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HomeMy WebLinkAboutOrdinance 5688 05/17/1993 '. ORDINANCE NO. 5688 AN ORDINANCE AMENDING THE EUGENE-SPRINGFIELD METROPOLITAN AREA GENERAL PLAN DIAGRAM TO INCLUDE PROPERTY LOCATED ON THE EAST SIDE OF SPRING BOULEVARD IN THE URBAN GROVTH BOUNDARY; TO DESIGNATE THE PROPERTY LOV DENSITY RESIDENTIAL AND , ADOPTING A SEVERABI~tTY CLAUSE. The City Council of the City of Springfield finds as follows: 1. The Cities of Springfield, Eugene and Lane County initiated an update amendment to the Eugene-Springfield Metropoli tan' Area General Plan (Metro Plan) pertaining to the inclusion of property inside the urban growth boundary and designation on the Metro Plan diagram as low density residential use (Ci ty of Eugene: Vajgert/Rossi).' The property is locatedori the east side of Spring Boulevard and consists of approximately 0.72 acres~ 2. Adoption of this proposed amendment has been recommended by the Springfield, Eugene and Lane County Planning Commissions following their joint public hearing on March 16, 1993. 3. Notice of the public hearings before the Planning Commission and Ci ty Council were published in a local newspaper of general circulation in conformance with the provisions of the Springfield Development Code Section 14.030. 4. The proposed plan amendment is consistent with relevant Statewide Planning Goals except where an exception to those Goals is necessary; the criteria required for taking an exception to the Statewide Planning Goals; applicable . policies of the Metro Plan; and the procedure required to effect a Metro Plan update amendment, as reflected in Exhibit A attached hereto and incorporated herein by reference. NOll, THEREFORE, THE CITY OF SPRINGFIELD DOES ORDAIN AS FOLLOllS: Section 1. The findings set forth above and incorporated herein by reference and the findings contained in Exhibit A attached hereto and incorporated herein are adopted. Section 2. The Metro Plan diagram is amended to include in the urban growth boundary a portion of Tax Lot 3700, Assessor's Map 18-03-16-20 and designated the property on the Metro Plan Diagram for low density residential use. Section 3. These Metro Plan amendments shall become effective when identical amendments have been adopted by Lane County and the City of Eugene. Section 4. If any section, subsection, sentence, clause, phrase or portion of the Ordinance is for any reason held invalid or unconsti tutional by a court of competent jurisdiction, such portion shall be deemed a separate, distinct, and independent provision and such holding shall not affect the validity of the ,remaining portions hereof. ' . ~TTACHMENT 2 Ordinance"No. 5688 Page 2 . 17th ADOPTED by the Common Council of the City of Springfield this May , 1993, by a vote of 6 in favor and 0 against. APPROVED by the Mayor of the Ci ty of Springfield this 17th day of : :May 1993. . &/~~~/--d Mayor , ATTEST: ~~~ Ci ty Recordert . . day of . EXHmIT A Findings in support of the Ordinance amending the Eugene-Springfield Metropolitan Area General Plan. (City of Eugene: Vajgert/Rossi) Findings of Fact . Location: Tax Lot 3700--Assessor's Map 18-03-16-2 0, 4355 Spring Boulevard Size: 31,500 feet (140 feet deep and 225 feet wide) Land Use: Single-Family Residential Metro Plan Designation: Parks and Open Space Urban Growth Boundary Location: The adopted urban growth boundary in this vicinity is located 160 feet east of Spring Boulevard right-of-way, running in a north-south direction. Lane County Zoning: F-2 Forest Land District Vegetation: Mixed conifer and deciduous, thinned for house construction Soils: Class V thru VIII, non-agricultural Surrounding Land Uses: Mostly vacant to the south, east and west; single family residential further to the north on Spring Boulevard. Public Facilities. Services and Utilities: Phone provided by US West Communications. Electricity provided by Lane Electric Cooperative. No municipal water provided to site at present. Water service by Lane Electric Cooperative available approximately two blocks to the north on Spring Boulevard. Sewers provided by on-site septic field. Municipal sewer service available approximately two blocks to the north on Spring Boulevard. Storm drainage provided to the north in developed Spring Boulevard. Police protection provided to subject site by Lane County Sheriff. City police protection provided to land inside city limits to the north on Spring Boulevard. No structural fire protection to residence at present time. Fire protection for forested land provided by State Forestry. Eugene fire protection provided inside the city limits to the north on Spring Boulevard. Transportation: Access to the subject lot provided via Spring Boulevard which is classified as a collector. The portion of Spring Boulevard adjacent to the subject site is unimproved. Future vehicular access planned via East 43rd to North Shasta Loop. East 43rd is currently unimproved. The amendment is consistent with relevant statewide planning goals adopted by the Land Conservation and Development Commission. . Goall - Citizen Involvement: The process for a Metro Plan amendment contains a citizen involvement process which includes: notification of affected public services agencies and Exhibit A - Findings - 1 . . . utilities as well as affected neighborhood groups in the vicinity of the request; mailed notice of the proposed plan amendment at least 20 days prior to the public hearing to all residents and property owners within 300 feet of the request; a public hearing before the Joint planning commissions of Eugene, Springfield, and Lane County and Eugene and Springfield City Councils and Lane County Board of Commissioners. Goal 2 - Land Use Planning: State goals require that the metropolitan area use the urban growth boundary for development needs during the planning period of the Metro Plan (Goal 14). Because the proposed Urban Growth Boundary change is contrary to this goal, an "exception" needs to be taken to Statewide Goal 14 - Urbanization. This exception requires an analysis of the following four factors: Factor 1: Reasons justify why the state policy embodied in the applicable goal should not apply (This factor can be satisfied by compliance with the seven factors in Goal 14). The findings and conclusions outlined later in this evaluation under Goal 14 are applicable to this criteria. Factor 2: Areas which do not require a new exception cannot reasonably accommodate the use. This criterion addresses the need to examine alternative areas that could reasonably accommodate the use within the urban growth boundary. As indicated earlier, this request is not based on a "need" for additional land inside the urban growth boundary. This request is based on the location of this residence and the desire to rectify the improper issuance of a building permit. Based on other criteria in this evaluation, it has been found that key urban services can be extended to this property and the addition of this area inside the urban growth boundary will not result in any greater impacts in the vicinity. Factor 3: The long-term environmental, economic, social, and energy consequences resulting from the use at the proposed site with measures designed to reduce adverse impacts are not significantly more adverse than typically would result from the same proposal being located in areas requiring a goal exception other than the proposed site. The findings required under this criterion are minimized due to the fact that the property is already developed and committed to urban use. The impact of this request in terms of the various factors is minimal and in some ways lessened by approval of the request. The environmental impacts may be less in the future in that the property will come under the requirements of the adopted South Hills Study, which has as its main objective preservation of the ridge line environment. The only perceived economic impact is site specific, in that the current owner is at risk without adequate provision of public services, especially fire Exhibit A - Findings - 2 . . . protection for the residence. The staff cannot find any social impacts of the request, given the existing developed nature of the site. The energy consequences are also minimized in that all needed public facilities and service can be extended to the site at no additional expense other than by the property owner. When this request is compared with other sites outside the urban growth boundary that may be in similar circumstances, it appears that the impacts of this proposal are not likely to be any greater. Factor 4: The proposed uses are compatible with other adjacent uses or will be so rendered through measures designed to reduce adverse impacts. The existing residence is similar to other existing and planned low-density residential development in the area. Given the fact that the area of this request is developed, the request will not result in any future development that will have impact on adjacent uses. Goal 3 - Agricultural Lands: The area of this request is not located on agricultural lands and no findings are required under this goal. Goal 4 . Forest Lands: The area of this request is designated in the Metropolitan General Plan as Parks and Open Space and is not designated as forest land as are other rural lands further to the east. As noted in the findings of fact, the subject property is occupied by an existing single-family residence and has been cleared of major vegetation. This property is thus built upon, and further removed from being available for forest resource use. Goal 5 - Open Spaces, Scenic and Historic Areas and Natural Resources: The area of this request is designated in the Metro Plan as Parks and Open Space. This designation reflects a plan policy in this area to preserve the scenic quality of the south hills ridge line area as called for in the South Hills Study. In certain portions of the south Eugene hills, the City has acquired park land for permanent preservation and in other portions of the hills, development must follow the applicable policies of the South Hills Study that require new development to be sensitive to the existing tree-lined character of the ridge line. If this property is included in the urban growth boundary, it will be subject to the policies of the South Hills Study. Goal 6 - Air, Water, and Land Resources Quality: The subject area with the existing single-family residence is not served by a storm drainage system. If the property is included in the urban growth boundary, there may be the opportunity for extension of storm drainage facilities to serve this area. Goal 7 - Areas Subject to Natural Disasters and Hazards: A review of the Natural Assets and Constraints working papers of the Metro Plan do not Exhibit A - Findings - 3 . . . show any evidence of on-site conditions of geological instability or other soils hazards. As part of future review of development applications under the South Hills Study, a more detailed review of soils conditions and appropriate safeguards for development will be undertaken. Goal 8 - Recreational Needs: This goal is to provide needed recreational facilities for citizens and appropriate siting of recreational facilities. As indicated in the findings of fact, this site is designated Parks and Open Space in the Metro Plan. This designation is explained in the Metro Plan Diagram as follows: This designation includes existing publicly owned Metropolitan and regional scale parks and publicly and privately owned golf courses and cemeteries in recognition of their role as visual open space. This designation includes other privately owned lands in response to Plan policies, such as along the WiIlamette River Greenway, the South Hills Ridge line...(page III-E-9) The designation as Parks and Open Space on privately owned land is not to indicate its future as a park site. From the above Metro Plan text description, lands designated as park sites are limited to existing parks of a regional or metropolitan scale. The Parks and Open Space designation for this property is recognition of the policy direction for the south hills area and especially the ridge line area. The findings under Goal 5 are applicable under this goal. Goal 9 - Economic Development: The proposed Metro Plan amendment is for designation of residential land, and findings under Goal 9, which relates to economic development and industrial and commercial lands, are not applicable to this request. Goal 10 - Housing: The addition of this area inside the urban growth boundary is to rectify an error in issuance of a building permit on the portion of the legal tax lot located outside the urban growth boundary. Inclusion of this area will not increase or affect the supply of residential land supply since it is already developed. Goal 11 . Public Facilities and Services: As indicated in the findings of fact, these public facilities and services can be extended south along Spring Boulevard as development occurs in a sequential manner. Specific services that could be extended to this site include fire and police protection, water service, Exhibit A - Findings - 4 . and sanitary and storm sewers. Goal 12 - Transportation: The addition of this property with one single-family residence will not alter the need for transportation facilities in this area. Spring Boulevard is classified as a residential collector and provides the only vehicular access to this area. Plans are underway for the extension of East 43rd Avenue west down the hill connecting to North Shasta Loop and eventually Amazon Drive. As future vacant land in this area is proposed for development, the improvement of East 43rd Avenue will become more critical. Goal 13 - Energy Conservation: The inclusion of this residential area inside the Urban Growth Boundary will not affect energy conseIVation in any manner since no further development, other than remodeling, is likely on the area of this request. . Goal 14 - Urbanization: This goal which provides for an orderly and efficient transition from rural to urban land use, requires that changes to the urban growth boundary must be based on consideration of factors in the Goal which are listed below. The first two factors are considered factors of "need" for additional land inside the urban growth boundary. In this case, given the fact that the property is already developed and committed to an urban use, the "need" factors in Goal 14 do not apply. Demonstrated need to accommodate long-range urban population growth requirements consistent with LCDC goals; The property has been found to be committed to an urban use and findings under this need factor are not required. Needs for housing, employment opportunities, and livability; The property has been found to be committed to an urban use and findings under this need factor are not required. Orderly and economic provision for public facilities and services; The findings of fact relating to the location and availability of key urban services apply to this factor. If this property is brought into the urban growth boundary, a full range of key urban services are available and can be extended to seIVe this property upon annexation. This includes fire and police protection, improved streets and storm sewers, water service, and sanitary sewers. . Exhibit A - Findings - 5 . . . ,. Maximum efficiency of land uses within and on the fringe of the existing urban areas; As noted in the findings of fact, the adopted urban growth boundary of the Metropolitan , Plan along Spring Boulevard in this vicinity is 160 feet east of the right of way. The addition of this area inside the urban growth boundary will not materially alter the character of the area or the efficiency of land uses along the fringe of the urban area. Environmental, energy, economic and social consequences; Generally, the environmental, energy, economic, and social consequences of this proposal are almost negligible. The most notable impact of this request would be any precedent it may set for consideration of other properties being included in the urban growth boundary in this area. The Eugene City Council in initiating this request was specific about the facts of this case and the need to rectify an error caused by Eugene. In terms of energy efficiency, the subject area is close to an existing residential collector street and the addition of this property inside the urban growth boundary will not noticeably increase the demand for added transportation facilities. There do not appear to be any social impacts associated with this request. The most significant economic impact is the cost of extending public services to this property. As noted in the fmdings of facts and other portions of this evaluation, these services and facilities can be extended with no additional costs to the public. Retention of agricultural land as defined with Class I being the highest priority for retention and Class VI the lowest priority; and The area of this Metro Plan request is not classified as having agricultural soils or land and thus retention of agricultural land is not applicable to this request. Compatibility of proposed urban uses with nearby agricultural activities. There are no agricultural uses in the vicinity to this request. The surrounding land inside the urban growth boundary is designated for low-density residential use. Other lands nearby located outside the urban growth boundary are designated either Parks and Open Space or Forest Land. Goal 15 - WilIamette River Greenway: The area of this request is not located in the Willamette River Greenway and no findings are required under this goal. Adoption of the amendment must not make the Metropolitan Plan internally inconsistent. Exhibit A - Findings - 6 . . . The Fundamental Principles of the Plan in Chapter II contain the following policies that are applicable to this request: Policy 6 - Conversion of rural and rural agricultural land to urbanizable land through Plan amendments expanding the projected urban service area shall be consistent with mandatory statewide planning standards (goals). Page II-B-4 The previous findings under the statewide planning goals show conformance with this policy. Policy 21 - Cities shall not extend water or sanitary sewer service outside City limits to serve a residence or business without first obtaining a valid "triple majority" annexation petition, a consent to annex agreement, or a health hazard annexation. As indicated earlier, the subject property and residence are located outside the urban growth boundary and have need for City services, including water and sanitary sewer service. Given these circumstances, the property cannot meet the standards of the above policy. Inclusion of the request inside the urban growth boundary will allow this service extension under the standards of the policy. The locational factors for establishment of the existing metropolitan urban growth boundary in this area are based on the following: protection of forest lands; ridge line (drainage basin); orderly and economic public services; existing development and services; and, meeting the housing goals. Page II-E-21 Based on this direction in the Plan text, the following conclusions can be made about this request: 1. The area of this request is committed to urban use and is not classified as forest land. 2. The area proposed for inclusion in the urban growth boundary is only 140 feet beyond the existing boundary and does not represent a major departure from using the drainage basin and ridge line as the margin to the urban growth boundary. 3. As indicated earlier, a full range of City urban services can be extended in a sequential manner to serve this property, with no additional public expense or capacity limitations. 4. The existing housing and urban development in this vicinity is located inside the urban growth boundary and inclusion of this residence would create a similar pattern. Exhibit A - Findings - 7 . . . ,- . . The amendment is not a plan update amendment, unless the amendment has been initiated by the governing bodies of the cities of Eugene, Springfield, and Lane County. The subject amendment has been initiated by the Eugene and Springfield city councils, and Lane County Board of Commissioners as a government-initiated plan amendment. Exhibit A - Findings - 8