 and amended in 2004 and in 2006, is in need of
modification to reflect necessary upgrades to the wastewater collection system including
several lines and pump stations in Springfield; and
WHEREAS, at the conclusion of a joint public hearing with the Lane County
Planning Commission on May 6, 2008, the Springfield Planning Commission
recommended the Eugene-Springfield Metropolitan Area Public Facilities and Services
Plan, Table 4, Table 16 and Map 2, be amended to reflect necessary upgrades to certain
wastewater lines and pump stations in Springfield, and that these same amendments be
adopted into the Eugene-Springfield Metropolitan Area General Plan consistent with
Policy G.3, Chapter III, Section G Public Facilities and Services Element of the Metro
Plan; and
WHEREAS, the City Council conducted a joint public hearing on this
amendment on September 172008, with the Lane County Board of Commissioners,
and is now ready to take action based upon the above recommendations and evidence and
testimony already in the record as well as the evidence and testimony presented at the
joint elected officials public hearing; and
WHEREAS, substantial evidence exists within the record demonstrating that the
proposal meets the requirements of the Metro Plan, Springfield Development Code, and
applicable state and local law as described in findings attached as Exhibit C, and which
are adopted in support of this Ordinance.
NOW, THEREFORE, the Common Council of the City of Springfield does
ordain as follows:
Section 1: The Eugene-Springfield Metropolitan Area Public Facilities and
Services Plan (PFSP) is modified and amended to insert the map and table changes or
additions as set forth in Exhibit A, Exhibit B, and Exhibit C attached and incorporated
herein which amendments are hereby adopted.
Section 2: The Public Facilities and Services Element (Section III-G) of the
Eugene-Springfield Metropolitan Area General Plan (Metro Plan) is modified and
amended, consistent with Policy G.3 and as set forth in Exhibit A, Exhibit B, and Exhibit
C attached and incorporated herein, which amendments are hereby adopted.
Section 3: The findings set forth in attached Exhibit D are adopted as findings in
support of this Ordinance.
Section 4: If any section, subsection, sentence, clause, phrase or portion of this
Ordinance is for any reason held invalid or unconstitutional by a court of competent
jurisdiction, such portion shall be deemed a separate, distinct and independent provision
and such holding shall not affect the validity of the remaining portions thereof.
Section 5: Notwithstanding the effective date of ordinances as provided by
Section 2.110 of the Springfield Municipal Code 1997, this Ordinance shall become
effective 30 days from the date of its passage by the City Council and approval by the
Mayor, or upon the date of its acknowledgement as provided by ORS 197.625, whichever
date is later, provided that by that date the Lane County Board of Commissioners has
adopted an ordinance containing identical provisions to those described in Sections I and
2 of this Ordinance.
Adopted by the Common Council of the City of Springfield this ~ day of
October ,2008 by a vote of ~in favor and -Lagainst. (2 absent)
Approved by the Mayor of the City of
leld this ~day'6foctob~lZ008.
ATTEST:
~[mPd1E[[) it f~PP~O\fED
AS TO FORM
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DATE:~ "S. o~
OFFICE OF CITY ATTORNEY
ORDINANCE NO. 6231
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Eugene-Springfield Public Facilities and Services Plan
Planned MWMC Wastewater Project Sites
Further details of specific projects at each of the identified
sites are described in tables 3, 4, 4a and 4b
Planned Metro Wastewater Sites
. Regional Pump Stolion
A Screw Pump Station
. Local Pump fJation
. Regional Wasiewater Treatment Srte
I:J Metro Plan Boundary
Melro Urban Growlh Boundary
_ Uitlan Reserves
Ei5I Proposed Was1ewater Lines of 24" or larger
Nolo: U'ban R9sclVes are nol'l being sludi&d
as pari of Iho Mctopob'lan Urban R9sl}/Vc Analysis
Periodic Re view study.
o 05 1 21.lles
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NOTES:
1. Faci1ites shown oulside Ihe UGB cannot be Joc;aled as shown
wI1houl first obtaining Lane Counly land use approvaL
2 7he !pneral locations of /he facilities are shown on /tis m~.
ElIact p<oject locations are delermined Ihrough Joc;al processeS
~
MAP2
Aprif, 2008
Project
Number
104
~
105
.we
106
107
108
109
110
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202
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203
EXHIBIT B - P1
Table 4
City of Springfield Wastewater System Improvement Projects
Project NamelDescription
Lon -Term
Harbor Drive
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Peace Health
ATTACHMENT 3 - 1
(com leted)
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EXHIBIT C - P1
Table 16
City of Springfield
Wastewater System Improvements, Estimated Costs, and Timing
Project Project NamelDescription Cost Estimated Completion
Number ($000) Year
Short Term
-lQ4 T. n ..l ,~ 1999 2904
104 Jasper Road sewer extension 11,600 2010-2012
~ Game Farm R-ead tmBk sewer -l-;:)OO 19992004
105 lOin & N Street Upgrade 3,950 2010
.f.% 1 n ..l -l-;:)OO 1999 2004
106 E Street (Central Trunk) upgrade 2,500 2010-2013
107 Main Street Sewer upgrade # 1 . 2,100 2010-2013
108 Nugget Way pump station upgrade 1,400 2010
109 Hayden Lo pump station upgrade 1,050 2010-2013
110 River Glen pump station upgrade 1,200 2010-2013
Lon! Term
~ TI .... ~ -l-;lOO 2095 2006
202 Harbor Drive pump station 3,340 2015-2020
~ -l-9!hP .. .+ ......~ ~ 2005 2906
203 Peace Health pump station 3,190 2012-2017
ATTACHMENT 4 - 1
EXHIBIT 0 - P1
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Staff Report and Findings of Compliance with the Metro Plan and Statewide
Goals and Administrative Rules
File LRP 2000-0007 Amendments to the Metro Plan and Public Facilities and Services
Plan
Applicant:
City of Springfield, Public Works Department
Nature of the Application:
The applicant proposes to amend the Eugene~pringfield Metropolitan Area General
Plan (Metro Plan) and the Public Facilities and Services Plan (PFSP) to: (1) add or
modify nine projects to Table 4 of the PFSP including five pump stations and four
wastewater lines 24 inches in diameter or larger; (2) delete four projects from Table 4 and
five projects from Table 16 of the PFSP which have been constructed or deemed
unnecessary; and, (3) update Map 2 in the PFSP to indicate the general location of these
new projects added to Table 4. '
Background:
Metro Plan-PFSP-Local Facilities Plan Context
Oregon state land use law (Goal 11, OAR 660-011) requires all cities with a population
over 2,500 to develop and adopt a public facilities plan for the area within the city's
urban growth boundary. The public facilities plan is a support document or documents to
a comprehensive plan. Certain elements of the public facility plan also shall be adopted
as part of the comprehensive plan; these elements include a list of public facility project
titles, (excluding the descriptions or specifications of those projects if so desired by the
jurisdiction); a map or written description of the public facility projects' locations or
service areas; and the policies or urban growth m~ement agreement designating the
provider of each public facility system. (OAR 660-011-0045)
In 2001 the governing bodies of Eugene, Springfield and Lane County repealed the 1987
Public Facilities and Services Plan and replaced it with the Eugene.,Snringfield
Metropolitan Area Public Facilities and Services Plan. Dece~ber 2001 (subtitled: A
Refinement Plan of the Eugene-S~riIie:field Metropolitan Area General Plan. ). One of
the results of this action is described in the PFSP as follows: "Chapter II of this plan
recommends text amendments to the Metro ,Plan which are adopted as part of, and are
incorporate~ into, the Metro Plan. The project lists and maps in Chapter II are also
adopted as part of the Metro Plan but are physically located in this refinement plan. If
there are any inconsistencies between this plan and the Metro Plan, the Metro Plan
prevails." (page'l, Introduction, PFSP)
This text confirms that the PFSP is a refinement plan of the Metro Plan; that both the
PFSP and the Metro Plan "co-adopted" the project lists, maps and policies as required by
Staff Report and Findings Page 1
ATTACHMENT 5 - 1
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EXHIBIT 0 - P2
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OAR 660-011-0045; that the project lists and maps do not physically appear in the
published Metro Plan but instead are to be found in the PFSP; and that amendment of the
project list, maps or policies, because they are co-adopted into both the Metro Plan and
P FSP, require identical amendment to both those documents if changes are made.
In February 2004 the City of Springfield, on behalf of the Metropolitan Wastewater
Management Commission, initiated amendments to the Metro Plan and P FSP project
lists, maps and policies. These amendments were adopted by the governing bodies in
July 2004, but were appealed to the state Land Use Board of Appeals (LUBA). LUBA
remanded some of these amendments (project lists) which were subsequently changed
accordingly by the elected officials' of Eugene, Springfield and Lane County and again
adopted as amendments to the Metro Plan and the PFSP in November and December,
2006.
On Aprll21, 2008 the Springfield City Council, on behalf of the Public Works
. Department of the City of Springfield, initiated amendments to the Metro Plan and P FSP
to incorporate specific recommendations found in the City efSpringfield's draft
Wastewater Master Plan - February 2008. (Attachment #2) This plan recommends the
addition or modification of 9 projects and the removal of 4 projects that have been
completed or are no longer necessary. All of these projects are part of the City's
collection system (not MWMC projects) and serve only the residents and businesses of
the City of Springfield. Notwithstanding the single jurisdiction service purpose of these
new projects, the Metro Plan (page V-4, Public facility projects: (b) Wastewater)
requires all pump stations, and all wastewater lines 24 inches or larger, to be identified in
the project lists and maps. Because the Metro Plan ''prevails'' if there are any
inconsistencies between the Metro Plan and the,PFSP, the PFSP project lists and maps
also must show all pump stations and wastewater lines 24 inches or larger.
Wastewater MaSter Plan - 2008
The City's Wastewater Master Plan (WWMP) is a citywide public infrastructure plan that
evaluates existing and future demand on the wastewater collection system (based on
projected population and employment growth through the year 2025) and makes
recommendations for system improvements (capacity and efficiency). The WWMP was
initiated by Council to update the 1980 Sanitary Sewer Master Plan, and to assist in the
implementation of the Metropolitan Wet Weather Flow Management plan, adopted by the
Metropolitan Wastewater Management Commission.
The City's WWMP is not a substitute for the wastewater systems planning that appears in
Chapter ill of the Metro Plan or throughout the PFSP; Oregon Administrative Rule 660-
011-0010 identifies the constituent components of public facility plans including how
these state requirements relate to other public facilities plcinning that may be prepared by
cities and authorized service providers:
"(3) It is not the purpose oftbis division to cause duplication of or to supplant existing
applicable facility plans and programs. Where all or part of an acknowledged
/
Staff Report and Findings Page 2
ATTACHMENT 5 - 2
EXHIBIT D - P3
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comprehensive plan, facility master plan either of the local jurisdiction or appropriate
special district, capital improvement program, regional functional plan, similar plan or
any combination of such plans meets all or some of the requirements of this division,
those plans, or programs may be incorporated by reference into the public facility plan
required by this division. Only those referenced portions of such documents shall be
considered to be a part of the public facility plan and shall be subject to the administrative
procedures of this divisions and ORS Chapter 197."
Taken in its entirety, this rule provision is intended to allow cities to adopt existing public
facilities documents, rather than prepare new ones, where those documents satisfy the
standards of OAR 660-011. This rule provision does not invalidate other elements of
these local planning efforts that do not address provisions of the rule; it simply qualifies
those elements of local planning documents that can be used to meet this rule-and in so
doing, obligates such elements to the requirements of ORS 197 (goals compliance; post-
acknowledgment plan amendment procedures). The City is not proposing to reference
any elements of the WWMP as provided in OAR 660-011-0010, but does contend that
the development and application of the WWMP is conSistent with the following Metro
Plan policy:
"G.2 Use the planned facilities maps of the Public Facilities and Services Plan for water,
wastewater, stormwater, and electrical projects in the metropolitan area Use local
facility master plans, refinement plans, and ordinances as the guide for detailed planning
and project implementation." [Emphasis added]
The WWMP recommends a variety of projects and programs to achieve the stated goal of
the plan: ''Identify existing and future capacity constraints, determine capacity
requirements and identify system improvements necessary to meet the city of '
Springfield's projected population and employment growth through the (2025) planning
year." The following project recommendations need to be included in the lists and maps
in the Metro Plan and P FSP: '
For inclusion in Table 4:
Proj ect # 104 - Jasper Road sewer extension
System extension in the general vicinity of Jasper Road to collect flow from
future development I the Jasper-Natron area
Project #105 -10th and N Street Upgrade
Construct parallel 24 inch pipe to increase capacity of existing system to
accommodate wet weather flows
Project #106 - E Street (Central Trunk) upgrade
Construct 24 inch pipe to increase capacity of existing system to accommodate
wet weather flows
Project #107- Main Street sewer upgrade #1
Staff Report and Findings Page 3
ATTACHMENT 5 - 3
EXHIBIT D - P4
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Construct 24 inch pipe to increase capacity of existing system to accommodate
wet weather flows'
Project #108 - Nugget Way pump station upgrade
Increase pump ~on capacity to accommodate wet weather flows with the
largest pump out of service
Project #109 - Hayden Lo pump station upgrade
Increase pump station capacity to accommodate wet weather flows with the
largest pump out of service
Project #110 - River Glen pump station upgrade
, Increase pump station capacity to accommodate wet weather flows with the
largest pump out of service
Project #202 - Harbor Drive pump station
New pump station to collect flow from future development in the viciriity of the
South 2nd Street area ,
Project #203 - PeaceHealth pump station
New pump station to collect flow from future development in the vicinity of
Deadmond Ferry Road and Baldy View Drive
For deletion from Table 4:
Project #105 - Game Farm Road trunk sewer
Project #106 - Gateway/Harlow Road pump station upgrade
Project #202 - East Glenwood gravity sewer
Project #203 - 19th Street pump station
NOTE: Table 16 contains the same projects found in Table 4 proposed for inclusion or
deletion; in addition Table 16 provides cost estimates and completion year estimates for
each project. Please refer to Attachments #4, #5, and #6.
, Metropolitan Area General Plan Amendment Criteria
The proposed amendments are considered to be Type IT Metro Plan amendments because
they are site specific amendments to Plan project lists and maps: Type II Metro Plan
amendments inside the city limits shall be approved by the Home City; Type II Metro
Plan amendments between the city limits and the Plan Boundary shall be approved by the
Home City and Lane County. At least three of the pump stations are outside the city
limits therefore Lane County must co-adopt these amendments. '
Staff Report and Findings Page 4
ATTACHMENT 5 - 4
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EXHIBIT D - P5
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Springfield and Lane County adopted identical Metro Plan amendment criteria into their
respective implementing ordinances and codes. Springfield Development Code (SDC)
, Chapter 5, Section 5.14-135(C) (1 & 2) and Lane Code 12.225(2) (a & b) require that the
amendment be consistent with relevant statewide planning goals and that the amendment
not make the Metro Plan internally inconsistent. These criteria are addressed as follows:
(a) The amendment must be consistent with the relevant statewide planning goals
adopted by the Land Conservation and Development Commission;
Goal 1- Citizen Involvement
To develop a citizen involvement program that insures the opportunity for citizens
to be involved in all phases of the planning process.
The two cities and the county have acknowledged land use codes that are intended
to serve as the principal implementing ordinances for the Metro Plan. Chapter 5
of the SDC, Metro Plan Amendments; Public Hearings, prescribe the manner in
which a Type II Metro Plan amendment must be noticed. Citizen involvement for
a Type II Metro Plan amendment not related to an urban growth boundary
amendment requires: Notice to interested parties; notice to properties and
property owners' within 300 feet of the proposal; published notice in a newspaper
of general circulation; and notice to the Department of Land Conservation and
Development (DLCD) at least 45 days before the initial evidentiary hearing
(planning commission).
Notice of the joint planning commission hearing was mailed on April 18, 2008;
notice was published in the Register-Guard on Apri124, 2008. Neighborhood
Associations, if any, were mailed notice on April 18, 2008. Notice of the :first
evidentiary hearing was provided to DLCD on March 4, 2008. Lane County is
participating in this matter; Eugene was sent a referral on February 20, 2008.
, Springfield's Committee for Citizen Involvement (CCl) met on March 4,2008 to '
discuss citizen involvement opportunities. A public workshop, website posting,
two public hearings (planning Commission, City Council) and mailed notice to
neighborhood associations, local engineering firms, developers and other
stakeholders were approved by the CCI.
Requirements under Goal 1 are met by adherence to the citizen involvement
processes required by the Metro Plan and implemented by the Springfield
Development Code, Chapter 5 and Lane Code Sections 12.025 and 12.240.
Goal 2 - Land Use Planning
To establish a land use planning process and policy framework as a basis for all
decisions and actions related to use of I and and to assure an adequate factual
base for such decisions and actions.
Staff Report and Findings Page 5
ATTACHMENT 5 - 5
EXHIB.IT 0 - P6
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All land-use plans and implementation ordinances shall be adopted by the
, governing body after public hearing and shall be reviewed and, as needed,
revised on a periodic cycle to take into account changing public policies and
circumstances, in accord with a schedule set forth in the plan. Opportunities
shall be provided for review and comment by citizens and afficted governmental
units during preparation, review and revision of plans and implementation
ordinances.
Implementation Measures - are the means used to carry out the plan. Theseare
of two general types: (1) management implementation measures such as
ordinances, regulations or project plans, and (2) site or area specific
implementation measures such as permits and grants for construction,
construction of public facilities or provision of services.
The current version of the Metro Plan was last adopted in 2004 (Springfield
(Ordinance No. 6087; Eugene Ordinance No. 20319; and Lane County Ordinance
No. 1197) after numerous public meetings, public workshops and joint hearings
of the Springfield, Eugene and Lane County Planning Commissions and Elected
Officials. '
Subsequent to these Metro Plan adoption proceedings, Eugene, Springfield and
Lane County considered amendments to Chapter III-G Public Facilities and
Services Element and Chapter V Glossary of the Metro Plan; and amendments to
the Public Facilities and Services Plan by adding new tables (4a; 4b; 16a) and a
new map (2a) identifying wastewater treatment facilities and conveyance systems '
in Chapter IT; amended Chapter N wastewater system condition assessment; and
added a new Chapter VI Amendments. These amendments were also reviewed at
public meetings, public workshops and joint hearings of the Spoogfield, Eugene
and Lane County Planning Commissions and Elected Officials. These
amendments were appealed to LUBA and subsequently some (project list) were
remanded to the elected officials for additional clarification and description of
projects' associated with the wastewater treatment facility expansion. The elected
officials adopted these remanded amendments in 2006.
:The Metro Plan is the "land use" or comprehensive plan required by this goal; the
Springfield Development Code and the Lane Code are the "implementation
measures" required by this goal. Comprehensive plans, as defined by ORB
197.015(5), must be coordinated wi~ affected governmental units. Coordination,
means that comments from affected governmental units are solicited and
considered.
Goal 3 - Agricultural Lands
To preserve and maintain agricultural lands.
Staff Report and Findings Page 6
ATTACHMENT 5 - 6
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EXHIBIT D - P7
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The changes do not affect Metro Plan or P FSP consistency with this goal and it
does not apply within adopted, acknowledged urban growth boundaries. None of
the proposed projects are intended to provide wastewater service outside the
UGB; the projects were recommended in the Wastewater Master Plan to "meet
the city of Springfield's projected population and employment growth thrOugh the
(2025) pla.I}Ding year."
Goal 4 - Forest Lands
To conserve forest lands by maintaining the forest land base and to prot~ct the
state's forest economy by making possible economically efficient forest practices
that assure the continuous growing and harvesting of forest tree species as the
leading use on forest land consistent with sound management of soil, air, water,
. and fish and wildlift resources and to provide for recreational opportunities and
agriculture.
The changes do not affect Metro Plan or PFSP consistency with this goal and it
does not apply within adopted, acknowledged urban growth boundaries. None of
the proposed projects are intended to provide wastewater service outside the
UGB; the projects were recommended in the Wastewater Master Plan to "meet
the city of Springfield's projected population and employment growth through the
(2025) planning year."
Goal 5 - Open Spaces, Scenic and Historic Areas, and Natural Resources
To protect natural resources and conserve scenic and historic areas and open
spaces.
The City has finished all work required under Goal 5 during the most recent,
Periodic Review (completed in 2007). None of the proposed project additions are
located within any of the City's protected Goal 5 resource sites; none of the
proposed projects were designed or intended to allow development to occur
within a protected resource site; the presence of urban services does not invalidate
Goal 5 inventories or protection measures even if the new urban service becomes
available to any of these sites; these Goal 5 sites were identified and protected
because they qualified under city or state laws, not because of a lack of available
services. The changes do not affect acknowledged Goal 5 inventories so this
proposal does not create an inconsistency with the goal.
Goal 6 - Air, Water and Land Resources Quality
To maintain and improve the quality of the air, water and land resources of the
state.
This goal is primarily concerned with compliance with federal and state
environmental quality statutes, and how this compliance is achieved as
development proceeds in relationship to air sheds, river basins and land resources.
Staff Report and Findings Page 7
ATTACHMENT 5 - 7
EXHIBIT D - P8
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The Federal Water Pollution Control Act, P.L. 92-500, as amended in 1977,
became known as the Clean Water Act (33 U.S.C..1251 et seq.). The goal of this
Act was to eliminate the discharge of pollutants into the navigable Waters. ORS
468B.035 requires the Oregon Environmental Quality Commission (EQC) to
implement the Federal Water Pollution Control Act. The,primary method of
implementation of this Act is through the issuance of aN ational Pollutant
Discharge Elimination System (NPDES) permit prior to the discharge of an)t
wastes into the waters of the state. (ORS 468B.050) Among the ''pollutants''
regulated by the EQC are temperature (OAR 340-041-0028) and toxic substances
(OAR 340-041-0033).
Previously, the Plan was amended to ensure that the Metro Plan and the P FSP
accurately reflect regional wastewater system needs as imposed by Federal and
State regulation. Currently, the P FSP states that " . .. the Regional Wastewater
Treatment Plant has sufficient design capacity to accommodate population
increases and serve' all new development at buildout." This amendment takes the
next step in bringing the plan current by incorporating those local facilities in
Springfield which are required to adequately and efficiently convey sewage to the
Regional Wastewater Treatment Plan for treatment. The proposed amendment is
based on the most current draft of a Sanitary Sewer Master Plan now under
preparation for the City. That Plan is anticipated to be adopted by the City of
Springfield in mid-2008. Until that time, it is possible that the list of projects may
be amended and, accordingly that the current drafts of the proposed map and table
~endments will be further modified to conform to the provisions of the adopted
Master Plan
Goal 7 - Areas Subject to Natural Disasters and Hazards
To protect people and property from natural hazards.
The Metro Plan and the City's development code are acknowledged to be in
compliance with all applicable statewide land use goals, including Goal 7. The
proposed projects are not located within hazard areas nor does their presence have
any affect o~ existing policies or procedures adopted by the City of Springfield
and applicable in hazard areas. This Goal is unaffected by the presence or
absence of urban services to natural hazard areas.
GoalS - Recreational Needs
To satisfy the recreational needs of the citizens of the state and visitors and,
where appropriate, to provide for the siting of necessary recreationalfaciliti,es
including destination resorts.
All of the proposed projects are intended to accommodate future growth in
population and employment. What is meant, but not stated in this general,concept
of "future growth in population and employment" is that it includes ancillary
activities as well. The Metro Plan anticipates up to 32% of residential
Staff Report and Findings Page 8
ATTACHMENT 5 - 8
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EXHIBIT 0 - pg
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designation will be occupied by these ancillary activities: ''In the aggregate, ,non-
residential land uses consume approximately 32 percent of buildable residential
land.. These non-residen1:?-al useS include churches, day care centers, parks, streets,
schools, and neighborhood commercial." (page ill-A-4, Metro Plan)
Determination of pipe sizes and pump capacity includes the presence of these land
uses and in any case, the Willamalane Park and Recreation Master Plan includes
future park sites needed to keep pace with residential growth.
Goal 9 - Economic DeveIop~ent
To provide adequate opportunities throughout the state for a variety of economic
activities vital to the health, welfare, and prosperity of Oregon's citizens.
The Metro Plan cites the provision of adequate public facilities and services as
necessary for economic development. Objective 10, at page ill-B-4 states:
Provide the necessary public facilities and services to allow economic
development Policy B25, at Page ill-B-6, states: Pursue an aggressive
annexation program and servicing of designated industria1lands in order to have a
sufficient supply of "development ready" land. Policy B26, at page ill-B-6,
states: In order to provide locational choice and to attract new campus industrial
firms to the metropolitan area, Eugene and Springfield shall place as a high
priority service extension, annexation, and proper zoning of all designated special
light industrial sites. All of these policies are served by the proposed amendments
to the Metro Plan and PFSP as these projects are intended to meet future demand
generated by population and 'employment growth. Additionally, it is the provision
of key urban services that typically determines suitability of land to be converted
from rural to urban and to be annexed into the city limits: "Land within the UGB
may be converted from urbanizable to urban only through annexation to a city
when it is found that: a A minimum level of key urban facilities and services can
be provided to the area in an orderly and efficient manner; b. There will be a
logical area and time within which 190 deliver urban services and facilities.
Conversion of urbanizable land to urban shall also be consistent with the Metro.
Plan." (page ll-C-4, Metro Plan) Each of the pump stations is located in or near
areas not yet annexed or developed with planned urban uses. These pump stations
will allow wastewater extension to these lands so that planned development may
occur. The Nugget Way ,and PeaceHealth pump stations in particular will
facilitate commercial and industrial development by making available this
mandatory urban service. .
Goal 10 - Housing
To provide for the housing needs of citizens of the state. Goal 1 0 Planning
Guideline 3 states that "[PJla:zs shouldprovidefor the appropriate type, location
and phasing of pubic facilities and services sufficient to support housing
developm,ent in areas presently developed or undergoing development or
redevelopment. "
Staff Report and Findings Page 9
ATTACHMENT 5 - 9
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EXHIBIT 0 - P10
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OAR 660--008-{)0 1 0 requires that "[S]ufficient buildable land shall be designated
on the comprehensive plan map to satisfy housing needs by type and density
range as determined in the housing needs projection." Goal 10 defines buildable
lands as ". . .lands in urban and urbanizable areas that are suitable, available and
necessary for residential use." 660--008-{)005(13), in part, defines land that is
"suitable and available" as land "for which public facilities are planned or to
which public facilities can be made available."
Similar to Goal 9, adequate public faciliti~s are ne~essary to accomplish the
objectives of this goal and applicable administrative rules (OAR Chapter 660,
Division 008). The purpose of the proposed amendments is to provide the
capacity for future development (year 2025) of residential (population) and
commercial and industrial (employment). use consistent with the comprehensive
plan. '
,Goal 11 - Public Facilities and Services
To plan and develop a timely, orderly and efficient arrangemf#nt of public
facilities and services to serve as aframeworkfor urban and rural development.
, OAR Chapter 660, Division 011, implements goal 11. OAR 660--011-003 O( 1)
requires that the public facility plan list the proposed projects and identify the
general location of the project on a map. The proposal will add nine projects to
Tables 4 and 16; delete four projects from these same tables in recognition of their
completion or supplanted need; and show the location of all proposed proj ects on
Map 2. These ~bles and map are adopted as part of the Metro Plan, btit are
located in, and are a part of the P FSP.
OAR 660--011-0035(1) requires that the public facility plan include a. rough cost
estimate for sewer public facility proj ects identified in the facility plan. In
confonnity with this requirement, Table 16 includes rough cost estimates for all
nine proposed projects. These costs are derived from the work performed during
the preparation of the Wastewater Master Plan.
OAR 660--0 11-0045 requires certain elements of the public facility plan to be
adopted as part of the comprehensive plan. These elements include the list of
public facility project titles (Table 4); the map or written description of the public
facility projects locations or service areas (Map 2); and policies or urban growth
management agreements designating the provider of each public facility system.
No policy amendments are proposed in this action. The notice of propose4
amendment sent to DLCD, the notice of the hearing on these amendments, and
the applicable criteria are consistent with the provisions for a land use decision
and the post-acknowledgment procedures ofORS ,197.610.
Goal 12 - Transportation
To provide arid encourage a safe, convenient and economic transportation
system.
Staff Report and Findings Page 10
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The transportation system plan is not dependent upon, or influenced by the
wastewater system plan. Land development cannot occur in the absence of
infrastructure and that includes wastewater and transportation; but neither the
goals nor the OARs require a corollary analysis of each of these services when the
city is proposing one or both of these plans for post-acknowledgement
amendment All of the proposed amendments are needed to upgrade (expand the
capacity of) existing facilities. In each case, the planned transportation facilities
are: 1 already in place; 2 under construction; 3 in design; or, 4 planned. The
changes do "not affect Metro Plan or PFSP consistency with this goal.
Goal 13 - Energy Conservation
To conserve energy.
,3. Land use planning should, to the maximum extent possible, seek to recycle and
re-use vacant land and those uses which are not energy efficient. '
All of the projects are upgrades or expand the capacity of existing systems. Such
astrategy maximizes the efficiency of the exist:ii:1g system (sunk cost) and
provides for in:fill and redevelopment opportunities that couldn't go :forward
without these improvements. The changes do not affect Metro Plan or P FSP
consistency with this goal.
Goal 14 - Urbanization
To provide for an orderly and efficient transition from rural to urban land use, to
accommodate urban population and urban employment inside urban growth
boundaries, to ensure efficient use of I and, and to provide for livable
communities.
The amendments do not affect the existing UGB; they will allow capacity
expansion of existing facilities to enable projected planned population and
employment growth through the (2025) planning year. If these upgrades do not
occur, projected population and employment growth will need to be
accommodated beyond the existing UGB. The proposed amendments will
potentially delay when UGB adjustments must be taken and may reduce the
acreage necessary to accommodate projected growth. The changes do not affect
Metro Plan or PFSP consistency with this goal. '
Goal 15 - Willamette River Greenway
To protect, conserve, enhance and maintain the natural, scenic, historical,
.agricultilral, economic and recreational qualities of lands along the Willamette
River as the Willamette River Greenway.
There are two projects in proximity to the Willamette River: Nugget Way aild
Harbor Drive pump stations. The presence of these facilities, and the necessary
upgrades, will allow planned development of these areas to occur, but not at the
exclUSIon of any other rules or standards that may be applicable to even per;mitted
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development. For example, development within the Greenway Boundary is
permitted but is subject to SDC 3.3-300 regardless of the presence or absence of
infrastructure. The changes do not affect Metro Plan or P FSP consistency with
this goal.
Goal 16 Estuarine Resources, Goal 17 Coastal Shorelands, Goal 18 Beaches
and Dunes, and Goal 19 Ocean Resources
These goal~ do not apply to the Eugene-Springfield Metropolitan Area.
(h)
Adoption o/the amendment must not make the Metro Plan internally
inconsistent
The project lists and maps contained in the PFSP were adopted as part of the
Metro Plan in 2004 and 2006. The project lists in the PFSP, in the form of tables,
include pump stations and any pipes 24 inches or larger; the maps show the
general location or service area of the projects. The proposed amendments
include pump stations and pipes 24 inches or large, project descriptions, and '
changes to the map to show the general location of each project These same
amendments are applied to the same project lists (Tables 4 and 16) and maps
(Map 2) in the PFSP that are specifically adopted as part of the Metro Plan. This
action constitutes the quintessential test of consistency. The proposed changes, as
presented, will not q'eate internal inconsistencies within the Metro Plan.
In addition to the foregoing, the proposed m:;nendments are consistent with the
following Metro Plan policies:
''Extend the minimum level and:full range of key urban facilities and services in
an orderly and efficient manner consistent with the growth management policies
in Chapter IT - C, relevant policies in this chapter, and other Metro Plan policies."
(page ill-G-4, policy G.t) ,
"Use the planned facilities maps of the Public Facilities and Services Plan to
guide the general location of water, wastewater, stormwater, and electrical
projects in the metropolitan area. Use local facility master plans, refinement
plans, and ordinances as the guide for detailed planning and project
implementation." (page ill-G-4, policy G.2)
''Modifications and additions to or deletions from the project lists in the Public
Facilities and Services Plan for water, wastewater, and stormwater public facility
projects or significant changes to project location, from that described in the
Public Facilities and Services Plan planned facilities Maps 1,2 and 3, requires
amending the Public Facilities and Services Plan and the Metro Plan..." (page
ill-G-4, policy G.3)
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"Use annexation, provision of adequate public facilities and services, rezoning,
redevelopment and infill to meet the 20,..year projected housing demand." (page
ill-A-5, policy A4)
''Endeavor to provide key urban services and facilities required to maintain a five-
year supply of serviced, buildable residential land." (page ill-A-6, policy A.7)
"Coordinate higher density residential development with the provision of
adequate infrastructure and services, open'space, and other urban !UD.enities."
(page III-A-7, policy A.12)
"Coordinate local residential land use and housing planning with other elements
of this plan, including public facilities and services, and other local plans, to
ensure consistency among policies." (page Ill-A-13, policy A.35)
Staff Report and Findings Page 13
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