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Home My WebLink AboutMiscellaneous DLCD 10/15/2008 , Oregon 'J."'" ''''~ Theodore R. Kulongoski, Go....ernor. Department of Land Conservation and Development 635. Capitol Street, Suite 150 Salem, OR 97301-2540 (503) 373-0050 Fax (503) 378-5518 www.lcd.state.oLus October 15, 2008 ~ NOTICE OF ADOPTED AMENDMENT TO: Subscribers to Notice of Adopted Plan or Land Use Regulation Arriendments FROM~ Mara Ulloa, Plan Amendment Program Specialist SUBJECT: City of Springfield Plan Amendment DLCO File Number 001-08 The Department of Land ConserVation and Development (DLCD) received the attached notice of adoption. A copy of the adopted plan amendment is available for review at the DLCD office in Salem and the local government office. Appeal Procedures. DLCD ACKNOWLEDGMENT or DEADLINE TO APPEAL: October 29, 2008 This amendment was submitted to DLCD for review 45 days prior to adoption. Pursuant to ORS 197.830 (2)(b) only persons who participated in the local government proceedings leading to adoption of the amendment are eligible to appeal this decision to the Land Use Board of Appeals (LUBA). If you wish to appeal, you must file a notice of intent to appeal with the Land Use Board of Appeals (LUBA) no later than 21 days from the date the decision was mailed to you by the .Iocal government. If you have questions, check with the local government to determine the appeal deadline. Copies of the notice of intent to appeal must be served upon the local government and others who received written notice of the final decision from the local government. The notice of intent to appeal must be served and filed in the form and manner prescribed by LUBA, (OAR Chapter 661, Division 10). Please call LUBA at 503-373-1265, if you have questions about appeal procedures, . - "NOTE: THE APPEAL DEADLINE IS BASED UPON THE DATE THE DECISION WAS MAILED BY LOCAL GOVERNMENT. A DECISION MAY HAVE . BEEN MAILED TO YOU ON A DIFFERENT DATE THAN IT WAS MAILED TO DLCD. ASA RESULT YOUR APPEAL DEADLINE MAY BE EARLIER THAN THE ABOVE DATE SPECIFIED. Cc: Gloria Gardiner, DLCD Urban Planning Specialist Ed Moore, DLCD Regional Representative Greg Mott, City of Springfield Date Received OCT 15 2008 Planner: BJ. <paa> ya o o In person 0 electronic 0 mailed 52 DLCD Notice of Adoption TIllS FORM MUST BE MAILED TO OLCO WITHIN 5 WORKING DAYS AFTER THE FINAL DECISION PERORS 197.610, OAR CHAPTER 66O-0IVISION 18 DEPT OF OCT 0 9 2008 LAND CONSERVATION AND DEVELOPMENT For DI.CD lbe (lnly .1 , \ , I i i , , , , Jurisdiction: City of Springfield Local file number: LRP2008-00007 Date of Adoption: 10/6/2008 Date Mailed: 10/8/2008 Was a Notice of Proposed Amendment (Form 1) mailed to DLCD? YesDate: 3/412008 !2l Comprehensive Plan Text Amendment !2l Comprehensive Plan Map Amendment o Land Use Regulation Amendment 0 Zoning Map Amendment o New Land Use Regulation 0 Other: , , . ~. , Summarize the adopted amendment. Do not use technical terms. Do not write "See Attached". A signed 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. Does the Adoption differ from proposal? No, no explaination is necessary Plan Map Changed from: Zone Map Changed from: Location: Specify Density: Previous: Applicable statewide planning goals: 1 2 3 4 5 6 7 8 9 10 II 12 13 14 15 16 17 18 19 DDDDDDDDDD~DDDDDDDD Date Received ~~16 ~tNo PlaMe8~J to: Date Received to: New: OCT 1 !l Z008 Acres Involved: Planner: BJ Was an Exception Adopted? 0 YES !2l NO Did DLCD receive a Notice of Proposed Amendment... 45-days prior to first evidentiary hearing? If no, do the statewide planning goals apply? If no, did Emergency Circumstances require immediate adoption? DlL\') At 001- 03 ([61 La) DLeD file No. Please list all affected State or Federal Agencies, Local Govemments or Special Districts: Local Contact: Greg Mott Address: 225 Fifth Street City: Springfield Zip: 97477- Phone: (541) 726-3774 Extension: Fax Number; 541-726-3689 E-mail Address:gmott@ci.springfield.or.us ADOPTION SUBl\'l111 AL REQUIREMENTS This form must be mailed to DLCD within 5 workinl! davs after the fmal decision per ORS 197.610, OAR Cbapter 660 - Division 18. 1. Send this Form and TWO Comolete Conies (documents and maDS) of the Adooted Amendment to: ATTENTION: PLAN AMENDMENT SPECIALIST DEPARTMENT OF LAND CONSERVATION AND DEVELOPMENT 635 CAPITOL STREET NE, SUITE 150 SALEM, OREGON 97301-2540 2. Electronic Submittals: At least one hard copy must be sent by mail or in person, but you may also submit an electronic copy, by either email or FTP. You may connect to this address to FTP proposals and adoptions: wehsen'er.Icd.state.or.us. To obtain our Usemame and password for FIP, call Mara Ulloa at 503-373-0050 extension 238, or by emailingmara.ulloa@state.or.us. 3. Please Note: Adopted materials must be sent to DLCD not later than FIVE (5) working days following the date of the final decision on the amendment 4. Submittal of this Notice of Adoption must include the text of the amendment plus adopted findings and supplementary information. 5. The deadline to appeal will not be extended if you submit this noti!:e of adoption within five working days of the final decision. Appeals to LUBA may be filed within TWENTY-ONE (21) days of the date, the Notice of Adoption is sent to DLCD. . 6. In addition to sending the Notice of Adoption to DLCD, you must notify persons who participated in the local hearing and requested notice of the final decision. 7. Need More Copies? You can now access these forms online at http://www.lcd.state.or.us/. Please print on 8-l/2xlI l!reen Daner onlv. You may also call the DLCD Office at (503) 373-0050; or Fax your request to: (503) 378-5518; or Email yourrequesttomara.ulloa@state.or.us - ATTENTION: PLAN AMENDMENT SPECIALIST. Date Received OC11 5 Z008 p.'aAne~:B.J ~ ~~... . ORPINANCE NO. 6231 i 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 PUBUCFACILITiES AND SERVICES PLAN (PFSP) TO UPDATE THE PROJECT LISTS AND MAPPED LOCATION OF THESE FACILITIES; AND ADOPTING A SEVERABILITY CLAUSE. ) WHEREAS, Chapter ~ 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, whichJor Springfield are implemented by.the provisions of Chapter 5, Section 5.14-100 thiough 5.14-155 ofilie Springfield Development Code; and, . ..~ ' " WHEREAS, the Metro Plan identifies the Eugene-Springfield Metropolitan Area . Public Facilities and Services pran (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'manaliing public fa~ilities' outside Ihe 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 conclusioll'of a]oint public hearing with the Lane County Planning Commission on May 6, 2008, the Springfield Planning Commission recorrrinended the Eugene-Sprinkfield 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 statiC;JOs in Springfield, and that these same amendments be adopted into the Eugene~Springjield Metropolitan Area General Plan consistent with Policy GJ, Chapter Ill, Section G Public Facilities and Services Element ofthe Metro Plan; and' .' WHEREAS, the City Council conducted ajoint public hearing on this amendment on September 1/2008, with the Lane Courity 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 Date Received OCT I '5 2008 Planner: ljJ " /'~ .\ 1 i ! , . ;1' WHEREAS, substantial evidence exists within the record demonstrating that the proposal meets the requiremenis 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. .\ " \ il )\ II " .' I ., II q ,. i I I 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. . , I i f. " < I Section 2: The Public Facilities and Services Element (Section ill-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 ofthe remaining portions thereof Section 5: Notwithstanding the effective date of ordinances as provided by Section 2.11 Oof 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 adopled 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 6th day of October .2008 by a vote of 4 in favor and 0 against. (2 absent) ATTEST: . . . . Approved by the Mayor ~...fthe City Of\I";H~ld this 6th daytlfoctoblli008. . .'.' ~--0v~ Mayor / (J ~.~ City Record~ Date Received OCT 1 5 Z008 ORDIN~toooor.: ,BJ u,,''''T'r-, " ' "'.'''''JE'' f.\"~~r.:.t"~-;,;.U (:.: }~;i' i:"hlj' 1J AS TO FOhi'!; . ~o~\o\.J l~~ DATE: ., {~ I D"6 OFFICE SF Ci'{ A/TORNEY IV 'iJ - ~ :::J :J CD ..., o 0 ~ ~ OJ C- ? 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 ; i i w -------€Y- ! . o ~/ .J.J =0 ) :> ~/ CD a.. NOTES: on ...., = = ex> i I 1. FsCllts.shOMOuJsJdtlhe utie cennot De txeltdssshOwn wIhout (hi obt~iUng tAM> county land use 8P17OWI. " 2 'lMgttneralloQf/jOtfso(IJeftKifllestJf,mownonUismtp. E,aQ P'OjeCt 1oclltions er' CIfI1ernUmd ttrougft bCaJ processes ~ Planned Metro Wastewater SK.. . Regonat Pu "" Stalon ... Sc_ PumpStatlln . LotlllPumpSatJon . Reglanlt WI.lwallr T..a1menl Stl [:J Metro. P~n Boundary Metra Urban Growth Bouflt.ry _ U1ban Reserves _ Proposed Wa.stewater llnl!l' of 2"- U" II~t . Note: ltbMReSlt1Vn",enowbeb!gslud)ed .. port 0' ItIfJ Mfltopof/an Urban Re...... An81)Sls Perlodir:Re_Study. o 0.5' '2MIM ~- /'" '- N W.E m >< ;S I:) s .:::0:.. , > MAP 2 ~d', 2008 ; I I II " " ;! I Project . - Number I I 1104 I~ 1105 I +Q& 1106 \ 107 1108 1109 IllO I I~ 1202 I ;!@ 1203 .1 " , 'i \1 ,. I I I - EXHIBIT B - P1 Table 4 City of Springfiel~ Wastewater System Improvement Projects Project Name/Deseription Short-Term I Jasper Road sewer e:xtension I Gem.::- ~= R-ellll truBk sewer (completed) I 10'" & N Street Upgrade I GatEffi1l"'1,QWleVl' Read Dl:IIJQ3 stieR aeende (completed) I E Street (Centrai Trunk) up~e I Main Street Sewer upe;rade # 1 1 Nu~!(et Waypump station up~e I Havden Lo tfump station uplirade 1 River Glen Ptunp station upgrade Lon1{::Term BwH-';"L,aeG _,'it'\" ge'l.'er (completed) 1 Harbor Drive pumostation Il9th-S~et p1Hll1l statleR. (completed) Peace Health1pump station '. Date Received OCT I 5 2008 Planner: ~BJ . " / EXHIBIT C - P1 '. Table 16 . . city of Springfield. Wastewater r,,""__,Improvements, Estimated Costs, and Timing Project Project NameIDescnption'. Cost Estimated Completion I Number (SOOO) Year Short Term 1 Ii: !8Sf!er !taae SevvBf eIa8as~9B ~ 1999 2001 JIlSll<< Road sewer extension 11.600 2010-2012 1 I~ Game Farm Rsllli 1f'1mk sewer ~ 1999 ::1001 I 1105 10m & N Street Up~e 3,950 . 2010 1 I W(j g'!tewfF~~leVf R'U3~ 'f' '".. J3~8B l:l13~e ~ 11999 2001 I 1106 E Street (Central Trunk) upl1;fade 12]500 2010-2013 1107 Main street Sewer Ullwade # f 2.]100 2010-2013 ~108 Nu~Way DUmp statfon.up~e 11,400. 2010 109 !JavdenLO IlUl11P station up~e 1 1.5)50 2010-2013 1110. River Glen pump station riol1;fade 1~00 2010-2013 I ';j I, I LoIU! Term I~ ~RSt Gl~/e8a ~..~ sevIer +J.OO 2005 200(j 1202 Harbor Drive pump station 3,340 2015-2020 I ;!@ 19110 S~et ..~~ ~ ,WG 12005 ::IOO(j 1203 Peace Health oump station 3,190 2012-2017 6~T6~~U~MT A _ 1 Date Received OCT I 5 2008 . . Plan n.e.r:_BJ : EXHIBIT 0 - P1 - 1 - ,i siaffReport and Findings of Cprripliance with the Metro Plan and St8.tewide Goals and Anmini~tive :Rules File LRP 2000-0007 AmP.ll<lmentll to the Metro Plan and Public Facilities and Services Plan Applicant: City of Springfield, Public Warks Department Nature of the Application: The applicant >"~t'~ses to amend the Eugene...Springfield Metropolitan A1:ea General Plan (Metro Plan) and the Public Facilities and Services Plan (PFSP) to: (1) add or modify nine projects to Table 40f the P FSP 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 gencra1location of these new projects added to Table 4. . . j I I Background: Metro Plan-PFSP-Local Facilities Plan Context Oregon state land use law (Goal1I, 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 mAnAgement agr=ent desigr"mng the provider of each public facility ~ (OAR 660-011-0045) . In 2001 the goveming bodies of Eugene, Springfield and Lane County repealed the 1987 Public Facilities and ~ervices Plan and replaced it with the .!):Ull'ene-Snriru!field M~;'uuulitm Area Public Facilities and Senri,::~s PI'!.n.. December 2001 (subtitled: A Refinement Plan of the Ewrene-SnrUil!field Metronolitm Area General Plan. tOne of the results of this action is descnDed in the PFSP as follows: "Chapter II of this plan ==ends text amendments to the Metro Plan which are adopted as part of; and are incorporated into, the Metro Plan. The project 1ists and maps in Chapter II are also adopted as part of the Metro Plori but are physically located in this refinement plan. If there are any inconsistencies b_:",......... this plan and the Metro Plan, the Metro Plan prevails." (Page"l, Introduction, PFSP) . . This text confums that the PFSP is a refinement plan of the Metro Plan; ~~ ~ce\Ved P FSP and the Metro Plan "co-adopted" the project 1ists, maps and policiW9~by OCT 1 5 Z008 Planner: BJ Staff Report and Fi?,<lingl' Page 1 EXHIBIT 0 - P2 -2- 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, bec""se 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 M..;'uyvlitan Wastewater Management Commission, initiated amendments to the Metro Plan and PFsP project lists, maps and policies. These amendments were adopted by the goveming 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 oflicialsofEugene, Springfield and Lane County and again adopted as amendments to t1i.e Metro Plan and the P FSP in November and December, 2006. . '. On April 21, 2008 the Springfield City COuncil, on behalf of the Public Works .Department of the City of Springfield, initllited amendments to the Metro Plan and PFSP . to inCu..,u.";': specific recommendations found in the City of Springfield's draft Wastewater Master Plan - Februarv 2008. (Attachment #2) This plan....... _,l~ the addition or modification of 9 projects and the =oval of 4 projects that have been completed or are no loriger necp.s,>"ry. 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. Notwithstancl1ng the single jurisdiction service pmpose of these . new projects, the Metro Plan (page V -4, Public facility projects: (b) Wastewater) requires all pump stations, and all wast_..,,.;....' lines 24 inches or larger, to be idci.tified in . the project lists and maps. Because the Metro Plan ''prevails" if there are any inconsistencies b..~.,......the Metro Plan and the PFSP, the PFSP project 1ists and maps also must show all pump stations and wastewater lines 24 inches or larger. Wast......;... MaSter Plan - 2008 The City's Wastewater Master Plan (WWMP) is a w:~J' ,,,:de 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 ..........mendations for system L...-.u iements (capacity and efficiency). The WWMP Was initiated by Council to update the 1980 S""';;"'i Sewer Master Plan, and to assist in the implementation of the Metropolitan Wet Weather Flow Management plan, adopted by the M..;'uyvlitan Wastewater Management Comm;~sion. The City's WWMP is not a substitute for the wastewater .J .;.....s planning that ............ in Chapter ill of the Metro Plan or throughout the PFSP; Oregon Administrative Rule 660- 011-00 1 0 identifies the constituent components of public facility plans including bow these state requirements relate to other public facilities pl~T1T1;ng that may be prepared by cities and authorized service providers: "(3) It is not the purpose of this division to cause duplication of or to supplant existing applicable facility plans and programs. Where all or part of an acknowl~ate Received OCT 1 5 2008 Staff Report and Flnrl;ng." Page 2 AT.,...I"\'".,.......,.. -", . 'j. ~ PJann:e.r-=-BJ- " EXHIBIT 0 P3 -3- !i r.........}'...hCDSive pian, facility master plan either of the local jurisdiction or '"t',t"u}'.:ate special district, capital improvement program, regional functional plan, similat plan or any combination of such plans meets all or some of the requirementS of this division, those plans, or programs may be inc....IM..ted by lcfClla.lce 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 ORSChapter 197." . Taken in its entirety, this rule provision is intended to allow cities to adopt existing publi~ facilities documents, rather than piepare 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 plRnning documents that can be used to meet this role-and in so doing, obligates such elements to the requirements ofORS 197 (goals comrHon~~; 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, stonnwaler,and electrical projects hi the metropolitan area Use local facility master plans, refinement plans, and or,Hnon~es as the guide for detailed planning and project implementation. " [Emphasis added] The WWMP .,.w....mends a variety of projects and programs to.acbieve 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) plRnning year." The following project recommendations need to be included in the lists and maps in the Metro Plan and P FSP: . For inclllSion in Table 4: Project #104 - Jasper Road sewer extension System extension in the general vicinity of Jasper Ro;m to collect flow from future development I the Jasper-Natron area Project #105 -10th andN Street Upgrade Construct parn1l.e124 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 Date Received OCT I 5 2008 P'RnnAr~ Bi.1 Project #107 -Main Street sewer upgrade #1 StaffR.eport and Finning." Page 3 EXH I B IT 0 - P4 -4- Construct 24 inch pipe to :"'-....se capacity of existing system toa....v~odate wet weather flows Project #108:"" Nugget Wffi'j pump station upgrade Increase pump station capacity to acc.nmmndate wet wca1her flows with the largest pump oUt of service Project #109 - Hayden Lo pump station upgrade Increase pump station capacity 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 accommodate wet wca1her flows with the lc..6....;~ pump out of service Project #202 - Harbor Drive pump station . New pump station to collect flow from future development in the viciIiity of the South 2= Street area . Project #203 - PeaceHealth pump station New pump station to collect flow from future development in the vicinity of Deadm.ond Fc:ny Road and Baldy View Drive For deletion from Table 4: Project #105 - Game Farm Road 1runksewer Project #106 - Gal...."..J.'Harlow Road pump station upgrade Project #202 - East Glenwood gravity sewer Project #203 _19111 Street puinp station NOTE: Table 16 contains the same piojects found in Table 4 .......w.:d for inclusion or deletion; in addition Table 16 provides cost estimates and completion year esfim.t"", for each project. Please refer to Attacbmen~ #4, #5, -md #6_ Metropolitan Ana General Pian Amendmen! Criteria The proposed amendmen1s are considered to be Type II Metro Plan amendments }.-~'.':l they are site specific ameDrln>P.n1s to Plan project lists md maps: Type II Metro Plan p~~,l'Ilen1s inside the city limits shall be ..........'Cd by the Home City; Type II Metro Plan amendmen1s between the city limits md the Plan Boundary shall be"t'.....w <Cd by the Home City and Lane County. At least three of the ............ stations are outside the city - limits th.......:w... Lane County must co-adopt these amendments. Date Rece\ved oei 15 2.008 Planner: BJ Staff Report and Fintlinv Page 4 .,..,...ru"'~.I"'''' . " EXHIBIT 0 - P5 1_5 _ Springfield aIid Lane County adopted identical Metro Plan amendment criteria into their ....t''''';.:ve implemen;ting orrt;n.n,,"'l 8nd 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 phlnn;ng goals and that the amendment not make the Metro Plan intcma11y inconsistent.. These criteria are addressed as follows: (a) The amendment must be consirtent with the rekvant statewide planning goals adopted by the Land Conservation and Development Commission; Goal! - Citizen Involvement To dfNelop a citizen involvement program that insures the oppominity 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 IT Metro Plan amendment must be noticecl..Citizen involvement for a Type IT Metro Plan amendment not related to an urban growth boundary amendment requires: Notice to interested parties; notice to !,.u!,,",,ies and J:'.ut''''~1 owners'within 300 feet of the !',.u!,usal; published notice in a newspaper of general circulation; and notice to the Department of Land CoIlsel;Vation and Development (DLCD) at least 45 days before the initial evidentiary hearing (planning commi'sion). Notice of the joint planning commission hearing was mailed on April 18, 2008; notice was published in the Register-Guard on April 24, 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 refemU 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 Commi~'lioD, City Council) and mailed notice to neighborhood associations, local engineering firms, dev.elopers and other stakeholders were .........v led by the CCl Requirements under Goal I are met by adherence to the citizen involvement processes required by the Metro Plan and implemente4 by the Springfield Development Code, Chapter 5 and Lane Code Sections 12.025 and 12240. Goal 2 - Land Use PllInning To establish a land use planningprocess and policy framEWork as a basis for ail decisions and actions related to use of land and to assure an adequate factual base for such decisions and actions. Date Received - StaffR.eport andF"mdings Page 5 OCT 1 5 Z008 --PI~nnp.r: BJ .', EXHIBIT D - P6 -6- All land-we plans and implementation ordinances shall be adopted by the , gaveming 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 pruvidedfor review and comment by citizens and affected guvemmental units during preparation, review and revision of plans and implemeTztation ordinances. . Implementation Measures - tire the means wed to carry 0111 the plan. Theseare of two general types: (1) 11IQ1IQgement implementation measures such as ordinances. regulations or project plans, and (2) site or area spedfic implementation measures such as permits and grfmtS for construction, constrUction of public facilities or provision of services. The cum:nt 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 worksht;lps and joint hearings of the Springfield, Eugene and Lane County pI~nn;ng Commk.;ons and Elected Officials. Subsequent to these Metro Plan adoption procee/Hng<i, Eugene, Springfield and Lane County considered amendments to Chapter ill-a Public Faci1ities 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 II; amended Chapter IV wastewater system condition asvs=ent; and added a new Chapter VI Amendments. These amendments wercaJso reviewed at public meetings, public ""l..,hops and joint hearings of the SPringfield, Eugene and Lane County PlAnning Commissions and Elected Officials. These amendments were appealed to LUB.A and subsequently some (project list) were !'P."':mded to the elected officials for additional clarification and description of projects associated. with the wasteWa1er ;.......;...ent facility expansion. The elected officials adopted these rem_riM amendments in 2006. The Metro Plan is the "iand use" or Cv~.t'...hensive plan ._....:.....: by this goal; the Springfield Development Code and the Lane Code are the "implemen1ation measures" req11i:red by this goal Cu~.t'."';"ensive pImis. as defined by ORB 197.015(5), must be coori!inmM with affected govemmental units. Coordination means that comments from a::-.........J governmental units are solicitecl and considered. Goal 3 - Agricultural Lands To preserve and maintain agricultural" lands. Date Received OCT I 5 2008 ~Iaf}her: BJ StaffR.eport and f;nrlmgl' Page 6 A TTA f\UlIl:llT ~ _ II: i EXHIBIT 0 - P7 -7- 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 ....v.l'used projects are intended to provide wastewater service outside the UGB; the projects were recommended in the Wastewater MasterPlan to "meet the city of Springfield's projected population and employment growth thrOugh the (2025) planning year." Goal 4 - Forest Lands To conserve forest lands by maintaining the forest lami base ami to protect the state's forest economy by making possible economically efficient forest practices tliat assure the continuous grawing and harvesting of forest tree species as the leading use onforest lami consistent with sound management of soil, air, water, . ami fish ami wildlife resources ami to provide for recreatio7UJl opportunities ami 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) pl~nning year." GoalS - Open Spaces, Scenic and Historic Areas, and Natural Resources To protect natural resources and conserve scenic and historic areas ami open spaces. The City has fini.hf'.<j 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 me3sures even if the new urban service becomes available to any of these sites; these Goal 5 sites were identified and.l" u;....~ because they qualified under city or state laWs, not because of a ll!ck of available services. The changes do not affect acknowledged Goal 5 in\ .....:...:es so this . proposal does not create an inconsistency with the goal. Goal 6 - Air, Water and Land Resources Qnality To .maintain ami improve the quality of the air, water ami land resources of the state. . This goal is primarily concerned with compliance with federal and state en... ;'vu.o..uenta1 quality Statutes, and how this compliance is achieved as development proceeds in relationship to air sheds, river basins and 1M'! ~o~ . d . .. ~~~~~ OCT 1 5 2008 . Staff Report and F"uiingJ' Page 7 Pianner: BJ EXHIBIT D - P8 -8- The Federal Water Pollution Control Act, PL. 92-500, as amended in 1977, . became known as the Clean Water Act (33 U.S.C..125l et seq.). The goal of this Act was to elim;nmp. the discharge of pollutants into the navigable Waters. ORS 468B.035 requiies the OregonEm;"'u~ental Quality Commission (EQC) to implement the Federal Warer. Pollution Control Act TheprlIDmy method of impl"",,,,,nmon of this Act is through the issuance of a National Pollutant Discharge 'F.Hmin"tion System'(NPDES) p=it prior to the disCharge of any wastes into the waters of the state. (ORS 468B.050) Among the "pollutants" regulated by the EQC are ~";'.JIe (OAR 340-041-0028) and toxIc substances (OAR 340-041-0033). . Previously, the Plan was am~ to ensure that the Metro Plan and the P FSP lICCIlI1ltely reflect regional wastewater system needs as imposed by Federal and Stateregu1ation. C_.....Jy, thePFSP states that "... the Regional Wastewater :.....;...ent Plant has sufficient design capacity to,ac....._odate population increases ap.d serve'all new development at buildout." This amendment.takes the next step in bringing the plan cmrent by inw.yu...;ing those local facilities in Springfield which are required to adequately and efficiently convey sewage to the Regional Wastewater Treatment Plan for;''''';'''ent. The y.uyuo<<! amendment is baSed on the most cum:nt draft of a Sanituy Sewer Master Plan now under ~ul""'''';:on for the City. That Plan is antiu~~ to hi: 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 thecmrent dtafts of the proposed map and table ~m,,"rlments will be further modified to euuI".... to the provisions of the adopted Master Plan Goal 7 - Areas Subject to Natural Disasten 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 .,. The proposed projects are Il9t located ..:;:.:.. hazard areas nor does their !""w.>.....ce hlIve any affect ~ existing policies or procedures adopted by the City of Springfield and applicable in hazard areas. This Goal is unaffected by the pIescncc or absence of mban services to natural hazard areas. Goal 8 - Recreational Needs To satisfy the recreational needs of the citizens of the state and visitors aiu1, ( where appropriate, to pravidl! for the Siting of necessary recreational faciliti,es including desti1lation resarts. All of the "..""used projects are intended.to accommodatefirturti growth in population and employment. What is meant, but not stated in this 'general,concept of "future &.U .. JJ. in population and employment" is that it includes ancillary activities as well The Metro Plan antiu:y";'" up to 32% OfresiO;; Received 0[115 ZOQ8 . . Staff Report and F;nn;Tlg)' Page 8 . . ATT"^'".'''.I''' ~ n . p'ann-er:~B-d \ .'. EXHIBIT 0 - P9 -9- designation will be occupied by these ancillary activities: "In the llgo..~~ .non- residential land uses consume "t'.PLu.....:,' ,Htp.ly 32 percent of buildable residential land. These non-residential uses include churches, day care centers, parks, .~"".... schools, and neighborhood commercial." (page ill-A-4, Metro Plan) Detennin.mon of pipe sizes and pump capacity includes the presence of these land uses and in any case, the WillRTTlHJ.me Parl:: and Recreation Master Plan includes future park sites needed tei keep pace with residential growth. . .. Goal 9 - Economic Develop~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 BImexation program 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 locationaI choice and to attract new campus industrial finns 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 ilP.mlmil 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 BImexed into the city limits: "Land within the UGB may be converted from urbanizable to urban only through BImexation 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 maimer; b. There will be a logical area and time within which 190 deliver urban services and facilities. Conversion ofurbanizable 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 n~ 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. . GoallO-Housing . To pruvide for the housing needs of citizens of the state. Goal I 0 PllmTiing Guideline 3 states that "[P]lans should provide for the appropriate type, location and phasing of pubic facilities and services sufficient to support housing developmplt in areas presently developed or Il1I/lergoing development or redevelopment. " Staff Report and Finili"v Page 9 Date Received OCT I '5~2008 Pfannef#BJ EXHIBIT D - P10 - 10- OAR 660--008--0010 4"'i"':""'" that "[S]ufficient buildable land shall be designated on the cv........hensive plan map to satisfy housing needs by type and density range as detP.T1T1inM in the housing needs projection." Goal 10 defines buildable lands as ".. . landS in urban and urbani7J1ble areas that are suitable, available and necessary for residP.nti~1 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 n"C~~~'ry to accomplish the objectives of this goal and applicable ~dmini!rtrative rules (OAR Chapter 660, Division 008). The purpose of the p4upused 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. .Goalll- Public Facilities and Services To plan and develop a timely, orderly and efficierit arrangement of public facilities and services to serve as aframeworkfor urban and rural development. . OAR Chapter 660, Division 011, implements goal I!. OAR 660-011-0030(1) requires that the public facility plan list the proposed projects and identify the general location of the projCct on a map. The P4UPU...u will add nine projects to Tables 4 and 16; delete four projects from these same tables in recognition of their completion or supplmrted need; and show the location of all p4UpU~ projects on Map 2. These l!ibles and map are adopted as part of the Metro Plan, but are located in, and are a part of the P F.S'P. . .. OAR 660-011-0035(1) requires that the public facility plan include Ii rough cost estimate for sewer public facility projects identified in the fucility plan. In confonnity with this requirement, Table 16 includes rough cost est1mRtl><: for all nine proposed projects. These casts aI'e derived from the wotk performed during the preparation of the Wastewater Master Plan. OAR 660-011-0045 requires certain elements of the public fucility 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 a.,............ents desigrurting the provider of each public fucility system. No policy amendments are proposed in this action. The notice ofpropos~ Hm""dmeD.t sent to DLCD, the notice of the hearing on these amendm.c:nts, and the applicable criteria are consistent with the provisions for a land use decision and the post-acknowledgment procedures ofORS .197.610. . / Goal U - Transportation ::r:de and encuurage a safe, convenient and economic trtrate:Received OCT 1 5 2008 Staff Report and Finding;" Page 10 ATTAI'\UIIII:'UT e 1n : l Planner:' BJ EXHIBIT 0 - P11 '. -11,. The traJ!.,!'v. ~on system pian is not dependent upon, or inf1=ced by the wastewater system plan. Land development cannot occur in the absence of infrastructare and that includes wastewater and 1:ran,,!'vu....;on; but neither the goals nor the OARs requiI1: a corollary analysis of each of these services when the city is !"u!,using one or both of these plans for post-acknowledgement amendment. All of the proposed Bm""rlments are needed to upgrade (expand the capacity of) existing facili1ies. In each case, the plRT1T1OO tran..!'v.......:on 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 marimlD7l exten/ possible, seek to recycle and re-Use vacant land and those uses which are not energy efficien/. . All of the projects are upgrades or expand the capacity of existing systems. Such a strategy maximizes the efficiency of the existfug .J.;..... (sunk cost) and provides for infilI and redevelopment opportunities that couldn't go forward without these l....!,.u /ements. The changes do not affect Metro Plan or PFSP consistency with this goal. . . . Goal 14 - Urbanization To pravide for an orderly and efficien/ transition from rural to urban land use. to accommodate urban population and urban employment inside urban growth boU1ldaries, to ensure efficien/ use of land, and to pravidefor livable communities. The amendments do not affect the existiD.g UGB; they will allow capacity expansion of existing facilities to enable projected planned pl?pulation and employment growth through the (2025) plAnning year. Iftb.ese upgrades do not occur, projected population and employment growth will ~ to be accommodated beyond the existing UGB. The !'w!'used amendments will .!,u:.._::any di:laywhen UGB adjustments must be takeD. 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 - WiIlamette River G. _....... MJ To protect, conserve, enhance and main/am the .naturiJl. scenic, historical, agriculniral, economic and recreational qualities oflandr along the Willamette River as the W"lilamette River Greenway. There are two projects in proximity to the Willamette River: Nugget Way aild Harbor Drive pump stations. The !'.'->-...ce 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 ~ standards that may be applicable to Datenfteteived OCTl52008 ',', .'it Staff Report and finrlinv Page 11 Planner: BJ EXHIBIT 0 - P12 -12 - development For example, development within the O.........."y BoundaIy is pc:mrltted but is subject to SDC 3.3-300 regardless of the t"..........ce or absence of iDfiastructure. The changes do not affect Metro Plan or PFSP consistcIicy with this goal. Goal 16 Estuarine Resources, Goal 17 Coastal Shorelands, Goal 18 Beaches and Dunes, and Goal 19 Ocean Resources These go$ do not apply to the Eugene-Springfield M..;'v,t^'!itan Area. (b)' Adoption oftlJe amendment must 1I0t make tlJ~ Metro Plan internally inconsistenL 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 fOIIll 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 amendmP.T1t" are applied to the same project lists (Tables 4 and 16) and maps (Mlip 2) in the PFSP that are specifically adopted as part of the Metro Plan. This action constitutes the quintesSPntial test of consistency. The proposed changes;as Jl1""'P.T1t"o, will not qeate internal inconsistencies within the Metro Plan. In addition to the foregoing, the proposed amendments are consistent with the following Metro Plan policies: "Extend the minimum level and full range of key mban facilities and services in an orderly and efficient IIIllIlD.er consistent with the growth management policies in Chapter IT - C, relevant policies in this chapter, and other Metro Plan policies." (Page m-G-4, policy G.l) . "Use the planned facilities maps of the Public Facilities and Services Plan to guide the generallocaD.on of water, wastewater, stonnwater, and electrical projects in the metropolitan area. Use local facility master plans, refinement plans, and ordinances as the guide for detailed plann;ng and project implementation." (page m-G-4, policy G2) "Modifications and additions to or deletions from the project lists in the Public Facilities and Services Plan for water, wastewater, and stoImwater 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 m.:a-4, policy G.3) Date Received OCT 1 5 2008 StaffR.eport and p;nd;Tl~ Page 12 ATTA"'UlJe~IT I: _ 1" . PI ., 8'':1'' _.anneL_ 'J ,_ .~ .0 _. EXHIBIT D - P13 -13 - "Use annexation, provision of adequate public facilities and services, rezoning, redevelopment and infiIl to. meet the 20_year projected housing demann " (Page ill-A-5, policy A.4)' . "Endeavor to provide key urban services and facilities required to maintain a :li.ve- year supply ofserviced, buildable residential land." (page ill-A-6, policy A. 7) "COOrdinate higher density residennal development with the provision of adequate infrastrucfure 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 ill-A-13, policy A.35) '- , .) Staff Report and FinniT\g." Page 13 . Date Received OCT I 5 2008 Planner;'1~SJ -==--- --- , ' ...- fO ,'-'- - .' . ~ '"' '"' '"' M ~ W; ~ ~\ .Jj "0 ~ ~ .' 0 '" g ~ . E 0 <..l ~ "C .' .j!! e) . " Ii , 1 1 ~ 100 FedEx. 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