HomeMy WebLinkAboutOrdinance 5616 03/02/1992
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ORDINANCE NO. 5616
AN ORDINANCE AMENDING THE MID-SPRINGFIELD REFINEMENT PLAN TEXT BY ADDING
FOUR (4) NEW POLICIES TO THE RESIDENTIAL DEVELOPMENT POLICIES SECTION OF THE PLAN
THAT LIMIT THE RESIDENTIAL DEVELOPMENT OF TAX LOTS. 300 AND 700, MAP 17-02-31, TO
AFFORDABLE HOUSING, HOUSING FOR THE ELDERLY AND ADULTS, A RESIDENTIAL SETBACK OF
420 FEET FROM THE CURRENT BOUNDARY OF NESTE RESINS PLAT, AND RE-EVALUATION OF THE
RESIDENTIAL DESIGNATION OF THIS PROPERTY DURING PERIODIC REVIEW IF SUBSTANTIAL
PROGRESS ON THIS DEVELOPMENT HAS NOT BE MADE (JO. NO. 92-01-06).
THE CITY COUNCIL OF THE CITY OF SPRINGFIELD FINDS THAT:
1. The proposed amendment is consistent with the applicable criteria of
the metropolitan Area General Plan, the Springfield Development Code,
the Mid-Springfield Refinement Plan and applicable state statutes and
Statewide Planning Goals.
2. The proposed amendment is necessary to fulfill the City Council goal of
providing additional opportunities for the construction of affordable
housing.
3. The Springfield Planning Commission conducted a public hearing on the
proposed amendment on February 5, 1992, and unanimously recommended
adoption.
. 4. The Springfield City Council conducted a public hearing on the proposed
amendments on February 18, 1992.
5. Findings in support of adoption of the proposed amendment to the
Mid-Springfield Refinement Plan Text are set forth in Exhibit A,
attached hereto, and incorporated herein by reference.
NOW, THEREFORE, THE COMMON COUNCIL OF THE CITY OF SPRINGFIELD DOES ORDAIN AS
FOLLOWS:
Section 1. The findings set forth above, and the findings contained in
Exhibit A attached hereto are adopted, and incorporated by reference.
Section 2. The Residential Development Policies Section of the
Mid-Springfield Refinement Plan is amended to include the following new policies:
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"11. The MDR site north of Main, between North 28th and North 32nd
Streets shall be developed with affordable housing units. The rent
for these units is not to exceed 30 percent of the median
"low-income" family income for the area as determined by the
Secretary of the United States Department of Housing and Urban
Development in accordance with the Federal Affordable Housing Act of
1990, which provides that: "The term 'low-income families' means
low-income families whose incomes do not exceed 80 percent of the
median income for the area, as determined by the Secretary with
adjustments for smaller and larger families, except that the
Secretary may establish income ceilings higher or lower than 80
percent of the median for the area on the basis of the Secretary's
Ordinance No. 5616
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findings that such variations are necessary because of prevailing
levels of construction cost or fair market rents, or unusually low
or high family incomes".
"12.
Residential uses on this MDR site will be further limited to housing
qualifying as housing for older persons under the 1988 Amendments to
the Federal Fair Housing Act, and insofar as authorized by the 1988
Fair Housing Amendments and other applicable law, further limited to
occupancy by adults.
"13.
To provide for greater compatibility between new residential uses
and the existing industrial occupancy of Neste Resins on North 28th
Street, no residential unit shall be located within 420 feet of any
point on the current boundary of the Neste Plant site.
"14.
The MDR designation of this site shall be subject to re-evaluation
during periodic review unless the following circumstances are found
to exist:
a. substantial progress has been made on the project and the
project as built and operated conforms substantially to the
representations concerning affordability made by the applicant
during the Metro Plan amendment process; or
b.
an affirmative determination can be made, in light of all the
circumstances, including the City of Springfield's forthcoming
Housing Plan,. that the property should be retained for
affordable housing; and
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c. examples of substantial progress shall include acquisition of
bonds to finance construction, completion of site plan review
and start of construction."
Section 3. If any section or provision of this ordinance is found to be
invalid, improperly adopted or adopted without supporting evidence, such findings
of invalidity shall not invalidate or otherwise affect the remaining portions of
this ordinance.
ADOPTED by the Common Council of the City of Springfield this 2nd day of
Ma rch ,1992, by a vote of 5 in favor and 0 agains t.
APPROVED by the Mayor of the City of Springfield this 2nd day of
March ,1992.
ATTEST:
E~~~~
Mayor
vf~~kuL-
. Ci ty Recorder '
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REVIEWED & APPROVED
Aq TO FORM
~O )~'.l...) ~ ~,
DATE: _re.~ ~ '- , \'1CfL
OFFICE OF CITY ATTORNEY
CITY OF SPRINGFI ElD
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H E H 0 RAN D U K
City of Springfield
DATE:
February 10, 1992
TO:
FROM:
SUBJECT:
The proposed Mid-Springfield Refinement Plan amendments, included in your packet as
ordinances, are intended to complete the changes given to this property by the Joint
Elected Officials as a Metropolitan Plan Amendment approval in the summer/fall of
1991 (Good Neighbor Care Center, Inc. Jo. No. 90-12-201). The Metropolitan Policy
Committee (MPC) mediated the extent to which the Metro Plan Diagram ~ould be amended,
but declined to make recommendations for text changes that ~ouldlimit the
residential development of the site exclusively to affordable housing. The MPC said
this ~as a matter for the City of Springfield to decide, not Eugene or Lane County.
The City Council subsequently directed staff to prepare amendment~ to the
Mid-Springfi~ld R~finement Plan Text to implement affordability policies.
On February 5, 1992, the Springfield Planning Commission conducted a public hearing
to accept testimony and forward to the City Council a recommendation on
Mid-Springfield Refinement Plan amendments intended to implement the recently
approved Metro Plan amendment and Gity Council directives. This hearing included a
zone change component to maintain plan-zone consistency by rezoning each new plan
designation ~ith a corresponding zoning district (Light-Medium Industrial, Medium
Density Residential and Community Commercial Districts).
The Planning Commission heard testimony from two individuals in support of these
amendments and zone changes, and voted unanimously to forward a recommendation of
approval to the City Council. The Council now must decide whether or not the
proposed text amendments achieve the objectives the Council had in mind when the
Metro Plan amendment was approved last August (Please refer to pages 4 and 5 of the
Planning Commission staff report to review proposed policies limiting the residential
development of the site to affordable units for elderly and adults).
t;
Ordinance No: 5616
Page 3
Ord. 5616, Exhibit A-I
AI lA\,;nMEN-r B
~EHOR;'.NDU~
City of Springfie:d
De,elopment Services Department
.'!1:"
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January 16, 1992
70:
Springfield ?lan~ing Ccmmissio~
?ROH:
Gregory Hott, Planning Y-anager
SUBJECT:
Amendments to the Mid-Springfield Refinement Plan Diagram, Text
and Concurrent Rezoning - Journal Number 92-01-06
Issue
The amendment of the Metropolitan Plan (Good Neighbor Care Center, Inc., Jo. No.
?O-12-201) last September for property located north of ~ain Street, betveen
:~orth 28th and North 32nd Streets, requires amendments to the Mid-Springfield
~efinement Plan in oreer for this document to maintain consistency vith the Metro
?lan. The actions recommended in the attached staff report vill effect the
~ecessary changes.
Discussion
The attached staff report references several policies in the Metro Plan
requiring Plan-refinement plan consistency. There is no question that an
amendment to the Metro Plan that results in an inconsistent relationship vith an
~xisting refinement plan must be corrected by amendment to that refinement plan.
.'t is prop~sed in the at~ached application~:ha~.these amendments include c~an~es
:0 the Reflnement Plan dlagram and text. lne olagram vould be changed to oeplct
identical changes approved for the Metro Plan diagram. Changes to the text vould
include nev policies ensuring that the residential component of this site is
~eveloped vith affordable housing units, that these units be occupied by the
~lderly, and that non-performance or failure to conform vith these policies could
~esult' in reversion back to an industrial designation for this site. Findings
~upporting these amendments are included in the attached staff report and in t~e
findings adopting the ~etro Plan amendment for Good Neighbor Care Center, Inc.
(A t tachment I).
:oncurrent rezoning of this property also is required to complete the Plan
~efinement plan amendment process. The zoning for this property shall be
Community Commercial for the south 5 acres. L~~ht ~~~ium Industrial for the vest
:9 acres and ~ledium Density ~esidentia1 in' ~h,: €~.::t .:';) <:<:1:':S. ~€zc,;,bg this
-"oper-..' l'n -c or '-... ..h.'...1 '" . . 1 .
:.... \..."f . c C ' ae.~.lce "~~ll. \.ne r an c€s~g:r;c~:c'ns prO....J.~~s P_c.11-::0ne c.('nsjst€ncy
a~d allovs development of th~ property to pr0:eed. Findings in support of these
:hanges in zoning are found in the attached staff report.
Conclusion and Recommendation
?:aff recommends appro~al
.- the attached findings,
:or final action.
c'f. c
e prop0sed a:.~:~~~~~1~S a:ld :(.~~ C~12n&E~~ aaopt~on
on'cl'dir.g chis :'€Co:::;:;encation to the City Council
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a:-.Q
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Ordinance No.. 5616
Page 3
Ord. 5616, Exhibit A-2
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~ID-S?RINGFIELD ::'EF:Il\E~ENT ?Ll.J~ J..~E!~DY.E!\T JSD ZONE CH;J~GE
.JOlJFJ~.U NUMBER 92-01-06
Applicant
City of Springfield
Request
i-.rrlend the Mid-Springfield ?efinernent Plan Diagram and Text to conform \'i th a
~ecent amendment to the ~etropolitan Area General Plan Diagram for property
loca~ed on the north side of Main Street between North 28th Street and North 32nd
Street Assessor's ~ap 17-02-31 Tax Lots 300 and 700. The joint elected
officials of Springfield, Eugene and Lane County, in accordance with the criteria
0f Section7.065(2)(a_c) of the S~:ingfield Development Code, approved a change
of the Metro Plan Diagram designation of' this property from Heavy Industrial and
Light Y;edium Industrial to Community Commercial, Light Medium Industrial and
Kedium Density Reside~:ial (~ournal 90-12-201, Good Neighbor Care Center, Inc.,
.~.pplicant). ,The Refinement Plan Diagram must be changed to be consistent \'i th
:~e Metro. ;la~ a=an~rnents, and the property must be rezoned to Community
r~mrnercial, Lith. ~~cdium I~d~str:al and Medium Density Residential Districts.
In addition to the diagram amen~,:"-:s and rezoning, new policies must be added to
the text of the Refinement plan that :;ecify certain development requirements for
-'hat portion of the propertY.desig~ate? ~:d :~~ed for medium densitY,residential
e. These development requlrernents s~all en~;~e t~a: the property 15 developed
~ith affordable housing, that the occupancy of the ~~~el~~rnent is by the elderly,
2nd that the residential designation of the property s~i:l ~e re-evaluated d~~:-
periodic review if substantial progress towards developmen:, ~~ _~.
the applicant during the Metro Plan amendment process, has not b~~~
Criteria for Approval - Refinement Plan Amendment
Section 8.030(1-3) of the Springfield Development Code (SDC), in order to approve
refinement plan amendments, requires adoption of findings vhich demonstrate
co~formance to the folloving criteria:
(1) The Metro Plan;
(2) Applicable State statutes;
(3) Applicable State-vide Planning Goals and Administrative Rules.
?2SPONSE to Criteria (1) - cor::fc'rm~nce -,,'ith the J1etro Plan;
.ne relationship between refinement plans and the Metro Plan is identified on
~ages 1-4 and 1-5 of Chapter I of the Metro flan, and on pages IV-3 through IV-6
.. Chapter IV of the Metro Plan. The follo'dng ci tations from these pages apply
7?ecifically to these proposed a~endments to the Mid-Spri~gfield Refinement Plan:
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Page 1 Kid-Springfield Refinement Plan Amendment
urui ilC1iIC~ I~O. 5010
Page 4
Ord. 5616, Exhibit A-3
"The degree to which the General Plan provides sufficient detail to meet the
needs of each jurisdiction viII have to be determined by the respective
jurisdictions; and vhere conflicts exist among the General Plan, refinement
plar.s and existing zoning, each jurisdiction vill have to establish its own
schedule for bringing the zoning and refinement plans into conformance vith
the General Plan." (D. Use of the Plan, pg 1-4)
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"~here the Metropolitan Area General Plan is the basic gUlolng land use
policy document, it is no the only such document. As indicated in the
?ur~cse section above (No.8), the General Plan is a framevork plan, and it
is i~portant. that it be supplemented by more detailed refinement plans, ..."
Refi~ements to the Metropolitan Plan can include:...3) neighborhood plans or
special area studies that address those issues that are unique to a specific
geographical area. In all cases, the Metropolitan Plan is the guiding
document, and refinement plans and policies must be consistent vith the
Metropolitan Plan. Should inconsistencies occur, the Metropolitan Plan is
the prevailing policy document." (E.' Relationship to, Other Plans. and
Policies, pg 1-5) .
This dominant yei reciprocal relationship betveen the Metro Plan and refinement
plans grants standing to existing and proposed refinement plans provided they are
consistent, i.e., existing refinement plans must be changed as the Metro Plan is
amended/up-dated, and proposed refinement plans must be consistent vith the Metro
Plan or, vhere inconsistencies exist, include amendments to the Metro Plan as an
element of their adoption. This exact process is found in Chapter IV, page 1V-3
and reads as follovs:
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"....the Metropolitan Plan prOVloes for the folloving process to ensure that
refinement plans and regulatory measures are consistent vith the
~etropolitan Plan:
1. A craft ~f the refinement plan or regulatory measure is forwarded to the
other jurisdictions by the initiating jurisdiction. The planning
directors of the other jurisdictions shall reviev the plan or measure
for consistency with the Metropolitan Plan. If one or more of the
Flanning directors finds the draft plan or mkasure to be inconsistent
~ith the Metropolitan Plan, he or she shall develop findings to that
effect and shall forvard comments to the planning commission of the
initiating jurisdiction regarding necessary changes to make the tvo
documents consistent.
2. The planning commission of the initiating jurisdiction shall consider
the proposed measure at a public hearing. The planning cQmmission may:
a. Recommend to its governing booy adoption of the proposed measure
~ith findings that it is consistent ~ith th~ Metropolitan Plan; or
b. Recommend to its governing bo~~ that the ~etropolitan Plan be
amended to conform'to the proposed me~s~re; or
Page 2 ~id-Springfield Refinement Plan ~~endment
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Ordinance No. 5616
Page 5
Ord. 5616, Exhibit A-4
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c. Recommend to its governing'body that the p~oposed measure ~e amended
prior to acoption to make it consistent vith the Metropolitan Plan;
or
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d. Recommend to its governing b~dy that the proposal be denied.
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3.
The governing
hearing. The
measure shall
the consistency
body shall consider the proposed measure at a p~blic
decision by the governing body to adopt the proposed
be accompanied by supporting findings of fact addressing
of the proposed measure vith the Metropolitan Flan.
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3ecause the ~etro Plan ~as amended after the adoption of the M~d-S?ringfield
Refinement Plan, and because the Metro Plan is the ~prevailing policy document",
the refinement plan must be amended to reflect the change in the Metro Flan.
~The Metropolitan Plan is a long-range public policy document vhich
establishes the bread frameverk uponvhich Eugene, Springfield and Lane
County make coordinated land use decisions. \.~hile the metropoli tan Plan is
the basic guiding land use policy document, it is not the only such
document; it can be augmented and implemented by more detailed refinement
plans and regulatory measures....All refinement plans and regulatory
measures must be consistent vith the Metropolitan Plan, and should
inconsistencies occur, the Metropolitan Plan is the prevailing policy
document." (3. Plan Refinement, pg IV-3)
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~a. Refinement and functional plans shall be consistent vith dir~ction
established by the Metropolitan Plan and include findings recognizing this
consistency." (3. Plan Refinement - Policies, pg IV-6)
~9. Refinement and functional plans shall be consistent vith goals,
objectives, and policies of the Metropolitan Plan." (ibid.)
"10. Local implementing ordin~nces shall provide a process for zoning lands
in conformance vith the Metropolitan Plan, using clear and objective
standards." (ibid.)
The up-shot of all of these. policies concerning plan refinement plan
=elationships is that an amendment to the Metro Plan, found to be in conformance
vith the plan amendment procedures and criteria, automatically confers an equally
found amendment of the applicable refinement plan, regardless of the content or
subject of the particular amendment and not~ithstanding existing refinement plan
?olicies ~hich may appear to be intended f0r '"~ry: different objectives. You
simply cannot have a Metro Plan amendment that is subs~rvient to or inconsistent
vith a refinement plan. The last coat of paint determines the color of the
house and a Met~o Plan up-date/amendment is the last coat of paint on an existing
:"efinement plan.
!n, addition to the foregoini! the findings acl0pted by the elected rfficials in
their action to approve the ~etro Plan amendment of Good Neighbor Care Center,
Inc., are incorporated in this staff report (;'ttach~ent I) as additional findings
4Itdemonstrating conformance ~ith this refinement plan amendment and the ~etro Plan.
Page 3 ~id-Spr:r.gfield ~efinerr.ent Plan Arr.€ndment
Grdinanc~ No. 5616
Page 6
Ord. 5616, Exhibit A-5
?~SPONSE to Criteria (2) - A?plicable State statutes
C'RS 197 re-qui res an ackno...leoged comprehensive plan. Ackno',,'ledgrr:en t cannot e>:i s t
~'ithout plan policies that address each applicable State-vice goal ano_ithout an
amendment process that allo~s changes ~n circumstance or public policy to be
realized. The Metro Plan amendment ~as found to be consistent ~ith the criteria
for amendment, which includes consistency with State-wide goals and the test of
internal consistency with other elements of the Plan.
RESPONSE to Criteria
~dministrati,e Rules.
(3)
Applicable State-wide
Planning Goals
and
?indings which ~emonstrate compliance with State-wide Planning ~oals and
.'::'dministrative Rules applicable to this amendment (Heavy and Light Medium
:ndustrial to Community Commercial, Light. Medium Incustrial and Medium Density
;esidential) are found on pages 1-11 of Attachment I. O~~ 660, ~hich specifies
procedures for post acY~owledgment review, requires amendments and other changes
:0 comprehensive plans to be consistent with State-wide goals and to provide
notice and hearings. The findings contained in Attachment I and the Affidavit of
Service included with this report address this criteria.
Eased on the foregoing Metro Plan citati6ns and the findings in Attachment I, the
redesignation of Tax Lots 300 and 700, Assessor's Map 17-02-31, from Heavy
Industrial and Light Medium Industrial, as they appear on the Mid-Springfield
;efinement Plan Diagram, to Community Commercial, Light Medium Industrial and
~edium Density Residential, is hereby found to be necessary to maintain
:onsistency ~ith the Metropolitan Area General Plan Diagram designation for this
property.
.;mendments to the Mid-Springfield Refinement Plan Text
~he amendment to the Mid-Springfield Refinement Plan (Refinement Plan) includes
:ne addition of new policies intended to ensure that the residential development
0: the Medium Density Residential (MDR) portion of the site is consistent with
:he representations made by the applicant (Good Neighbor Care Center, Inc.)
curing the Metro Plan amendment hearings. These policies address the issues of
affordability, occupancy and re-evaluation of the residential designation during
~eriodic review if "substantial progress", consistent with the first two issues
:dentified in this sentence, has not been made. Specifically, the following
?olicies are proposed for inclusion in the Refinement Plan:
?~SIDENTIAL DEVELOP~~ POLICIES
:1. The MDR site north of Kain, bet~een North 28th and North 32nd Streets shall_
be developed with affordable housing units. The rEnt for these units is not
to exc~ed 30 percent of the median "lov-income" family income for the arEa
as det-ermined' by the Secretary of ::0usbg and Urban Je\'elopment in
accordance vith the Affor~able gousing ~ct of 1990, vhich provides that:
"The term 'low-income families' means lo~-income families vhose incomes do
not exceed 80 percent of the median income for the area, as determined by
the Secretary vith adjustmEnts for smaller and larger fa~il:es,except that
the Secretary may establish income ceilings higher or lo~€r than 80 percent
Ordinance No.
Page 7
Page 4 ~id-S?ringfield ~EfinE~ent Plan AmE~Cm€nt
5616
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Ord. 5616, Exhibit A-6
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of the meOlan fo~ the area en the basis of the Secretary's findings that
such variations are necessary because of prevailihg levels of construction
cost or fair market rents, or unusually lo~ or_high family.incomes~~
12.
Residential uses on this ~DR site viII be further' limited to
qualifying as housing for older perso~s under the 1988 hmendments
Federal Fair Housing Act, and insofar as authorized by the 1988 Fair
J..mendments and other applicable la~, further limited to occupancy by
housing
to the
Housing
adults.
13. To provide for greater compatibility bet~een ne~ residential uses 'and the
e>:isting industrial occupancy of Neste Resins on North 28th Street, no
residential unit shall be located ~ithin 420 feet of any point on the
current boundary of the Neste Plant site.
14. The MDR designation of this site shall be subject. to re-evaluation curing
periodic revie~ unless the follo~ing circumstances are found to exist:
a. substantial progress has been made on the project and t~e project as
built and operated conforms substantially to the representations
concerning affordabili ty rr.ade by the applicant during the Metro Plan
amendment process; or
b. an affirmative determination can be made, in light of all the
circumstances, including the City of Springfield's forthcoming Housing
Plan, that the property should be retained for affordable housing; and
.
c.
examples of substantial progress shall include acquisition of bonds to
finance construction, completion of public improvements for access,
circulation, storm and sanitary se\'er, or site plan revie~ and start of
construction.
In addition to the inclusion of the foregoing ne\' policies, certain existing
?olicies contained in the Refinement Plan must be exempted from their
applicability to this particular site. This exclusion must occur to maintain
diagram consistency \'ith the Hetro Plan, and maintain the force and effect of
these policies elsevhere vithin the Refinement Plan boundaries. The findings in
Attachment I, adopted \'ith the Metro Plan amendment, are the basis for the site
specific change to the designation of this property and, by virtue 'of the
relationship bet\'een the Metro Plan and refinement plans already identified in
this report, become the basis for the Refinement Plan amendment. Refinement Plan
policies ,,'hieh must be pre-empted by these findings for this si te specific change
include the follo~ing:
I~TOUSTRIAL DEVELOP~ POLICIES
Policies
1.
Resolve land
development,
designations.
use conflicts
process :.:
and p rc' ',: i d '=
€Stablishi;;g
f0f certainty in the industrial
s5t~-sp€cific industrial plan
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Page 5 ~id-Spri~gfield Refine~ent Plan Amend~ent
Ordinance No. 5616
Page 8
Ord. 5616, Exhibit A-7
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Rec~gni:e that industrially designated property recei~~_first priority in
industrially-designated areas, vhile ensuring that residential uses are
vis~ally screened and protected from ne~ industrial de~elopment through the
site plan revie~ process.
_ -r _ .'
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Criteria fer Designating Industrial Land
2. Encourage large blocks of Heavy industrial land.
5. Hiniffii:e areas vhere Industrial and Residential designations abut..
~hile it could be argued that the Metro Plan amendment does not necessarily
ccntraolct these policies, in a sense even iffiplements these policies, that
argument vould have more validity if the Hetro Plan amendment and the Refinement
Plan adoption vere occurring simultaneously. The y,etro Plan amendment, occurring
four years after these policies have been initiated, must assume both a higher
order of ffiagnitude ~,d more timely findings than that of the Refinement Plan as
they relate to this specific site at this specific time.
Refinement Plan policies .....hich are or -.'ill be implemented by this amendment
include the folloving:
Criteria for Designating Industrial Land ,
1.
Hetro Plan policies and the Hetro Plan Diagram shall be applied in
designating land for industrial use in Hid-Springfield.
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3.
Recognize existing light-medium industrial uses, and
Light-Y,edium Industrial plan designation as a
industrial and Residential plan designations,
consloer applying the
buffer bet~eenHeavy
4. Minimize industrial development along Main Street.
COMYJffiCI~~ DEVELOPMEh7 POLICIES
Policies
1.
Provide vacant and
commercial uses, and
Street.
re-developable
to encourage
land to allov for the expansion of
nev commercial development along Main
"'
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~pply site-specific Commercial
clearly define the limits of
controversies in the future.
plan 0Q~igna~i0ns
commErcial USES!
a10ng Main Street to
and- so' avoid zoning
RESIDEhlI~~ DE\~LOPHIJ\T POLICIES
Policies
2.
Eliminate the incursion
reside"tially-designated
these uses.
of industrial and commercial development into
neighborhoods by specifically designating land for
.
Page 6 ~id-Springfield ~efine~Ent Plan h~endment
Ordinance No. 5616
Page 9
Ord. 5616, Exhibit A-8
3.
~inimize conil cts betveen residentially-designated land and
industrial/commerc al uses through the site plan reviev process (Article 31,.
Springfield Development Code).
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7.
Frovide for bufferbg of multiple family development from sirigre 'family
development through the site p~an revie~ process.
Criteria for Designating Residential Land
1. Generally the medium Density Residential plan designation shall be applied
under the folloving circumstances:
b. to large underdeveloped areas imn:ediately adjacent to ccr.:rnerdal1y
designated land along Main Street;
d. vhere designated exclusively Medium Density Residential (as opposed to
"Mixed Use") on the Metro Plan Diagram;
Cd te.da for Approval - Zone Change
Section 12.030 of the SDC requires the Planning Commission,
decision on zone change applications, to adopt findings vhich
the folloving criteria have been addressed in all cases:
.~'hen reaching a
demonstrate that.
(1) Consistency vith the Metro Plan Text and Diagram and vith applicable
Refinement Plan Text.
(2)
.
That a mlnlmum level of key urban services can be provid~d to the property
prior to or in conjunction vith development; and
(3) Conflicts involving site specific natural resources and/or hazards as
identified in the Metro Plan have been satisfactorily resolved.
(4) Conflicts vith neighboring land uses have been satisfactorily resolved or
can be resolved by using the Site Plan Reviev process in accordance vith
Article 31 of the Code.
RESPONSE to Criteria (1)
Findings in response to this criteria are found on pages 1-10 of Attachment I and
on pages 2-7 of this report.
RESPONSE to Cri teria (2)
All urban services are adjacent to the site! but extensive on-site improvements
vill be required. The zoning of this site vith Community Commercial, Light
Medium Industrial and Medium Density Residential compels site plan reviev
approval prior to issuance of building permits. The site plan re~iev process
includes requirements for the provision of all public irrprove~€nts including
storm and sanitary se~Er! ~ater! electricity. fully impro~€d streets and any
additional i~provements called for by refinement plans! functional plans or
utility plans prior to or in conjunction with private development (see also pages
9 and 10 of Attachment 1).
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Page 7 ~id-Springfield Refinement Plan Amendment
urdinance NO. bb1ti
Page 10
Ord. No. 5616, Exhibit A-9
RESPONSE to Crit'er"ia" (3)'< - -
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Portions of the site appear on ~etro Plan in~entories as regulated~~etlands. .A : _
thorough deli~eation and mit5gation' plari.(if-~etland'~iea reducti6n:~i-~~10~~tibn~~~;;
is proposed) must be submitted and appro~.d b~fore d~~elopment of- these areas
...'111 be permi t ted (see also pages 1-3 of At tachmen t I). :.", ;._
RESPONSE to Criteria (4),
...." - "
. . :: ~ ..... i:--:;' t" ',:: ,::: ~.
Potential conflicts with neighboring land uses have be~n iden~lfied du~ing the
~etro Plan amend~ent hearings and ~ere rr;ediated~ .by the ~etropolitan:Policy
Committee. The primary t~ol is a setback not less~ than' 420 feet between_' ne~
residential dwellings and the existing chemical plant west of the site. However,
additional solutions are available including berms, fencing, landscaped ~etbacks
and building orientation. Each of these mechanisms may" be used as development
approval requirements for this site.
CONCLUSION AND RECOHHEh~ATION
,.
Amendment of. the Refinement Plan' to correspond ,with __ a 'recently approved "
amendment of the Metro Plan is required by the provisions and policles of both
plans. Staff recommends changing the ~id-Springfield Refinement Plan Diagram,
adding new Refinement Plan policies while exempting the site specific application
of existing Refinement Plan policies, and rezoning this property consistent ,.'1 th
the new plan designations. Findings in support of this recommendation are found
in At tachmen t I and the body of this report. ,'. '
Page 8 ~ad-Springf~eld Refinement Plan r..l:'lenament"
Ordinance No. 5616
Page 11
.
".
:. ;, .,*~
.
Ord. 5616, Exhibit A-10
ATTACHMENT 1
.-
.
f. d' . S rOd' \".:::...:;::.., ).(;::....
1/1 Il1gs 1Il UPPOI'! 1I r lI1:lnce .'0. ::!Ji..l-.J
An1C'/1ding lhl' ~h'lro P);1Il mllrkl:ll1uiSpring\\ulId Sill')
" - - 1.
~1ETRO PLA~ AME~'D~1E:\TS ~IL'ST BE CO:'\SISTE:\T \nTH APPLICABLE
STATE GOALS
GO:lI 1 - Citizc:n In\'oh'e:n1('nt. This goal ;-e-qtmes lhc.t progrc.ms be impJe:TltrHed lr.,t \l,::i
prO\'ide 2;'1 OPPOrit;nilY for citizens 10 be iJi\'oJwd in 2.11 ph2.ses oi :hepJC.;lni:"lg process.
S:lnnEfield 2.;"ld !~je other IWO Metro Area Dlr.n!lin2 J'llrisdiclions J:2.i'e an 2cknowJedeed ciliZt:1
. - . - -
in\'olvement program 2nd 2cknowledged proce-dures for securing c:tizen input on 211 prcposed
p12n 2nd zone changes. Those procedures h(.\'e been followed with this amendment. This pla:1
- amendment was referred 10 affecled Pllblic agencies and groups, a;",d notice of its COntt!'liS was
pro\'ided to c.ffecied residents and pmpeny owners through \l,'ririen and p'.lbJished no:ice c.S
re!lected in the record. Prior to final Gdoption, public heaings will have been held by the
planning commissions, the elected governing bodies of al1 three jurisdictions, and the
Metropolit2.n Policy Committee. The City of Springfield will conduct additional public hearings
to adopt Refinement Plan Amendments imended to implement .the Metro Plan Amendment.
.
Goal 2 - Land Use Pl~llming. This goal reqllires establishment of a lc.nd use pJc.nning process
and policy framework as a basis for land use decisions. Satisfaction of this goal requires
adoption of a comprehensive plan and its acknowledgment by the Oregon Land Conservation and
Developll!ent Commission. This Metro Plan amendment is being processed as a citizen-initiated
amendment as provided for in Chapter IV of the acknowledged Metmpolit2.n Area General Pla:i
and as implemented through the acknowledged land use codes of the three jurisdictions. Funher
refinement ofthis2.mendment will OCclIrthrough adoption of new policies in the Mid-Springfield
Refinement PIc.n and through implementation of the City's site plan review st.c..ndards.
Goals 3 & 4 - Agricul1ural :lf1d Fortst L:'lI1ds. These goals protect farm and forest l2.nd. The
site, annexed to Ihe city in ] 960, is in the geogr2.phic center of Springfleld. Jt is acknov;']edged
urb2J) land, No pc.rt of the subject sile or ?,ny abuning or nearby sile is planned, 2.oned, held,
or suitable for agricultural or forest use.
Goal 5 - Open Spaces, Scenic and Hisloric Areas, .and J\'atural Resources, This goal
requires the conservation and protection or inventoried and significant open space, scenic and
hisloric areas, and natural resources unless conflicting uses have been identified and justified
' through an analysis of the economic, sori?.J, environmental c.nd energy consequences (ESEE
' analysis).
., . .
.
.-
Ordinance No. 5616
Page 12
O d 5616 Exhibit A-II
r .' ,
,'-
~o part of the site is within a lioodpl~in or 1)Ooo\\'a)'.
No thr~lened or endangered species r.c.\'e been found on lhe site,
.
Drainage ditches and wetland areas on lhe site were identified c.S riparian resource in the
Eugene-Springfield Metropolitan Goal 5 Wildlife H;:.bitat Inventory (Lev 1990). Two
sections of the Q Street ditch extending into the property were described, and \'alues 2re
identified in the inventory as a wildlife travel corridor. Site descriptions 2nd m2ps fiOm
the inventory 2re 2T!.ached.
A 1990 study of the site W2S prepc.red for the City of Springfield by the Mitche1l Ne1son
Group 2nd David J. Ne\\'ton Associ2tes, entitled Anal)'sis. of Development Capability
and Infrastructure Improvement ~eeds for Selec1ed Springfield Industrial Sites. It
was prepared under a feder21 Economic Development Administration grant 2nd is
referred to in these findings 2.S the EDA Study. The EDA study confirms and refines
wetland, rip2.J-ian, and \\,'ildlife \'c.lues on the site as set fonh in the 2!1.2ched excerpts
from the study.
Goal 5 was applied at the time of acknowledgment and the determination was made to a310w
urban development of the site but to limit sl.lch development by application of protective plan
policies at the time of review of specific development applications where Goal 5 resources h2.d
been identified. The current amendment does not alter this acknowledged program to achiA
the goal. The program itself will be cpplied at the time a specific development app1ication~
received, as a required element of the city's site p1an review process.
The En\'ironmental Resources Element oi the' Metro Plan implements Goal 5 as to such
. identified resources. Objective 2 (p. IlI-C-6) requires the integration of open space and naturc.l
f~tures into the design of urban development. Policies], 2, and 4 (p. Ill-C-?) require the
consideration of downstream impacts of development, prohibit development in the !loodway, and
require site-specific soils and geological studies where potential problems exist. Policies 18 aJ1d
19 restrict development in wetlands ar~s. Policy 20 encourages local governments to regulate
development in such a manner as to better control drainage, erosion, storm runoff and to'reduce
street-related water quality and quantity problems. PoHcy 25 requires that,
"'Vhen planning for and regulating deve10pment;.local governments shall each continue
to consider the need for protection of open spaces, including those characteri2.ed by
significant vegetation and wildlife. Means of protecting open space include but are not
limited to outright acquisition, consei\'2tion easements, planned unit development
ordinances, streamside protection ordim:.nces, open space tax deferrals, donations to the
public, and performance loning."
.
Ordinance No. 5616
Page 13
Ord. 5616, Exhibit A-12
.-:
Development of the s:..!:,ject propeny m::y (lrcur only Gfler s::e re\':e..,' piJrsl.:Gnt 10 Spri;;gjJt)C
. _Development Code, SDC ,!..nicle :, 1, w1;ic!1 rE-quires 1h,1 lhe des:fn of lne proposed
~ development, as conditioned, "mitigales 1Ce;;tilied negative imp?cls ::nd resoh'es identified ic.nd
'~ \:se COT111icts," incJudir:glhose idemiliedhe;e. 3] .060(3). B:ch siit p]2.n re\'iew ::ppjic::1ion
must includeawriuen description of the development proposal c.nd a si1e ir.ventory m,p sho,,,,'ing
slopes, natu!7.1 fe.G!Ures, and existing public facilities. The development pJc.n must show how
n2.tur::.l feGtures wiil ~e modilied by construction activit)', showi!ig building footprints and
eJentions as \}.'el1 a.s pc.rking and circulation, pubHc improvements, drc.inc.ge, and lancsc;:ping,
Site review ;:ppro\'z.l of a specific de\'e10p;:'.ent propos:?l on t~is slie \}.'il1 require th::t the
app]icable reSOurce p,olec:ion policies of the ~1etro PJa:1 be aoc,tssed, c.:1d th;:t ;:pprop:-:c.le
prmection be ,-fforded. :~,ccordingly, t!-ie si:e C2.!'l only be de\'eJope.d "fler imp)ementc.lion of l:;e
plan's acknowledged program to achieve the purposes ofGo~ 5.
In addition, all wetlc.nos fa11ing under the jurisdiction of the Division of S:2te unds "nd/or the
'Corps of Engineers win :,e protected as requiied by applic;:b1e S~le and federal jaws and
regulations. The foresled welland, drc.im:ge dilCh, c.nd wet meadow '-Tea idemified in the EDA
Study as "the most s1gnificant wetland resource ;:rea" on the site has been identified on the
applicant's conceptual plan (copy attached) as "Enhanced \Vellc.no" and shall be fully protected
under any development plan that is ;:pproved.
.
Goal 6 - Air, \Vater and Lrlnd Resources Quality, This goal requires that local
comprehensive plans and implementing measures be consisient with state and federal regul::.tions
governing air; w;:ter, and, land resources quality. An LRAPA :?nalysis of emissions from the
nearby industriil area confirms that those industries are operating within existing safety stancards
and that exposures on the site are we11 below those st.2.ndards, In ;:dditio:1, the application, ::.s
modified, calls for an industrial buffer area east of the only existing ht2.vy industrial facility near
the site, the Ne~te resin pl::.nt. This ::.rea will be designated for Light-Medium Industrial use,
excluding all residenti::.l uses and permi!ling only light manufacturing, assembly, 2nd \\'c.rehouse
type uses, providing both a buffer ,-nd a logical transition. Eased upon the models which
LRA.PA has developed, the proposed bufier will provide far more protection to the ;::sidents of
Springwood th::.n is required by ::.ny applicable statute or regulation. It will pro\'ide ~:c:.y times
the protection 2.fforded to plant\vorkers under federal law. And it will pro\'ide substantially
more separc.tion from Springwood than is currently enjoyed by residents of the trailer park just
nonh of the pl::.nt. The matrices 2nd printOuts that LRAP A has provided project potential
' concentrations of formaldehyde in the 2.ir &.t \'arious dis12.nces to the east of the pl::.nt when the
wind is blowing from the west. The matrix specifies .14 wind speeds and 6 air stability levels.
At any specific dist::.nce and direction, lhe projected concentration would exist only \1,'hen the
wind was blowing in thc.t direction ?t lhe specified speed under the specified 2ir stGbility
conditions.
.....
.
Ordinance No. 5616
Page 14
Ord. 5616, Exhibit A-13
An onsiie c.1i-qu::.li:y ltS!, i;1 which ;:';e:::s~;;emtn1S were t21:en for six hours a (2)' u!";Ger \'c.~:::.'
a;)d u:icomro)1ed "\'e.Gi~,er co;,c::io:J$ Cl:i ;"0ur tOl'lstcuti\'e wetl:d2Ys (Friday, ~\1G.rc~ J, L
" Mond::y-\\'ednesc2Y, M,;ch~,6). 1ro::1 n'o si~es, one due e2st of the Nes1e 1'1::.:,t 21 i~je ~s:e~:i
edge of the proposed ::ious!r1:-.l buifer. r.nd lhe other in the residenticJ C.rea just no;";;' oj l~;e
, buffer arel, detecled :-10 more ihi-.n .0:11 1'pm, 2\'erc.ge. exposures on any 02Y, using ::;e i.K'st
sensitive testin~ meihoooJoE v ::'\'c.i12D le.
... .01
The highest projected cO:1cen:T::.:ion i:1 LR,~.?A's model occurs right next to the plc.:-.t 0:'1 t~;e
., t ., f t"'~ iOt"\ ~ t ..~;~.. - ' ..:"....t 'i""-' ,0 -00"0 t r.. ~\"'\ I . ....;-, .....c; .......:-1
~es ern Sloe 0 ;J.... ',,/'.00 ,.:..,0.-:0 ":" ( \\.::~, O\cr) It::e J.om '::d) pOle'd,.::.......G..;...::
\;se, o;:]y u;1der sDecific w:nd c:recl:C:i. '.,'::-,0 s:>ted, and air st2biJitv condiliOilS. Tr::s le\'el :s
. . ,
approximately oneo~::.Ji :~,e leyeJ 10 which "'. cders m::.)' be exposed cominuously for e:g~lt nOt.:rs
a day, 300 cays a ye::.r under l~le Ftd;,~l Occupational He.ahh and Safety Act (OS:::\). Tr,e
OSHA s!2.ndard is 1.2 p"ns per miJJio;1, or ] :500 micmgrams per cubic meter, compc.:e.d with
.the me.c.sured .001 pp!7l. or < 1 microgrGr;;~;c1.!bic meler actuaj]y me.c.sured in the mO;litonng
tests described e. hove.
The highest pmjecied concenlr::'lion o:::.:rrir;g outside the proposed buffer aTel, according to
LRAP A's models, would be only one ihird of ihe eight-hour, 300-day-per-yec.r OSHA s:c.ndc.rd.
Funhermore, these exposures would, according to the model, occur with far less fr~uency than
the daily e:,>:posure assumed by lhe OSHA standards. For example, the highest concen:~tion on
the site, which occurs 2t the west side oj the Burkland property ne>:t to the railmad right oi way
just east of the Neste ph.nt, Occurs O!1Jy aboUl one percent of the time, compc.red to the 8-n.
daily exposure of double that cO:1cemraiion permitted for workers at the plant site. :
LRAPA's model assumes that the wind jlo\\'s generally from west to east toward the Sp:-ingwood
site about 25 percent of the time. The rest of ihe time the wind will be blowing the plc..r;t's
emissions in other directions. The most common condition on the site will be a zero
concentTGtion, because Ihe wind will be blowing in another direction. \Vhen the wind is from
the west, concentrations at ?ny given distance will often be at or near zero, and \:,:m only
occasion2.JJy and b:-ieily 2.pproach the highest concentrations, which themselves are weB beiow
the OSHA standards. The most freq'Jent comb1n2tion of west-to-east direction 2nd any given
air s!?-bility condition is ::.bo!.lt l3 percent, which is to say that about 13 percent of the time the
wind will be !lowing gener::.J1y ""est' 10 east under stability condition D. The highest
concentTGtions projected for the entire silt OCCllr when the wind is at one mile per hour under
these conditions, or about 8.5 percent of the t1me that all other conditions are present. Eight
and a half percent of 13 percent is 1.15 percent.
..
Ordinance No. 5616
Page 15
Ord. 5616, Exhibit A-14
G 0,1 7 - Arras SIl bj ('ct 10 :\,11l r:1i 0 iSOSI.'.. , 11 d 11020 ,'ds. This fool n:;ui res 1021 i 0 <ce<s
.... of '.Iural hnlires, SIlC h .s I.ndslides .nd 1100ds, de,.. lopme",s ~ U'I bco,?c'me ;;p1':op:io! e
. ~... .~.~": .,,':.~~""s~feguards.
..... 'w..,.
.'
~" ..,... - ~
,i o. '.j. '
!If el ro PI. n Po Ii cy C -4: Loc. I g OveTO me ill s sh.1I r"l u ire si:e- speci;j c soil s"rve ys .n d
geologic sludies where pOI<;n1i.1 problems exisl. \\'hen probJms ;;re idenlijjed, 10:.1
governments shall require special design consider2tions c.nd cor.S:T!Jclio:J mezSl.:res :,e
I.2ken 10 offsellhe soil 2nd geologic conSlrainlS presenl, 10 prOJect lije .:,dpropert)', .00
10 piOleCt en\'ironmentc.lly se:isili\'e r.rci;S," ?c.!;e ]JI.C~7.
- ,
The sile j S nOI in ;; nOOdp!.in or !lood\\.a)'. 11 is level .nd nOI s"bje" 10 sli oes. The gcal coe,
nOI .ddress .rthid.] hazards, slIch 'S Ihose from I"'flic, indust;;.1 ."ivil", or excH'.lion. The
.pplic.n! h.s .ddressed the problem of noise, s.fel)', .ir qu.lil)' .nd co';'p.libilily wirh nea:b"
indusln.1 adi"iries by proposing a I.rge buffer of nonreside'li.llv-desiEn.led J.nd 10 Ihe easl
ofLie exisling res;, pl.n1. In addilion, the .pplic,nt h.s proposed 10 j~nce ,od I,ncsc,pe !he
.. entire weSlern bOllnd.ry of the property, cons;slenl \\.ilh Wet!.ncs regu!,!ions. 10 prcvjee e
- .. bermed zndfenced buffer '1 leaSI 30 feel deep, ,long wirh a s;mi;zr b"ifer Z7t.! '1 ;"'SI Ooe
. ..hundred feel deep ,long Ihe nonhwesl bound.ry. These bujf"s sr..!! Ole :',"hemem' ._, _..15
pJ~T} amendment. 10 be :rr:;:e:;,en!ed UPon s::e 7eview.
.
'. Goal 8 - Re-cre:ltk':iaJ 1\'e-eds. This go~J requires plan:-::::g for recre~tion arezs. facilities ~nd
opponunities in 2ppropri~1e p,oponions and in such quantity and Joc~lions as is consistent \\'~th
the a\'aiJabiJity of rtsources. The site is located four blocks due west of Tyson Park (see
::\ttacned '"':~; :::::-:: Vio.S:)r:r:gfield Refinement Plan). we]] wj:~::; :he park's half-mile service
"'dius. The pzrk provides the neighborhood wilh opeo space, ;0;:0,11, picnicking, b,skelb.all
facilities. and ODe;) sr::c:~. The Springfield uea"is well-served by the \VilJamaJane Pc.rks and
Re.c:~:km District. with a complete park system. indoor pools. and athletic facilities. The
centrd location of the site will make efficient use of these facilities in a weH-served pan or
town.
Goal 9 - Economic De\'eJopment. This ~oal calls for diversification and improvement of the
econpmy. Among other things. each ~ommunjty must inventory its slock of buildabJe
. commercial and industrial lands. project future need for such Jands. and plan and zone adequc.le
acre.2ge t~ meet the projected needs.
.
Ordinance No. 5G16
Page 16
, Ord. 5616, Exhibit A-15
O\'erall, the Eugene.Springfield ~re~ :~ (~(lmp:.r;:'..ji\t;y .\\t1J-~t)~plied .wj~~, in~,UsIriGl l~nd..T.i
~1arch, 1991, Dr::lft Metro Area lnGt:s:mJ L::.!",r:s S:~lCY pr(Aiuf:S lflC fU;Jo\~mg figu.tS, b,~
upon a detailed review of ail indllslr1;;.1]y.de~~fl;~;tj ~::tS Wilhi7'l ;)ie region:::l growlh Dounc::.;y:
ShorHerm supply:
ShorHerm demc.nd:
Long.term demand:
Gross supply:
Buildtlble supply:
Constraint free:
1 ,9~7 i:cres
2:810 ~lO acres
6:'0 10 l, 1 70 ~:res
1 0"0 . ~.'S
-t. ....,. .":\..C'
~.60~ (:.:;es..~ '.-
L6SS r.C'rts
However, a much more detailed ,md i::.dep:h s:udy (Ii 1~;e sile's cbsoluie and rel~ti\'e potern:al
for industrial development was conduc;ed for the Ci:y oi Springiield in 1990 as part of the EDA
Study. This study concludes that the sile \\'ould rtq'Ji;e major off.si1e improvements, at a cost
" of 52,000,000, raising overall development ('os:$ lO c.pproximc'1e1y 53,600,000, o~ over 5 1 OO,~DO
"per 2.cre. The principal need is for em access rOtld 10 ImerSlaie Conneclor 1-10), access WhlCh
a number of otherwise comparable siies in Ihe region already have. The slUdy notes that the
city's resources for infrastructure are l1miied and recommends that it concentrate them on its one
. nr two best sites, which do not incluce the Burkland site. Even with such improvements, the
study finds lllc.\. the prOperty is so c9nfigured that it \~'ould best be developed in phases,
eliminating its value as a single Jarge sileo The study finds that Ihe neighboring Giustina site,
across h1ain Street to the South, is similar in m;:my ways, as a large site in single ownershi.'
the S2.me location, but that it can be developed at fc.r less cost in infrastructure improverne
The study recommends that the sOll1hern end of the site be developed commerci2.11y, as is
proposed by the appllc~nt,
The draft Industrial Lands Study also finds Ih::.t the most likely projecled long.term demand for
industrial land throughout the entire !\~eIropolitan Urban Gro\!.,!th Area "is estimated to be 650
acres." A Jess-likely scenano projects a long-term demand of 1,172 acres. Springfield has half
of the 48 JOO-percent constraint-free, shon ;ermsiies. West Eueene and \Vest Sprinofield
- .::0 ,
which includes the Burkland site, have the best supplies of "constraint-free industrial sites that
are P!esently within a city and [are) weil.served with improvements." West Springfield has 627
industrial acres, with the "fewest poterilial constraims and the most constraint-free sites (20) of
2011 regions and it is generally wel1.sen'ed by public impro\'emems." \Vest Springfield's current'
short-term sllpply exceeds Ihe "most likely" long-lerm de.mand for Ihe entire Metropolitan Urban
Growth Area. Projected demand for heavy industrial land is not anticipated in the study.
.'
.
Ordinance No. Sblb
Page 17
Ord. 5616, Exhibit A-16
.
L,bor Supply :ll1d Indll!\lri:11 Gro"'lh
,-. ..' . _:, ~ s _' .'TheNovember.i 990. D'.il Jr." "'lri>1 L:,ncs S lUdy fi nds Ih.llhe '.Iong- 'erm dm,;e.:, ,;on oi :oe
. . .: - -. ,'0 .,,<rage earnings ;>er 50; rel.';'.e 10 :1-,e ',,"Ie a!ld !lalio!l will COntinlle 10 be a ci,;o""",, 10
labor migralion 10 une COllnl)' and lhe EIIEene.Springfield !'lelropolilan area.' The 5,"c)'
- . · ...-.' - proj eels · labor shon.E es .nd a ,lowdown in e m pi oymen ( gTO\I.1 h.' .... lead i n g g u id e 10 ind" >:",1
location observes that ,
- ~ ..~ ..
"It m~v n"'t ,l..,. "'r.j'Pl"ijAd \0 C'':'e' ""1 ',l.."'r :s the n"lc.t 'l""'O..,~,.,t . , .'...
Co) I \" ~1~ ,co .. \.. \, " -.... ...t', 1.~~1\,. '. ~ J lIt' I,C,.. S1i;g:e .c,.. ;(\r
influence ?1.nl ;oc>1io!l; (.nd ;>lam ,elooa:;on) decisions. - Without a 'u;>ply oi
compeler.l \l.'o;-i:ers no ?)::;nt cr.;') o;:,e:'G:e efliciemly 2.nd compe:il:vely in a mlr'l:el
ec?nomy. For this rec~on proo; (If Ihe a"ailability of a qUcliiied labor force lr.::t
can be hired 2.t a reasom:.ble cost is ofien required by an industrial lirm before it
wi]) Jocale in 2.n 2.rea, . ,.. Moriarii\', Industrinl LOc;llion nnd CommUnil\'
De\'eJopment(U~C Press 19S0) 1 S I:. .
- Labor Supply :lndAffordnbie H 0,-'~" ;::l. C.-,: ~;.; Lrnk
.
A decline in ..'. g., ::c :, Cd set in p.n OJ' a decline ; n shelter COSIS _ ) _ ,. '0 " _ h ~." -ne.
C::T'\~"':-~"'~~ 0;-"" '..,. . ""'n a sl..."'dy )'l'c-e-ri:. :- .\.....,:..~ ,..,.._.~ "eSultl'no )'ne. ~n even !i_t~,:t: s:~~t:~
......._......,u _.~ "-. .....1 ~ 1 j t'.~_ ..j~JJ......~l ___....:> _ , ,
0; ,l::~" : "U" ,,"': :','I'ed workers. n., ":7...,unil)' which oifers Ihe best combin.:;on of \I-.ges
c.nd shelter costs wiJJ r.a\'e a strong COnjp?,ralive ad\'antc.ge in attracting and retaining the labor
force necess2.T)' to attract and retain industry.
'. .
A Task Force on Homele,,",!s r.nd Affordable Housing found in a repon issued in Novem~er
of 1989 that:
~
"A serious c.nd growing affordabiliiy crisis in Lane County" is evidenced in part by "tne
increasing proporti6nof incomes Ihat households must pay for housing. "
- ~
Among those most affected by the affordable housing crisis are "the work3ng poor,"
employed he2ds of hOllseholds caught bet,:'een falling wages and rising sheller COSts.
~
Tn ] 988. over 20 percent of ?,ll low-income renters in Lane County were paying more
than 75 percent of their income for rent's..
. ~ "I'
:.<:;0.1 10 - HOUSing. This gO.1 requires local jurisdiclions 10 provide ior lhe housing needs of
<:ci.tizens of the state, and provides that" Buildable l?nds for residenlial use shall be invenloried
.. ..~. and plans shall encour<ge Ihe rS2ilabilily of .dequale nu mbers of hous; ng unils a( price nnges
and rent levels which are commensurr.le with the lin?ncial c2pabililies of Oregon households a:;d
allow for l1exibilily of housing loer-lion, type 2nd densily. II
.. ~ . I '
. ,--
Ordinance No. 5616
Page 1b
Ord. 5616, Exhibit A-17
.;ecording 10 1he J=~leS1 ) 9~1 C;(::lS (If :~'IC ~h"i:O :;rea's indtlS1ri~l 12n~s swoy and residen:.
~,nds si'.Jdv, mecil!m del~sjlY rc-~i(kn::d j~l1!d (:ji0cmions are extremely.!ight. especi2J1y when.
. . .
d . h' d '(.'r:-11-"'d -1'1"\~' ':"\"'(. .
contr2.$lt W11. m 'k: ;.. ..::... r.,J~.,.::;\. ".'
. - The drGft residemi2.l l~.nds sludy shows a ?~oj~(,ltd medium density residemialdemand of l340-
. 1440 buildGble acres o\~er 1!ic long-:emi p!r.r.ning period. The long-term, unadjusted gross
.... supply of land design~.ltd (-ithe'l' in the' pl:1n 01' on :l zoning m~p, is 1 ,3~9 ceres, less th:~.n the
lower. of the two projecled 1if\:res. T!ic ~\~~:~l ~lIpply of medlum densny land not subject 10
Dh\'sicGl conslraims, such (:s welb'lcL :~00c1 p!,;ir;s. (lnd se\'ere slo?es, is ~87, or Jess :1';2:1 :5
;,e;cerit of the desip'l2.ied ;,;nd,
"
A funlier descriplion oi ihe ir.\'eniory :5 ~;o\'jdtd by J~nd use consultant Jim Saul, which
coniirms that tfle supply is indeed very light.
By contrast, the draft slt!ay on hd~s:r::d L,:r:d supply 2nd demand shows thGt the shon-:erm
supply exceeds b01h snorHen:'l ~.:'ld 10:';g-ierm dem:;.nd. Short-term supply is ] ,947 ccres. Shon-
term der:'l~nd j~ 2~e to ~) 0 acres. Lor;g'lerli1 demand is 650 to 1,170 acres. The gross supply
of industrial land is 4,039 acres. The lo::~-term buildable supply is 3,604 acres. Currently
constraint-free land is 1,688 anes.
Tnis shon-fall in the area's muhi-fe.ni11y im'emory does not help what has become a significant
problem: affordable housing. During lhe JO years since the Metro Plan was acknowledged, .
lack of affordable housing has ,giOwn sleadily worse, bOlh nationally and here in centrc.l Lane
County. Documentation of lhissil\l?lion nationally, is found in the National Housing Task Force
report, State of lhe }.Jillion's HOllsine.
Locally, a v(',riety of studies have m?oe ~imilr.r lindings. Among them are these:
The ) 989 Lane County TGskForce on Homelessnessand Affordable Housing reponed that "lhe
only resiqenti2.1 housing cons!rllctio:'l :1:(,t has occurred since 1979 "has been planned and
. designed for the higher income sector."
The rental vacancy rate inune County has declined markedly since the mid-eighties, while
rents have steadily incre2sed (.1 r?les subst?nti(.1.~ygret'.\er than aver2.ge median incomes.
. - .:1 .~ ,,'"
Little new rental construction has occurred since J 979, and "what there is has been planned and
designed for the higher income sector." In Jllly, J989, for example, a description of recently
proposed re 111 2.) projects in Eugene p,ojtcled the lowest rent. for a two-bedroom apanment at
"$595 a month.
"
..---
Approximately 28,900 b.ne COllnty ]';ollsehoJds are considered low-income, meaning those
having incomes of Jess than half Ihe ",,6;an (S 1 4.750) f 2111iJy income for a family of four. .
Ordinance No. 5616
Page 19
O d 5616, Exhibit A-18
r .
The r.alion~l, Slale ~,nd 10(',..1 l~c:':CS dC~~;;:l.:d ::i ;~je T?~t; FClrce Re~o:-l "li~wdrGSliCi:l1y ~f~'t:-:td
... ::.::~ .: ~;;':;_~:. "l~~ 4:~ilit)' of these L?ne C01ml)' rc-sicl;?;i;S 10 :ind :md :e12in homing."
,....:.:.:....:..,.~,_.-. .
- -.:~..;: ':~;' -.:. "- "Using 1lie fe-der;;.) deliniiiO:1 (11' r.ilo;c!:::..1e ~;o;.!~i!ig 2.S 30 percer;t of hOl.Jse)i(\ld income for rt:':1
. - and utilities, . . . Ihere Gre \'ery few je:"::;;.l or f(lr,~:.le \:nitst>.iforc2.ble 10 C0~ln1Y residems: who
f,lJ into these income categories."
., ...,;.
l..2.~d intended 10 meet Ihe need fN r.fforci:l'l1e housing, namely land desi~l~aled for rm.:::iple
family use, h?s pro\'en fiN 10 be i:C1tl:::J1y (.lid me?ni:igftllly 2\'2ilable for suc'h housing.
0- ...-' .... l'.t "~h '. ' ..... ,. .: .....1- ...,..,...; ..... p'.' JAl. It: 0 \...s' ~ '" ......t
.Ie r:.c.1n ;.Coson 1 Ie S..~: ldncs c.,. .:01 in ;::1. ~\GJ.c,:),. .or ,:;O;Cei) ... .IOW_In:. I" o-..e.l ,..Co
affordable housing has been Ulii:ble 10 cor:',pe:e wilh o;lier uses permitted (In such Jands.
A principal competing use ~s higher-income ly,uhiple f2mily hOt:si:;g, Wlllch has driven lhe p:ice
ofland available for muliiple-fe.mil)' ho!.:sir.g out of reach, as evidenced by lhe increasing market
values of such lands and by the dei:nh oi r.l1orb.:,le mulii.faml1y housing construction in the 12s1
ten "eaTS.
.'
"For ever)' 51,000 oi housir:g cost reduced, ;he proponion of families who can afford housi;'lg
dramatically increases due 10 lhe shr.pe of lhe income distribution curve." Bergman,
De\'elopment Controls and Housing Costs: A Policy Guide to Research, in Volume III,
~lanagement ~nd Control of Growth (UU 1975) 531.
.
"Per unit differentials which c.re due 10 zoning-induced imbalances of supply currently exact a
premium or 'hidden tax' on sl1ialler lot, lower COSl housing.:' Bergman, De\'elopment Controls
and Housing Costs: A Policy Guide to Res"~rch, in Vo]uil1e JII, M:magement and Control
of Growth CUll 1975) 531.
Goalll - Public Facilities and Senicc:s. This goal requires the provision of a timely, orderly
and efficient arrangement of public fi1ciiiiies and services, All urban services needed for the
proposed development 2re o\'t=.1lr.ble in this ftll1y-de\'eloped and wen. served central urban 2.re.2,
including fire and police protection, pr,rks, Sr,nilr,iY and S1Qim sewers, mass transit, schools, and
urban arterial streets.
Sanitary Sewer: The slle is served by a system of gravity pipes l"2.nging in siz.e from
8" to 42" in diameter. See Figure 6.3F in the EDA Study. The existing 42" pipe
carrying flows west from Ihe nonhern end of Ihe site has ample capacity to handle the
proposed project, and the applicant proposes to tie all development on the sile into that
pipe. There are capacity problems with the sewer along Main Street upstream (easlerly)
from the south end of lhe properiy, The City's 1989 Sanitary Sewer Master Plan ca]ls
for replacing the 27" pipe re?ch r.long M71in from 32nd Slreet east with 36" pipe, The
project's use of the 42" n1c.in ?l lhe n0r!h end of (he property wOllld have no effect upo~
this problem or lhe proposed sohilion.
.
,-
VI
Ordinance No. 5616
Page 20
Ord. 5616, Exhibit A-19
Stonn S~wc-r: Fi~~l;e 6.:F in lhe ED.'; Slud\' ~ljo\\s lhe eXiSlin2. Slorm dr2jn2~e S\'Siem
1n 2nd 2TC\und 1:-le ~jl~. Tl)e Current ~Y~!cm j!;cudes bOlh closed ;nd ope:1 dr::in;ge ~'"'Y.
Pipe sizes r;:,nge f~ojjj j 0" 10 66" in ci,:me1er. The ditch through the ctmer of 1he
Burklc.:id sile c~rrits "'...ltr from (llol":g ~1?in SiTeet 10 Ihe Q,Slrttl dilCh, which lJOWS
west to ec.st Pc.stlr-Ie :lonhern border ollhe site. Surface runoff from the residen1121 area
10 'lhe east is dire~led inlO dilches 1hr.1 110w \,'est onlO swales on the Burkland sile. The
EDA study S12.:tS :l1Gt lhe Burl:land si1e ('auld be served for industrial development by
replacing the open di1Ch wilh "a 66" pipe lhrough the middle of the Burkland site a;"ld
uli1i:u.lion of l~ie txislilig syslem Wi1!~i:l the !\kKeli2ie Hig.hw2)'," As the e?p1ic2n\'S
engineers h2ve de:ermined. 1he S::ll1ie ~('Ilulion would fully sei\'e the proposed mixture of
residerJlial 2r:d ~cl;;',!iiercit:l l:S-:S emb0died in Ihe c.pplicant's proposal for the sileo As
lhey say,
"The proposed development would cause less impact on the storIn
sewer syslem Ih;;,n w~,s origin~Jly amicipated for heavy ~.nd light
bdl.Jstr.~1 development. Residemi?.J developments have a smaller
percem2ge of impermeable surface areas than industri21 sites that
typiccJly na\'e requirements for large structures 2nd paved
c::urf~c:T'\O " .
_ J~ i'J:;_
Modifications 10 the existing drainage system sha1l be approved upon site review and
shall be sueh ~s will, on bc.1anee, protect and enhance its amenity and resource VaJU.
maintain or slow runoff rates, and preserve or enhance its c~rrying capacity, consist
with applicable plan policies c.nd wetlal1ds r:egulations.
Goal 12 -TranspoI1~tion. This goal requires Ihe provision ofa safe, convenient, 2nd economic
transportation syslem to move people and goods betv.'een geographic and jurisdictional 2reas.
". The site plan proposes a nonh-south through Slreet that runs from Main Street on the south along
lhe west side of lhe centerline dr2inr.ge dllch and win exit from the nonh-east corner of the
property, just south of the wellc.nd/woodl?,ndpreserve, onlO an access leading to 32nd Street.
This will provide two points of access 10 Main Slre~t both for residents of the new developments
and for residents of the existing residenlial ?orea to the east, who have expressed a desire for
improved circulation and access. The Toadw?,)' will also provide bus access to all parts. of -the'
" development. A bus SlOp and shelter facility will be designed in cooperation with lhe Lane
Tr2..1iSit District to 21low residents access to mas.s transit..without having to cross Main Street.
Current traffic \'ol\l1Tlts on Main Street near Ihe site are at accepl.2.ble levels, varying between
- :;Level of Service Bend Le\'el of Ser\'ice C: These levels of service reflect urban traffic volumes
-'. but also ref1eet smoOlh 2nd unobslructed !lo\\'s of Iraffic at urban speeds, The City of
Springfield's Tr2l1spom.iion Depanment h~s :1d\'ised Ihe project engineers that the Department
does not foresee prob1ems with the trr.ilic \'ohlmes ?ssocialed \\'ith Ihe proposed project. lf 2n
impact study reveals a need for a lr:111ic sign?l, refuge li'lne, or other improvements, such
improvements sh211 be pro\"ided for (\t Ihe time ofsile re\"iew.
.
Ordinance No. 5616
Page 21
Ord. 5616, Exhibit A-20
.-
.
'''.';'. G0:11 13 .:. Em'ro\, COl1!-(')"\ :It iOl1. 'j>~ ~I."d ~'-l':::;I?~ :h::1 bnd \l~es l:::;\::,';::'c {,o:;~t~\'::::0:: c.:'
.' - :0.. ...
.,,- ". .<; ~~1 fOri11S of energy h~.~l"j (In '(H::',d \.'I..,ln~\i''';i~' prin~'i:)1cs. Th~ p!,~,;>,~~.j, ~:;-: :s p:m 0i :~;:
"~.,,,:--: ,.' ex:s1il;g mb:1:1 fabric of S;,;i:;~l:i."l\~. :''-:'.\ \."\.":i :\',0 l::r&t r~~ide11licl :.rc:::~' \\ ~:i':';1 :-:re fully s-:~ycj
. . " . .,.. .,.,.. '1' -l \ '
b\' eX1S11n2. ~l:te:s r.J:d ;;:.;';~:1 j;-:Cl::;~~'~. J :,e ~J:e :s more ct'mr:-::.y !tl('r.~tu 1M';)) ~:"JY Cli:::r
. - .'. - .
.. curreml\,-des:ona1tdmtC:1:::j-(k':lSh' :~'~:dc-:';:i:-.J sile (11 more'lh~n h:,M i:s ~i2e Gnyw],ere \,'j:::i:;
c>.' ..:: .- lne Met~opoJi;n Area er:':.:1 Growil1 3C1U:id:;;y, It is on an exisling ]j:~in LGr.e Transil Disin"i
';:.: Bus Route. Its inlernal Sir.:~t c::':d ~:de\\"::]k ;~"sleJ~'. 10~ether with :ieub,' T\'so:l PGrk. :~,e
_' l ... ~ ..... .
. ~ proposed commerc1r.l node :'1 !\hb S::t.:-l. wi~l c:lcw, residents 10 meet ;;;:.ny oi :htir c~.i1y ,.tees ;
~\' \\,~i";no or \"i,.yc);,..:\ T1'1~ ......,.;I.l.',(l~'..'I.i'1 1(1~') ~YS1e"1 will re~"'i :" -,-CtSir;a'jJr:e.,c\'
. '- 6.. J'\ '::- . '-. .. .. . : .. ..... I ~ . :: . . ... ... . ""... "I" . . . _ .. . . . . r" . . . .. . ..
neighborhood s!re-e:s. Tz'.e i:;c'o;;';t ,:\.t:s 0f ihe ;,opulmion \~'i11 !'tsuh in r.elow.,,\'::-~g:
....\\'o..j("'.."";'e 0 '''...o..(,,-;:~ ....-~ .'(~.("" ..:..", :'"-..... .......~~-:i~i ~...J ~.,l.) -Ot.'l.IJ....~j~:.I..
.:.. , .. I.. '"''' \ \ .. ~ . .> oj . t" ..,." ;. .'.. = ~. I, ':.' :'" ~ ; .. .., . . ,,/I ~I .. c ~ ...> /1 j r . J I.. ./.
G 4 L' b .. -. . 1 . 1 b .,.. l'GB' ) .
onl 1 . T :1 11 12.:1t Ion. I jj;S gl.~;; reql::r\:s l.'l,;t ur i::, growl!) N'It!:iCGnes (....: s:):
estGb1isJied iO assure co!~j'J~ct ,md :l':i"ie:'ll ;::br.l1 trowlh within UG3's while ~roleclin~ r;,;;~l
. - r _
resotlrcelands outside l:G3's. Lse (,1' 11":e s;!bieCl si:e for t'.ffordilble. !;;edlur:;.densil\' ho;,:s:r.~
.' . -
promotes Ihis objecl1\'C i:, m'li:Y \':;'.ys. ~C\l"";e (11' which have been desc;-il...ed in :]"le d:scl:ssic:1 of
. h 0 , I: nAIl .'~d ;..:1:';-' t:' ,;1~ ~.'" .
. 't e ener~), 1ran.pol G..on. r... .r...: :~.cS =0..._. {,~O\e.
In those inst?nces whe;e an lInder ~:11(1c~lio:1 of needed sllppl)' exists, it is necessary 10 Ihe:i
con\'en anOlher in\'entory ~Olirte or 1C1ok lO\\'r,rds em expc'.Dsion in the boundary. Con\'ersiorl of
surplus inventory is fr.r rnore prefer~.bje 1):(::'1 3 boundary expansion.
.
. The discussion under the Economy r.ndH0llsing Goals, above, demonstrates that Ihe Metro Area
has been quite liberal in its allocalion of incilStriallands but quile conseI\'ath:e in its alJocatio;'!
of land for medium dens1iy residemir.1, r.nd !hr.t p~,st residential development has not included
GffordGble Jow-income housing. These needs must be met somewhere, and a rezsonabJe exerdse
is to evaluate the attributes of sites \'.'hich r.re included in a surplus inventory. The subject site
is such a tract. The proposed redes;gn?lion \,'jll aJlow it to be tailored for 2.n optimum use. 2.S
buffer, commercial, and residemial use.
JI. ~1ETRO PLA~ A~lE:\D~lE:\TS ~lUST :\OT ~fAKE THE ~IETRO PLA~
INTERNALLY r.\CO:\SlSTE~T
. .
',The proposed plan amendmenl does not render the Me1f? Plan inlernally inconsistent. Jt seeks
to reallocate most of a single p?,rce] of lel!id from Ihe Melro Area's induslrialland base to the
area's medium densily residenlir.\ l"',;id b?se, As Ihe discussion of lhe Economy and Ho~sing
.,c' Goals makes clet'.r, Ihe realloci:lion do~s not imp?ir the area's induslrial land base, :"lor does it
>",. " reduce shon or long-term in\'eniory :,ei0w projecled demr.nd. 11 will add 35 acres to Ihe Grea~s
." J1miled base of medium densily li'.nd ,;1 ::l sl:e lh:-=.l is fully ~ej\'iced and centrally Joccltd.
I.' ..
.
.-
Ordinance No. 5616
Page 22
Ord. 5616, Exhibit A-21
. .~tlhe S3me time, Ihe ~ile contijjll\:'S W l:'ltct :r,t :iced for a transitional zone, providing a buffer
. ~elwee:1 existing. heavy indlls~ri:!l ~J~rs :.:-,j 10w densit)' residential development. This i.
.' ton'sislent ,,,'ith pl?nning pr?ctke ehe,,, ~:C':-~ in :~':e~'e1ro Pl:.n and Springfield Refinement Plans.
.This amendment presems no i~sue of in{'{\j~~i~~c~KY with the area's refinement plan. The Metro
Plan clearly provides thm refinement pbl~s (;rC 10e::l, interpretative refinements of the Metro
> '- Plan. The do not amend the Metro Pl::!l1 il~ell. 1:1 ca~es of con1lict, the Meiro Pl?n controls,
.' The Plan provides at page }.5 that. "Should inconsistencies occur, the Metro Plan; is the
?re\'ai1ing policy dOC'tlment." The P1::n de:.:-)y cO;':lemplales both that the Plc.n i1se)f will be
::.mended and ih?t inconsistencies belwee:1 ~:'Ie P;::l1 ,nd relinement plans will occur. \\'hen the
?lan ~s amended, those elemer::s of 3 r-:l'il:e::.;::.;t ?:;::;:i 11~3t ::re not consistent with the Plan as
::'i7lended (l.re ineffecti\'e to the extem "i the corlilkt.
. III. THE A~lE~D~lE~T IS :\OT A PLA~ CP-DA TE AME~D~1E~T
In deiermining the classification of a Pl?n Gmend:1if,nt. the Director of the home jurisdiction mllst
take action within five days ofaccepir.nce of a complete application. On January 10, 1991 t the
following findings for classification 2.S a Major Plan Amendment were made:
A major plan amendment is de1ined as... " A change to the Metropolitan Plan which (1) amends
ihe text of the Plan; (2) is a substanti:ll di:1gl.:tm amendment; (3) requires an ESEE analysis
under state\~ide planning Goal 5; (4) requires another concurrent Plan amendment to maintzA
plan consistency; or (5) substantively ::.ffects tJ~~e City of Eugene, the City of Springfield anT
Lane County." '
A substantial diagram amendment is defined ::.s... "A change to the Metropolitan Plan diagram
which is a change to or from medium or high densh)' residential or. commercial designations for
. more than 15 acres of land or which is ron)' ether change affecting more than 30 acres of land."
The proposed amendment would change :he !\'Jelro Plan diagram from Light-Medium and Heavy
Industrial to Medium Density Residential for 52 acres of land within the city llmits of
Springfield.
Although this proposed amendment is s\lbst~.mi~'e, it does not rise 10 the level of a plan update,
, amendment which is defined as: :
, Any change to the Metropolil?,n Plan which (1) changes the urban growth boundary or
i): .. ihe jurisdiction?l boundar)' of the Plan; (2) requires a g'oal exception to be taken under
statewide planning goal 2; (;,) :::mends a fundamental .principle, metropolitan goal or
policy set out in Ch?pier 11 (If ihe Pl~.n; or (.4) requires a sllbstantial diversion of
budgeted p1tmning re~OllrCts from the ~ppro\'ed work programs of affected city
dep?rtments.
.
Ordinance No. 5616
Page 23
Ord. 5616~ Exhibit A-22
.
The subject pr('lt'~.;'",y is \\ilhin 1l1l." ('ll\' limils ;lnd (k~ign;lll'd felr l!rb;:~) m.e 1~1c~ci('lre f:\\
adjustment to eilher hOllnc1::ry is r('qllirl'd 110r :1T~ 111er~ :my r~~(\urce prl1!l'':'li(lJ) i~~ues w11i,'h
require an excepti(l:'\ -pmsu:-ml10 ~l:11ewide p1::nning. goal ~. This pwpClsed ;~m\:'ndmem ~ecks !i(l
change to plan policy or lext and. b(,c:l\l~e lhis proposal \\'~s pri\':-:lely initi:ned ("{'Il1SiSlfm Wilh
the new 2.mendmem procedures. no di\'~ni{'ln {'If budgeted re~oum:s is required 1{IT pT0cessing.
/.,-.-
.
..-
.
Ordinance No. 5616
Page 24
Ord. 5616, Exhibit A-23