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HomeMy WebLinkAboutPacket, Planning Commission PLANNER 10/6/2009 t MEMORANDUM CITY OF SPRINGFIELD DATE OF HEARING: October 6, 2009 TO: Springfield Planning Commission PLANNING COMMISSION TRANSMmAL MEMORANDUM FROM: Andy Limbird, AIC Planner III SUBJECT: Springfield Development Code (SDC) Amendments Case Number lRP 2009-00010, City of Springfield, Applicant ISSUE Conduct a public hearing and deliberations on the proposed SDC text amendments, which define and reference the City's adopted Storm water Management Plan in various Code sections that address stormwater management policies. DISCUSSION 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,vl'''',;j owners in the County outside the City's jurisdiction for stormwater management. Since that meeting, City staff has 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 stormwater policy guidance that will give property owners greater assurances that increased stormwater runoff from Mure in-city development will not adversely affect downstream rural properties. To address these concerns, staff recommended text amendments to the adopted Storm water Management Plan and the Springfield Development Code (SDC). The Stormwater 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. Staff are now presenting the proposed SDC text amendments for consideration by the Planning Commission and City Council. The proposed SDC text amendments will be presented to the City Council in a public hearing on November 2, 2009. RECOMMENDATION/ACTION REQUESTED Review the revised text and advise the City Council, by motion and signature of the attached order and recommendation by the Planning Commission Chairperson, to approve the proposed amending Ordinance at their public hearing on November 2, 2009. ATTACHMENTS Attachment 1: SDC Amendment Staff Report Attachment 2: r. _..._..ed Amending Ordinance Attachment 3: Recommendation to City Council Date Received. 1(~il""L- Planner AI. . " "" . ~ ,t' ~ ' -,~ t..: ~ -, "'; , " '-"",",:""' ';.,;."~~" ::'~.~~l~~~;":,;-~:t~:;"'-...--.......:.. <~." ~,~....'--~.\.I"';'_..J.t f-'.>.~JtJ:~~l--:,..:.:.~,~~: .~~'4}.-I;~9' ''.".''.{~..'~. , ATTACHMENT 1 SDC TEXT AMENDMENTS STAFF REPORT & FINDINGS APPLICANT City of Springfield - Case Number LRP2009-00010 REQUEST The City of Springfield Planning Commission 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.B, Infrastructure 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. . 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 actions, the Planning Commission ana 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 development 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 sections 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 Date, Heceived:-4'/YJcrd? Planner: AL Attachment 1-1 .' '.< . "", .- . '" " i ~ '. ........ . .,~ ", ' ',;...-. t' . .-...,~<., " .... :..:-. .';' ~ .- .,' .4'c,. ~. . ".. ,'I', . ''''-_ -: ~" .'_ __ . T .. :::." .-_.' Key Outcomes for Stormwater. The Management Plan also outlines activities to ensure compliance with State and Federal Clean Water Act and Endangered Species Act requirements. The proposed SDC texfamendments "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 sections. The proposed text amendments are not designed to add, delete or 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 Stormwater 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 and concerns expressed by property owners and elected officials in the review of Metro Plan amendments). The proposed text amendments, as with the adopted Development Code, 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 4.1-110.8, 4.1-130.A, and 4.1-130.8). The City's Development Code . (Section 2.1-115.B) refers to compliance and conformity with adopted City regulations and policies, which includes the adopted Storm water 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 Subject to Natural Hazards - OAR 660-015-0000(7) Date Received: 10 -i ~, Planner: AL '/""/'" Attachment 1-2 .,'; '- "', ~'.. .,",. .. ~ . "', ,'I, .-", . .y~~ '~-'1::::"""':' j', r ~ ,,'~ - ~' -," '"';'-" -.- . :" :_. . ~ 2.OJ , ...;-, "':,:f-:.,; ,1~'b~;:: . . ,p. :"::~'~~~'-~'''';;;'I>~':''~'~-i:'i~:.oA'''';.<' '" '" "~'~:.~,,;~;t':;:'~'~,.' "-"'--'-"'-'.-,,,,,,,,,- - . .~,."_.~c~',~;:s: ,~. .:-'"'-~"--"::';'- -. , 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 1.7: Coastal Shorelands - OAR 660-015-000(17) Goal18: 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 is scheduled for 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'f{ec~~ved: 1~1k?' Planner: AL . .......c ~, !~,."^ '-<'w-: ."",, . ~.-o; ". .' :. ~. .~, .. . ; "".. ,- v ". ,. , ".'~,;~'-, ., -~ ~ .;- '-'--~. (', ;):, .;. . ,~. "0 ~-' ..;.; - ~ .,,,,'.- ,~. " ,. .~_...' ~- ,- "'- :,,5:l';'?'1io~,~-l. , '" ,_.- -~~;..}.., }--;~ ~~.. ::~ . . _ ,.;.t ~.. hearing was printed in the Eugene Register Guard on September 23, 2009 and placed on the City's web site. . CONCLUSION/RECOMMENDATION/REQUESTED ACTION Staff has demonstrated consistency with criteria of approval listed 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. Staff recommends the Planning Commission approve the attached Order and forward a recommendation to the City Council for adoption of amendments to Sections 4.1-110,4.3-110,4.3-130, and 6.1-110 of the SOC. . . Date Received:3,4 ~'? Planner: AL ,/~- Attachment 1-4 ~"'"' . 1'''' .' . ~ ,,~. . " "-._.(:-. .l. ~ . - '':' ,.. ~. ,.,-", . ;'~~(":;~~'/~~~. ;..:.;..,0 ~::'~'~"';' -'-",<"'-:'"~'.f; X:f.~.--; ;-~'t~ . i T-- ORDINANCE NO. 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 MASTER PLAN, BY REFERENCE, AND DEFINING THE TERM STORMW ATERMANAGEMENT PLAN, AND SETTING AN EFFECTIVE DATE. ( THE COMMON COUNCIL OF THE CITY OF SPRINGFIELD ORDAINS AS FOLLOWS: Section 1. Section 4.1-11 O.B is amended as follows: 4.1-110 Applicable Documents 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, stonnwater management systems, street trees and planter strips within the public right-of-way, medians, round-abouts and other public improvements within the city 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 modiJY their cited references on a case-by-case basis ~ithout 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.~-11 0 Stonnwater Management A. Stonnwater management regulations. By implementing the policies set for in the currently approved Stormwater Management Plan, provide for the effective management of stonnwater and drainage from the City into the groundwater and watercourses within the City and its urbanizing area; Minimize demand on the City's stonnwater management system, and alleviate future costs of treating the discharge; Promote water quality; Preserve groundwater and the vegetation and riv!,rs it supports; Reduce peak stonn flows; Minimize public and private losses due to flood conditions; and Minimize stonnwater discharge . impacts on water quality and quantity and stream flow patterns, including peak and base flows in inteimittent and perennial streams, within the McKenzie River and WilIamette River watersheds. B. The Appr~val Authority shall grant development approval only where adequate public and/or private stonnwater management systems provisions have been made as detennined 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 f(eC~ived:~/~ Planner: AL ATTACHMENT 2-1 < ~ -' .,. .> . ;.,;' .' -.'. ..:..;;.., .....'..... , '-'c'.""II' .., ~ "~,' -~-.. ;.. - . - , . . ',:;~; :~~'j~~~? ~;{ :...-~,'~ '~;".c''; Il~ ~~:.~; ~~.: .~. .~: -;:..."" Section 3. Section 6.1-11 0 --Meaning of Specific Words and Tenns is amended by adding thereto the following defInition for the term Stormwater Management Plan: Stormwater Management Plan. A policy document adopted and, as modifIed 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 stormwater. 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 afterit 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 Sidney W. Leiken, Mayor ATTEST: Amy Sowa, City Recorder ATTACHMENT 2-2 .2009. Date Received:j~ ~ Planner: AL / U . '-~ ' . ~. . , . . j .' ."', _ '-.~; ';"_": ;',.",. . c'" ,.; '_ f _;~..... RECOMMENDATION' TO THE CITY CO~CIL ~.:(el}t,.: ._,t;",~:;.--'-'~;",; .--'1"....:. 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 ( ( ( ( ( NATURE OF THE APPLICATION The proposed Development CocIe text amendment will define and reference the City's adopted Stormwater Management Plan in various Code sections that address stormwater management policies and regulation~,.. 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 Stormwater 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 provisions 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 Development Code text amendment. The staff notes, findings and recommendation together with the oral testimony and written submittals of the persons testifying at that hearing have been considered and are part of the record of this proceeding. CONCLUSION On the basis of this record, the proposed Development Code text amendment is consistent with the criteria of SDC Section 5.6-115.A-C. This general finding is supported by the specific findings of fact. and conclusion 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 LRP2009-00010, as recommended herein and as more. particularly described in the adopting Ordinance, at their N!,vember 2, 2009 meeting. Planning Commission Chairperson ATTEST: AYES: NOES: ABSENT: ABSTAIN: Date Fleceived: 1",4/~1 Planner: AL Attachment 3-1