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Home My WebLink AboutNotice DLCD 10/6/2008 '" o In person 0 electronic 0 mailed i2 DLCD Notice of Adoption THIS FORM MUST BE MAILED TO DLCD ~ " nil' 5 WORKING DAYS AFTER THE FINAL DECISION . PER ORS 197.610, OAR CHAPTER 660 - DIVISION 18 For DLeD Use Only Jurisdiction: City of Springfield Local file number: LRP2008-00007 Date of ~doption: 10/6/2008 Date Mailed: 10/8/2008 Was a Notice of Proposed Amendment (Form 1) mailed to DLCD? YesDate: 3/4/2008 [8J Comprehensive Plan Text Amendment. [8J Comprehensive Plan Map Amendment o Land Use Regulation Amendment 0 Zoning Map Amendment o New Land Use Regulation 0 Other: Summarize the adopted amendment. 06 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: to: to: Acres Involved: 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? Specify Density: Previous: Applicable statewide planning goals: 1 2 3 4 5 6 7 8 9 10 II 12 13 14 15 16 fu~ f;ieceived D D D D D D D D D D ~ D D D D D ITlJt.W Was an Exception Adopted? 0 YES [8J NO .. T2008 Planner: BJ [8J Yes 0 No DYes D No DYes 0 No New: -" to " ~ ORDINANCE NO, 6231 AN ORDINANCE AMENDING THE EUGENE-SPRINGFIELD METROPOLITAN AREA GEN,ERAL PLAN (METRO PLAN) c;ONSIS,TENT WITH POLICY G.3 IN CHAPTER III, SECTION G. PUBLIC FACILITIES AND SERVICES ELEMENT; AME~DING 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. .I' ! .' i" , ., WHEREAS, Chapter IV of the Eugene-Springfield,Metropolitan Area General .. . H . - Plan (Metro Plan) sets forth procedures for amendment of the Metro Plan, and by extension, amendment of refinement and functional plans that supplerrient the Metro Plan, which for Springfield areimpJemented 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 ,;. f .' Public Facilities and Services Plall (Public Facilities and Services Plan) as a refinement plan which forms the basis for the:Public Facilities and Services Element of the Metro Plan arid 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,ofpublicfacilities and services within the urban gro,wth l?,oundary (UGB), services t}l areas outside the UGB, locating and managing public facilities outside the UGB, and financing public facilities; and WHEREAS, the current Eugene-Springfield Metropolitan ilrea 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 iSpringfield; and WHEREAS, at the conclu~ion of a joint public hearing with the Lane County Plam1ing Comf)1issiori on May 6, 2008, t~e Springfield Planning Commission recommended the Eugene-Springfield Metropolitan Area Public Facilities and Services Plan,.Table 4, Table 16 and Map 2, be amended to reflect necessary upgrades to certain wastewater lines and pump.stationk in Springfield"and that these same amendments be adopted into the Eugene-Springfield Metropolitan Area General Plan consistent with Policy G.3, Chapter III, Section G;Public Facilities and Services Element of the Metro Plan; and ' WHEREAS, the City Coupcil conducted ajoint public hearing on this : .. <;uneildment on September 1720p8, with the Lane County Board ofCo~nftet"t:)' d 'and is now ready"to take action based upon the above recommendationsa';;d~~~ence aWd"IVe testimonyalteady in the record as fell as the evidence and testimony presente@@fti)f6 2008 joint elected officials public hearing; and . Planner: BJ '" ~ WHEREAS, substantial evidence exists within the record demonstrating that the proposal meets the requirements of the Metro Pla,n, Springfield Development Code, and applicable state and local law as described in findings attached as Exhibit C, and which are adopte'd in support of this Ordinance,: " . l , NOW, THEREFORE, the Common Council of the City of Springfield does ordain as follows: : Section]: 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 Section 2: The Public Facilities and SerJices Element (Section III-G) of the . I Eugene-Springfield Metropolitan Area General Plan (Metro Plan) is modified and amended. consistent with Policy G.3 and as set fotth in Exhibit A, Exhibit B, and Exhibit. C attached and incorporated herein, which amendments are hereby adopted, . Section 3: The findings set forth in ~ttacJed Exhibit D are adopted as findings in support of this Ordinance, .Section 4: If any s.ection, subsection, sentence, clause, phrase or portion of this Ordinance is for~nYTeason held invalid or uncoJs.titutional by a court of competent jurisdiction, such portion 'shall be deemed a separkte, distinct and independent provision and such holding shall not affect the validity of tIie remaining portions thereof. Section 5: Notwithstanding the effective ~ate of ordinances as provided by I Section 2,110 of the Springfield Municipal Code 11997, this Ordinance shall become . , effective 30 days from the date of its passage by the City Council and approval by the Mayor, orupon the date Ofits acknowledgement ks provided by ORS 197.625, whichever , date is later, provided that by that date the Lane Gouilty Board of Commissioners has adopted an ordinance containing identical provisilms to those described in Sections I and 2 of this Ordinance, i I , I Adopted by the Common Council of the d:ity of Springfield this. 6th day of October .2008 by a vote of 4 in favor and lo against. (2 absent) ,I Appro~'" by ili, ""'y" ofili, City of \;':C' wid <hi"," illY",'doh,<<"" '---" \ 1. I Mayor ,,;.~A TTEST: ..>; .:", . ,j' ~~~~; ". " , '. ; '":", E;in(!~t:tfJ(r;' ,-j r'-r:tr:-'r'i)r~ti'['1,'\ ht.:.\::J;";,e,, Lt,J,W I'L! [J '~ViV[,~ if.s TO FOF;f;.~ .",'0. 0 >~~_) L ~ ~ OAT!:: "1l!. l c"i:. OFFiCE OF CiTy ,~TTORNEY . 0 CT 0 6 2008 Planner: BJ ORDINANCE NO. 6231 ,!: Eugene-Springfield Public Facilities and Services Plan Planned MWMG Wastew'ater Project Sites Further details of specific projects' at eaCh of the identified sites are described in tables 3, 4, 4a and 4b Planned Metro Wastewater S~e. . Regional Pu~ S;t<iion' ... Screw Pump Station' . Local Pump S.ation Ci) . Regional Waste-wafer Treatment Sk! I:] Metro Plan Boundary ~~ Metro Urban Growth Boundary m Urban Reserves J:!5:I Ptoposed,Wssteweler Llne~ of 24~ Of Isfger Note: Lrban Rese",8S arB nOWblt.&1g studied as part ot the Metopo.'tan Urb3fl RrtSltM Ar1aJ~is Periodic ReView Study. () {).5 21.tk!!. ,-----"'_ I > -l -l > ~ --@)- Z -l N , - I / /. /[ r~o r' - Dl . ro .- :::J -,-{...... :::J =,.JJ N-'ft... <7> CD .......1>>. " (') t, ~li'~S ~ ou$ the VGS .cannot be located as shO\'JlI without f.V'sRRlte.li11~ne County land u.stJ epprovaJ. 2. QJenernIIOC8b'o:!Df t1ereciliUes are shown onlfjsm~. ~ pt'oject tllC"af~e defermired through ~eJ prot;eSS8S N. ,~ W.E s m >< ~ ,.-, , I s I 0' .::;c, , ~ MAP 2 April, 2008 I Project Number I I 1104 I~ I 105 I-l-% 1106 1107. 1.108 109 1110, I I I ;w;! 1202 I ;W; 1203 .. ,.. "' ".. EXHIBIT B - P1 Table 4: City of Springfield Wastewater System Improvement Projects Project NamelDescription I Short-Term Jasper Road sewer extension ! Game FlIffB Reaa tnmk sewer (completed) lOin & NStreet Upwade I Gate'.\la)',1I~L:," Read e=p~" up.,.ad&- (completed) E Street (Centrai Trunk) uograde Main Street Sewer upwade # I ! Nugget Way pump station up~de Hayden La pump station upwade River Glen pump station uograde I Lon1{-Term t &st-':L~.,,,~': gm>.'ity se'l:er (completed) Harbor Drive' DumP station I. . -l9.i.-Street lllHBB statiea (comoleted)' Peace Health pump station ! I I, I ) , ATTAf'UUr:'t..,T" 1 0,' ,,, . ("'. ,,"', .,}'.",'nr] . ; .~;~ .(j '1"'}i.,~'''",:r,,1'':;'-1'~~ , '1llllIlli.*' <Il {.'~:::;'4t: .- - - ~ . OCTO 6lQ~~ PI .er' BJ ann.,. .- EXHIBIT C - P1 Table 16 City of Springfield Wastewater System Improvements, Estimated Costs, andT,iming I Project 'Project NameJDescription Number . I 1lG4 1104 I~ 1105 I.j.% 1106 1107 1108 1109 1110 1 I I~' 1202 I~ 1203 . '. -. Short Term I Ja5jler Reaa sewer elacnsieB I jasper Road sewer extension - G=: fBml R.eaa tr;--': :_ 10Ul & N Street Upgrade Q~e~7:a-~dI!arlo~,~:' !teas po-'Urrl"p "';;.:a.~:on u..,;,c;rade E Street (Central Trunk) upwade Main Street Sewer UPgrade # I Nugget Way pump station upgrade . Hayden La pump station upgrade I River Glen pump station upgrade ., Lon~,Term . 'East-Gl~"..~..",,,,': gr-avity ~ewcr I Harbor Drive pump station I +9.l,.Stf"", p=p 3ta!ioo . Peace Health pump station ~, . - ." j " ' '..\ . t.TTt."'I-lUI'"~IT II _ 1 Cost (SOOO) ~ 11,600 +..wG 3,950 +..wG 12,500 12,100 . I 1,400 11,050 11,200 I I I +,+00 13,340 I~ 13,190 ';-- I Estimated Completion I Year I I I I I I 1 1 I I I I I I I 1999 211114 I 2010-2012 I 1999 211114 12010 1 1999 211114 I 2010-2013 I 2010-2013 2010 2010-2013 2010-2013 I I I 29llj 211116 I 2015-2020 I 29llj 2996 i 2012-2017 .,( . ,Date Re~c.eiYoce.d: \._~,.:..:....".-",......-,.~.. : ~, OCT 06 2008 - ~. . Planoer:~;B~J ' --.- - .~~_.'-- .'- \ EXHIBIT D - P1 - 1 - Staff Report and Findings of Compliance \.nth the Metro Plan and Statewide Goals and Administrative Rules . File LRP 2000-0007 Amendments to. the Metro PIan and Public Facilities and Services Plan . Applicant: City of Springfield, Public-W orks Department , ' , Nature of the Application: I , The applicant prop,oses to. amend the Eugene-.8pi;ingfield Metropolitari Area General Plan (Metro Plan) and the Public Facilities and Services Plan (PFSP) to.: (I) add or medify nine projects to Table 4 efthe PFSP incltding five pumpstatiens and feur . wastewater lines 24 inches in diameter or larger; (2) delete four projects frem Table 4' and five projects frem Table 16 of the PFSP which Mve been constructed or deemed I unnecessary; and, (3) update Map 2 in the l'FSP to. indicate the general location of these new projects added to. Table 4~ . Background: Metro Plan-PFSP-Local Facilities Plan Context Oregon state land use law (Goal 11, OAR 660-011) requires all cities with a pepulation 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 decuments to a Cv~.t'."hensive plan. Certain elements of the ptiblic facility plan also shall be adopted as part efthe comprehensive plan; these elementS include a list efpublic facility project titles, (excluding the descriptiens er specification!s of those projects if so. desired by the jurisdiction); a map or written description of the public facility prejects' lecations er service areas; and the policies er urban gro.wth mimagement agreement designating the provider of each public facility system.. (OAR 660-011-0045) I i In 2001 the governing bodies of Eugene, Springfield and Lane County repealed the 1987 Public Facilities and Services Plan and replaced it with the EUl!ene-Surimmeld Metrouelitan Area Public Facilities and Services Phm. December 2001 (subtitled: A Refinement Plan of the Ewene-SnriIi.l1field Metrooelitan Area General Plan. tOne of the results of this action is described in the PFSP~ follows: "Chapter II of this plan recommends text amendments to. the Metro,Plan which are adopted as part of, and are in~orpv.";"'C: into, the Metro Plan. The project $ and maps in Chapter II are alSo. ad9ptedas part of the Metro Plan but are physically located in this refinement plan. If th;re are any(iJ:[~ns~~cies between this plan arid the Metro Plan, the Metro Plan 'pWa,ils." (page'1,~:Int:iliduction, PFSP) ! ,This text confirmS'thittb.~ PFSP is a refinement ~lan of the Metrof!)~eaRetl!M\f.Ad . ".ffSP an!} the ,Metro Plan "co-adopted" the project lists, maps and po'l1'c~es as requMlcl By <".' i OCT 06 2008 I " , I \ '>:..;.,1. . . I - Staff Report and FindiI}gs Pagel Planner: BLI AT"'''''IIIU'''''''' ~ I 01 EXHIBIT 0 - P2 ~ " -2- OAR 660cO 11-0045; that the project lists and maps'do not physically app'ear in the published Metro Plan.but instead are to be found in.the PFSP; and that amendment of the ~ojectlist, maps or policies, because they are co-adopted into both the Metro Plan and PFSP, require identical amendment to both those documents if changes arernade. In February 2004 the City of Springfield, on behalf of the Metropolitan Wastewater Management CC'TnTni.sion, initiated amendments to the Metro Plan and PFSPproject lists, maps and policies. These amendments were adopted by the governing bodies in July 2004, but were appealed to the state Land:Use Board of Appeals (LUBA). LUBA remanded SOme of these amendments (project lists) which were subsequently changed accordingly by the elected officials of Eugene, Springfield and Lane County and again adopted as amendments to the Metro Plan and the PFSP in November and December, 2006. , , On April 2 I, 2008 VIe Springfield City Council, on behalf of the Public Works Department,ofthe CityofSpringfield, initiated amendments to the Metro Plan andPFSP , to incorporate specific recommendations found in the City of Springfield's draft Wastewater Master Plan - Februarv 2008. (Attachment #2) Ibis plan recommends the addition or modification of 9 projects and the removal of 4 projects that have been. . completed or are no longer necessary. All of these projects are part of the City's collection system (not MWMC projects) and serve only the residents and businesses of . the City of Springfield. Notwithstanding the single jurisdiction service pUrpose of these new projects, the Metro Plan (page V -4, Public facility projects: (b) Wastewater) requires all pump stations, and all wastewater lines 24 inches or larger, to .be identified in the project lists and maps. Because the Metro Plan "prevails" if there are any inconsistencie~ between the Metro Plan and. the PFSP, the PFSP project lists and maps also must show all pump stations and wastewater lines 24 inches or larger. Wastewater MaSter Plan - 2008 The City's Wastewater Master Plan (WWMP) is a citywide public infrastructure plan that evaluates existing and future demand on the wastewater collection 01.;"''''' (based on projected population and employment growth through. the year 2025) and makes recommendations for system improvements (capacity and efficiency). The WWMP Was initiated by Council to update the 1980 Sanitary Sewer Master Plan, and to assist in the implementation of the Metropolitan Wet Weather Flow Managementplan, adopted by the Metropolitan Wastewater Management Commission. The City's WWMP is not a substitute for the wastewater systems planning that appears in Chapter ill of the Metro Plan or throughout the PFSP; Oregon Administrative Rule 660- 011-0010 identifies the constituent components of public facility plans including how these state reqUirements relate to other public facilities planning that may be prepared by :' - citjesandauthorized.service providers:, . ":-"(3; I~isnotthe ;'~ose of this division to cause duplicatio~ of or to suppfl.?1!Bpceived -/'" "jl.~"" .-: 'J ,,~'l '"... -:' _ ' applidililefaeility plans and programs. Where all or part of an acknowledged 0 C T 0 6_ .;" -:,"- , ~ '" A . '" ~ ','-I Staff Report and Findings Page 2 PI~. ""'.., ,!~,,,,,,,,,,~ iEJ....~... RI R(.?~;j ~;;: ';,:'~1i!;,';l O't.iJl ..,...,...I.^III.I,..&I.....,.. n EXHIBIT D - P3 l.., -3- comprehensive plan, f'a!:ility master plan either of the local jurisdiction or "FI:'"U.I'";.ate special district, capital improvement pro gram, reki~nal functional plan, similar plan or any combination of such plans meets all or somelofthe requirements of this division, those plans, or programs maybe incorporated by1reference 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 shal1 be subject to the administrative procedures of this divisions and ORS Chapter 191_" . , . I Taken in its entirety, this rule provision is intended to allow cities to adopt existing public facilities documents, rather than prepare new on~s, where those documents satisfy the standards of OAR 660-0 1 L 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 he used to meet this rule-and in so doing, obligates such elements to the requirements of ORS 197 (goals compliance; post- acknowledgment plan arn""nmp'lt procedures). The City is not proposing to reference any elements of the WWMP as provided in OAA660-0 11-00 1 0, but does contend that , the development and applieation.ofthe 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 iri the metropolitan area Use local facility master plans, refinement plans, and orciinknces,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 ctlIlstraints, determine capacity requirements and identify system improvementS riecessary to meet the city of . Springfield's projected population and employmcint growth through the (2025) planning year." The following project reco=endations rieed to be included in the lists and maps , . in the Metro Plan and P FSP: ' , . ' For inclusion in Table 4: . i ~', i Project #104 - Jasper Road sewer extension I, System eXtension in the general vicinity or Jasper Road to collect flow from future development I the Jasper-Natron ~ ' , 1 Project #105 _10th and N Street Upgrade : Construct parallel 24 inch pipe to increase capacity of existing system to acco=odate wet weather floWs ; " .,~. . ( . , " , Project#106-E Street (CentraI Trunk)upgrade i -' . C~nstruct 24 inch pipe to increase capacitY of existing srea~d _ '; ,:,wet Vf!;:,ather flows ! OCT 0 6 2008 , I I I.. I Staff Report and FiricJgs Page 3 ATTAnUU~""T ~ 'I Il Planner: BJ -Project #107 -Main Street sewer upgrnde#1 EXHIBIT D - P4 I' , . -4- > ,: Construct 24 inch pipe to,increase capacity of ex.isting .system toaccommoda1e wet weather flows' , , ' Project #108 -Nugget Way pump station upgrade . . Increase pump station capacity to acco=odate wet weather flows with the . 'largest pump oUt of servife ' '. " . f Pi'oject #i 09 - Hayden' Lo pumP.: station upgrade hicrease pump station capacity to acco=odate wet weather flows with the , largest pump out of service " . I, Project #110 - River Glenpump'station upgrade . Increase pUmp station capacity to accommodate wet weather flows. with the . largest pump, out of service .' , r Project #202 - Harbor Driv:e purilp station , ' Newpump station to collbctflow from future development in the vicinity of the . South2nd Street~a Project #203 - PeaceHealth pump station New pump station to collect flow from future development in the vicinity of ,,' Deadmond FerrY Road arid Baldy View Drive ,. ~ For deletion from Table 4: , t Project #105 - Game Fium Roaq trunk sewer ':1 " Project #106 - GatewaY/Harlow ~oad pump station upgrade " ., ',' Project #202 - East Glenwood gravity sewer :1 . , Project #203 _19th street pump ~on: . ~ NOTE: Table 16 contains the sa;ne projects found in Table 4 proposed for inclusion or deletion; in addition Table 16 prqvides cost estimates .and completion year estimates for each project. Please refer to Atta:chments #4, #5, and #6. ii Metropolitan Area General Pla'n Amendment Criteria , . , The prop~s;d amendments are c~nsidefed to be Type II Metro PI~ ~endments because they are site specific ainendmentS to,Plan project lists and maps. Type II Metro Plan amendments inside the city limiui shall be approved by the Home City; Type II Metro .f.l<mJllII1,!;I1,dm~ts.'fetween the city limits and the Plan Boundary shall be approved by the ~o~e .City ani! Lane County. At, least three of the pump stations aroafff ffeiJ:Y.e,'ved limits, tl1,"~d'{~" Lane County muSt co-adopt these amendments. ' lil ,..' , I' OCT 062008 . -.... ., '\ ~. . ",l , , Staff~ep()rt and Findings Page 4 A"T'''T'"l'''tlll......'''T' P'" . . Planner: BJ EXHIBIT D - P5 - 5- Springfield and Lane County adopted identical Metro Plan amendment criteria into their respective implementing ordinances and codes. Springfield Development Code (SDC) . Chapter 5, Section 5.l4-135(C) (1 & 2) and Lan~ Code 12.225(2) (a & b) require that the amendment be consistent with relevant statewide planning goals and that the amendment not make the Metro Plan internally,inconsistent.lbese criteria are addressed as follows: . j n- (a) The amendment must be consistent with lthe relevant statewide planning goals adopted by the Land Conservation and DevelopmentCommissio1z; . Goall - Citizen Involvement. I. To dlNelop a citizen involvement program that insures the opportUnity Jor citizens , to be involved in all phases oj the planning process. . The two ci~es and the coun~ ha~e acknoLledged land use codes that are intended . , . to serve as the principal implementing orqinances Jor the Metro Plan. Chapter 5 oj the SDC, Metro Plan Amendments; Public Hearings, prescribe the manner in which a Type IT Metro Plan amendment Ihust be noticed. Citizen involvement for , a Type IT 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" prdposal; published notice in a newspaper of general circulation; and notice to the D~artment of Land. Conservation and Development (DLCD) at least 45 days before the initial evidentiary hearing (planning commission). Notice of the joint planning commission ~earing was mailedon April 18, 2008; notice was published in the Register-GlllI!d on April 24, 2008. Neighborhood Associations, if any, were mailed notice oh April 18, 2008. Notice of the first evidentiary hearing was provided to DLCb on MarCh 4, 2008. Lane County is participating in this matter; Eugene was sJrrt a referral on February 20, 2008. I Springfield's Committee for Citizen Involvement (CCI) met on March 4, 2008 to . . discuss citizen involvement opportunities.! A public woIkshop, website posting, two public hearings (Planning Commissiop., City Council) and mailed notice to neighborhood associations, local engineering :fiiins, developers and other stakeholders were approved by the CCI. ,I ' , . , I ' Requirements under Goal 1 are met by adherence to the citizen involvement processes required by the Metro Plan arid 'implemented' by the Springfield Development Code, Chapter 5 and Lane Code Sections 12.025 and 12.240. Goal2-:-~and UseP.\aJinin~' . . . .' ,n +0 Do~~h/Ad "To,..~stabllSh a land use planmng process and polIcy framiWaJl5iialb!5i~7'l1W , deCisioriS'and actions related to use oj larij and to assure an ade~tfttYif2t1O's :, ,bas,e Jor such decisions and actions. I . , .. "r Planner: BJ Staff Report and Findirigs Page 5 .&T'T"...nln......I....,.. I,.. , EXHIBIT D - P6 -6- ' . .. All land-use plans ant! implementatjon 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 accourit changing public policies and circumstanc~s, inapcord~ith a schedule set forth in the plan. Opportunities shall be pravidedfor review and comment by citizens and affected governmental , .' . units during preparation, .review and revision of plims and implementation . ordinances. .lmplementationMeaSures - are the means used to carry out the plan. Theseare of two general types: (1) 'management implementation measures such as ordinances, regulations o~ project plans, and (2) site or area specific . '. l. . implementation. measuresisuch 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 Ordinarice No. 20319;aD.d Lane COlmty Ordinance No. 1197) after numerous public meetings, public workshops and joint hearings . of the ~pringfield, Eugen~and Lan~ County Planning Commissions and Elected Officials. " . \' ", "1 Subsequent to these Metr() Plan adoption proceedings, Eugene, Springfield and Lane COlmty considered amendments to Chapter ill-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 II; amended Chapter IV wastewater system condition assessment; and added a new Chapter VI Amendments. The~e amendments were also reviewed at public meetings, public workshops andjoint hearings of the Springfield, Eugene and,Lane County Plawring Co~ssiqns and Elected Officials., These amendments were appeal~ to LUBAand subsequently some (project list) were =andedto the elected officials for additional clarification and description of projects associated with the wastewater treatment facility expansion. The elected officials adopted these remanded amendments in 2006. . -. ...... , , ' The Metro Plan is the "iaAd use" o~ ~u'-U1-'""hensive plan requir~d by this goal; the Springfield Development :~ode 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 affected governmental units. Coordination. means that co=ents frorp. affected gove~enta1 units are solicited and considered. . , . , Goal 3 - Agricultural Lands . '.; \ ',.;;~'\.r{o'p:~sm:~andznaintain,~agricultuTallands. .tt..'W~:"",,,:,};;'i,.''''..~'' ,; ,Date Received ; OCT 0 62008 . Planner: BJ . ..' " , ,. " ~'. \~ ...- I: StaffR,eport and Findings Page 6 . 1, ~ . ',^ TT AI,,"UUC1IT I: ,..- ~ EXHIBIT D - P7 . -7- I I 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 pro~de wastewater service outside the UGB; the proj ects ,were reCommended in \he Wastewater Master Plan to "meet the c~ty of Springfield's projected population and enrployment growth thrOugh the (2025) pl~g year." ! ..., . . I Goal 4 - Forest Lands I , To conserve forest lands by maintaining tfle forest larld base imd to protect the . ,state 'sforest economy by making possib1~ eoonomically efficientforest practices that assure the continuous growing and harvesting offorest tree species as the leading use onforestland consistent withisound management of soil, air, water, 'andfish and wildlife resources and to prdvide for recreational opportunities and . 1 I, agncu ture, I . I The changes do not affect Metro Plan or f FSP consistency with tl:iis goal and it does not apply within adopted, acknowledged urban growth boundaries, None of the proposed projects are intended to pro~de w~ewater service outside the UGB; the projects were recommended in the Wastewater Master Plan to "meet the city of SPringfield's projected pop~ation and employment growth through the (2025) planning year." Goal 5 - Open Spaces, Scenic and Historic Areas; and Natural Resources To protect natural resources and conservk scenic and'historic areas,and open spaces. ., The City has finished all work requited imder Goal 5 durlD.g the most recent Periodic RevieW (completed in 2007). NJne of the proposed project additiobs are located within any of the City's ~,"u~......,ed:Goal 5 resoun:e sites; none of the proposed projects were designed or intended to allow development to occur ' within a pru~,"~',",d resource site; the prese:hce of urban seMcesdoes not invalidate Goal 5 inventories 'or protectionmeasures!even'ifthe new urban service becomes available to any of these sites; these Goal 15 sites were identified and protected because they qualified under city or state laws, not because of a lack'of available services. The changes do not affect ackn6wledged Goal 5 inventories so this proposal :does not create,~ inconsistency 'with the goal. .. Goal 6-': Air, Water and Land Resources Quality .. To maintain aiuJ improve the quality ofth~ air, water and land resources of the ~. ' I . . ,,::. .- <~sg6ai is primarily concerned with compliance 'with federJ)gf&tR eceived :~vironmenta1 quality statutes, and how tiPs compljonrp is achieveq.M' 06 :.: ~ develoPment proceeds in relationship to air sheds, river basins and ra'ilCl reso.. I . i Planner: BJ \ j, ~lf ,I"~, , . , Staff Report and Filldlllgs Page 7 ) AT"T"."IIIIr-lI"T'''' f'" . .I -"""~."" ' EXHIBIT 0 - PB -8- . The Federal Water Pollution Control Act, P.r.. .92-500, as amended in 1977, became knoW!?- as the CI~ Water Act (33 U.S.C.1251 et seq.). The goal of this Act was to eliminllte the discharge of pollutants into the navigable :waters. ORS 468B.035 requires the Or!lgon Environmental Quality Commission (EQC) to implement the Federal Water Pollution Control Act The.primarymethod of implementation of this A~ is,through the issuance ofa National Pollutant Discharge Eliminll1ion System (NPDES) permit prior to the discharge of any wastes into the "Q.;,,"~ of~e state. (ORS 468B.050) Among the "pollutants" regulated by the EQC are temperature (OAR 340-041-0028) and toxic substances (OAR 340-041-0033). Previously, the Plan waS am~nded to ensure that the Metro Plan and thePFSP accuratelyn,tlect regional"wastewater system needs as imposed by Federal and State regwatiqn. Currently, the PFSP states that "... the Regional Wastewater Treatment Plant has suffic~ent design capacity to acco=odate population increases and serve all new development at buildout." This amendment takes the . . next step in bringing the plan current by incorporating those local facilities in . Springfield which are reqilired to adequately and efficiently convey sewage to the , ., Regional Wastewater Trea.tmentPlan for treatment. The y"vyv.ed amendment is . based on the most current ,fIraft 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,~ccor~y that the current draftsof.the proposed map and table amendments will be further modified t'? conform to the provisions of the adopted Master Plan . ' . . Goal 7 - Areas Subject to Natural Disasters and Hazards To protect people ant/property from f'!!dural hazards. j . . The MetroFlan and the City's development code are acknowledged to be in compliance with all applidilile stateWide land use goals, including .Goal 7. The proposed projects are not locatedwi~ hazard areas l!or does th!lir presence have any irlIect on existing polities or procedures adopted by the City pf Springfield and applicable in hazard.are.' as. This. . Goal is unaffected by the presence or , ,absence of urban services to natural hazard areas. ' ~ . '. . , Goal 8- Recreational N eells To satisfy the recreational 'needs of the citizens of the state and visitors aiuJ, ,. where appropriate, to pravide for the Siting of necessary recreational faciliti,es including destination resoits.., . . ' , A116fthe proposed proje~ are intended to~ontinodate future~~eCe;Ved '. ~ . .p\l?ulation and eIDf10ymen~ What is meant, but n.otstat:d.in thisgeIlllfllt'ljpBcs:pt of. ,~ growth m popu4tion and employmenf' is that lt mcludes anChiary ,lU08 activities as well. The Metr. 0 Plan anticipates up to 32% of resi~n . .,.... ria nar: BJ " StaffRellOrt and Findings Page. 8 AT'T"A'iIIl.&r-U..,. ~ n EXH I BIT D - P9 - 9 - ' designation will be occupied by these andnaryactivities: "In the aggregate, ,non- residential land uses consume "f'.I:'.u~iely 32 percent of buildable residential land. These non-residential uses include bhurches, day care centers, parks, streets, schools, and neighborhood co=ercial." I (page ill-A-4, Metro Plan) DetPTTTI;n~1:ion of pipe .sizes and pump capacity includes the presence of these land uses 'and in any case, the Willamalane ParlC and Recreation Master Plan includes future park sites needed ;0 keep pac~ wi~ residential growth. Goal 9 - Economic Development 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 adJquate public facilities and services as necessary for economic development. Objective 10, at page m-B-4 states: Provide the necessary .public facilities and services to allow economic development. Policy B25, at Page m-B-6, states: Pursue an aggressive annexation program. and servicing of desi~ted industrial lands in order to have a sufficient supply of "development ready"I land. Policy B26, at page ill-B-6, states: In'order t}l provide locational choice and to attract new campus industrial firms to the metropolitan area, Eugene ana Springfield shall place as a high priority service eXtension, annexation, ana proper zoning of all designated special light industrial sites. All of these policie~ are served by the proposed amendments , , . to the Metro Plan and PFSP as these projects are intended to meet future demand generated by population andemploYmeni growth. Additionally, it is the provision of key urban services that typically detenhines suitability ofland to be converted from rural to urban and to be annexed intb the city limits: "Land within the UGB may be converted from urb~n;7<I},le to urban only through annexation to a city when it is found that: a. A minimum levJI of key urban facilities and services can be provided to theareain an orderly and ~fficient maimer; b.There will be a . logical area and time within which 190 deliver urban services and facilities. Conversion of urbanizable land to urban Shall also be consistent with the Metro Plan," (pageU-C-4, Metro Plan) Each 6rthe pump stations is located in or near I . . 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 W ayand PeaceHeal~ pump. stations in particular will facilitate co=ercial and industrial development by making available this mandatory urban service. ' GoallO-Housing". I. '. To provide for the housing needs of citizens of the state. Goal I 0 Plannmg Guide].ine 3 states that "(PJlans should Provide for the appropriate type, location andphasing of pubic fa. cilities and serviJes stifjicient to supp~fJeceived development in areas presently developed or undergoing deve'fiJPf^~';ft Jr' . . . I . " ,'redevelopment ': ".. i . . OCT I} 6ZU08 N"0-- I . Planner: BJ Staff Report arid Finclings. Page 9 o\TTA"'U"~"'IT r t 'n . ., , ,'-! . EXHIBIT D - Pl0 . . - 10- OAR 660-008-00 i 0 requires that "[S]u:fficient buildable land shal1 be designated on the comprehensive plan map to satisfy housmg needs by type and density range as determined in th~ housing needs projection." Goal 10 defines buildable lands as ". . . landS in urban and urbanizable areas that are suitable,. available and necessaryfqr residential Use." 660-008-0005(13), in part, defines land that is , "suitable and availabie" 4 land "for ,which public facilities are planned or to . which publicfacipties c~ be made available." , Similax: to (}oal 9, adequate !,ublic facilities are necessary to accomplish the 'objectives of this goal anq 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 cU"'c'.I'""hensive plan. . l .Goalll - Public Facilities and Services To plan and develop a tillie/y, orderly and efficient arrangement of public facilities and,services to,s~rve tis aframeworkfor urban and rural development. . OAR Chapter 660, Divisibn 011, implements goal I!. OAR 66()-{)11-O030(1) requires that the public facility plan list the proposed projects and identify the . genera110cation of the project on a map. The .l'w.I'vsal will add nine projects to Tables 4 and 16; delete foUr projects from these same tables in recognition of their completion or supplanted need; and show the location of all proposed proj~cts 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) r~quires that the public facility plan include a rough cost estimate for sewer public facility projects identified in the facility plan. In conformity with this requii-ement, Table 16 inchidesrough cost estimates for all nine proposed projects. These costs are derived from the work performed during the preparati~n of the WaS,tewater Master Plan. . , . . OAR .660-01 i --0045 requires certain elements of the public facility plan to be adopted as part of the corriprehensive plan. T4ese elements include the list of public facility project title~ (Table 4); the.map or written description qfthe public facility projects locations or service areas (Map 2); and policies or urban growth management ay",,=ents 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 " lIf!d,the post-acknowledgnient procedures of ORS 197.610. ,~ ","-- . :' . . " " ",. . GoalU - Transportation .. . . n-::lt .0..... .. . To proyideand encourage:asqfe, convenient and economic~. ftlUllt:celved " , II . , . . system.. ': OCT 06 ' .2008 Planner: 6J ,. n- , . Staff RePort and Findings I'age 10 ATTAnUIIl':'I.IT r. 1 n '., EXHIBIT D - Fll ;.. -11'- i, , The transportation system plan is not dep6ndent upon, or influenced by the wastewater system plan. Land development cannot occur inthe absence of infrastructure and that includes Wastewatdr and transportation; but neither the goals nor the OARs reqUire a corollary arialysis 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 ca\;e, the planned transportation facilities are: 1 already in place; 2 under constructibn; 3 in design; or, 4 planned. The changes do not affect Metro Plan or PFSP consistency with this goal. I. Goal 13 - Energy Conservation . 'To conserve energy. . 3. Land use planning should, to the maximum extent possible, seek to recycle and re-use vacant land and those uses which lue not energy efficient. . . . I . . All of the projects are upgrades or expand the capacity of existing sYstems. Such. . a'strategy maximizes the. efficiency of th~ eXistfug system ( sunk cost) and provides for infill and redevelopment opportunities that couldn't go forward without these improvements. The chang~s do not affect Metro Plan or P FSP consistency with tliis goal. ' I , Goal 14 .,.. Urbanization To provideforan orderly and efficient transition from rUral to urban land use, to accommodate urban population and urbdn employment inside urban growth . boundaries, to ensure efficient use of land, and to provide for livable communities. !. . i . 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 oc=, projected population and employnlent growth Will need to be. acco=odated beyond the existing UGBt The proposed amendments will potentially delay when UGB adjustments1must be taken and may reduce the acreage neCessary to acco=odate projetted growth. The changes do not affect Metro Plan or PFSP consistency with thi;s goal. . . . .. .. I , . _ Goal 15 - Willamette River Greenwayj , , To protect, conserve, enhance and maintain the natural, scenic, historical, agricultural, economic and recreational ~ualities of laruis along the Willamette . River as the Willamette River Greenway, .., , t, '~) Thde lift rivo '~'rojects in proximity to the Willamette River: ~~ 1\al ~~. .. ,'. ;', ' Harbor Drive pump stations. The presenF of these facilitie~& ~ed . upgrades, Will allow planned development of these areas to oc=,AlW qot at the ",!o' , ~clusion of any other rules or standards that may be applicable td-'W~ed I .',. I , . I". Staff Report and Findihgs Page 11 ATTA^I.........IT ,.. I ...... Planner: BJ 'I 'f.--...... ;\.> . .,' " EXH 16 IT 0 - P 12 . -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 PFSP consistency with this goal. Goal 16 EstuaririeResources, Goal 17 Coastal Shorelands, Goal 18 Beaches aDd Dunes, and Goal 19 Ocean Resources These goal); da not apply ,to the Eugene-Springfield Metropolitan Area (b) Adoption of the amendnlent must not make the Metro Plan internally inconsistent The project lists and maps contained in the PFSP were adopted as part of the Metro Plan in 2004 and 2006. The Project lists in the PFSP, in the form of tables, include pump stations and any pipes 24 inches or larger; the maps show the general location or service area of the projects. The !'<u!'used amendments ' include pump stations and pipes 24 inches or large, project descriptions, and . . changes to the. map to sho;W 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 quiritessential test of consistency. The proposed changes, as presented, will not create internaI inconsistencies within the Metro Plan. In addition to the foregoing, the proposed llIpendments are consistent with the following Metro Plan policies: "Extend the minimum level and full range ofk:ey urban facilities and services in an orderly and efficient ~er consistent with the growth management policies in Chapter II - C, relevant policies in this chapter, and other Metro Plan policies." (page ill-G-4, policy G.I) "Use the planned facilities maps of the Public Facilities and Services Plan to. guide the general location hf water, wastewater, stormwater, and electrical projects. in the metropolitan area Use locai facility master plans, refinement plans, and ordinances as tl).e guide for detailed planning and project implementation." (page ill-G-4, policy G.2) , "Modifications and additions to or deletionS from the project lists in the Public Facilities and Services Plan for water, wastewater, andstormwater public facility projects or significant changes to project location., from that described in the . Public F:. aC.il.itieS and Servipes Plan planned facilitie~s~ 1,2 and 3, ;equires amen~g the Public Facilities and Services Plan anlUliI&He@SfV~...!e . . ill,G-4' olic G.3) , Ct I.~ ....'~"-\,.."'.... .," ... ~,.E, y ,"..u). ",' . .. i .' .. OCT 06.2008 ~.~.~. 'I.'i'~ .~~' ~,; '..', ti, '.. Planner: BJ Staff Report and Findings Page 12 ATTAI')UIU::IIT c: _ 1? . \ ,.' EXHIBIT D - F13" -13- i I . . "Use annexation, provision of adequate public facilities and services, rezoning, redevelopment and infiIl to meet the 20"}jearprojected housing demand." (page ill-A-5, policyA4) . ' I . . "Endeavor 10 provide key urban services land facilities required to maintain a five- year Supply of serviced, buildable residerttialland." (page ID-A-6, policy A. 7) "Coordinate higher density residential dJelopment with the provisi~n of adequate infrastructure and services, ope~ 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) .. ".\.,. , ., , ;: \ . Date Received OCT 0 62008 Planner: BJ ,;' . . " , . , ' . . I ' . Staff Report and Findihgs Page 13 ATTAf\lIUr-t.IT r ! of'" 100! "1J - S>> ::J ::s CD -r . . OJ c..... FecEx. 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