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
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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.
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October 2008
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Stormwater project!! for thl& are. c::::J will t:le k1entlfi~~ through a
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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.
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Key
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\.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)'
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o
Proposea Outfall",
Proposed Water Quality' ProJect",
Waterways ana Open Sy"'tems
. ProJects
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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.
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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).