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HomeMy WebLinkAboutOrdinance 6245 09/21/2009 ORDINANCE NO. 6245 - 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 6, TABLE 18, TABLE 19, MAP 3, AND MAP 8 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 amendment ofthe 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 Development Code; and WHEREAS, the Metro Plan identifies the Eugene-Springfield Metropolitan Area Public Facilities and Services Plan (Public Facilities and Services Plan) as a refinement plan which forms the basis for the Public Facilities and Services Element of the Metro Plan and guides the provision of public facilities and services in the metropolitan area; and WHEREAS, the Public Facilities and Service$ Plan serves the goals, objectives and policies of the Metro Plan by addressing the provision of public facilities and services within the urban growth boundary (UGB), services to areas outside the UGB, locating and managing public facilities outside the UGB, and financing public facilities; and WHEREAS, the current Eugene-Springfield Metropolitan Area Public Facilities and Services Plan, adopted in 2001 and amended in 2004,2006 and in 2008, is in need of modification to update the significant stormwater management projects that have been completed, eliminated, or re-configured as detailed in the City's recently adopted Storm water Facility Master Plan; and WHEREAS, at the conclusion of a joint public hearing with the Lane County Planning Commission on June 30, 2009, the Springfield Planning Commission recommended the Eugene- Springfield Metropolitan Area Public Facilities and Services Plan, Table 6, Table 18, Table 19, Map 3, and Map 8 be amended to reflect completed, eliminated and modified stormwater management projects, 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 Council conducted ajoint public hearing on this amendment on July 22, 2009, with the Lane County Board of Commissioners, and is now ready to take action based upon the above recommendations and evidence and testimony already in the record as well as the evidence and testimony presented at the joint elected officials public hearing; and WHEREAS, substantial evidence exists within the record demonstrating that the proposal meets the requirements of the Metro Plan, Springfield Development Code, and applicable state and local law as described in findings attached as Exhibit C, and which are adopted in support of this Ordinance. NOW, THEREFORE, the Common Council of the City of Springfield does ordain as follows: Section 1: The Eugene-Springfield Metropolitan Area Public Facilities and Services Plan (PFSP) is modified and amended to insert the map and table changes or additions as set forth in Exhibit A, Exhibit B, and Exhibit C attached and incorporated herein which amendments are hereby adopted. Section 2: The Public Facilities and Services Element (Section III-G) of the Eugene- Springfield Metropolitan Area General Plan (Metro Plan) is modified and amended consistent with Policy G.3 and as set forth in Exhibit A, Exhibit B, and Exhibit C attached and incorporated herein, which amendments are hereby adopted. Section 3: The findings set forth in attached Exhibit D are adopted as findings in support of this Ordinance. Section 4: If any section, subsection, sentence, clause, phrase or portion of this Ordinance is for any reason held invalid or unconstitutional by a court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portions thereof. Section 5: This ordinance shall become effective upon passage by the Common Council and approval by the Mayor, or upon the date of its acknowledgement as provided by ORS 197.625, whichever date is later, provided that by that date the Lane County Board of Commissioners has adopted an ordinance containing identical provisions to those described in Sections 1 and 2 of this Ordinance. Adopted by the Common Council of the City of Springfield this 21 s tday of ~, 2009 by a vote of ~in favor and ~against. Approved by the Mayor of the City of ATTEST: REV!EWED & APPROVED AS TO FORM ,k",,",y\ j L~ DATE: -S-lll l 0 OFFICE OF CITY AT'TORNEY ORDINANCE NO. 6245 100 101 102 103 104 105 106 107 108 109 110 111-A ll1-B 112 113 114 115 116 117 118 119 120 121 122 123 200-A 200-B 200-C 200-D 200-E 200-F 200-G Table 6 City of Springfield Stormwater System Improvement Projects new intake Hi way 126/I-105 draina e im rovements Cedar Creek: 69 Cedar Creek: 72 Glenwood Channel & Pi e 1m rovements Gra Creek Channel & Pi e 1m rovements Jas er Natron Channel & Pi e 1m rovements Channel 6 Detention Pond, Channel & Pipe 1m rovements 59th & Aster and Dais Street Parallel Pi e Irvin Slou h Channel 1m rovements North Gateway - Sports Way Flood Control Water Quali Facili McKenzie Forest Products Mill Pond Water Quality Facili Central Over-Under Channel & Pi e 1m rovements Island Park Water Quali Facili 69 Street 0 en Channel Lower Mill Race Water Quality & Riparian Enhancements Lon -Term Cedar Creek: Outfal1'Detention at Lively Park&1cKenzie River Cedar Creek: Thurston Middle School Char.nel Cedar Creek: 66 Street Outfall Cedar Creek: 75 Street Outfall Cedar Creek: Diversion S stem Cedar Creek: East Thurston RoadIHwy 126 Outfall and Associated Pi in EXHIBIT A - P1 n/a n/a n/a n/a 1 2 3 4 5 6 10 12 15 16 18 21 EXHI-BIT A - P2 Table 6 Continued City of Springfield Stormwater System Improvement Projects 201 202 203 204 205 206 n/a 207 208 209 210 n/a 211 n/a 212 24 213 26 214 27 215 28 216 29 217 31 218 32 219 33 220 34 221 37 222 42 223 43 EXHIBIT B - P1 Table 18 City of Springfield Stormwater System Improvements, Estimated Costs, and Timing 100 400 2008-2013 101 1,500 2008-2013 102 150 2008-2013 103 500 2008-2013 104 Jas er Slou h Outfall 210 2008-2013 105 20th Street Outfall 350 2008-2013 106 TStreet DeteatioR Pond 150 2008-2013 107 300 2008-2013 108 Mill Race Enhancements, including new n/a 7,800 2008-2013 intake 109 Jasper/Natroa Outfalls aad associated pipe 1,500 2008-2013 systems 110 H 126/I-105 Draina elm rovements n/a 640 2008-2013 l11-A Cedar Creek: 69 Street Channel 500 2008-2013 I11-B Cedar Creek: 72 Street Channel 250 2008-2013 112 1 4,670 2008-2013 113 2 4,650 2008-2013 114 3 2,800 2008-2013 115 4 1,250 2008-2013 116 5 2,100 2008-2013 117 6 2,150 2008-2013 118 10 520 2008-2013 119 12 60 2008-2013 120 15 2,500 2008-2013 121 16 60 2008-2013 122 18 2,500 2008':'2013 123 21 60 2008-2013 EXHIBIT B - P2 Table 18 City of Springfield Stormwater System Improvements, Estimated Costs, and Timing (continued) Lon -Term 200-A Cedar Creek: OutfalllDetefltioH at Lively 250 2005-2010 Park/McKenzie Ri'/er 200-B Cedar Creek: TlRH'ston Miadle School 100 2005-2010 200-C 450 2005-2010 200-D 250 2005-2010 200-E 1,500 2005-2010 200-F n/a 2,100 2010+ 200-G n/a 350 2010+ 201 n/a 570 2013-2018 202 n/a 570 2010+ 203 n/a 1,425 2013-2018 204 n/a 420 2013-2018 205 300 2013-2018 206 n/a 140 2013-2018 207 150 2013-2018 208 250 2013-2018 209 250 2013-2018 210 n/a 500 2013-2018 211 n/a 500 2013-2018 212 24 300 2013-2018 213 26 1,610 2013-2018 214 27 200 2013-2018 215 28 500 2013-2018 216 29 500 2013-2018 217 31 200 2013-2018 218 32 60 2013-2018 219 33 30 2013-2018 220 34 240 2013-2018 221 37 350 2013-2018 222 42 200 2013-2018 223 43 250 2013-2018 EXHIBIT B - P3 Table 19 Existing Financing Sources User fees Assess- Develop- Property Dlents Dlent tax fees Grants/ loans Bonds Short- term debt Private finance Water EWEB O&M X Rehabilitation X X X. X Expansion X X X X X SUB O&M X Rehabilitation X X Expansion X X X Rainbow O&M X Rehabilitation X Expansion X X Wastewater City of Eueene O&M X Rehabilitation X X X X Expansion X X X X X X X X City of Sprine:field O&M X Rehabilitation X X X . Expansion X X X X X X X X MWMC O&M X Rehabilitation X X Expansion X X X Stormwater City of Eue:ene O&M X Rehabilitation X X X Expansion X X X City of Sprine:field O&M X Rehabilitation X X X X X Expansion X X X X X X X X Lane County O&M Rehabilitation X Expansion X Map 8 Eugene-Springfield Public Facilities and Services Plan Public Service Availability in the Eugene-Springfield Metropolitan Area h!':!."t.6 ':i '; \ '~c- Key CJ r-~ Ocr- 1- J- :... ~~ ~~ Key City Limits Urban Growth Boundary . Water Wastewater ,\ \\ l, 5tormwater Electric '6><; 'b~ "'';. ~~ ~ ~I~ ~..~ 1 (f ''\ '. 5hort-Term (0,5 years): 5hort.term areas art: development- ready 5itee 85 well a5 areas that will or can 11e= provided with service withln'the next five yt;ar~. (I.e., proJecta lie-tea in capttal improvement plans or area!!; where: eervice can pe extended \lpon development). __...........-:i Long-Term (6-20 years): _ Long.term area!,; arc affected P.i !leMet: con6tralnt5 aM c.annat be served in the 5hort term. ----~!C'~ ~l }; I ) I I L "'" '''>t 1-5 o Io......d 5cale ~. North --r October 2008 .2 B miles m >< :T C" ;:;: (') I ~ Map Produced by LCOG Stormwater project!! for thl& are. c::::J will t:le k1entlfi~~ through a ~h:~~ ~~~:::;tE~;:::~~~I;~n;:~:: ~~~::t~n:~:::~1 EnJ/JMqtlred 5ptG1eg Act. In addition. impl!lmer\t~ propoe~ Me=trD PISM f'oliGy G. 18. ~hrch call<b for the cities lIM La"" Count.:,1 to adopt ~ &tI'"A~ W addre&& ep~1G t1tarmwatu 166U~ b'etwrlen the Cit.y Ilmit6 ;and the UGf3. Map 3 Eugene-Springfield Publ_ic Facilities and.Services Plan Planned Stormwater Facilities Projects are described in Tables 5 and 6. .~ .. \~ Key '~ll,.' \.5 I ~ . ClC> Drainag,,/Channellmprovement5 ana/or Piping Systems 36~ or larger o . Proposed _Detention POna'5 c:::J City Limits UGB Metro Plan Bounaar)' IJ. o Proposea Outfall", Proposed Water Quality' ProJect", Waterways ana Open Sy"'tems . ProJects -.. .-( ~ ~ ) -', , J f _",0"- l- _,~;,j...~~;\26 202 .~ North -r- / / Notes: 1. Facilitie~ 6hown outside: the UGB cannot l;1~ located as 5ho.vn without fir~t obt.slnl~ Lane: County land U5e 8pprovsl. Octo!>er 2008 2. lht: gt:MtrsIIOGatlone. of facilitie5 art ShOM1 on thl6 m8p. Exact project locations are determined through local prOCe5Se5. o b..........d 2 3mUo'm >< ~ a: ;::+ 5cale Map Produced by LCOG (") I N EXHIBIT D - P1 Staff Report and Findings of Compliance with the Metro Plan and Statewide Goals and Administrative Rules File LRP 2008-00016 Amendments to the Metro Plan and Public Facilities and Services Plan Aoplicant City of Springfield, Public Works Department Nature of the Aoolication The applicant proposes to amend the Eugene-Springfield Metropolitan Area General Plan (Metro Plan) and the Public Facilities and Services Plan (PFSP) to: (1) add 24 significant projects to Table 6 of the Public Facilities and Services Plan including those with stormwater lines 36-inches in diameter or larger, detention basins, water quality facilities, or new outfalls; (2) delete three projects from Table 6 that have been completed; (3) modify 15 projects on Table 6 that have been re-configured or eliminated; (4) modify 18 projects on Table 18 that have been re-configured or eliminated; (5) modify Table 19 to reflect the current available funding sources for the stonnwater projects; and, (6) update Map 3 and Map 8 in the Public Facilities and Services Plan to indicate the general location of the projects added to or removed from Table 6. The proposed amendments are consistent with the City of Springfield's recently-adopted Stormwater Facility Master Plan, which updates and improves upon previous master plans for the city's stormwater management system. Bac~round 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 facilities plan for the area within the city's urban growth boundary. The public facilities plan is a support document or documents to a comprehensive plan. Certain elements of the public facility plan also shall be adopted as part of the comprehensive plan; these elements include a list of public facility project titles (excluding the descriptions or specifications of those projects if so desired by the jurisdiction); a map or written description of the public facility projects' locations or service areas; and the policies or urban growth management agreement designating the provider of each public facility system (OAR 660-011-0045). In 2001, the governing bodies of Eugene, Springfield and Lane County repealed the 1987 Public Facilities and Services Plan and replaced it with the Eugene-Springfield Metropolitan Area Public Facilities and Services Plan, December 2001 (subtitled: A Refinement Plan of the Eugene-Springfield Metropolitan Area General Plan). One of the results of this action is described in the PFSP as follows: "Chapter II of this plan recommends text amendments to the Metro Plan which are adopted as part of, and are incorporated into, the Metro Plan. The project lists and maps in Chapter II are also adopted as part of the Metro Plan but are physically located in this refmement plan. If there are any inconsistencies betweenthis plan and the Metro Plan, the Metro Plan prevails" (page 1, Introduction, PFSP). This text confirms that the Public Facilities and Services Plan is a refmement plan ofthe Metro Plan; that both the PFSP and the Metro Plan "co-adopted" the project lists, maps and policies as required by EXHIBIT D - P2 OAR 660-011-0045; that the project lists and maps do not physically appear in the published Metro Plan but, instead, are to be found in the PFSP; and that amendment of the project list, maps or policies, require identical amendment to both documents if changes are made because they are co-adopted into both the Metro Plan and PFSP. The City of Springfield adopted a new Stormwater Facility Master Plan in 2008. The Stormwater Facility Master Plan is intended to supplement - but not replace - the policies and provisions of the adopted Public Facilities and Services Plan. Therefore, all recommendations of the adopted Stormwater Facility Master Plan do not have to be incorporated into the PFSP. However, certain recommendations and 24 proposed and completed Capital Improvement Projects are considered significant by Oregon Administrative Rule 660-011-0045; these projects require amendments to the adopted PFSP. On October 20, 2008, Springfield City Council initiated site-specific amendments to the adopted Metro Plan and PFSP to add, modify or remove various stormwater management system projects within Springfield's urban growth boundary (UGB), consistent with the recommendations contained in the recently completed Stormwater Facility Master Plan. The adopted Stormwater Facility Master Plan improves upon the existing master plans and supplements the PFSP by implementing Policy G.3 of the Metro Plan: "Use local facility master plans, refmement plans, and ordinances as the guide for detailed planning and project implementation". The adopted Stormwater Facility Master Plan recommends the addition of24 significant projects to the PFSP project list. These significant projects include those with pipes greater than 36-inches in diameter, detention basins, water quality facilities, or new outfal1s. Three projects on the PFSP list have been completed, and 15 projects have been reconfigured or eliminated. The completed and eliminated projects should be removed from the PFSP tables and maps. All of these projects are part of the City's stormwater management system, but may drain areas extending outside the UGB or discharge to waterways that pass outside the UGB. Notwithstanding the single jurisdiction service purpose of these new projects, the Metro Plan (page V-4, Public facility projects: (c) Stormwater) requires all drainage/channel improvements and/or piping systems 36-inches or larger, proposed detention ponds, outfalls, water quality projects, and waterways and open systems to be identified in the project lists and maps. Because the Metro Plan "prevails" if there are any inconsistencies between the Metro Plan and the PFSP, the PFSP project lists and maps must show the significant projects. Stormwater Facility Master Plan - 2008 The City's Stormwater Facility Master Plan is a citywide public infrastructure plan that evaluates existing and future demand on" the stormwater management system within the current urban growth boundary (UGB) including some contiguous drainage areas outside the UGB, and makes recommendations for system improvements (capacity, water quality protection, and efficiency). The Stormwater Facility Master Plan was initiated by City Council to update and replace various stormwater master plans prepared nearly 30 years ago, and to assist in the implementation of recommendations prepared by URS Corp for updating and improving the City's stormwater management system. The City's Stormwater Facility Master Plan is not a substitute for the stormwater systems planning that appears in Chapter III 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 EXHIBIT 0 - P3 requirements relate to other public facilities planning that may be prepared by cities and authorized service providers: "(3) It is not the purpose of this division to cause duplication of or to supplant existing applicable facility plans and programs. Where all or part of an acknowledged comprehensive plan, facility master plan either of the local jurisdiction or appropriate special district, capital improvement program, regional functional plan, similar plan or any combination of such plans meets all or some of the requirements of this division, those plans, or programs may be incorporated by reference into the public facility plan required by this division. Only those referenced portions of such documents shall be considered to be a part of the public facility plan and shall be subject to the administrative procedures of this divisions and ORS Chapter 197." This rule provision is intended to allow cities to adopt existing public facilities documents, rather than prepare new ones, where those documents satisfY the standards of OAR 660-011. This rule provision does not invalidate other elements of these local planning efforts that do not address provisions of the rule; it simply qualifies those elements of local planning documents that can be used to meet this rule and, in so.doing, obligates such elements to the requirements ofORS 197 (goals compliance; post- acknowledgment plan amendment procedures). The City is not proposing to reference any elements of the Stormwater Facility Master Plan as provided in OAR 660-011-0010, but does contend that the development and application of the Stormwater Facility Master Plan is consistent with the following Metro Plan policy: "G.2 Use the plannedfacilities maps of the Public Facilities and Services Planfor water, wastewater, stormwater, and electrical projects in the metropolitan area. Use local facility master vlans. refinement plans, and ordinances as the guide for detailed planning and project implementation. " [Emphasis added] The Stormwater Facility Master Plan recommends a variety ofprojects and programs to achieve the primary objective of the plan, which is "to provide a guiding document in order to plan for more comprehensive, efficient, and multi-objective management of the city's stormwater resources". The adopted Stormwater Facility Master Plan also describes proposed capital improvement projects (CIPs) for flood control and water quality, and recommends changes to existing stormwater standards and codes that will support the implementation of Springfield's goals and policies related to stormwater management. The following project recommendations need to be included in the lists and maps in the Metro Plan and PFSP: For inclusion in Table 6: Project #112 - Glenwood Channel and Pipe Improvements 1,600 feet of pipe and 3, 000 feet of open channel improvements for flood control in the Glenwood development and redevelopment areas. Water quality elements will be included with the new construction. Project #113 - Gray Creek Channel and Pipe Improvements New construction to serve the development area in east Springfield. Approximately 2,000 feet of pipe and 6,500 feet of open drainage ways. Project #114 - Jasper Natron Channel and Pipe Improvements EXHIBIT 0 - P4 3,800 feet of conceptually located open channels to serve the Jasper Natron area. Project #115 - Channel 6 Detention Pond, Channel and Pipe Improvements A combination of detention pond, channel improvements and piping to serve the area north of the Eugene-Springfield Highway from lsth Street westerly to 1-5. Project #116 - 59th and Aster and Daisy Street Parallel Pipe Pipe improvements along Daisy Street from 48th Street to 59th and Aster Streets for flood control. Project #117 - Irving Slough Channel Improvements Open channel improvements along the Irving Slough from 42nd Street northwesterly to a discharge point along the McKenzie River. Proj ect # 118 - North Gateway - Sports Way Flood Control Water Quality Facility Construct a combination flood control/water quality facility at the north end of Sports Way in and adjacent to the City owned Gateway Natural Resource Area. Project #119 - McKenzie Forest Products Mill Pond Water Quality Facility Develop a water quality facility on a City owned parcel north of the Booth-Kelly mill pond to serve the south Springfield industrial area along the Northern Pacific Railroad corridor. Project #120 - Central Over-Under Channel and Pipe Improvements . Various pipe and channel improvements from Willamalane Park at llh and G Streets to the confluence with the Q Street channel near Moffitt elementary school. Project #121 - Island Park Water Quality Facility Green pipe improvements and an ojJline water quality facility at Island Park to serve the existing discharge from the downtown commercial area. Project #122 - 69th Street Open Channel Construct an over-under pipe system or green pipe open channel and an ojJline water quality treatment facility along 6rjh Street from D Street to Cedar Creek north of Thurston Road Project #123 - Lower Mill Race Water Quality and Riparian Enhancements Construct a daYlight or diversion pretreatment structure, an ojJline water quality treatment facility (pond or wetland), and green pipe open channel improvements from the Booth Kelly site to the Willamette River. Project #212 - 42nd and McKenzie Highway Pipe Improvements Pipe improvements near 42nd and McKenzie Highway to control observed localized flooding problems. Project #213 - I-105 Channel Improvements Channel improvements north of 1-/05 near of 5 2nd Street for flood control. EXHIBIT D - P5 Project #214 - Jasper Slough Culvert Crossing Improvements Road crossing improvements along Jasper Slough from 32nd Street to east of Clearwater Lane for flood control. Project #215 - Q Street Channel Riparian Enhancements Channel enhancements along the channel from 28'h Street to 1-5 for water quality and shading to address temperature issues identified in the Willamette River TMDL. Project #216 - 1-5 Open Channel Riparian Enhancements Channel enhancements along the channel from Gateway Mall to the Eugene Springfield Highway for water quality, bank stability and shading. Project #217 - Q Street Floodway East of 28th Water Quality Channel improvementsfor flood control and water quality along 30th and 28'h Streets from north of Main Street to near Olympic Street. Project #218 - 28th Street Main to North Water QuaIityTemperature TMDL Pipe and outfall improvements along 28th Street for flood control and temperature reduction prior to discharge into the Q Street Floodway. Project #219 - Open Channel Improvements North of River Glen Subdivision Channel improvements for large flood events and water quality improvements from 1h Street to Harvest Lane and vicinity. Project #220 - Chateau Street Outfall System improvements from Hayden Bridge Road to the existing Lane County outfall to the McKenzie River for flood control and water quality. Project #221 - Clearwater Lane and Jasper Water Quality Pipe improvements for flood control north of Jasper Road and construction of a water quality facility prior to discharge into the Middle Fork of the Willamette River. Project #222 - 42nd Channel Improvements Water quality improvements at the northerly end of the 42nd Street pipe system prior to discharge into the Kaiser Slough. Project #223 - Maple Island Slough Channel Enhancement and Water Quality Improvements Channel and riparian improvements for water quality along the Maple Island Slough from Corporate Way to the outfall near the McKenzie River. For deletion from Table 6: Project #100 - Sports Way Detention Pond Project completed Project #101 - Maple Island Slough Outfall Reconjigured within Project #223 Proj ect # 102 - Deadmond Ferry Outfall Reconfigured within Project #223 Project #103 - Aster Street System Included in Project # 116 Project #106 - T Street Detention Pond Included in Project #115 Project #107 - Pierce Industrial Park Drainage To be constructed with the Marcola Meadows site development Project #109 - Jasper/Natron Outfall and Associated Pipe Systems Reconfigured within Project #114 Project #IIIA - Cedar Creek: 69th Street Channel Improvements Reconfigured within Project #122 Proj ect # 111 B - Cedar Creek: 72nd Street Channel Improvements Reconfigured within Project #113 Project #200A - Cedar Creek: Outfall/Detention at Lively Park/McKenzie River Lively Park project completed Proj ect #200B - Cedar Creek: Thurston Middle School Channel Improvements Not identified as necessary in the Stormwater Facility Master Plan Proj ect #200C - Cedar Creek: 66th Street Outfall Not identified as necessary in the Stormwater Facility Master Plan Project #200D - Cedar Creek: 75th Street Outfall Reconfigured within Project 113 Project #200E - Cedar Creek: Gossler Bank Control Project Project completed Project #205 - Rosboro Detention Pond Project pipe reduced to 24" diameter which is below P FSP criteria. Project #207 - Ash Street Outfall The engineering study project does not meet PFSP criteria Project #208 - Manor Drive Outfall Reconfigured within Project #220 Project #209 - 16th Street Outfall Project completed EXHIBIT 0 - P6 EXHIBIT D - P7 NOTE: Table 18 contains the same projects found in Table 6 proposed for inclusion or deletion; in addition, Table 18 provides cost estimates and completion year estimates for each project. Please refer to Attachments #4, #5, and #6. MetroDolitan Area General Plan Amendment Criteria The proposed amendments are considered to be Type II Metro Plan amendments because they are site specific amendments to Plan project lists and maps. Type II Metro Plan amendments inside the city limits shall be approved by the Home City; Type II Metro Plan amendments between the city limits and the Plan Boundary shall be approved by the Home City and Lane County. Some of the projects are located partially or entirely outside the city limits (or manage stormwater originating from outside the dty limits), and all discharge stormwater to watercourses that eventually flow outside of the city limits. Therefore, Lane County must co-adopt these amendments. Springfield and Lane County adopted identical Metro Plan amendment criteria into their respective implementing ordinances and codes. Springfield Development Code (SDC) Chapter 5, Section 5.14- 135.C.l&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 m~e the Metro Plan internally inconsistent. These criteria are addressed as follows: (a) The amendment must be consistent with the relevant statewide planning goals adopted by the Land Conservation and Development Commission; Gmllll - Citizen Involvement To develop a citizen involvement program that insures the opportunity for citizens to be involved in all phases of the planning process. The two cities and the county have ac~owledged land use codes that are intended to serve as the principal implementing ordinances for the Metro Plan. Chapter 5 of the SDC, Metro Plan Amendments - Public Hearings, prescribes the manner in which a Type II Metro Plan amendment must be noticed. Citizen involvement for a Type II Metro. Plan amendment not related to an urban growth boundary amendment requires: Notice to interested parties; notice to properties and property owners within 300 feet of the proposal; published notice in a newspaper of general circulation; and notice to the Department of Land Conservation and Development (DLCD) at least 45 days before the initial evidentiary hearing (Planning Commission). ' Notice of the joint Planning Commission hearing was mailed on June 19,2009; notice was published in the Register-Guard on June .13,2009. Notice of the fIrst evidentiary hearing was provided to DLCD on December 2,2008. Lane County is participating in this matter; Eugene was sent a referral on April 20,2009. Written testimony submitted to the record of these proceedings is attached with the covering memo to the Lane County Board of Commissioners and Springfield City CounciL A summary of oral testimony provided at the June 30, 2009 Joint Planning Commission meeting is provided in the Briefmg Memo for the July 22, 2009 Lane County Board of Commissioners and Springfield City Council joint public hearing meeting. Requirements under Goal 1 are met by adherence to the citizen involvement processes required by the Metro Plan and implemented by the Springfield Development Code, Chapter 5 and Lane Code Sections 12.025 and 12.240. EXHIBIT 0 - P8 .Goal2 - Land Use Planning To establish a land use planning process and policy framework as a basis for all decisions and actions related to use of land and to assure an adequate factual base for such decisions and actions. All/and-use plans and implementation ordinances shall be adopted by the governing body after public hearing and shall be reviewed and, as needed, revised on a periodic cycle to take into account changing public policies and circumstances, in accord with a schedule set forth in the plan. Opportunities shall be providedfor review and comment by citizens and affected governmental units during preparation, review and revision of plans and implementation ordinances. Implementation Measures - are the means used to carry out the plan: These are of two general types: (1) management implementation measures such as ordinances, regulations or project plans, and (2) site or area specific implementation measures such as permits and grants for construction, construction of public facilities or provision of services. The current version of the Metro Plan was last adopted in 2004 (Springfield Ordinance No. 6087; Eugene Ordinance No. 20319; and Lane County Ordinance No. 1197) after numerous public meetings, public workshops and joint hearings of the Springfield, Eugene and Lane County Planning Commissions and Elected Officials. Subsequent to these Metro Plan adoption proceedings, Eugene, Springfield and Lane County considered amendments to Chapter III-G Public Facilities and Services Element and Chapter V Glossary of the Metro Plan. These amendments were reviewed at public meetings, public workshops and joint hearings of the Springfield, Eugene and Lane County Planning Commissions and Elected Officials, and adopted by all three jurisdictions in 2004. The currently proposed amendments to the PFSP arise from recommendations of the city's Stormwater Facility Master Plan, which was adopted by the Springfield Common Council on October 20, 2008 after opportunity for public review and comment, and a public hearing process. The Metro Plan is the "land use" or comprehensive plan required by this goal; the Springfield Development Code and the Lane Code are the "implementation measures" required by this goal. Comprehensive plans, as dermed by ORS 197.015(5), must be coordinated with affected governmental units. Coordination means that comments from affected governmental units are solicited and considered. Goal 3 - Agricultural Lands To preserve and maintain agricultural/ands. The changes do not affect Metro Plan or PFSP consistency with fr..is goal and this goal does not apply within adopted, acknowledged urban growth boundaries. None of the proposed projects are intended to provide urban stormwater management service to properties outside the UGB (although management of drainage originating from and discharging to watercourses outside the UGB is considered). Instead, the projects were recommended in the Stormwater Facility Master Plan to meet the City of Springfield's projected population and employment growth through the (2025) planning year. EXHIBIT 0 - P9 Goal 4 - Forest Lands To conserve forest lands by maintaining the forest land base and to protect the state's forest economy by making possible economically efficient forest practices that assure the continuous growing .and harvesting of forest tree species as the leading use on forest land consistent with sound management of soil, air, water, and fish and wildlife resources and to provide for recreational opportunities and agriculture. The changes do not affect Metro Plan or PFSP consistency with this goal and this goal does not apply within adopted, acknowledged urban growth boundaries. None of the proposed projects are intended to extend urban stormwater management service to properties outside the UGB (although management of drainage originating from and discharging to watercourses outside the UGB is considered); the projects were recommended in the Stormwater Facility Master Plan to meet the city of Springfield's projected population and employment growth within the existing UGB. GoalS - Open Spaces, Scenic and Historic Areas, and Natural Resources To protect natural resources and conserve scenic and historic areas and open $paces. The City has finish~d all work required under Goal 5 during the most recent Periodic Review (completed in 2007). Sixteen of the proposed project additions and modifications are located within the City's protected Goal 5 resource sites: eight within or adjacent to riparian resource areas, and eight within or adjacent to delineated wetland resource areas. One proposed project overlaps both types of natural resource areas (Irving Slough Channel Improvements). The proposed projects affecting or within riparian resource areas include: #112 - Glenwood Channel and Pipe Improvements; #117- Irving Slough Channel Improvements; #121 - Island Park Water Quality Facility; #123 - Lower Mill Race Water Quality and Riparian Enhancements; #213 - I,-105 Open Channel Riparian Enhancements; #214 Jasper Slough Improvements; #219 - Open Channel Improvements North of River Glen Subdivision; #220 - Chateau Street Outfall; and #223 - Maple Island Slough Channel Enhancement and Water Quality Improvements. The proposed projects affecting or within wetland natural resource areas include: #113 - Gray Creek Channel and Pipe Improvements; #114 - Jasper Natron Channel and Pip(~ Improvements; #115 - Channel 6 Detention Pond, Channel and Pipe Improvements; #116 - 59th and Aster and Daisy Parallel Pipe; #117 - Irving Slough Channel Improvements; #119.c.. McKenzie Forest Products Mill Pond Water Quality Facility; #122 - 69th Street Open Channel; and #222 - 42nd Channel Improvements. The proposed project areas are depicted on a Capital Improvement Plan map, . which is attached to this staff report. The map depicts the City's mapped natural resource areas and shows where significant stormwater projects are located with respect to these resources. These proposed projects include improvements to existing outfalls and riparian enhancements to meet state and federal regulatory requirements. The City will obtain any necessary permits for each project from appropriate jurisdictions as required. The proposed projects were not designed nor intended to allow urb,ffi develppment to occur within a protected resource site; the presence of urban services does not invalidate Goal 5 inventories or protection measures even if the new urban service becomes available to any of these sites; and, these Goal 5 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 adversely affect the City's acknowledged Goal 5 inventories, so this proposal does not create an inconsistency with the goat EXHIBIT 0 - P10 Goal 6 - Air, Water and Land Resources Quality To maintainand improve the quality of the air, water and land resources of the state. lbis goal is primarily concerned with compliance with federal and state environmental quality statutes, and how this compliance is achieved as development proceeds in relationship to air sheds, river basins and land resources. The Federal Water Pollution Control Act, P.L. 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 eliminate the discharge of pollutants into the navigable waters. ORS 468B.035 requires the Oregon Environmental Quality Commission (EQC) to implement the Federal Water Pollution Control Act. The primary method of implementation of this Act is through the issuance of a National Pollutant Discharge Elimination System (NPDES) permit prior to the discharge of any wastes into the waters of the state (ORS 468B.050). Among the "pollutants" regulated by the EQC are temperature (OAR 340-041-0028) and toxic substances (OAR 340-041-0033). Previously, the Plan was amended to ensure that the Metro Plan and the PFSP accurately reflect .stormwater management system needs as imposed by Federal and State regulation. Additionally, the PFSP notes that: "Existing policies and plans in the Eugene-Springfield area support water quality and quantity improvements through site planning for. new construction, public education, use of natural systems, preservation of natural drainageways, and reduction of street-related runoff problems. To summarize, stormwater management policies developed through local plans: . Establish and support stormwater administration and management programs that include natural resource protection; . Protect significant natural resources to serve multiple objectives, including stormwater storage and conveyance; . Use constructed wetlands, wetland enhancement, and waterways for stormwater treatment, storage and conveyance; . Create and protect a connected natural stormwater system; . Use a comprehensive wetlands mitigation program to guide planning future stormwater systems; . Create a comprehensive stormwater monitoring and maintenance program to serve multiple stormwater management objectives; and, . Develop a plan for financing the stormwater management program " lbis amendment takes the next step in bringing the plan current by incorporating those significant facilities in Springfield which are required to adequately and efficiently convey stormwater to. the receiving water bodies, while adhering to federal and state mandates for pre-treatment (wherever possible), temperature abatement, removal of sediment and suspended solids, and protection of water quality. The proposed amendment is intended to update the list of significant stormwater projects (Table 6 of the PFSP) to account for projects that have already been completed, and the recommendations for new or modified projects described in the City's Stormwater Facility Master Plan adopted in October, 2008. EXHIBIT D - P11 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. Some of the proposed projects are located within mapped floodplain areas, but their presence does not have any adverse effect on existing policies or procedures adopted by the City of Springfield for application in floodplain areas. In accordance with Section 4.3 -117 of the City's Development Code, the maintenance, expansion, restoration or rehabilitation of natural and constructed waterways is contemplated (if not encouraged), provided there is mitigation of upstream flooding fuid original or improved design flow capacity is maintained. Furthermore, the proposed projects that are located in floodplain areas are intended to provide mitigation of flood events and, correspondingly, to protect life and property from damage due to flood impacts. GoalS - Recreational Needs To satisfy the recreational needs of the citizens of the state and visitors and, where appropriate, to provide for the siting of necessary recreational facilities including destination resorts. All of the proposed projects are intended to improve or expand current facilities," or to accommodate future growth in population and employment. What is meant, but not stated in this general concept of "future growth in population and employment" is that it includes ancillary activities as well. The Metro Plan anticipates up to 32% of residential designation will be occupied by these ancillary activities: "In the aggregate, non-residential land uses consume approximately 32 percent of buildable residential land. These non-residential uses include churches, day care centers, parks, streets, schools, and neighborhood commercial" (page III-A-4, Metro Plan). Determination of pipe sizes and capacity, and implementation of water quality protection "best management practices", contemplates the presence of these land uses. Additionally, the Willamalane Park and Recreation Master Plan includes future park sites needed to keep pace with 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 adequate 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 III-B-6, states: "Pursue an aggressive annexation program and servicing of designated industrial lands in order to have a sufficient supply of 'development ready' land". Policy B26, at page III-B-6, states: "In order to provide locational choice and to attract new campus industrial fIrms to the metropolitan area, Eugene and Springfield shall place as a high priority service extension, annexation, and proper zoning of all designated special light industrial sites". All of these policies are served by the proposed amendments to the Metro Plan and PFSP as these projects are intended to meet future demand generated by population and employment growth. Additionally, it is the provision of key urban services that typically determines suitability of land 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 level of key urban facilities and services can be provided to the area in an orderly and efficient manner; b. There will be a logical area and time within which to deliver urban services and EXHIBIT D - P12 facilities. Conversion ofurbanizable land to urban shall also be consistent with the Metro Plan" (page II-C-4, Metro Plan). The proposed amendment will update the list ofprojects that, in part, facilitate urban stormwater system extension to these areas so that planned development may occur. Goal 10 - Housing To provide for the housing needs of citizens of the state. Goal 1 0 Planning Guideline 3 states that a[p ]lans should provide for the appropriate type, location and phasing of public facilities and services sufficient to support housing development in areas presently developed or undergoing development or redevelopment. " OAR 660-008-0010 requires that "[S]ufficient buildable land shall be designated on the comprehensive plan map to satisfy housing needs by type and density range as determined in the housing needs proj ection." Goal 1 0 defmes buildable lands as ".. . lands in urban and urbanizable areas that are suitable, available and necessary for residential use." 660-008-0005(13), in part, defmes land that is, "suitable and available" as land "for which public facilities are planned or to which public facilities can be made available." Similar to Goal 9, adequate public facilities are necessary to accomplish the objectives of this goal and applicable administrative rules (OAR Chapter 660, Division 008). The purpose of the proposed amendments is to provide the capacity for future development of residential (population) and commercial and industrial (employment) use consistent with the comprehensive plan. Goal 11 - 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 011, implements Goal 11. OAR 660-011-0030(1) requires that the public facility plan list the proposed projects and identify the general location of the project on a map. The proposal will add 24 projects to Tables 6 and 18; delete 15 projects that have been reconfigured or eliminated from these same tables; delete three projects that have been completed from these same tables; modify Table 19 to identify existing funding sources for the proposed projects; and show the location of all proposed proj ects on Maps 3 and 8. These tables and maps are adopted as part of the Metro Plan, but are located in, and are a part of the PFSP. OAR 660-011-0035(1) requires that the public facility plan include a rough cost estimate for sewer public facility projects identified in the facility plan. In conformity with this requirement, Table 18 includes rough cost estimates for all 38 proposed stormwater projects~ These costs are derived from the work performed during the preparation of previous stormwater master plans, and further refmed by the recently adopted Stormwater Facility Master Plan. OAR 660-011-0045 requires certain elements of the public facility plan to be adopted as part of the comprehensive plan. These elements include the list of public facility project titles (Table 6); the map or written description of the public facility projects locations or service areas (Maps 3 and 8); and policies or urban growth management agreements designating the provider of each public facility system. No policy amendments are proposed in this action. The notice of proposed amendment sent to DLCD, the notice of the hearing on these amendments, and the applicable criteria are consistent with the provisions for a land use decision and the post-acknowledgment procedures ofORS 197.610. EXHIBIT 0 - P13 Goal 12 - Transportation To provide and encourage a safe, convenient and economic transportation system. The transportation system plan is not dependent upon, or influenced by the stormwater management system plan. Land development cannot occur in the absence of infrastructure and that includes stbrmwater management and transportation; but neither the goals nor the OARs require a corollary analysis of each of these services when the city is proposing one or both of these plans for post- acknowledgement amendment. All of the proposed amendments are needed to upgrade (expand the capacity or water quality enhancement provisions of) existing facilities. In each case, the planned transportation facilities are: 1) already in place; 2) under construction; 3) in design; or, 4) planned. The changes do not affect Metro Plan or PFSP consistency with this goal. Goal!3 - 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 are not energy efficient. All of the projects are upgrades, enhancements, or expand the capacity of existing systems. Such a strategy maximizes the efficiency of the existing system (sunk cost) and provides for infill and redevelopment opportunities that couldn't go forward without these improvements. The changes do not affect Metro Plan or PFSP consistency with this goal. Goal 14 - Urbanization To provide for an orderly and efficient transition from rural to urban land use, to accommodate urban population and urban employment inside urban growth boundaries, to ensure efficient use of land, and to provide for livable communities. The amendments do not affect the existing UGB; they will allow capacity expansion of existing facilities to enable projected planned population and employment growth within the existing UGB. If these stormwater projects do not occur, projected population and employment growth will need to be accommodated beyond the existing UGB. The proposed amendments will potentially delay when UGH adjustments must be taken and may reduce the acreage necessary to accommodate projected growth. The changes do not affect Metro Plan or PFSP consistency with this goal. Gmlll15 - Willamette River Greenway To protect, conserve, enhance and maintain the natural, scenic, historical, agricultural, economic and recreational qualities of lands .along the Willamette River as the Willamette River Greenway. There are four projects located in close proximity to the Willamette River: Glenwood Channel and Pipe Improvements, Borden Outfall Upgrade, Island Park Water Quality Facility, and Lower Mill Race Water Quality and Riparian Enhancements. The presence of these facilities, and the necessary upgrades, will allow planned development of these areas to occur, but not at the exclusion of any other rules or standards that may be applicable to even permitted 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. EXHIBIT D - P14 Goal 16 Estuarine Resources, Goal 17 Coastal Shorelands, Goal 18 Beaches and Dunes, and Goal 19 Ocean Resources These goals do not apply to the Eugene-Springfield Metropolitan Area. (b) Adoption of the amendment must not make the Metro Plan internally inconsistent. The project lists and maps contained in the PFSP were adopted as part of the Metro Plan in 2004, 2006 and 2008. The project lists in the PFSP, in the form of tables, include significant stormwater projects with pipes 36-inches or larger, detention basins, water quality facilities, or new outfalls; the maps show the general location or service area of the projects. The proposed amendments include detention basins, water quality facilities, new outfalls, project descriptions, and changes to the maps to show the general location of each project. These same amendments are applied to the same project lists (Tables 6 and 18) and maps (Maps 3 and 8) in the PFSP that are specifically adopted as part of the Metro Plan. This action constitutes t.lJ.e ideal test of consistency. Therefore, the proposed changes, as presented, will not create internal inconsistencies within the Metro Plan. In addition to the foregoing, the proposed amendments are consistent with the following Metro Plan policies: "Extend the minimum level and full range of key 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 III-G-4, Policy G.l). "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, refmement plans, and ordinances as the guide for detailed planning and project implementation" (page III-G-4, Policy G.2). [Emphasis added] "Modifications and additions to or deletions from the project lists in the Public Facilities and Services Plan for water, wastewater, and stormwater public facility projects or significant changes to project location, from that described in the Public Facilities and $ervices Plan planned facilities Maps 1,2 and 3, requires amending the Public Facilities and Services Plan and the Metro Plan..." (Page III-G-4, Policy G.3). [Emphasis added] "U se annexation, provision of adequate public facilities and services, rezoning, redevelopment and infill to meet the 20-year projected housing demand." (Page III-A-S, Policy A.4) "Endeavor to provide key Urban services and facilities required to maintain a five-year supply of serviced, buildable residential land." (Page III-A-6, Policy A.7) "Coordinate higher density residential development with the provision of adequate infrastructure and services, open space, and other urban amenities" (page III-A-7, Policy A.12). "Coordinate local residential land use and housing planning with other elements of this plan, including public facilities and services, and other local plans, to ensure consistency among policies" (Page III-A- n, Policy A.3S).