Loading...
HomeMy WebLinkAboutAIS PLANNER 10/6/2008 AGENDA ITEM SUMMARY Meeting Date: October 6, 2008 Meeting Type:. Regular Session Department: Development Services Staff Contact: Gregory Mott S P R I N G FIE L D Staff Phone No: 726-3774 C I T Y C 0 U N C I L Estimated Time: Consent Calendar ITEM TITLE: AMENDMENTS TO THE EUGENE-SPRINGFIELD METROPOLITAN AREA GENERAL PLAN (METRO PLAN) CONSISTENT WITH POLICY G.3 OF CHAPTER III, SECTION G. PUBLIC FACILITES AND SERVICES; AND AMENDMENTS TO TABLE 4, TABLE 16 AND MAP 2 OF THE PUBLIC FACILITIES AND SERVICES PLAN, A FUNCTIONAL PLAN OF THE METRO PLAN (10. NO. LRP 2008-0007), CITY OF SPRINGFIELD PUBLIC WORKS DEPARTMENT, APPLICANT ACTION REQUESTED: ISSUE STATEMENT: ATTACHMENTS: DISCUSSION/ FINANCIAL IMPACT: Conduct a second reading and adopt the following ordinance: 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. This aCtion identifies each of the wastewater system upgrades that must be included in the PFSP and which are necessary to provide' capacity for planned development within Springfield's urban growth boundary. I. . Ordinance 2. New Projects Map .3. New Table 4 4. New Table 16 5. Staff Report and Findings of Compliance with the Metro Plan and Statewide Goals and Administrative Rules On May 6, 2008 the Springfield and Lane County Planning Commissions conducted a joint hearing on these amendments and at the close of the record forwarded unanimous recommendations of approval to their respective elected officials. On September 17, 2008 the Springfield City Council and Lane County Board of Commissioners held a joint public hearing on these amendments and at the close ofthe record the Board of Commissioners voted 4-0 (one.absent) to adopt an ordinance identical to the ordinance (Attachment I) that is the subject of this second reading and request for adoption. Date Received OCT 06 2008 Planner: ,BJ ORDINANCE NO. AN ORDINANCE AMENDING THE EUGENE-SPRINGFIELD METROPOLITAN AREA GENERAL PLAN (METRO PLAN) CONSISTENT WITH POLICY G.3 IN CHAPTER ill, 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 N of the Eugene-Springfield Metropolitan Area General Plan (Metro Plan) sets forth procedures for amendment of the Metro Plan, and by extension, amendment ofretID.ement 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 reco=ended 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 saII)e 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 Batltl Doceived amendment on . 2008, with the Lane County Board of Comrm~iJnl:H, and is now ready to take action based upon the above reco=endations and OO~Cijqr mtIa testimony already in the record as well as the evidence and testimony presented at the joint elected officials public hearing; and Planner: BJ ATTACHMENT 1 - 1 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 describ<;d in findings attached as ExhibitC, and which are adopted in support of this Ordinance. NOW, THEREFORE, the Co=on Council of the City ofSpringo,eld does ordain as follows: Section 1: The Eugene-Springfield Metropolitan Area Public Facilities and Services Plan (PFSP) is modified and amend~d 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 adopte~ as findings in support of this Ordinance. Section 4: If any section, subsection, sentence, clause, pJJase or portion of this Ordinance is for any reason held invalidor.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 reI'"' o;n;n.g portions thereof. Section S: 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 1 and 2 of this Ordinance. ' Adopted by the Co=on Council of the City of Springfield this . 2008 by a vote of in favor and against. day of , . Approved by the Mayor of the City of Springfield this day of . .2008. Mayor ATTEST: City Recorder uate Received OCT 06 .2008 Planne,r: BJ ~.;t;Ji=rj, .::: r~J~f~~[;t1[~ A'S -,-{', Fn;:,,'r; .so~~~ l~~ DAE: "\ ~I ol:. OFF!r.S S~ Gi:f ,~TTORNEY ATTACHMENT 1 - 2 Pl . l <; ~ \ ~ 201:' ~ ,..r.' 'L,~ 'If?j -EL _ J -I \~EAA ~ --" .~-- , ~~ w ~- ~ ~ >- ~ :j i~ "1>- J I: '" '" I1 I .z: r -- -l N -., , - I .. r.;: - -!! - ... n- , " .III. ~ r , -< ,===F .-~ I/ll(',. 1 Ii...... ....., Lrl ..,.. I W 11rHAVE "":'1= - _- 1=- -r- 7 -+ ... t-1:! ==-t- .... ......... """--I " '"I..- , o a ) NOrES4 CD ,_ Fe5i/,~ohdo""UGBcanno/l>lllOcllled"_ wl1l6lilf ...ng Lono County IOnd us. .pprovel . .2 ~OMofll'fao.ies "'SfJOwnOtJthsmsp. EJl l' ens... I. I ( ,I hi, "I' < . ..'IT' . ....., - C-. a. Eugene-Springfield Public Facilities and Services Plan Planned MWMC Wastewater Project Sites Further details of specific projects at each ofthe identified sites are described in tables 3, 4, 4a and 4b .. P1anrn!d Metro Wastewater Slle. . R P St..on A Sc_ Pump St.tlon . Local Pump Sa1ion . Rogoonal I Sot. [J lA."" Plan BOUndary Uelro Urbln Gro'NIh Boundary _ Ulban _ " ,W I Lines of2.~Q' larger Not._ U1:lan II I ",."OWbft'tgstvcbtJd a ptIff 01 me Mttopottan Urban Reserw Anal)'S.c5 Pariodic Ila..ow SIudy r-- o 05 1 21.6... \f(J.:l""_=}t -~ ~ .1 ~- ..- ~ " . MAI_'" Sf r- J~. lOB ~. N W.E s MAP 2 ~ ~nl, 2008 I Project Number I I 1104 I~ 1105 l.we 1106 1107 1108 1109 1110 I I I~ 1202 I~ 1203 EXHIBIT B - P1 Table 4 City of Springfield Wastewater System Improvement Projects Project NamelDescription Short-Term Jasper Road sewer extension Game Farm Reaa trnllk sewer (completed) 10m & N Street Upgrade ~~ll'I\'IP,..'IJ:.:-!:-.-: r_z!:~ ;'-=p ~on "p;a'litle- (completed) E Street (Central Trunk) up~de Main Street Sewer upgrade # 1 Nugget Way pump station uD~de Hayden Lo pump station upgnu;le River Glen pump station upgrade I I I I I I I I I I LonJ(-Term E~ GI~!"l!aaa ~aYity ~ewer (completed) Harbor Drive pump station !9to,ga:e", f""'np ,~o"" (completed) Peace Health pump station Date Received OCT 0 6 2008 Planner: BJ ATTACHMENT 3 - 1 I Project Number I 14M 1104 I~ 11: 1106 1107 1108 1109 1110 I , I I~ 1202 1 ;W; 1203 EXHIBIT C - P1 Table 16 City of Springfield Wastewater System Improvements, Estimated Costs, and Timing Project Name!Description Short Term JasfJer Reaa S0Y."';er ~EteBsieB Jasper Road sewer extension Game Faml'R-eaa 1rnBk sewer 10m & N Street Upgrade Ga.~eway,'Hllfle';( ~:::~ ;=; y..::~ieH llll~aEle E Street (Central Trunk) upgrade, Main Street Sewer uP!qllde # 1 Nug.get Way pump station upgrade Hayden Lo pump station upgrade I River Glen pump station upgrade I Lonlt Term East Gleawsea ~y[it',' sewer Harbor Drive pump station ~~~~ f''UUl"p station Peace Health pump station ATTACHMENT 4 - 1 I Cost ($000) I ~ 11,600 -l-;3OO 3,950 -l-;3OO 2,500' 2,1 00 1,400 1,050 1,200 +;tOO 3.340 i~ I 3,190 Estimated Completion Year 1999 21191 2010-2012 1999 211111 2010 1999211111 I 2010-2013 I 2010-2013 12010 2010-2013 , 2010-2013 29Q5 29Qe 2015-2020 2QQ5 2gge 2012-2017 · Date Received OC1 a Ii lllllS Planner: BJ EXHIBIT D - P1 -1- Staff Report and Findings of Compliance with the Metro Plan and Statewide Goals and Ailm;n~strative 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-Springfield 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 coDstructed 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 Gontext 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 proj ects 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~n~gement 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 EUllene-Surimmeld Metrouolitan Area Puhlic Faci1itiesand Services Plan. December 2001 (subtitled: A Refinement Plan of the Ell!1:ene-Snrllil!fi.eld Metrooolitan Area General Plan. tOne of the results of this action is described in the PFSP il5 follows: "Chapter II of this plan reco=ends text amendments to the Metro Plan which are adopted as part of: and are incorporated 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 m this refinement plan. If there are any inconsistencies between this plan and the Metro Plan, the M.etro Plan prevails." (Page"l, Introduction, PFSP). ' . This text confirms that the P FSP is a re:f:i.D.ement plan of the Metro Plan; that Qste ReceIved PFSP and the Metro Plan "co-adopted" the project lists, maps and policies as ~d by . , .' OCT U 62008 Staff Report and Findings Page 1 ATTACHMENT 5 - 1 Planner: BJ EXHIBIT 0 - P2 -2- OAR 660-011-0045; that the project lists and maps do not physically appear in the published Metro Pldn but instead ~e to be found in the P FSP; 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 amendmen~ to both those documents if changes are made. In February 2004 the City of Springfield, on behalf of the Metropolitan Waste'Yllter Management CnTnTn; ssion, initiated amendments to the Metro Plan and P FSP project lists, maps and policies. These amendments were adopted by the governing bodies in Jilly 2004, but were appealed to th~ state Land Use Board of Appeals (LUBA): LUBA remanded some of these amendments (project lists) which were subsequently changed accorwngly by the elected officials of Eugene, Springfield and Lane County and again adopted as amendments to the Metr"o Plan and the PFSP in November and December, 2006. On April 21, 2008 the Springfield City Council, on behalf of the Public Works Department of the City of Springfibld, initiated amendments to the Metro Plan and P FSP to incorporate specific reco=endiitions found in the City of Springfield's draft Wastewater Master, Plan - FebruarY 2008. (Attachment #2) This plan reco=ends the addition or modification of 9 projC9ts and the removal of 4 projects that have been completed or are no longer necessal-y. All of these projects are part cifthe City's collection system (not MWMC projects) and serve only the residents and businesses of the City of Springfield. Notwithsta:ndingthe single jurisdiction service pUIpose 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. Becaus~ the Metro Plan "prevails" if there are any inconsistencies between the Metro Plan and thePFSP, the PFSP project liSts and maps also must show all pump stations lIIld wastewater lines 24 inches or larger. Wastewater MaSter Plan - 2008 The City's Wastewater Master Plan: (WWMP) isa citywide public infrastructure plan that. evaluates existing and future demand on the wastewater collection system (based on projected popillation and employmtent growth through the year 2025) and makes reco=endations 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 ManageIIient 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 A<iminimative Rille 660- 011-0010 identifies the constituent components of public facility plans i.il.c1uding how these state requirements relate to o~er public facilities planning that may be prepared by cities and authorized service providers: . "(3) It is not the pUIpose of this division to cause duplication of or to supplant~xisting . applicable facility plans and programs. Where all or part of an acknowledgedUate Received OCT 062008 StaffRepprt and Findings Page 2 ATTACHMENT 5 - 2 Planner: BJ EXHIBIT D - P3 - 3 - Comprehensive plan, facility master plan either of the local jurisdiction or "Pl-'."p.~te special district, capital improvemep.t 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 irlcorporated by reference into the public facility plan required by this division. Only thgse referenced portions of such documents shall be considered to be a part of the public facility plan and shall be subject to the ~clministrative procedures of this divisions and oks 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 i97 (goals compliance; post- acknowledgment plan amendmenf,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 reco=ends 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 L.....p." ...ements necessary to meet the city of . Springfield's projected population: and employment growth through the (2025) planning year." The following project recolnmendations need to be included in the lists and maps in the Metro Plan and P FSP: For inclusion in Table.4: Project #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 . ili . l Project #105 -10 andN Street Upgrade Construct parallel 24 inch pipe to .increase capacity of existing system to acco=odate wet weather .flows Project #106 - E Street (Central Tiunk) upgrade . Construct 24 inch pipe to iIicrease capacity of existing system to acco=odate wet weather flows Staff Report and Findings Page 3 ATTACHMENT 5 - 3 Date Rooaived OCT 06Z008 Planner: BJ ' Project #107- Main Street sewer 4pgrade #1 EXHIBIT D - P4 -4- Construct 24 inch pipe to mcrease capacity of existing system to accommodate wet weather flows . Project #108 - Nugget Way pump; station upgrade Increase pump station capapity to acco=odate wet weather flows with the largest pump out of service .' Project #109 - Hayden Lo pump station upgrade . . Increase pump station cap.icity to acco=odate wet weather flows with the largest pump out of service . Project #110 - River Glen pump station upgrade . Increase pump station capacity to acco=odate wet weather flows with the largest pump out of service ' Project #202 - Harbor Drive pump station New pump station to colle~ flow from future development in the vicinity of the South 2nd Street area 'i Project #203 - PeaceHealth pumpistation New pump station to colle\:t flow from future development in the vicinity of Deadmond Ferry Road and ~aldy View Drive For deletion from Table 4: ; i Project #105 - Game Farm Road trunk sewer . l Project #106 - Gatewilyf.Harlow R.oad pump station upgrade Project #202 - East Glenwood graVitY sewer Project #203'- 19th Street pump stimon . 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 Pla~ Amendment Criteria . The .,.v~vsed amendments are considered to be Type II Metro Plan amendments because they are site specific ainendments 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 \east three of the pump stations are outside the city limits therefore Lane County mustco-adopt these amendments. . Date Received OCT 062008 Staff Report and Findings Page 4 ATTACHMENT 5 - 4 Planner: BJ EXHIBIT D - P5 - 5- Springfield arid 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 internaI1y 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! - Citizen Involvement To develop a citizen irrvolvem~nt program that insures the opportunity for citizens . to be irrvolved 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 April24, 2008. Neighborhood Associ!ltions, if any, were mailed notice on April 18, 2008. Notice 'of the first evidentiary hearing was provided to DLCD on Marth 4, 2008. Lane County is participating in this matter; Eugene was sent a referral on February 20, 2008. . Springfield's Committee for Citizen Involvement (CCI) 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 asa basis for all decisions and ac~or:s related to. use of land and to assure anadequattJ~ Rece,'ve"d base for such deCISIOns and actions. . alt:: OCT 062008 Staff Report and Findings Page 5 ATTACHMENT 5 - 5 Planner: BJ EXHIBIT D - P6 -6- 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 affected governmental units duringpreparatiori, 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 Dl-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 IV wastewater system condition assessment; and added a new Chapter VI Amendments. These amendments were also reviewed at public meetings, public workshops andjofut hearings of the Spnngfield, Eugene and Lane County Planning Con:uriissions 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 expansioIl. 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 ORS 197.015(5), must be coordinated with afI"..~"d governmental units. Coordination, means that co=ents from affected governmental units are solicited and considered. Goal 3 - Agricultural Lands To preserve and maintain agnculturallands. Staff"Report and Findings Page 6 ATTACHMENT 5 - 6 Date Received . OCT 062008 Planner: BJ EXH IB IT 0 - P7 -7- , 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 proj ects are intended to provide wastewater service cnitside 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) plllI!D.ing year." Goal 4- Forest Lands To conserve forest lands by maintaining the forest land base and to protect the state's forest economy by making possible economically efficient forest practices that assure the continuous growing and harvesting afforest tree species as the leading Use on forest land consistent with sound management of soil, air, water, . andfish and wildlife resources and to provide for recreational opportunities and agriculture. 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 reco=ended in the Wastewater Master Plan to "meet the city of Springfield's projected population and employment growth through the (2025) planning year." GoalS - Open Spaces, Sceni~ 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 becanse 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 n~+^ R . . d development proceeds in relationship to air sheds, river basins and land reM~. , ecelve OCT 062008 Staff Report and Finrl;ngo Page 7 ATTACHMENT 5 - 7 Planner: BJ " EXHIBIT D - P8 -8- The Federal Water Pollution Control Act, p.L 92-500, as amendedin 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 iinplementation of this Act is through the issuance ofa National Pollutant Discharge Elimination System (NPDES) permit prior to the discharge of any wastes into the waters of the state. (ORS 468B.050) Among the ''pollutants" regulated by the .EQC are temperature (OAR 340-04 I -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 PFSP states that "... the Regional Wastewater Treatment Plant has sufficient design capacity to acco=odate population ' increases and serve all new development at buildout" This amendrrient 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 amendments 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 Elan and the City's development code are acknowl~dged 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 on 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. ' Goal 8 - Recreational Needs To satisf; the recreational needs of the citizens of the state and visitors ai1d, where appropriate, to provide for the siting of necessary recreational facilifi.es including destination resorts. ' All of the proposed projects are intended to acco=odate future growth in population and employment. What is meant, but not stated in this gene;aJ~llncept. , . of "future growth in population and employmenf' is that it includes antlJlQie MeCelVed activities as well. The Metro Plan anticipates up to 32% of residen1;ial OCT 0 6 ,2008 \' Planr;1er: BJ Staff Report and Findings Page 8 ATTACHMENT 5 - 8 . EXHIBIT D - P9 -9- designation will be occupied by these ancillary activities: "In the aggregate, .non- residential land uses consume approv;~ot~ly 32 percent of buildable residential land. These non-residential uses include churches, day care centers, parks, streets, schools, and neighborhood co=ercial." (page ill-A-4, Metro PIC1!l) Determination of pipe sizes and pump capacity includes the presence of these land uses and in any case, the Willatnalane Park: and Recreation Master Plan includes future park sites needed to keep pace with residential growth. ' Goal 9 - Econoinic Development To provide adequate opportunities throughout the state for a variety of economic activities vital to the health, welfare, andprosperity of Oregon's citizens. 'The Metro Plan 'cites the provision of adequate public facilities and services as necessary for economic development. Objective 10, atpageIII-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 prograIn and servicing of designated industrial lands 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 P FSP 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 ofland 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 iris found that: a A minimum level of key urban facilities aIld services can , be provided to the area in an orderly and efficient maimer;. b~ There will be a logical area and time within which 190 deliver urban services and f.kilities. Conversion ofurboni'7oJ..le land to urban shall also be consistent with the Metro, Plan." (page II-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 particuiar will facilitate co=ercial and industrial development by making available this mandatory urban service. ' Goa110 - Housing To provide for the housing needs of citizens of the state. Goal 10 pl~nn;ng Guideline 3 states that "[P]lans shouldprovidefor the appropriate type, location and phasing of pubic facilities and services sufficient to support housing dlNelopment in areas presently dlNeloped or undergoing dlNelopment or " redlNelopmenf: " . "" Date Received OCT 0 6.2008 . Planner: BJ Staff Report and Findings Page 9 . ATTACHMENT 5 -9. EXHIBIT 0- P10 , - 10- OAR 660--008--0010 requires that "[S]ufficient buildable land shall be designated on the comprehensive plan map to satisfy housmg needs by type and density range as detennined in the housing needs proj ection." Goal 1 0 defines buildable lands as ".. .lands in urban and urbanizable areas that are suitable, available and necessary for residential use." 660--008--0005(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 facilities are necessary 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 co=ercial and industrial (employment). use consistent with the cV~l'<..hensive plan. ,Goa111 - Public Facilities and Services To plan and develop a timely, orderly and efficient arrangement of public facilities and services to serve as a framework for urban arid rural i1evelopment. 'OAR, Chapter 660, Division 011, implements goal 11. OAR 660--0n-0030(1) requires that the public facility plan list the propose!i 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 projects on Map 2. These tables and map are adopted as part of the Metro Plan, but 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 projects identified in the facility plan. In conformity with this requirement, Table 16 includes rough cost estimates for all nine l'<vl'vsed projects. These costs are derived from the work performed during the preparation of the Wastewater Master Plan. OAR 660--011-0045 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 proposed 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 of ORS 197.610. Goal 12 - Transportation '. To provide arid eru:ourage a safe, convenient and economic ~Received system. , . . OCT {I ~ ZOOB IP!anner: BJ Staff Report and Findings Page 10 ATTACHMENT 5 - 10 EXHIBIT D - P11 - 11- 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 laTul and those uses which are not energy efficient. All of the projects are upgrades or expand the capacity of existing systems. Such a strategy maximizes the efficiency of the existiD.g system (sunk cost) and provides for infill and redevelopment opportunities that couldn't go forward without these improvements. The changes do not affect Metro.Plan or PFSP 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 land, 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, proj ected population and employment growth will need to be , . acco=odated 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 P FSP consistency with this goal. Goal 15 - Willamette River Greenway To protect, conserve, enhance and maintain the natural, scenic, historical, agriculttffal, economic and recreational qualities oflaTuls along th~ WilIamette River as the WilIamette River Greenway. There are two projects in proximity to the Willamette River: Nugget Way aild Harbor Drive pump stations. The presence of these facilities, andatii~Ae~.... d upgrades, will allow planned development of1hese areas to occur,lWilltlit ~elve exclUSIon of any other rules or standards that may be applicable to evf"'\ t''1"'Wtted . lJl.. I U b2008 . Staff Report and Findings Page 11 ATTACHMENT 5 - 11 Planner: BJ " . EXHIBIT D - P12 . -12-' 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 goals do not apply to the Eugene-Springfield Metropolitan Area (b) Adoption of the amendment must not make the Metro Plan internally inconsistent. The project lists and maps contained in the P FSP 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 amd.dments 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 propos,ed changes, as presented, will not create internal inconsistencies within the Metro Plan. In addition to the foregoing, the !-,~u!-,used amendments are consistent with the following Metro Plan policies: "Extend the minimum level and full range of key urban facilities ab.d 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.1) "Use the planned facilities ri:J.aps of the Public Facilities and Servic~s 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 i implementation." (page ill-G-4, policy G.2) "Modifications and additions,to or deletions from the project lists iri 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 III-G-4,policy G.3) Date Received OCT 06.2008 Staff Report and Findings Page 12 ATTACHMENT 5 - 12 ptanner:: BJ .' .. EXHIBIT D - P13 -13 - "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 A.4) , "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.1) "Coordinate higher density residential development with the provision of adequate infrastructure and services, open space, and other urban amenities." (page ill-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 III-A-13, policy A.35) Staff Report and Findings Page 13 ATTACHMENT 5 - 13 Date Received OCT 06.2008 Planner.: BJ