HomeMy WebLinkAboutAIS PLANNER 11/2/2009
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AGENDA ITEM SUMMARY Meeting Date: 11/2/2009
Meeting Type: Regular Meeting
Staff Contact/Dept.: Andy Limbird, DSD
Staff Phone No: Ext. 3784
Estimated Time: 15 minutes
S P R I N G FIE L D Council Goals: Maintain and Improve
C IT Y C 0 U N C I L Infrastructure and Facilities
ITEM TITLE: TEXT AMENDMENTS TO THE SPRINGFIELD DEVELOPMENT CODE
Case Numbe{ L-,RP200?-000 10
ACTION Conduct a public heanng on the following ordinance:
REQUESTED:
ISSUE
STATEMENT:
A TIACHMENTS:
DISCUSSIONI
FINANCIAL
IMPACT:
AN ORDINANCE AMENDING SECTIONS 4.1-110.B, 4.3-110.A, 4.3-110.B, AND 6.1-
110 OF THE SPRINGFIELD DEVELOPMENT CODE TO INCORPORATE THE
ADOPTED STORMW ATER MANAGEMENT PLAN, BY REFERENCE, AND
DEFINING THE TERM STORMW A TER MANAGEMENT PLAN, AND SETTING AN
EFFfC'{IVE DATE (FJ,RST ,RFADING).
On July 22,2009, the elected officials of the City of Springfield and Lane County met
jointly and conducted a public hearing on proposed amendments to the Metro Plan and the
Public Facilities and Services Plan (PFSP). At that hearing, testimony was provided
raising concerns regarding the potential downstream impacts to rural properties outside the
Urban Growth Boundary (UGB) and requesting that the City take additional steps to
ensure that future urban development and stormwater conveyance facilities do not
negatively impact lands and p'vp~"1 owners in the County outside the City'sjurisdiction
for stonnwater management.
Since that meeting, City staffhas engaged in a collaborative process with affected
downstream property owners and their representatives in response to their concerns raised
by the Board at the joint meeting. The purpose of the meeting was to clarify their concerns
and to develop additional stonnwater policy guidance that will give property owners
greater assurances that increased stonnwater runoff from future in-city development will
not adversely affect downstream rural properties. To address these concerns, staff
recommended text amendments to the adopted Stormwater Management Plan and the
Springfield Development Code (SDC). The Slormwater Management Plan amendments
were adopted by City Council on September 21, 2009. City Council also adopted the
Metro Plan and PFSP amendments that same night. The Planning Commission reviewed
the proposed SDC text amendments at a public hearing meeting on October 6, 2009 and
adopted a recommendation of support for the amendments. Staff is now presenting the
proposed SDC tex,t ~fndments for consideration by the City Council.
Attachment I: ~talf~eport
Attachment 2: Planning Commission Recommendation
Aflachment 3: ~9inance
The proposed SDC text amendments introduce a definition of the City's adopted
Stormwater Management Plan and provide explicit references to the Management Plan in
various sections that address storm water management regulations. The Y' vpvo..d SDC text
amendments do not change the adopted policies and practices currently in place for the
management of stormwater in Springfield. Therefore, this proposed ordinance would not
change the way the City conducts business, and should have no quantifiable financial
impact.
Di'ltef.ere"'o'.l: /#~L
31 " At
ATTACHMENT 1
SDC TEXT AMENDMENTS
STAFF REPORT & FINDINGS
APPLICANT
City of Springfield - Case Number LRP2009-00010
REQUEST
The Springfield City Council is asked to consider adoption of the following Springfield Development
Code (SDC) Text Amendments: Section 4.1-110.B, Infrastructure Standards - Reference Standards;
Sections 4.3-110.A and 4.3-110.8, Infrastrui::ture Standards - Utilities; and Section 6.1-110,
Definitions.
BACKGROUND
The proposed SDC text amendments incorporate references to the City's adopted Stormwater
Management Plan ("Management Plan"). The proposed' amendments arise from testimony and
concerns expressed by Lane County property owners and the Board of County Commissioners during
the pUblic hearing for amendments to the Public Facilities and Services Plan. The proposed SDC text
amendments describe and reinforce the interrelationship between the City's adopted Development
Code and stormwater management policies and procedures contained in the Stormwater
Management Plan.
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SPRINGFIELD DEVELOPMENT CODE CRITERIA FOR SDC AMENDMENTS
Section 5.6-115 of the Springfield Development Code establishes criteria that must be met in order to
approve this request:
. "In reaching a decision on these ai::tions, the Planning Commission and the City Council shall adopt
findings which demonstrate conformance to the following:
A. The Metro Plan;
B. Applicable State statutes; and
C. Applicable State-wide Planning Goals and Administrative Rules."
A. The Metro Plan
"The Eugene-Springfield Metropolitan Area General Plan [Metro Plan] is the official ,long-range
general plan (public policy document) of metropolitan Lane County and the cities of Eugene and
Springfield. Its policies and land use designations apply only within the area under the jurisdiction
of the Plan. The Plan sets forth general planning policies and land use allocations and serves as
the basis for the coordinated development of programs concerning the use and conservation of
physical resources, furtherance of assets, and de"elopment or redevelopment of the metropolitan
area." P. 1-1 '
Staff Response and Findings
The proposed Development Code text amendments are intended to define and reference the
City's adopted Stormwater Management Plan in various sei::tions of the Code that address
stormwater management requirements. The SDC describes general requirements for stormwater
management procedures in the urbanized and urbanizable area. However, the adopted
Management Plan guides Springfield's stormwater policy in accordance with City Council's seven
Attachment 1-1
Qate! Received: /f/;}P1
Planner: AL
~
Key Outcomes for Stormwater. The Management Plan also outlines a~ivities to ensure
compliance with State and Federal Clean Water Act and Endangered Species Act requirements.
The proposed SDC text amendments "close the loop" on these interrelated City regulatory and
policy documents to ensure specific stormwater policies and provisions in the Management Plan
are cited in the relevant Development Code sei::tions.
The proposed text amendments are not designed to add, delete pr amend the intent, purpose or
meaning of any of the SDC or Management Plan provisions, regulations, policies, or standards. In
addition, the proposed amendments will not change any policies or the implementation of policies
held forth in the Development Code (or adopted Storm water Management Plan). The Springfield
Development Code implements Metro Plan policies, and the proposed text amendments do not
rise to the Metro Plan policy level (and, in fact, are the result of testimony an'd concerns expressed
by property owners and elected officials in the review of Metro Plan amendments). The proposed
text amendments, as with the adopted Development Cpde, would continue to implement the
Eugene-Springfield Metropolitan Area General Plan as demonstrated in the findings of Planning
Case LRP2007-00015 adopted on September 17, 2007. Therefore, there are no applicable Metro
Plan policies that apply to these proposed text amendments.
. B. Applicable State Statutes
Staff Response and Findings
As stated under Criterion A, 'above, the proposed SDC text amendments insert a definition for the
City's adopted Stormwater Management Plan (Section 6.1-110) and provide references to the
Management Plan in relevant sections of the Code that address stormwater management
regulations (Sections 4.1-11 OcB, 4.1-130.A, and 4.1-130.B). The City's Development Code
(Section 2.1-115cB) refers to compliance and conformity with adopted City regulations and
policies, which includes the adopted Stormwater Management Plan.
Nothing contained in these proposed amendments is of sufficient magnitude, impact or effect to
rise to the level of assessment intended by the application of state statutes. In accordance with
ORS 197.610, notification of the proposed Development Code text amendments was sent to the
Oregon Department of Land Conservation and Development (DLCD) on August 19, 2009, more
than 45 days before the first evidentiary hearing on the matter. The DLCD will receive notice of
adoption upon final reading of the Ordinance and signature by the Mayor. The public hearings for
the proposed text amendments (Planning Commission - October 6; City Council - November 2)
were advertised in the Register Guard newspaper on September 23, 2009.
C. Applicable State-wide Planning Goals and Administrative Rules
Goal 1: Citizen Involvement - OAR 660-015-0000(1)
Goal 2: Land Use Planning - OAR 660-015-0000(2)
Goal 3: Agricultural Land - OAR 660-015-0000(3)
Goal 4: Forest Lands - OAR 660-015-0000(4)
Goal 5: Natural Resources, Scenic and Historic Areas, and Open Spaces - OAR 660-015-0000(5)
Goal 6: Air, Water and Land Resources Quality - OAR 660-015-0000(6)
Goal 7: Areas Subjei::t to Natural Hazards - OAR 660-015-0000(7)
Attachment 1-2
Oat",; "f1eceived: ...!~p;/Jtfdt
Planner: AL '
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Goal 8: Recreational Needs - OAR 660-015-0000(8)
Goal 9: Economic Development - OAR 660-015-0000(9)
Goal 10: Housing - OAR 660-015-0000(10)
Goal 11 : Public Facilities and Services - OAR 660-015-0000(11)
Goal 12: Transportation - OAR 660-015-0000(12)
Goal 13: Energy Conservation - OAR 660-015-0000(13)
Goal 14: Urbanization - OAR 660-015-0000(14)
Goal 15: Willamette River Greenway - OAR 660-015-000(15)
Goal 16: Estuarine Resources - OAR 660-015-000(16)
Goal 17: Coastal Shorelands - OAR 660-015-000(17)
Goal 18: Beaches and Dunes - OAR 660-015-000(18)
Goal 19: Ocean Resources - OAR 660-015"000(19)
Staff Response and Findings
Goal 1 Citizen Involvement: The public hearings to consider these amendments were advertised
in the Register Guard newspaper on Wednesday, September 23, 2009. The public hearing
conducted by the Planning Commission was held on October 6, 2009, and a public hearing before
City Council is scheduled for November 2, 2009. Additionally, the proposed Development Code
text amendments arise from testimony provided in the public hearings for amendments to the
adopted Public Facilities and Services Plan - a functional plan of the Metro Plan. This complies
with State-wide Planning Goal 1, Citizen Involvement.
Goal 2 Land Use Planning: Although these text amendments are additions to an existing land use
document, that document was adopted in compliance with the Goals; implements an
acknowledged comprehensive plan in compliance with the Goals; and therefore furthers the
state's interest in the proper and appropriate observation of land use planning goals and
guidelines.
Goals 3-15. These amendments do not change any of the provisions, standards or regulations in
the adopted Development Code. Additionally, these amendments do not rise to the level of
assessment of impact or relation to the Goals contemplated by the state legislature or the Oregon
Land Conservation and Development Commission.
Goals 16-19. These goals do not apply because there are no coastal, ocean, estuarine, or beach
and dune resources within the City's jurisdiction.
There are no State-wide Planning Goals or Administrative Rules that apply to this amendment or
that this, amendment seeks to implement other than compliance with Goal 1, Citizen Involvement,
vis-a-vis public notice for these proposed amendments. Notice of the Planning Commission public
Attachment 1-3
Date Received: I~/~?
Planner: AL
hearing was printed in the Eugene Register Guard on September 23, 2009 and placed on the
City's web site. '
CONCLUSIONIRECOMMENDATION/REQUESTED ACTION
Staff has demonstrated consistency with criteria ofapprovallisted in SDC Section 5.6-115; with
Metro Plan policies; with State statutes; and with State-wide Planning Goals and Administrative
Rules where such law applies to these amendments. The Planning Commission reviewed the
proposed SDC text amendments at a public hearing meeting on Oi::tober 6, 2009 and voted
unanimously to forward a recommendation of support to the Ciiy Council for adoption of the
proposed amendments to SDC Sections 4.1-110, 4.3-110, 4.3-130, and 6.1-110.
Staff advises that the net effect of the ordinance will be to guide development by clarifying the
stormwater policy interrelationships between the City Council's Key Outcomes for Stormwater, the
Springfield Development Code, and the adopted Stormwater Management Plan. Staff
recommends adoption of the attached Ordinance by signature of the Mayor.
Attachment 1-4
Date Received: I/;;/Jn'?
Planner: AL '
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RECOMMENDAnON TO THE CITY COUNCIL
BEFORE THE PLANNING COMMISSION
OF THE
CITY OF SPRINGFIELD
DEVELOPMENT CODE TEXT AMENDMENT
TEXT AMENDMENT TO SECTIONS
4.1-110,4.3-110 AND 6.1-110
Case Number: LRP2009-00010
RECOMMENDATION TO
THE CITY COUNCIL
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. NATURE OF THE APPLICATION
The proposed Development CIJc;le text amendment will define and reference the City's adopted stonnwater
Management Plan in various Code sections that address stormwater management policies and regulatllJns.
1. The above referenced Development Code text amendment action was initiated in conjunction with the
adoption of amendments to the Public Facilities and Services Plan and stonnwater Management Plan in .
September, 2009. Timely and sufficient notice of the public hearing, pursuant to Springfield Development
Code Section 5.2-115, has been provided.
2. The Development Code text amendment action is consistent with provisilJns of the adopted Metro Plan,
and applicable Oregon Administrative Rules and Oregon Revised Statutes as described in the attached
staff report.
3. On October 6, 2009, the Planning Commission held a public hearing regarding the proposed DevellJpment
Code text amendment. The staff notes, findings and recommendation together with the oral testimony and
written submittais of the persons testifying at that hearing have been considered and are part of the reclJrd
of this proceeding. '
CONCLUSION
On the basis of this record, the proposed Development Code text amendment is consistent with the ~ ;;...;.. of
SDC Section 5.6-115.AoC. This general finding is supported by the speCific findingslJffact.and clJnclusion in
the Staff Report and Findings.
RECOMMENDATION
The Planning CommissIon hereby recommends to the City Council to approve the Development Code text
amendments, Case Number LRP2009-OOO10, as recommendSd herein and as more particularly described in .
the _" """"_, ..__ 2. ~ ?~ .
P1arg sto~on Chairperson
ATTEST:
AYES:
NOES:
ABSENT:
ABSTAIN:
B
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Planning COmmission Order
LRP2(}(}!J.(J(]()JO
October 6, 2009
Date Received: 'A/)Pf
Planner: AL
Page 1 ofl
Attachment. 2-1
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ORDINANCE NO.
AN ORDINANCEAMENDING SECTIONS 4.1-110.8, 4.3-110.A, 4.3-110.B, AND 6.1-110 OF THE
SPRINGFIELD DEVELOPMENT CODE TO INCORPORATE THE ADOPTED STORMW A TER
MANAGEMENT PLAN, BY REFERENCE, AND DEFINING THE TERM STORMW A TER
MANAGEMENT PLAN, AND SETTING AN EFFECTIVE DATE.
THE COMMON COUNCIL OF THE CITY OF SPRINGFIELD ORDAINS AS FOLLOWS:
Section 1. Section 4.1-110.B is amended as follows:
4.1-110 Applicable Documents
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B. Construction and design references for public improvements under City jurisdiction.
Specifications for the design, construction, reconstruction or repair of streets, alleys,
sidewalks, bus turnouts, accessways, curbs, gutters, street lights, traffic signals, street
signs, sanitary sewers, stormwater management systems, street trees and planter strips
within the public right-of-way, medians, round-abouts and other public improveinents
within the tity limits and the City's urbanizable area are as specified in this Code, the
Springfield Municipal Code, 1997, the Stormwater Management Plan, the City's
Engineering Design Standards and Procedures Manual, and the Public Works Standard
Construction Specifications. The Public Works Director retains the right to modify the
cited references on a case-by-case basis without the need of a Variance when existing
conditions make their strict application impraCtical.
Section 2. Subsections A and B of Section 4.3-110 are amended as follows:
4.3-110 Storm water Management
A. Storm water inanagement regulations. By implementing the policies set forth in the
currently approved Stormwater Management Plan, provide for the effective management
of storm water and drainage from the City into the groundwater and watercourses within
the City and,its urbanizing area; minimize demand on the City's stormwater management
system, and alleviate future costs of treating the discharge; promote water quality; preserve
groundwater and the vegetation and rivers it supports; reduce peak storm flows; minimize
public and private losses due to flood conditions; and minimize storm water discharge
impacts on water quality and quantity and stream flow patterns, including peak and base
flows in intermittent and perennial streams, within the McKenzie River and Willamette
River watersheds.
B. The Approval Authority shall grant development approval only where adequate public
and/or private storm water management systems provisions have been made as
determined by the Public Works Director, consistent with the policies set forth in the
Stormwater Management Plan and the Engineering Design Standards and Procedures
Manual. The stonnwater management system shall be separated from any sanitary sewer
system. Surface water drainage patterns shall be addressed on every Preliminary Site
Plan, or Tentative Partition or Subdivision Plan.
Date Received:~2/M
Planner: AL .
Attachment 3-1
Section 3. Section 6.1-110 - Meaning of SpeCific Words and Terms is amended by adding thereto the
following definition for the term Stormwater Management Plan:
Stormwater Management Plan. A policy document adopted and, as inodified from time to time,
approved by resolution of the City Council setting forth the policies and procedures to be used in
reviewing development proposals that alter or affect the natural, pre-development flow of storm water.
These policies and procedures are to be applied to public and private improvements and allow City staff
to provide certainty to developers and consultants to permit them to: design and submit for approval safe,
efficient, and cost effective stormwater management system projects within the City and its Urban
Growth Boundary,
Section 4. This ordinance shall take effect on the thirtieth day after it shall have been adopted by the
Council and approved by the Mayor. '
ADOPTED this _ day of
no,
.2009, _ councilors voting yes and ~ councilors voting
APPROVED by the Mayor of the City of Springfield this _day of
,2009,
Sidney W, Leiken,
Mayor
ATTEST:
Amy Sowa,
City Recorder,
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O~i:'ICt U~ Ci i"\' XrrOHNEY
Date Received:..!ft~7'
Planner: AL
Attachment 3-2