HomeMy WebLinkAboutNotice PLANNER 10/8/2008
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AFFIDAVIT OF SERVICE
STATE OF OREGON }
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County of Lane }
I, Brenda Jones, being first duly sworn, do hereby depose and say as follows:
1. I state that I am a Secretary for the Planning Division of the Development
Services Department, City of Springfield, Oregon.
2. I state that in my capCicity as Secretary, I prepared and caused to be
mailed copies of Not(ce of Adoption to DLCD LRP2008-00007; Metro
Plan Amendment (See attachment "A") on October 8, 2008 addressed
to (see Attachment "B"), by causing said letters to be placed in a U.S. mail
box with postage fully prepaid thereon.
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Brenda Jones ~ .,
,Planning Secretary
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STATE OF OREGON, County of Lane
. ~IL g ., 2008 Personally appeared the above named Brenda Jones,
Secretary, who acknowledged the fo~egoing instrument to be their voluntary act. Before
me:..
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I. OFFICIAL SEAL f,
I , ., SANDRA MARX
, \ ) NOTARY PUBLIC - OREGON, . ,
I .. COMMISSION NO. 385725 ,
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My Commission Expires: /1117. L7 00 t d
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OCT 08 2008
Planner: BJ
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DLCD
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Notice of Adoption
TInS FORM MUST BE MAILED TO DLCD
'" 11 tlm 5 WORKING DAYS AFTERTHE FINAL DECISION
PER ORS 197.610, OAR CHAPTER 660 - DIVISION 18
o 111 person.O electronic 0 mailed
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F(;1" OLeo Use Only'
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: 3/4/2008
~ Comprehensive Plan Text Amendment ~ Comprehensive Plan Map Amendment
o Land Use Regulati6nAmendment 0 Zoning Map Amendment
o New Land Use Regulation . D . 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, Pu1;>lic 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 it severability c1~use. .
Does the Adoption differ from proposal? t:Jo, 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 11 12 13 14 15 16 17 18 19
D D D D D'D D D D D.[g] D 0 D [J D D! ~Il ~
Was an Exception Adopted? D YES ~iiNO . a:e Hecelved
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Did DLCD receiYEl c1. ~otice of Proposed I\mendment... OCT 08 2008
45-day'~ prior to.first evidentiary hearing? ., PI ~.J~s _ D ~o
If no, do the statewide planning goals apply? ~ftJ Ii!JbJ
Ifno, did i::mergt3ncY,Circumstances require immediate adoption? 0 Yes D No
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to: ,
to:
Acres Involved:
New:
DLCD file No. . .
Please list all affected State or Federal. Agencies, Local Governments or Special Districts:
Zip: 97477~
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Phone: (541) 726-3774 Extension:
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Fax Number: 541-726"3689
E-fnail Address: gmott@ci.springfield.or.us
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Local Contact: Greg Mott
Address: 225 Fifth Street
City: Springfield
ADOPTION SUBMITTAL REQUIREMENTS
This form must be mailed to DLCD within 5 workinl! davs after the final decision
per ORS 197.610, OAR Chapter 660 - Division )8.
1.
Send this Form and TWO Comnlete Conies (documents and maDS) of the AdoDted Amendment to:
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ATTENTION: PLAN AMENDMENT SPECIALIST
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DEPARTMENT OF LAND CONSERVA:rION AND DEVELOPMENT
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635 CAPITOL STREET l1ffi. SUITE 150
SALEM, OREGON 9,7301-2540
Electronic Submittals: At least one hard copy must be Isent by mail or in'perso~, but you may also subr lit
an electronic copy, by ~ither email or FTP. You may ~onnect to this address.to FTPproposals and
adoptions: webserver./cd.state.or.us. . To obtain our Username and password for FTP, call Mara Ulloa at
503-373-0050 extension 238, or by emailingmara.u1l6a@state.or.us.
Please Note: Adopted materials must be sent to DLCD Inot later than FIVE (5) working days
following the date of the [mal decision on the amendm6nt.
Submittal of this Notice of Adoption must include the tlxt of the amendment plus adopted findings
and supplementary illformation.
2.
3.
4.
5,
The deadline to appeal will not be extended if you subririt this notice of adoption within five working
days of the [mal decision, Appeals to LUBA may be filed within TWENTY-ONE (21) days of the dal e,
the Notice of Adoption is sent to DLCD.
6.
In addition to sending the Notice of Adoption toDLCq~ you must notify persons who
participated in the local hearing and requested notice of the [mal decision,
Need More. Copies? You can now access these forms !online at http://www Jc4-\t.!te.or~/. Please J
pnnt on 8-l/2xlll!reen uaDer onlv. You may also call the DLCD Office at (5~teom6lGeIMEU A
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your request to: . (503) 378-5518; or Email yourrequesttomar:a.ulloa@state.or.us - AIfENTION:
PLAN AMENDMENT SPECIALIST.' UCT U II 2008
Planner: B,J
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ORDINANCE t'lO. 6231
.' AN ORDINANCE.AMENDING THE'EUGENE-SPRINGFIELD
METROPOLITAN AREA GENERAL PLAN (METRO PLAN) CONSISTENT'
WITH POLICY G.3 IN CHAPTER III, SECTION G. PUBLIC FACILITIES AND
SERVICES ELEMENT; AMENDING TABLE 4, TABLE 16 AND MAP 2 OF THE
PUBLIC FACILITIES AND SERVICES PLAN (PFSP) TO UPDATE THE
PROJECT LISTS AND MAPPED LOCATION OF THESE FACILITIES; AND
ADOPTING A SEVERABILITY CLAUSE.
WHEREAS, Chapter IV of the Eugene-Springfield Metropolitan Area General
Plan (Metro Plan) sets forth procedures for ljlllendn1ent of the Metro Plan; and by
extension, amendment of refinement and functional plans that supplement the Metro
Plan, which for Springfield are implemented by the provisions of Chapter, 5, Section
5.14-100 through 5.14-155 of the Springfield Devel()pment Code; and '
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WHEREAS, th~ Metro Plan identifie~ th~ Eugene.-Springfitdd M~tropolita~ Area
Public Facilities and Services Plan (Public Facilities and Services Plan)"as a refinement
plan which forms the bllsis for the Public Facilities and Services Element,oftlle Metro
Plan and guides the provision of public facilities and services in the'metropolitan area;
and ' .
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WHEREAS, ,the Public Facilities and Services Plan serves the. goals, objectives
and policies of the Metro Plan by addressing theprovi,sio'n of public facilities 'and .
services within the urban growth boundary (UqB),services to areas outside the UGB,
locating and managing public facilities outside the UGB, and financing public facilities;
and
WHEREAS, the current Eugene-Springfield Metropolitan Area Public Facilities
and Services Plan, adopted in 2001 and amended'.in 2004 and in i006;is in need of
modification to reflect necessary upgrades to the wastewater col1ection syste'm including
severaf lines and pump stations in Springfield; and ' '.
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WHEREAS, at the conclusion of a joint public hearing with th~ tane Coimty
Planning Commission on May 6, 2008, the Springfield Pl~ing Commission
. . recommended the Eugene-Springfield Metropolitan Area Public'Faci(itiq and Services
Plan, Table 4, Table 16 and Map 2, be amended to reflect necessary upgrades to certain
.wastewater lines and pump stations in Springfield, and that these same amendments be
adopted into the Eugene-Springfield Metropolitan Area Gener~lPlan consistent with
Policy G.3, Chapter llI, Section G Public Facilities and Services Element of the Metro
Plan; and 'i
WHEREAS; the City Council conducted a joint public hearing on this '.
,. amendment on. September 172008, with the Lane County Board of Commissioners,
.'. ,f\Ild is Ii.ow~feady to titke action based upon the above recommendations and evidence and .
}':~::""tbitim'oijy:'itlteadY in the r~cord a~ wel1 ~s the evidence and testimony pres11}~ teece"v d
Jomtelected offiCIals publIc heanng; and .. aU:1 n e ..I
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OCT 08 2008
Planner: BIJ
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WHEREAS, substantial evidence exists ~ithin the record demonstrating that the'
. proposal meets the requirements of the Metro Plcm, Springfield Development Code, and
applicable state and local law as describ~d in fmdings attached as Exhibit C, and which
are adopted 'in support of this Ordinance,'
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NOW, THEREFORE, the C.omIDon CouncjI 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 hereoy adopted, :
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Section 2: The P~blic Facilities and SeJices Element (Section III-G) ofthe
Eugene-Springfield Metropolitan Area General p;lan (Metro Plan) is modified and , .
amended consistent with Policy G.3 and as set forth in Exhibit A, Exhibit B, and Exhibit
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C attached and inc<;lrporated herein, which amendments are hereby adopted,
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Section 3: Th~ 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 unco~stitutional by a court of competent
jurisdiCtion, such portion shall be deemed a separate, distinct and indep~ndent provision
and such holding shall not affect the validity of the remaining portions thereof.
Section 5: Notwithstanding the effective date of ordinances as provided by
Section 2.110 of the Springfield Municipal Code 1997, this Ordinance shall become
effective 30 days from the date of its passage by the City Council and approval by the .
Mayor, or upon the' date of its acknowledgement ~s provided by ORS 197.625, whichever
date is later, provided that by that da~e the Lane qounty Board of COrnplissioners has
adopted an ordinance containing identical provisions'to those described in Sections 1 and
2 ofthis Ordinance.
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Adopted by the Common COuTIcil' of the Ci:ity of Springfield this 6th day of.
October ,2008 by a vote of 4 in favor and : 0 against. (2 absent)
Appro"", by tlii M,';', of <Ire City of \L!thi, 6" "y"",'ob,"08
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MaTL ~te Received
City Recorde&
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. ATTEST:
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OCT 0 8 2008
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DATE: '" l!. J o"f.
OFFICE ,OFCi'T{ ATTORNEY
Planner: BJ
ORDINANCE NO. 6231
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Eugene-Springfield Public Facilities and Services Plan
Planned MWMC Wastewater Project Sites
Further details of specific projects at each of the identified
sites are described In tables 3, 4, 4a and 4b
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Planned Metro Wastewater SRe.
. Regional PURl' Staion
A Screw Pump Stallon
. LocalPumpSBtion I
. Regional Wastewater Treatment Site
C Metro Plen Boundary ,
Metro Urban Grov.1h Boundary
III Urban ResefVes
_ PrOposed was1ewsterllnes of 24- rs larg.er
No/so' !J'ban RsMfVBS arB now beirtg studjttd
as part of the MetopoJ'tan Urban AtSeM Analyss
Periodic Re\?eLY study. "
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m = CD /f
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r FsoJite~V6f I~ the UGB cannol be Jocatoo as .shown
~t Ilfst obtEt Lane County hJnd use spprlNfJl
~~ gJnef81IoCG: of lJefaolffle3 are shown on Ihsm-ll'
ct prOject 10: ere d~/ermmed through lOCal fYoc~es
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MAP 2
/lprll,2008
I Project
Number
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1104
I~
1105
[.we
1106
1107
1108
1109
1110
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1202
I ;W;
1203
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EXHIBIT B P1
Table 4
City of Springfield Wastewater System Improvement Projects
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. Project NamelDescription '
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Short-Term I
Jasper Road sewer extension I
Game Fan:: r~:::3~..nk sewer (completed)
10m & N Street DEgrade i
~ateway,?-~I~',;-~~ ,,~p.;taM;: '_~~~J~ (completed)
E Street (Central Trtmk) u'p~de
Main Street Sewer upgrade # 11
Nugg:et Way pump station uD~de
Hayden Lo pump station upe,ra'de
River Glen pump station upgraHe
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- Lon1f.~Te1m1
E&!lt GIet.-.,':'<'3 ;.:,.::'-.:':',' sewer (completed)
.Harbor Drive pump station i
. -l9tI.-Streot ;:=;: 31atien-- (completed)
Peace Health pump station
Date Received
OCT 0 8 iOOS
. P\anna~\: 61
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Number
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105
.we
106
107
108
109
110.
ilG2-
/202
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1203
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EXHIBIT C - P1
Table 16
City of Springfield
Wastewater System Improvements, Estimated Costs, and 1;'iming
Project NamelDescrip,tion
ShortTerm
I J"""or Read sewer &JEteBSisB
I Jasper Road sewer extension
I GlIl'Be Far- P,::.i ':.:Bk sewer
I ~~:e~<~,,~~~:~l~:::~" ~ativn u,,~Je
E Street (Central Trunk) upl\rn.de
Main Street Sewer up~de # 1
Nug~et Way pump station up~de
Hayden Lo pump station upgrade
River Glen pump station upgrade
Lonl! Term
East Gl~:o.'~l'ooj ~:ity s.ewer
Harbor Drive pump station
!9tI.Str~~ Jl~" ~
Peace Health pump station
6TT61'\..IU!:MT'1t _' 1
Cost
($000)
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11,600
-l-;WQ
3,950
-l-;WQ
2,500
2,100 .
1,400
1,050
1,200
-t,.l-OO .
3,340
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13,190
Estimated Completion I
Year
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. 1999 2QQ1
2010-2012
199920Q1
2010
1999 20Q4
12010-2013
"2010-2013
2010
2010-2013
2010-2013
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12QQ5 2QQb
2015-2020
I 2QQ5 2QQ6
1 2012-2017
Date Received
OCT 0 8 2008
Planner: BJ
EXHIBIT 0 P1
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Staff Report and Findings ofComplianc~ with the Metro Plan and Statewide
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Goals and Ailministrative Rules
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File LRP 2000-0007 Amendments to the Metro Plan and Public Facilities and Services
Plan
Applicant:
City of Springfield, Public Works Department '
Nature ofth.e Application:
The applicant proposes tn amend the Eugene-Springfleld Metropolitan Area General
Plan (Metro Plan) and the Public Facilities andtServices Plan (PFSP) tn: (1) add or
modify nine projects tn Table 4 of the PFSP including five PumP stations and four
wastewater lines 24 inches in diamc;ter or larger;i (2) delete four projects from Table 4 and
five projects from Table 16 of the PFSP which liave been constructed or deemed
unnecessary; and, (3) update Map 2 in the PFSP'to indicate the general location of these
new projects added to Table 4. . .
Background:
Metro Plan-PFSP-Local Facilities Plan Context
Oregon state land use law (Goal 11, OAR 660-011) requires all cities with a population
over 2,500 to develop and adopt a public faciliti~s plan for the area within the city's
urban growth boundary. The public facilities plan is a SUl-'.tM; document or documents to
a comprehensive plan. Certain elements of the p~blic facility plan also shall be adopted
as part of the comprehensive plan; these element1 include a list of public facility project
titles, (excluding the descriptions or specificatiorls of those proj ects if so desired by the
jurisdiction); a map or written description of the public facility projects' locations or
service areas; and the policies or urban growth ~lln~gement agreement designating the
provider of each public facility system. (OAR 660-011-0045)
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. In 2001 the governing bodies of Eugene, Springfield and Lane County repealed the 1987
. Public Facilities and Services Plan and replaced it with the Eu!!ene-Sminefield
Metrooolitan Area PUblic Facilities and Service~\?l~.n.. December 2001. (subtitled: A
Refinement Plan of the E=e-Snriliofield MetrblJolitan Area General Plan.). One of
1he results of this action is described u;. the PFSPi~ follows: "Chapter II of this plan
reco=ends text amendments tn the Metro Plan, which are adopted as part of, and are
incorporated into, the Metro Plan. The project &ts and maps in Chapter II are also
adopted as part of the Metro Plan but are physic.my located 1n this refinement plan. If
there are any inconsistencies between this plan and the Metro Plan, the Metro Plan , d
,preVails." (Page'l, Introduction, PFSP)' D~te Receive
. This text confirms that the P FSP is a refinement plan of the Metro Plan; tnat both the
P'FSP and the Metro Plan "co-adopted" the project lists, maps and Policies ~W6~
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Staff Report and F;nrt;h~ Page 1
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Planner:, BJ
EXHIBIT D - P2
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OAR 660-011-0045; that the project lists and maps do not physically appear in the
published Metro Plan but instead are to be found in the P FSP;and that amendment of the
project list, maps or policies, becipLse they are co-adopted into both the Metro Plan and
.PFSP, require identical amendment to both.those documents if changes are made.
In February 2004 the City,of SPrlngfield, on behalf ~fthe Metropolitan Wastewater
Manag=ent COTTlTTJ;.~ion, initiat~d amendments to the Metro Plan and PFSPproject
lists, maps and policies. These aIDendments 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. amendm~nts (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 Dec=ber,
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2006. . . .. .
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On Apri121, 2008the Springfielq.City Council, on behalf of the Public Works
Department oft:h.e City of Springfield, initiated amendments to the Metro Plan and P FSP
to incorporate specific reco=en?ations found in the City, ()f Springfield's draft . .
Wastewater Master Plan - Februarv 200S. (Attachment #2) This plan reco=ends the
addition or modification of 9 projects and the removal of 4 projects that have been
completed or are no longer neces~ary. 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 pmpose of these
new projects, the Metro Plan (page V -4, Publicfacility projects: (b) Wastewater) .
requires all pump stations, and all,wastewater lines 24 inches or larger, to be ideIitified in
the project lists and maps. BecauSe the Metro Plan "prevails" if there are any ,
inconsistencies between the Metr,6 Plan,and the PF8P, the PFSP project lists and maps
also must show all pump stations lmd wastewater lines 24 inches or larger,
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Wastewater MaSter Plan - 200S .;
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The City's Wastewater Master Pla,n (WWMP) is a citywide public infrastructure plan that
evaluates existing and future demand onthe wast"'l'Yo.;"'< collection system (based on
projected population and employtilent growth through the year 2025) and m.uces
reco=endations for system L.....t'<~ ,,=ents (capacity and efficiency). The WWMP was
initiated by Council to update the 19S0 Sanitary Sewer Master Plan, and to assist in the
implementation of the Metropolitan Wet Weather Flow Management plan, adopted by the
Metropolitan Wastewater Managelnent Cominission. .
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EXHIBIT D
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comprehensive plan, facility master plan either 6f the local jurisdiction or "J:'.l'.uJ:'.:a:te
special district, capital improvementprogram, regional functional plan, similar plan or
ariy combination of such plans meets all or some of the requirements of this division,
those plans, or programs may be incorporated by reference into the public facility plan
required by this division. Only those .d"!cllced portions of such documents shall be
considered to be a' part of the public facility plari and shall be subject to the administrative
procedures of this divisions and ORB Chapter 197."
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Taken in its entirety, this rule provision is intended to allow cities to adopt existing public
facilities documents, rather than prepare new ones, where those documents satisfy the
standards of OAR' 660-011. This rule provisionidoes 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 thatl can be used to meet this rnIe.and in so
doing, obligates such elements to the requiremc4.ts of ORB 197 (goals compliance; post-
acknowledgment plan amendment procedures); JThe City is not proposing to reference
any elements of the WWMJ> as provided in OAR 660-011-00 I 0, but does contend that
the development and applii:ation of the WWMP is consistent with the following Metro
Plan policy: ' .
"G.2 Use the planned facilities maps of the Public Facilities and Services Plan for water,
,
wastewater, stormwater, and electrical projects in the metropolitan area. Use local
facility master plans, refinement plans, and ordi.hances as the guide for detailed planning
and project implementation." [Emphasis added]
The WWMP reco=ends a variety of projects and proi;rams to achieve the stated goal of
the plan: "Identify existing and future capacity honstraints, determine capacity
requirements'and identify systemimprovementsl'necessary to meet the city of . ..
Springfield's projected population and employnient growth through the (2025) planning
year." The following project reco=endationsl need to be included in the lists and maps
in the Metro Plan and P FSP: I '
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Proj ect # I 04 - Jasper Road sewer extension ! . .
System extension in the general vicinity 'of Jasper Road to collect flow from
future development I the Jasper-Natron area
Project #105 _10th and N Street Upgrade l
Construct parallel 24 inch pipe to increaSe capacity of existing system to
. acco=odate wet weather flows
For inclusion in Table 4:
rroj~ct #,106 ",:E S~et (C~tral ~nmk) upgrade, . . . Date RAceivect
, ',:'.:'.,;, .,.:.Construct 24 mch pipe to mcrease capacIty of existing system to acco=o&Je
;. wet Weather flows 0 C T 0 8 2008
.Project #107 ~Main Street sewer upgrade #1
Planner: BJ
Staff RePort and Findings Page 3
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EXH I B IT 0 - P4
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- Construct 24 inch pipe tf;l increase capacity of existing system toacco=odate
wet weather flows
Project # 1 08 - Nugget Way p~p station upgrade
Increase pump station capacity to ==odate wet weather 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 ==odate wet weather flows with the
largest pump out of servi~
Project #202 - Harbor Drive pump station
. New pump station to co~ect flow from future development in the vicinity of the
South 2nd Street area" '. .
Project #203 - PeaceHealth pump station
New pump station to collect flow from future development in the vicinity of
Deadmond Ferry Road aJ;Id Baldy View Drive
For deletion from Table 4:
Project #105 -Game Farm ROad,tnmk sewer
Project #106 - GateWaylHarlow Road pump station upgrade
Project #202 - East Glenwood gravity seWer
Project #203 :... 19th Street pump ~on .
N01E: Table 16 contains the same projects found in Table 4 l'.vl'vsed for inclusion or
deletion; in addition Table 16 pro~des cost estimates and comp1eti9n year estimates for
each project Please refer to AttaChments #4, #5; and #6.
Metropolitan Area General Plan Amendment Criteria
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The l'.vl'used amendin~ts are considered to be Type II Metro PI~ amendments because
they are site specific ainendments to Plan project lists and maps: Type II Metro Plan
amendments inside the city limits'shall be approved by the Home City; Type II Metro
Plan amendinents between the city limits and the Plan Boundary ~~~e1Ved
Home City and Lane County. At least three of the pump stations are'cf~ tM MfY
limits therefore Lane County must cli-adopt these amendments. 0 C T 0 8 2008
Planner: BJ
Staff Report and Findings Page 4
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EXHIBIT D - PS
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Springfield lIIidLaD.e County adopted identical Metro Plan amendment criteria into their
I.:.~}'.:,.:':ve implementing ordinances and codes. ,Springfield Development Code (SDC)
. Chapter 5, Section 5.14-135(C) (1 & 2) and Lane Code 12.225(2) (a & b) require that the
amendment be consistent with relevant stateWide planning goals 'and that the amendment
not make the Metro Plan intema1ly inconsistent.'These criteria are addressed as follows:
(a) The amendnient must be consistent with the relevant statewide planning goals
adopted by the Land Conservation and ])evelopment Commission;
Goal! - Citizen Involvement. I .
To dl?Velop a citizen involvement program that insures the opportunity for citizens
to be involved in all phases of the plannihg process.
The two cities and the county have acknJwledged land use codes that are intended
to serve as the priTu:ipal implementing ofdinances for the Metro Plan. Chapter 5
.of the SDC, Metro Plan Amendments; fublic Hearings, prescribe the manner in
which a Type II Metro Plan amendment must be noticed.. Citizen involvement for
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a Type II Metro Plan amendment not related to an urban growth boundary
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. amendment requires: Notice to interested parties; notice to properties and
property owners'within 300 feet of the pfoposal; published notice in a Iiewspaper
of general circulation; and notice to the Department of Land Conservation and
Development (DLCD) at least 45 days b~fore the initial evidentiary hearing
(planning commission).
Notice of the joint planning commission, learing was mailed on April 18, 2008;
notice was published in the Register-Guard on April 24, 2008. Neighborhood
Associations, if any, were mailed notice 1m Apri118, 2008. Notice of the first
evidentiary hearing was provided to DLCD on MarCh 4, 2008. Lane County is
participating in this matter; Eugene was sent a referral on February 20, 2008.
. Springfield's Committee for Citizen InvJlvement (CCl) met on March 4, 2008 to .
discuss citizen involvement opportunitie~. A public workshop, website posting,
two public hearings (planning Commission, City Council) and mailed notice to
neighborhood associations, local engineering firms, developers and other
stakeholders were approved by the CCL I
I
I
Requirements under Goal 1 are met by adherence to the citizen involvement
processes required by the Metro Plan and implemented by the Springfield
Development Code, Chapter 5 and Lane 'Code Sections 12.025 and 12240.
Goal2-Land Use Planning . . . . nO+O Ct:lt"~ived
To establish a land use planning process and policy .framewor~'5d.rfs Jt1fVJ1l'
;, 'decisions and actions related to use oflo/uJ and to assure an adequatetfW 2008
base for such decisions and actions., .
I .
i . Planner: BJ
I
Staff Report and Findings Page 5
,-.,
EXHIBIT D - P6
-6-
All land-use plans and implementation ordinances shall be adopted by the
. gdverning body after public hearing and shall be reviewed and, as needed,
reyised on a periodic cycle to take into account changing public policies and
circwnstances, m accord.,with a schedule set forth in the plan. Opportunities
shall be pravidedfor review and comment by citizens and affected governmental
units during preparatiori.': revieW and revision of plans and implementation
ordinances. '
Implementation Measures - are the means Used t~' carry out the plan. Theseare
of two general types: . (l)'management implementation measures such as
. ordinances, regulatjons or project plans, and (2) site or area specific
implementation mei:1sure4 such as permitsand grants for construction,
. . , ' " . . I'
construction of public facilities or provision of services.
The current version of the Metro Plan was last adopted in 2004 (Springfield
(Ordinance No. 6087; Eugene Ordinance No. 20319; and Lane County Ordinance
No. 1197) after nllIli.erouS. public meetings, public workshops and joint hearings
of the Springfield., Eugene and Lane County Planning Commissions and Elected
, Officials,. ,; " .
. Subsequent to these Metrq Plan adoption proceedings, Eugene, Spring:l.ield and
. Lane County considered amendments to Chapter III-G Public Facilities and
. Services Element and Cruipter V Glossary of the Metro Plan; and amendments to
"the Public Facilities and S,ervices Plan by.adding new tables (4a; 4b; 16a) and a
new map (2a) identifying ~er treatment facilities and conveyaiJ.ce systems '
"
in Chapter IT; amended Chapter IV wastewater system condition assessment; and
added a neW Chapter VI Amendments. Th~se amendments were also reviewed at
public meetings, public workshops and joint hearings of theSpring:l.ield., Eugene
and Lane County Planning Commissions. and Elected Officials. These
~endments were appeal~ to LUBA and subsequently some (project list) were
remanded to the elected officials for additional clarification and description of
proj ects aSsociated: with ~e wastewater treatment facility expansion. .The elected
officials adopted these ri:nla.nded amendments in 2006.
The Metro Plan' is ilie"'i~d use" or cnmprehensive plan required by this goal; the
Springfield Development Code and the Lane Code are the "implementation
measures" required by thiS goal. CV~'p""hensive plans, as defined by ORS
197.015(5), must be coordinated with affected governmental units. Coordination.
meanS that co=ents frOIIl affected governmental Units are solicited.and
considered. ..
Goa13 - Agricultural Lapds
Topreserve andmaintain agricultural lands.
. .' .
'....\.1 ~. 'V,~'
(,
Date Received
OCT 0 8 2008
Planner: BJ
~,~. ,. . ,';'.~,
1- .
. ~, .:' :'i ' ~ !""
Staff Report and Findings Page 6
. A'TT A f:\UIU:lIT I: _ I:
\
EXHIBIT 0 - P7
. -7-
. ,.
The changes do not affect Metro Plan or 'p FSP consistency with this goal and it
does not apply within adopted, acknowledged urban growth boundaries. None of
the proposed projects are intended to proyide wastewater servic~ outside the
UGB; the'projects were reco=ended in,the Wastewater Master Plan to "meet
the city of Springfield's projected population and eniployment grow1:h thrOugh the
(2025) planning year."
Goal 4 - Forest Lands I
To consuve forest lands by maintaining the forest land base and to protect the
state 'sforest economy by making possib~e economically efficient forest practices
that assure the continuous growing and lfarvesting of forest tree species as the
. leading use onforest land consistent with sound management of soil, air, water,
'and fish and wildlife resources and to prbvide for recreational opportunities and
agriculture. I'
The changes do not affect Metro Plan or Ip FSP consistency with this goal and it
does not apply within adopted, acknowledged urban groWth boundaries. None of
the proposed projects are intended to prorde waste~ter service outside the
UGB; the projects were reco=ended in the Wastewater Master Plan to "meet
the city of Springfield's projected populdtion and employnient groWth through the
(2025) planning year." . I ,
Goal 5 - Open Spaces, Scenic and Historic Areas, and Natural Resources
To protect natural resources and conseri.e sce~ic and historic areas and open
spaces.
The City has. finished all work required tinder 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 i"U,,,,,~,,J Goal 5 resource sites; none of the
, '
proposed projects were designed or int~ded to allow development to occur
within a protected resource site; thepresbce of urban services does not invalidate
Goal 5 inventories or protection mea.surds even if the new urban service becomes
'available to any of these sites; these Goal 5 sites were identified and i',u;...,,,;.oo
because they qmilifiedunder city or stat~ laws, not because of a lack ofavailable
services. The changes do not affect ackriowledged GoalS inventories so this
I
proposal does not create an inconsistency with the goal.. .
Goal6-Air, Water and Land Resourbes QUality ...., ,
To maintain and improve the quality of the air, water and land resources of the
state. I
. . , Date Receivec
,.;,,,,,~::~0a1 is ~y concerned with co~?liance ~th f~eral.and state
, " envuuomental quality statutes, and howtbis compliancelS achieved aSlCT 08 2008
.' , development proceeds in relationship to iair sheds, river basins and land resources.
p,anner:Bi
I
Staff Report and Findings Page 7 .
I
'.
EXHIBIT D - P8
-8-
The Federal Water Pollution Control Act, pi. 92-500, as amended in 1977,
became known as the Clean Water Act (33 U.S.C.1251 et seq.).The goal of this
Act. was to el;m;m.te the discharge of pollutants into the navigable Wa~. ORS
468B.035 requires the Oregon Environmental Quality Commission (EQC) to
implement the Federal Water Pollution Control Act The.primary method of
implementation of this Act is through the issuance of a National Pollutant
Discharge El;m;n~tion SYstem (NPDES) permit prior to the discharge of any
wastes into the waters of the state. (ORS 468B.050) Among the ''pollutants"
regulated by the EQC are;..=t'....a.~.ire (OAR 340-041-0028) and toxic substances
(OAR 340-041-0033). .
Previously, the Plan waS ammded to ensure that the Metro Plan and the P FSP
accurately reflect regional wastewater system neoos as imposed by Federal and
State regulation. Currently, the P FSP states that "... the Regional' Wastewater
Treatment Plant has sufficient design capacity to acco=odate population
increases and serve> all new development at buildout. " 1bis amendment takes the
next step in bringing the plan current by incorporating those local facilities in
Springfield which are required to adequately and ~fficiently convey sewage to the
Regional Wastewater Treatment Plan for treatment. The proposed amendment is
baSed on the most current draft of a Sanitary Sewer Master Plan Iiow under
preparation for the City. That Plan is anticipated to be adopted by the City of
Springfield in mid-2008. Until ~ time, it is possible that the list of projects may
be amended and, accordingly that the current drafts of the proposed map and table
amendments will be further modified to conform to the provisions of the adopted
Master Plan > .
Goal 7 -Areas Subject to Natural Disasters and Hazards
To protect people and property from natural hazards.
The Metro Plan and the City's development code are acknowledged to be in
'compliance with all applicable statewide land use goals, including Goal 7. The
proposed proj ects are not located within hazard areas nor does their presence have
any affect oJ? existing policies or procedures adopted by the City of Springfield
and applicable in hilzardareas. 1bis Goal is unaffected by the presence or
absence of urban 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 pravide for the siting of necessary recreational facilifi.es
induding destination resorts.
All of the !:'"U !:,used projects are intended to acco=odate future> growth in
. population and employment What is meant, but not stated in 1hiKep~'Ifli. ncept '. .
. .of~ growth in population and ~~loymenf' is that it incl:d1~ab1ecewed
actiVIties as well The Metro Plan antiCIpates up to 32% of reSldential .
, , . . . (DO 08 _
.,
Staff Report and Finding1< Page 8
ATTAnlnu"'u",," r." n .
PB!:t.nnor,.' B' ~ a:
, UJJ II ~111 ~1 I\J!
EXHIBIT D - P9
-9-
designation will be occupied by these ancillary activities: "In the aggregaie, .non-
residential land uses consume "f'.l',uAill1ately 32 percent of buildable residential
land. These non-resident!.al uses include ,churches, day care centers, parks, streets,
schools, and neighborhood commercial."j (page ill-A-4, Metro Plan)
Determination of pipe -sizes and pump capacity includes the presence of these land
uses and in any case, the W111mTl~lane PaI:k and Recreation Master Plan includes
future park sites needed to keep pace with residential growth.
Goal 9 - Economic Developl!1ent , .
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 ad*quate public facilities and services as
necessary for economic development Objective 10, at page III-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
aimexation program and servicing of designated industrial lands in order to have a
sufficient supply of "development ready'1 land. Policy B26, at page ill-B-6,
states: In or4er to provide 10eational choice and to attract new campus industrial
firms to the metropolitan area, Eugene mid Springfield shall place as a high
priority service extension, annexation, arid proper zoning of all designated special
light industrial sites. All of these policieh are served by the proposed amendments
to the Metro Plan and P FSP as these projects are intended to meet futme demand
generated by population and employment growth. Additionally, it is the provision
of key urban services that typically deterbines suitability ofland to be converted
from rural to urban and to be annexed into the city limits: "Land within the UGB
may be converted from urbanizable to urban only through annexation to a city
when it is found that a A minimum levCl of key urban facilities and services can
be provided to the area in an orderly andl efficient maimer; b. There will be a
logical area and time within which 190 d~liver urban services and facilities.
Conversion of urbanizable land to urbani shall also be consistent with the Metro.
Plan," (page ll-C-4, Metro Plan) Each of the 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 Way .and PeaceHealth pump stations in particular will
facilitate co=ercial and industrial development by making availa:ble this
mandatory urban service. ,-
Goal 10 - Housing ,
To provide for the housing needs of citizens of the state. Goal I 0 Planning
Guideline 3 states that "[PJlans should Provide for the appropriate type, location
and phasing of pubic facilities and servi~es sufficient to supportho~!:i _ . d
development in areas presently developed or undergoing develop17lSBfe RecelVf,
redevelopment. " - .
"'".- 000821108 -
. .
Planner: BJ
Staff Report and Findings Page 9
'.
"
. .,/.
EXHIBIT D - P10
. -10-
. OAR 660-008-0010 requires that "[S]ufficient buildable land shall be designated
on the cv.......~,..hensive plan map to satisfy housing needs by type and density
range as det=ined in the housing needs projec1ion." Goal 10 defines buildable
Iands as ".. . landS in urban and urbanizable areas that are suitable, available and
necessary for residential use." 660-008-0005(13), in part, defuies 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, ad~uate public facilities are necessary to ,o"M~plish the
objectives of this goal and applicable ~rlin;n;strative ruIc;s (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 comprehensive
plan. .
.Goalll ....: Public Facilities and Services
To plan and develop a timely, orderly and efficient arrangement of public
facilities and services to serve as aframeworkfor urban and rural development.
. OAR Chapter 660, Division Oil, implements goal I!. OAR 660-011-0030(1)
requires that the public facility plan list the proposed projects and identify the
genera1location of the project on a map. The proposal will add nine projects to
Tables 4 and 16; delete four projects from these same tables in recognition of their
completion or supplanted need; and show the location of all proposed projects on
Map 2: These tables and map are adopted as part of the Metro Plan, but are
located in, and are a part of the P FSP.
OAR 660-011-0035(1) requires that the public facility plan include Ii rough cost
estimate for sewer public facility proj ects identified in the facility plan. In
conformity with this requirement, Table 16 includes rough cost estimates for all
nine proposed projects. These cOsts are derived from the work ~..,:u,.......ed dming
the preparation of the Wastewater Master Plan.
. OAR 6'60-011-0045 requires certain elements of the public facilitY plan to be
adopted as part of the comprehensive plan. These elements include the list of
public facility project titles (Table 4); the map or Written descriptiOJi of the public
facility projects locations or service areas (Map 2); and policies or urban growth
f" '''''\Eement ll& ...........ents designating the provider of each public facility system.
No policy amendments are ,t-',u,t-'used in this action. The notice of proposed
amendment sent to DLCD, the notice of the hearing on these amendments, and
the applicable criteria are consistent with the provisions for a land use decision
and the post-acknowledgment procedures ofORS .197.610.
,.". " . . \':1 ce\\IeO
"'Gcial12 - Transportation ... t"'\t'l~p. ."e'
To provide and encourage a safe, convenient and economic trc!fJJJflJHdtion \)?,
system. . \leI \) % 1\\
v. eJ
?\anne~ .
Staff Report and Findings Page 10
ATTAf\UIU:l.IT I:' 1n
.1 '
I
EXH I B IT 0 - FPll
. -11 '-
The transportation system plan is not dep:endent upon, or infl~enced by the
wastewater system plan.. Land development cannot occur in the absence of
infrastructure and that includes Wastewater and transportation; but neither the
goals nor the OARs require a corollary~ysis of each of these services when the
city is proposing one or both of these plaDs for post-acknowledgement
.. t .
amendment. All of the proposed amendnients are needed to upgrade (expand the
capacity of) existing facilities. In each c~e, the planned transportation facilities
are: 1 already in place; 2 under construction; 3 in design; or, 4 planned. The
changes do 'not affect Metro Plan or PFSP consistency with this goal.
I
Goal 13 - Energy Conservation, ..
To conserve energy. I ..
. 3. Land use planning should, to the maximum extent possible, seek to recycle and
re-use vacant land and those uses which !are not energy efficient, .
All of the projects are upgrades or expan~ the capacity ofexi.sting systems. Such.
a'strategy maximizes the efficiency ofth~ eXisti.D.g system (sunk: cost) arid
provides for infi11 and redevelopment opportunities that couldn't go forward
without these improvements. The changes do not affect Metro Plan or PFSP
consistency. with this goal.' ,
Goal 14 - Urbanization !
To provide for an orderly and efficient rf:ansition from rural to urban land use, to
accommodate. urban population and urban employment inside urban growth
. boundaries, to ensure efficient use oflarid, and to provide for livable
communities. I
The amendments do not affect the existing UGH; they will allow capacity
expansion of existing facilities to enable proj ectt;d planned population and
employment growth through the (2025) planning year. If these upgrades do not
occur, projected population and employment growth will need to be
acco=odated beyond the existing UGH. The proposed amendments will
potentially delay when UGH adjustments must be taken and may reduce the
acreage necessary to acco=odate projected growth. The changes do not affect
Metro Plan or PFSP consistency with this goal. '. .
Goal 15 - Willamette River Greenway
To protect, conserve, enhance and rrzaintain the natural, scenic, historical,
agricultiiraI, economic and recreational qualities aflands along the Willamette
. I .
. River as the Willamette R;iver Greenway, .
There are two projects in proximity to the Willamette River: N~~l!aW3 _ .
Harbor Drive pump stations. The presence of these facilities, anI!At~eIVe( I
upgrades, will allow planned development of these areas to occur, but not at the
, exclusion of any other rules or standards that may be applicable to ev&~8
Staff Report and Findings Page 11
Planner: .BJ
, .1
.
EXHIBIT D - P12
, -12-
development For example, development within the Greenway Boundary is
permitted but is subject to SDC 3.3-300 regardless of the presence or absence of
infrastructure. The changes do not affect Metro Plan or P FSP consistency with
this goal. '
Goal 16 Estuarine Resources, Goal 17 Coastal ShoreIands, Goal 18 Beaches
and Dunes, and Goal 19 Ocean Resources
These go$ danot apply to the Eugene~Springfield MetropolitanArea
(b) Adoption of the amendment must not make the Metro Plan internally
inconsistent.
The project Iists and maps contained in the PFSP were adopted as part of the
Metr~ Plan in 2004 and 2006. The project ~ 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 am!lIldments
include pump stations and pipes 24 inches or large, project descriptions, and .
changes to the map to show the general location of each project. These same
amendments are applied to the same project lists (Tables 4 and 16) and maps
(Map 2) in the PFSP that are specifically adopted as part of the Metro Plan. This
action constitutes the quintessential test of consistency. The proposed changes, as
presented, will not u.'""~ internal inconsistencies within the Metro Plan. .
In addition to the foregoing, the proposed 3I;Jlendments are consistent with the
following Metro Plan policies:
"Extend the minimum level and full range of key urban facilities and services in
an orderly and efficient manner consistent with the groWth management policies
in Chapter 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 of water, wastewater, stormwater, and electrical
projects in the metropolitan area. Use local facility master plans, refinement
plans, and ordinances as the guide for detailed planning and project
implementation. " (page ill-G-4, policy G2)
"Modifications and additions to or deletions from the project Iists in the Public
Facilities and Services Plan for water, wastewater, and ~~u.=,,'llter 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 MetroPlan..." (page
'ill~G-4,policyG.3) Datf:') [':"''')''''''::':~Jed.
l'<~ti,"b .".; ;;"~ ~. .~ ~'6' II i,~...J.....\..y''j '.
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U I U j 2008
StaffR.eport and Findings Page 12
A TT A'I"UllI:MT l: _ 1?
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. ",'~If~.1" III
I
.,
.'
EXHIBIT D - 1'13
-13 -
" "Use annexation, provision of adequate public facilities and services, rezoning,
redevelopment and infi1l to meet the 20"yeaiprojected housing dP.TTlllnn " (page
iII-A-S, policy A4) .
"Endeavor to provide key urban services I and facilities required to maintain a five-
year supply ofserviced, buildable residential land. " (page III-A-6, policy AT)
. . I
"Coordinate higher density residential development with the provision of
adequate infrastructure and services, opeP-o space, and other urban amenities."
(page III-A-7, policy A12) .
"Coordiriate local residential land use an!i housing planning with other elements
of this plan, including public facilities and services, and other local plans, to
ensure consistency among policies." (p~e III-A-13, policy A.3S) "
,
!
" I
i
I
.
Date Receivec
OCT 08 2008
Planner:
81
Staff Report and Findings Page 13
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