HomeMy WebLinkAboutOrdinance 6251 02/01/2010
ORDINANCE NO. --6..lli
AN ORDINANCE AMENDING THE EUGENE-SPRINGFIELD METROPOLITAN
AREA GENERAL PLAN (METRO PLAN) CONSISTENT WITH POLICY G.3 IN
CHAPTER ill, SECTION G. PUBLIC FACILITIES AND SERVICES ELEMENT;
AMENDING TABLE 6, TABLE 18, TABLE 19, MAP 3 AND MAP 8 OF THE PUBLIC
FACILITIES AND SERVICES PLAN (PFSP) TO UPDATE THE PROJECT LISTS
AND MAPPED LOCATION OF THESE FACILITIES; AND ADOPTING A
SEVERABILITY CLAUSE.
WHEREAS, Chapter IV of the Eugene-Springfield Metropolitan Area General Plan
(Metro Plan) sets forth procedures for amendment of the Metro Plan, and by extension,
amendment of refinement and functional plans that supplement the Metro Plan, which for
Springfield are implemented by the provisions of Chapter 5, Section 5.14-100 through 5.14-
155 of the Springfield Development Code; and
WHEREAS, the Metro Plan identifies the Eugene-Springfield Metropolitan Area
Public Facilities and Services Plan (Public Facilities and Services Plan) as a refmement plan
which forms the basis for the Public Facilities and Services Element of the Metro Plan and
guides the provision of public facilities and services in the metropolitan area; and
WHEREAS, the Public Facilities and Services Plan serves the goals, objectives and
policies of the Metro Plan by addressing the provision of public facilities and services within
the urban growth boundary (UGB), services to areas outside the UGB, locating and managing
public facilities outside the UGB, and financing public facilities; and
WHEREAS, the current Eugene-Springfield Metropolitan Area Public Facilities and
Services Plan, adopted in 2001 and amended in 2004, 2006 and in 2008, is in need of
modification to update the significant stormwater management projects that have been
completed, eliminated, or re-configured as detailed in the City's recently adopted Stormwater
Facility Master Plan; and
WHEREAS, at the conclusion of a joint public hearing with the Lane County
Planning Commission on June 30, 2009, the Springfield Planning Commission recommended
the Eugene-Springfield Metropolitan Area Public Facilities and Services Plan, Table 6, Table
18, Table 19, Map 3 and Map 8 be amended to reflect completed, eliminated and modified
stormwater management projects, and that these same amendments be adopted into the
Eugene-Springfield Metropolitan Area General Plan consistent with Policy G.3, Chapter III,
Section G Public Facilities and Services Element of the Metro Plan; and
WHEREAS, the City Manager has recommended that the proposed Table 6, Table 18,
Table 19, Map 3 and Map 8 be further amended by removing therefrom any changes which
affect projects outside of the City limits of the City of Springfield; and
WHEREAS, the City Manager has presented modified proposed Table 6, Table 18,
Table 19, Map 3 and Map 8 which include only changes affecting projects within the City
Attachment 5-1
limits of the City of Springfield, which tables and maps are attached hereto as Exhibits A, B,
and C, and by this reference incorporated herein; and
WHEREAS, Chapter VI of the Public Facilities and Services Plan provides that amendments
to the plan affecting only a single jurisdiction shall be Type II amendments and shall be
considered by the Planning Commission of the initiating agency and by the governing board
of the initiating agency; and
WHEREAS, the City Council conducted a public hearing on this amendment on
January 19,2010, and is now ready to take action based upon the above recommendations and
evidence and testimony already in the record as well as the evidence and testimony presented
at the public hearing; and
WHEREAS, substantial evidence exists within the record demonstrating that the
proposal meets the requirements of the Metro Plan, Springfield Development Code, and
applicable state and local law as described in findings attached as Exhibit C, and which are
adopted in support of this Ordinance.
NOW, THEREFORE, the Common Council of the City of Springfield does ordain as
follows:
Section 1: The Eugene-Springfield Metropolitan Area Public Facilities and Services
Plan (PFSP) is modified and amended to insert the map and table changes or additions as set
forth in Exhibit A, Exhibit B, and Exhibit C attached and incorporated herein which
amendments are hereby adopted.
Section 2: The Public Facilities and Services Element (Section III-G) of the Eugene-
Springfield Metropolitan Area General Plan (Metro Plan) is modified and amended
consistent with Policy G.3 and as set forth in Exhibit A, Exhibit B, and Exhibit C attached and
incorporated herein, which amendments are hereby adopted.
Section 3: The findings set forth in attached Exhibit D are adopted as findings in
support of this Ordinance.
Section 4: If any section, subsection, sentence, clause, phrase or portion of this
Ordinance is for any reason held invalid or unconstitutional by a court of competent
jurisdiction, such portion shall be deemed a separate, distinct and independent provision and
such holding shall not affect the validity of the remaining portions thereof.
Section 5: Notwithstanding the effective date of ordinances as provided by Section
2.110 of the Springfield Municipal Code 1997, this Ordinance shall become effective 30 days
from the date of its passage by the City Council and approval by the Mayor, or upon the date
of its acknowledgement as provided by ORS 197.625, whichever date is later.
Adopted by the Common Council of the City of Springfield this ~day ofFebruflry
2010 by a vote of ----5- in favor and -----L- against. (S immons)
ORDINANCE NO. 6251
Attachment 5-2
Mayor
Februar,J2010
Approved by the Mayor of the City of Sn .
ATTEST:
',;:VIEWED & APPROVED
flS TO FORM
-.S \;)')~...., ~ \..~,~
',-~:::-~: - '2- ~ \ 1 \ c:::>
,:.. iCE OF CITY ATTORNEY
Attachment 5-3
ORDINANCE NO. 6251
100
101
102
103
104
105
106
107
108
109
110
111-A
111-B
112-A
115
116
117-A
119
120
121
123
200-A
200-B
200-C
200-D
200-E
200-F
200-G
EXHIBIT A
Table 6
City of Springfield Stormwater System Improvement Projects
(Single Jurisdiction Amendments)
n/a
n/a
n/a
n/a
n/a
Pierce Industrial Park draina e
Mill Race Enhancements, includin new intake
Jas er/Natron outfalls and associated ipe systems
Hi wa 126/1-105 draina e im rovements
Cedar Creek: 69 Street Channel im rovements
Cedar Creek: nn Street Channel Improvements
Glenwood Channel & Pipe Improvements (Inside
S rin field Ci Limits
Channel 6 Detention Pond, Channel & Pipe
1m rovements
59th & Aster and Dais Street Parallel Pi e
Irving Slough Channel Improvements (Inside
S rin field Ci Limits
McKenzie Forest Products Mill Pond Water
Quali Facili
Central Over-Under Channel & Pipe
1m rovements
Island Park Water uali Facili
Lower Mill Race Water Quality & Riparian
Enhancements
Lon -Term
Cedar Creek: Outfa11/Detention at Lively
Park/McKenzie River
Cedar Creek: Thurston Middle School Channel
1m rovements
Cedar Creek: 66 Street Outfall
Cedar Creek: 75 Street Outfall
Cedar Creek: Gossler Bank control ro' ect
Cedar Creek: Diversion System
Cedar Creek: East Thurston Road/Hwy 126 Outfall
and Associated Pi ing
n/a
n/a
n/a
n/a
n/a
1
4
5
6
12
15
16
21
n/a
n/a
n/a
n/a
n/a
n/a
n/a
ORVINANCE NO. 6251
EXHIBIT A
Table 6 Continued
City of Springfield Stormwater System Improvement Projects
(Single Jurisdiction Amendments)
201 n/a
202 n/a
203 n/a
204 n/a
205
206 n/a
207 n/a
208 n/a
209 n/a
210 n/a
211 n/a
212 rovements 24
213 26
215 28
216 29
217 31
218 32
222 42
ORDINANCE NO. 6251
EXHIBIT A
Table 18
City of Springfield
Stormwater System Improvements, Estimated Costs, and Timing
(Single Jurisdiction Amendments)
100
-101
102
-l-@
104
105
.we
107
108
109
110
111-A
111-B
112-A
115
116
117-A
119
120
121
123
200-A
200-B
200-C
Short-Term
Sports Way Detention Pond
Maple Island Slough Outfall
Deadman Ferry Outfall
,'\ster Street System
Jasper Slough Outfall
20 Street Outfall
T Street Detention Pond
Pierce Industrial Park Drainage
Mill Race Enhancements, including new
intake
Jasper/Natron Outfalls and associated pipe
s stems
Hwy 126/1-105 Drainage Improvements
Cedar Creek: 69 Street Channel
improvements
Cedar Creek: nn Street Channel
Improvements
Glenwood Channel & Pipe Improvements
nside S rin field Ci Limits
Channel 6 Detention Pond, Channel & Pipe
1m rovements
59th & Aster and Dais St Parallel Pi e
Irving Slough Channel Improvements
nside S rin field Ci Limits
McKenzie Forest Products Mill Pond
Water Quali Facili
Central Over-Under Channel & Pipe
1m rovements
Island Park Water Quali Facili
Lower Mill Race Water Quality &
Ri arian Enhancements
Long-Term
Cedar Creek: OutfallJDetention at Lively
Park/McKenzie River
Cedar Creek: Thurston Middle School
Channel 1m rovements
Cedar Creek: 66 Street Outfall
400
1,500
150
500
210
350
150
300
7,800
2008-2013
2008-2013
2008-2013
2008-2013
2008-2013
2008-2013
2008-2013
2008-2013
2008-2013
n/a
1,500
2008-2013
n/a
640
500
2008-2013
2008-2013
250
2008-2013
1
2,000
2008-2013
4
1,250
2008-2013
5
6
2,100
2,150
2008-2013
2008-2013
12
60
2008-2013
15
2,500
2008-2013
16
21
60
60
2008-2013
2008-2013
250
2005-2010
100
2005-2010
450
2005-2010
ORDINANCE NO. 6251
EXHIBIT A
Table 18
City of Springfield
Stormwater System Improvements, Estimated Costs, and Timing (continued)
(Single Jurisdiction Amendments)
2005-2010
2005-2010
n/a 2010+
n/a 2010+
201 n/a 570 2013-2018
202 n/a 570 2010+
203 n/a 1,425 2013-2018
204 n/a 420 2013-2018
~ 300 2013-2018
206 n/a 140 2013-2018
207 150 2013-2018
208 250 2013-2018
209 250 2013-2018
210 n/a 500 2013-2018
211 n/a 500 2013-2018
212 rovements 24 300 2013-2018
213 26 1,610 2013-2018
215 28 500 2013-2018
216 29 500 2013-2018
217 31 200 2013-2018
218 32 60 2013-2018
222 42 200 2013-2018
ORDINANCE NO. 6251
EXHIBIT A
Table 19
Existing Financing Sources
User
fees
Assess- Develop- Property
ments ment tax
fees
Grants/
loans
Bonds
Short-
term
debt
Private
finance
Water
EWEB
O&M X
Rehabilitation X X X X
Expansion X X X X X
SUB
O&M X
Rehabilitation X X
Expansion X X X
Rainbow
O&M X
Rehabilitation X
Expansion X X
Wastewater
City of Eu!!ene
O&M X
Rehabilitation X X X X
Expansion X X X X X X X X
City of SDrin!!field
O&M X
Rehabilitation X X X
Expansion X X X X X X X X
MWMC
O&M X
Rehabilitation X X
Expansion X X X
Stormwater
City of Eueene
O&M X
Rehabilitation X X X
Expansion X X X
City of 8Drin!!field
O&M X
Rehabilitation X X X X X
Expansion X X X X X X X X
Lane County
O&M
Rehabilitation X
Expansion X
ORDINANCE NO. 6251
o
~
H
Z
~
CJ
t>::I
Z
o
5tormwatu projecto fer thl& aru c::::J will ~ ikntif1~4 through a
~::~~~~et~::r::~~ ~~l~=~:~e~~~~~::::al
EnJlll'~ered 5pxilf!lo AGt. Il1lldd.tion.lm~u propoe.ut M~r.ro Fbtn
roIJcy G. 16, which c.aU~ for the cite6ltt"..a un= Coul1ty Ie ."opt.. t\.~f'tjtegy
to~~fico~~5"e~,." th,ecltylln1lw.nd the 006,
Map 3
Eugene-Springfield Public Facilities and Services Plan
Planned Stormwater Facilities
Project!'> art: de!'>cribed in Table!'> 5 and 6.
'-
\\ ~
". If,,,- '-5
. \
),~
/"'-,
/
Key
CK:) Drainage/Channel Improvement!'> and/or
Piping 5y!'>tem!'> 36" or larger
o Propo!'>ed Detention Pond!'>
c::J City limit!'>
UGB
l_: i Metro Plan Boundary
A Proposed Outfall!'>
o Propo!'>ed Water Quality Project!'>
/"\. Waterway!'> and Open 5Y5tem!'>
~ ProJect5
~--\'
--' ...-J..1
__ 1~.t,)1Z6
20:,!
:,For;-
~
North
-,-
-'.
Notee:
1. FllCilitie::; shown outside the UG6 cannot tJe IOCDted tlS
6howrI without first obtDh'llng larn: County land U~ approval.
Octo!>er 2006
2. The oentrallOGotton6 of facllitJei!l are ehO\.vn an thi6 map.
f)CJlGt proJcct. locatione tire dewmlned thro~h 10Ql1
procesU6.
o
...........
2
t>::I
~
3 mUo& ~
I:d
H
1-3
I:d
50ale
0\
N
Ln
I-'
Map Produced by LCOG
----..~_t..~
MapS
Eugene-Springfrneld PubIDc Facilities and Services Plan
Public Service Availability in the Eugene-Springfield Metropolitan Area
City limite
Ur~an Growth Boundary
'0'
~~
~:r.
'\~
::;I
'5-~
'b~'
.t.~
\~
::;I
Key
c::::::J
Key
Water ~I~
Waetewater . ~
Stormwater '@91~
Electric IIp
~ (-
"- .- - -//
Short-Term (0-5 yeare):
Short-term Srt86 art developmer1t~
ready !'iiite6 115 wcll85 areS!) that will or
"an 17, provided with service within the
next five ';Jtsr-s. (I.e., proJect& listed In
capital improvement plans or areas
where service can be extended upon
development),
Long-Term (6-20 year..):
Long-term srca6 sre sHect&;t by eervlet:
con6trafnt5 snd cannot be served In
the short. term.
"'- /-_/,>~-.....) ,
\-l~~~~~K.:----~""-'''''''
-'-~ ~
0 ~
~ .- r~ North
-r
H
Z 1-5
~
(') t<:l
t<:l Octo~er 2008 il<
Z ::c
H
0 0 2 a miles t;d
b........d H
Scale H
0-
N (')
L/l Map Productld by LCOG
I-'
EXHIBIT D
Staff Report and Findings of Compliance with the Metro Plan and Statewide Goals and
Administrative Rules
File LRP 2008-00016 Amendments to the Metro Plan and Public Facilities and Services-Plan
ADDlicant
City of Springfield, Public Works Department
Nature of the ADDlication
The applicant proposes to amend the Eugene-Springfield Metropolitan Area General Plan (Metro
Plan) and the Public Facilities and Services Plan (PFSP) to: (1) add 15 significant projects to Table 6
and Table 18 ofthe Public Facilities and Services Plan including those with stormwater lines 36-
inches in diameter or larger, detention basins, water quality facilities, or new outfalls; (2) delete three
projects from Table 6 and Table 18 that have been re-configured; (3) modify Table 19 to reflect the
current available funding sources for the stormwater projects; and, (4) update Map 3 and Map 8 in the
Public Facilities and Services Plan to indicate the general location ofthe projects added to or removed
from Table 6 and Table 18. The proposed amendments are consistent with the City of Springfield's
recently-adopted Stormwater Facility Master Plan, which updates and improves upon previous master
plans for the city's stormwater management system.
Back!!:round
Metro Plan-PFSP-Local Facilities Plan Context
Oregon state land use law (Goal 11, OAR 660-011) requires all cities with a population over 2,500 to
develop and adopt a public facilities plan for the area within the city's urban growth boundary. The
public facilities plan is a support document or documents to a comprehensive plan. Certain elements
of the public facility plan also shall be adopted as part of the comprehensive plan; these elements
include a list of public facility project titles (excluding the descriptions or specifications of those
projects if so desired by the jurisdiction); a map or written description of the public facility projects'
locations or service areas; and the policies or urban growth management agreement designating the
provider of each public facility system (OAR 660-011-0045).
In 2001, the governing bodies of Eugene, Springfield and Lane County repealed the 1987 Public
Facilities and Services Plan and replaced it with the Eugene-Springfield Metropolitan Area Public
Facilities and Services Plan, December 2001 (subtitled: A Refinement Plan of the Eugene-Springfield
Metropolitan Area General Plan). One of the results ofthis action is described in the PFSP as follows:
"Chapter II of this plan recommends text amendments to the Metro Plan which are adopted as part of,
and are incorporated into, the Metro Plan. The project lists and maps in Chapter II are also adopted as
part of the Metro Plan but are physically located in this refinement plan. If there are any
inconsistencies between this plan and the Metro Plan, the Metro Plan prevails" (Page 1, Introduction,
PFSP).
This text confirms that the Public Facilities and Services Plan is a refinement plan of the Metro Plan;
that both the PFSP and the Metro Plan "co-adopted" the project lists, maps and policies as required by
OAR 660-011-0045; that the project lists and maps do not physically appear in the published Metro
ORDINANCE NO. 6251
EXHIBIT D
Plan but, instead, are to be found in the PFSP; and that amendment of the project list, maps or policies,
require identical amendment to both documents if changes are made because they are co-adopted into
both the Metro Plan and PFSP.
The City of Springfield adopted a new Stormwater Facility Master Plan in 2008. The Stormwater
Facility Master Plan is intended to supplement - but not replace - the policies and provisions of the
adopted Public Facilities and Services Plan. Therefore, all recommendations of the adopted
Stormwater Facility Master Plan do not have to be incorporated into the PFSP. However, certain
recommendations and 15 proposed and 3 reconfigured Capital Improvement Projects are considered
significant by Oregon Administrative Rule 660-011:'0045; these projects require amendments to the
adopted PFSP.
On October 20, 2008, Springfield City Council initiated site-specific amendments to the adopted Metro
Plan and PFSP to add, modify or remove various stormwater management system projects located
within Springfield City limits, consistent with the recommendations contained in the recently
completed Stormwater Facility Master Plan. The adopted Stormwater Facility Master Plan improves
upon the existing master plans and supplements the PFSP by implementing Policy G.3 ofthe,Metro
Plan: "Use local facility master plans, refinement plans, and ordinances as the guide for detailed
planning and project implementation".
The adopted Stormwater Facility Master Plan recommends the addition of 15 significant projects to
the PFSP project list. These significant projects include those with pipes greater than 36-inches in
diameter, detention basins, water quality facilities, or new outfalls. Three projects on the PFSP list
have been reconfigured and should be removed from the PFSP tables and maps. All of these projects
are part of the City's stormwater management system and are located within the City limits.
Notwithstanding the single jurisdiction service purpose of these new projects, the Metro Plan (Page V-
4, Public facility projects: (c) Stormwater) requires all drainage/channel improvements and/or piping
systems 36-inches or larger, proposed detention ponds, outfalls, water quality projects, and waterways
and open systems to be identified in the project lists and maps. Because the Metro Plan "prevails" if
there are any inconsistencies between the Metro Plan and the PFSP, the PFSP project lists and maps
must show the significant projects.
Stormwater Facility Master Plan - 2008
The City's Stormwater Facility Master Plan is a citywide public infrastructure plan that evaluates
existing and future demand on the stormwater management system within the current urban growth
boundary (UGB) including some contiguous drainage areas outside the UGB, and makes
recommendations for system improvements (capacity, water quality protection, and efficiency). The
Stormwater Facility Master Plan was initiated by City Council to update and replace various
stormwater master plans prepared nearly 30 years ago, and to assist in the implementation of
recommendations prepared by URS Corp for updating and improving the City's stormwater
management system. '
The City's Stormwater Facility Master Plan is not a substitute for the stormwater systems planning
that appears in Chapter III of the Metro Plan or throughout the PFSP; Oregon Administrative Rule
660-011-0010 identifies the constituent components of public facility plans including how these state
requirements relate to other public facilities planning that may be prepared by cities and authorized
service providers:
ORDINANCE NO. 6251
EXHIBIT D
"(3) It is not the purpose of this division to cause duplication of or to supplant existing
applicable facility plans and programs. Where all or part of an acknowledged comprehensive
plan, facility master plan either of the local jurisdiction or appropriate special district, capital
improvement program, regional functional plan, similar plan or any combination of such plans
meets all or some of the requirements of this division, those plans, or programs may be
incorporated by reference into the public facility plan required by this division. Only those
referenced portions of such documents shall be considered to be a part of the public facility
plan and shall be subject to the administrative procedures of this divisions and ORS Chapter
197."
This rule provision is intended to allow cities to adopt existing public facilities documents, rather than
prepare new ones, where those documents satisfy the standards of OAR 660-011. This rule provision
does not invalidate other elements of these local planning efforts that do not address provisions of the
rule; it simply qualifies those elements of local planning documents that can be used to meet this rule
and, in so doing, obligates such elements to the requirements ofORS 197 (goals compliance; post-
acknowledgment plan amendment procedures). The City is not proposing to reference any elements of
the Stormwater Facility Master Plan as provided in OAR 660-011-0010, but does contend that the
development and application of the Stormwater Facility Master Plan is consistent with the following
Metro Plan policy:
"G.2 Use the plannedfacilities maps of the Public Facilities and Services Planfor water,
wastewater, stormwater, and electrical projects in the metropolitan area. Use local facility
master vlans. refinement plans, and ordinances as the guide for detailed planning and project
implementation." [Emphasis added]
The Stormwater Facility Master Plan recommends a variety ofprojects and programs to achieve the
primary objective of the plan, which is "to provide a guiding document in order to plan for more
comprehensive, efficient, and multi-objective man~gement ofthe city's stormwater resources". The
adopted Stormwater Facility Master Plan also describes proposed capital improvement projects (CIPs)
for flood control and water quality, and recommends changes to existing stormwater standards and
codes that will support the implementation of Springfield's goals and policies related to stormwater
management.
The following project recommendations need to be included in the lists and maps in the Metro Plan
and PFSP:
For inclusion in Table 6:
Project #112-A - Glenwood Channel and Pipe Improvements (Inside Springfield City Limits)
400 feet of pipe and 2,000 feet of open channel improvements for flood control in the
Glenwood development and redevelopment areas. Water quality elements will be
included with the new construction.
Project #115 - Channel 6 Detention Pond, Channel and Pipe Improvements
A combination of detention pond, channel improvements and piping to serve the area
north of the Eugene-Springfield Highway from 18th Street westerly to 1-5.
ORDINANCE NO. 6251
EXHIBIT D
Project #116 - 59th and Aster and Daisy Street Parallel Pipe
Pipe improvements along Daisy Street from 48th Street to 59th and Aster Streets for
flood control.
Project #117-A - Irving Slough Channel Improvements (Inside Springfield City Limits)
Open channel improvements along the Irving Slough from 420d Street northwesterly to a
discharge point along the McKenzie River.
Project #119 - McKenzie Forest Products Mill Pond Water Quality Facility
Develop a water quality facility on a City owned parcel north of the Booth-Kelly mill
pond to serve the south Springfield industrial area along the Northern Pacific Railroad
corridor.
Project #120 - Central Over-Under Channel and Pipe Improvements
Various pipe and channel improvements from Willamalane Park at 14th and G Streets to
the confluence with the Q Street channel near Moffitt elementary school.
Project #121 - Island Park Water Quality Facility
Green pipe improvements and an offline water quality facility at Island Park to
serve the existing discharge from the downtown commercial area.
Project#123 - Lower Mill Race Water Quality and Riparian Enhancements
Construct a daylight or diversion pretreatment structure, an offline water quality
treatment facility (pond or wetland), and green pipe open channel improvements from
the Booth Kelly site to the Willamette River.
Project #212 - 420d and McKenzie Highway Pipe Improvements
Pipe improvements near 420d and McKenzie Highway to control observed localized
flooding problems.
Project #213 - 1-105 Channel Improvements
Channel improvements north ofI-105 near of 520d Street for flood control.
Project #215 - Q Street Channel Riparian Enhancements
Channel enhancements along the channel from 28th Street to 1-5 for water quality and
shading to address temperature issues identified in the Willamette River TMDL.
Project #216 - 1-5 Open Channel Riparian Enhancements
Channel enhancements along the channel from Gateway Mall to the Eugene Springfield
Highway for water quality, bank stability and shading.
Project #217 - Q Street Floodway East of 28th Water Quality
Channel improvements for flood control and water quality along 30th and 28th Streets
from north of Main Street to near Olympic Street.
Project #218 - 28th Street Main to North Water Quality Temperature TMDL
Pipe and outfall improvements along 28th Street for flood control and temperature
reduction prior to discharge into the Q Street Floodway.
ORDINANCE NO. 6251
EXHIBIT D
Project #222 - 420d Channel Improvements
Water quality improvements at the northerly end ofthe 420d Street pipe system prior to
discharge into the Kaiser Slough.
For deletion from Table 6:
. Project #103 - Aster Street System
Included in Project # 116
Project #106 - T Street Detention Pond
Included in Project #115
Project #205 - Rosboro Detention Pond
Project pipe reduced to 24" diameter which is below PFSP criteria.
NOTE: Table 18 contains the same projects found in Table 6 proposed for inclusion or deletion; in
addition, Table 18 provides cost estimates and completion year estimates for each project. Please refer
to Attachments #4, #5, and #6.
Metropolitan Area General Plan Amendment Criteria
The proposed amendments are considered to be Type II Metro Plan amendments because they are site
specific amendments to Plan project lists and maps. Type II Metro Plan amendments inside the city
limits shall be approved by the Home City; Type II Metro Plan amendments between the city limits
and the Plan Boundary shall be approved by the Home City and Lane County. All ofthe projects are
located within the Springfield City limits; therefore, Lane County co-adoption of these amendments is
not required.
The City has adopted Metro Plan amendment criteria in Section 5.14-135.C.l&2 ofthe Springfield
Development Code (SDC). This section requires that the amendment is consistent with relevant
statewide planning goals and that the amendment does not make the Metro Plan internally
inconsistent. These criteria are addressed as follows:
(a) The amendment must be consistent with the relevant statewide planning goals adopted by the
Land Conservation and Development Commission;
Goal 1 - Citizen Involvement
To develop a citizen involvement program that insures the opportunity for citizens to be
involved in all phases of the planning process.
The City has an acknowledged land use code that is intended to serve as the principal
implementing ordinance for the Metro Plan. Chapter 5 ofthe SDC, Metro Plan Amendments -
Public Hearings, prescribes the manner in which a Type II Metro Plan amendment must be
noticed. Citizen involvement for a Type II Metro Plan amendment not related to an urban
growth boundary amendment requires: Notice to interested parties; notice to properties and
property owners within 300 feet ofthe proposal; published notice in a newspaper of general
circulation; and notice to the Department of Land Conservation and Development (DLCD) at
least 45 days before the initial evidentiary hearing (Planning Commission).
ORDINANCE NO. 6251
EXHIBIT D
Notice of the Planning Commission public hearing was mailed on June 19,2009; notice was
published in the Register-Guard on June 13,2009. Notice ofthe initial Springfield City
Council public hearing was mailed on June 19,2009; notice was published in the Register-
Guard on June 13,2009. Notice of the reconvened Springfield City Council public hearing was
mailed on September 3,2009; notice ofthe reconvened public hearing was published in the
Register-Guard on September 9, 2009. Notice of the first evidentiary hearing was provided to
DLCD on December 2,2008. Notice of the Springfield City Council public hearing for single
jurisdiction adoption was published in the Register-Guard on January 14,2010. City Council
conducted a public hearing and gave first reading of the adopting Ordinance on January 19,
2010. No testimony was submitted at the public hearing meeting.
Requirements under Goal 1 are met by adherence to the citizen involvement processes required
by the Metro Plan and implemented by the Springfield Development Code, Chapter 5 and Lane
Code Sections 12.025 and 12.240.
Goal 2 - Land Use Planning
To establish a land use planning process and policy framework as a basis for all decisions and
actions related to use of land and to assure an adequate factual base for such decisions and
actions.
All land-use plans and implementation ordinances shall be adopted by the governing body after
public hearing and shall be reviewed and, as needed, revised on a periodic cycle to take into
account changing public policies and circumstances, in accord with a schedule set forth in the
plan. Opportunities shall be provided for review and comment by citizens and affected
governmental units during preparation, review and revision of plans and implementation
ordinances.
Implementation Measures - are the means used to carry out the plan. These are of two general
types: (1) management implementation measures such as ordinances, regulations or project
plans, and (2) site or area specific implementation measures such as permits and grants for
construction, construction of public facilities or provision of services.
The current version of the Metro Plan was last adopted in 2004 (Springfield Ordinance No.
6087; Eugene Ordinance No. 20319; and Lane County Ordinance No. 1197) after numerous
public meetings, public workshops and joint hearings of the Springfield, Eugene and Lane
County Planning Commissions and Elected Officials.
Subsequent to these Metro Plan adoption proceedings, Eugene, Springfield and Lane County
considered amendments to Chapter III-G Public Facilities and Services Element and Chapter V
Glossary of the Metro Plan. These amendments were reviewed at public meetings, public
workshops and joint hearings of the Springfield, Eugene and Lane County Planning
Commissions and Elected Officials, and adopted by all three jurisdictions in 2004.
The currently proposed amendments to the PFSP arise from recommendations of the city's
Stormwater Facility Master Plan, which was adopted by the Springfield Common Council on
October 20, 2008 after opportunity for public review and comment, and a public hearing
process.o
ORDINANCE NO. 6251
EXHIBIT D
The Metro Plan is the "land use" or comprehensive plan required by this goal; the Springfield
Development Code and the Lane Code are the "implementation measures" required by this
goal. Comprehensive plans, as defined by ORS 197.015(5), must be coordinated with affected
governmental units. Coordination means that comments from affected governmental units are
solicited and considered.
Goal 3 - Agricultural Lands
To preserve and maintain agricultural lands.
The changes do not affect Metro Plan or PFSP consistency with this goal and this goal does not
apply within adopted, acknowledged urban growth boundaries. None ofthe proposed projects
are intended to provide urban stormwater management service to properties outside the City
limits or UGB (although management of drainage originating from and discharging to
watercourses outside the UGB is considered). Instead, the projects were recommended in the
Stormwater Facility Master Plan to meet the City of Springfield's projected population and
employment growth through the (2025) planning year.
Goal 4 - Forest Lands
To conserve forest lands by maintaining the forest land base and to protect the state's forest
economy by making possible economically efficient forest practices that assure the continuous
growing and harvesting of forest tree species as the leading use on forest land consistent with
sound management of soil, air, water, and fish and wildlife resources and to provide for
recreational opportunities and agriculture.
The changes do not affect Metro Plan or PFSP consistency with this goal and this goal does not
apply within adopted, acknowledged urban growth boundaries. None of the proposed projects
are intended to extend urban stormwater management service to properties outside the City
limits or UGB (although management of drainage originating from and discharging to
watercourses outside the UGB is considered); the projects were recommended in the
8tormwater Facility Master Plan to meet the city of Springfield's projected population and
employment growth within the existing City limits.
GoalS - Open Spaces, Scenic and Historic Areas, and Natural Resources
To protect natural resources and conserve scenic and historic areas and open spaces.
The City has finished all work required under Goal 5 during the most recent Periodic Review
(completed in 2007). Ten of the proposed project additions and modifications are located
within the City's protected Goal 5 resource sites: five within or adjacent to riparian resource
areas, and five within or adjacent to delineated wetland resource areas. One proposed project
overlaps both types of natural resource areas (Irving Slough Channel Improvements). The
proposed projects affecting or within riparian resource areas include: #112-A - Glenwood
Channel and Pipe Improvements (Inside Springfield City Limits); #117-A - Irving Slough
Channel Improvements (Inside Springfield City Limits); #121 - Island Park Water Quality
Facility; #123 - Lower Mill Race Water Quality and Riparian Enhancements; and #213 - 1-105
Open Channel Riparian Enhancements. The proposed projects affecting or within wetland
natural resource areas include: #115 - Channel 6 Detention Pond, Channel and Pipe
Improvements; #116 - 59th and Aster and Daisy Parallel Pipe; #117-A - Irving Slough Channel
Improvements (Inside Springfield City Limits); #119 - McKenzie Forest Products Mill Pond
Water Quality Facility; and #222 - 42nd Channel Improvements. The proposed project areas
ORDINANCE NO. 6251
EXHIBIT D
are depicted on a Capital Improvement Plan map, which is attached to this staff report. The
map depicts the City's mapped natural resource areas and shows where significant stormwater
projects are located with respect to these resources. These proposed projects include
improvements to existing outfalls and riparian enhancements to meet state and federal
regulatory requirements. The City will obtain any necessary permits for each project from
appropriate jurisdictions as required. The proposed projects were not designed nor intended to
allow urban development to occur within a protected resource site; the presence of urban
services does not invalidate Goal 5 inventories or protection measures even if the new urban
service becomes available to any ofthese sites; and, these Goal 5 sites were identified and
protected because they qualified under city or state laws, not because of a lack of available
services. The changes do not adversely affect the City's acknowledged Goal 5 inventories, so
this proposal does not create an inconsistency with the goal.
Goal 6 - Air, Water and Land Resources Quality
To maintain and improve the quality of the air, water and land resources of the state.
This goal is primarily concerned with compliance with federal and state environmental quality
statutes, and ~ow this compliance is achieved as development proceeds in relationship to air
sheds, river basins and land resources.
The Federal Water Pollution Control Act, P.L. 92-500, as amended in 1977, became known as
the Clean Water Act (33 U.S.C. 1251 et seq.). The goal of this Act was to eliminate the
discharge of pollutants into the navigable waters. ORS 468B.035 requires the Oregon
Environmental Quality Commission (EQC) to implement the Federal Water Pollution Control
Act. The primary method of implementation of this Act is through the issuance of a National
Pollutant Discharge Elimination System (NPDES) permit prior to the discharge of any wastes
into the waters of the state (ORS 468B.050). Among the "pollutants" regulated by the EQC are
temperature (OAR 340-041-0028) and toxic substances (OAR 340-041-0033).
Previously, the Plan was amended to ensure that the Metro Plan and the PFSP accurately
reflect stormwater management system needs as imposed by Federal and State regulation.
Additionally, the PFSP notes that:
"Existing policies and plans in the Eugene-Springfield area support water quality and
quantity improvements through site planning for new construction, public education,
use of natural systems, preservation of natural drainageways, and reduction of street-
related runoff problems. To summarize, stormwater management policies developed
through local plans:
· Establish and support stormwater administration and management programs that
include natural resource protection;
· Protect significant natural resources to serve multiple objectives, including stormwater
storage and conveyance;
· Use constructed wetlands, wetland enhancement, and waterways for stormwater
treatment, storage and conveyance;
. Create and protect a connected natural stormwater system;
· Use a comprehensive wetlands mitigation program to guide planning future
stormwater systems;
ORDINANCE NO. 6251
EXHIBIT D
. Create a comprehensive stormwater monitoring and maintenance program to serve
multiple stormwater management objectives; and,
. Develop a plan for financing the stormwater management program. "
This amendment takes the next step in bringing the plan current by incorporating those
significant facilities in Springfield which are required to adequately and efficiently convey
stormwater to the receiving water bodies, while adhering to federal and state mandates for pre-
treatment (wherever possible), temperature abatement, removal of sediment and suspended
solids, and protection of water quality. The proposed amendment is intended to update the list
of significant stormwater projects (Table 6 of the PFSP) to account for projects that have
already been completed, and the recommendations for new or modified projects described in
the City's Stormwater Facility Master Pial} adopted in October, 2008.
Goal 7 - Areas Subject to Natural Disasters and Hazards
To protect people and property from natural hazards.
The Metro Plan and the City's Development Code are acknowledged to be in compliance with
all applicable statewide land use goals, including Goal 7. Some of the proposed projects are
located within mapped floodplain areas, but their presence does not have any adverse effect on
existing policies or procedures adopted by the City of Springfield for application in floodplain
areas. In accordance with Section 4.3-117 ofthe City's Development Code, the maintenance,
expansion, restoration or rehabilitation of natural and constructed waterways is contemplated
(if not encouraged), provided there is mitigation of upstream flooding and original or improved
design flow capacity is maintained. Furthermore, the proposed projects that are located in
floodplain areas are intended to provide mitigation of flood events and, correspondingly, to
protect life and property from damage due to flood impacts.
GoalS - Recreational Needs
To satisfy the recreational needs of the citizens of the state and visitors and, where appropriate,
to provide for the siting of necessary recreational facilities including destination resorts.
All of the proposed projects are intended to improve or expand current facilities, or to
accommodate future growth in population and employment within the existing City limits.
What is meant, but not stated in this general concept of "future growth in population and
employment" is that it includes ancillary activities as well. The Metro Plan anticipates up to
32% of residential designation will be occupied by these ancillary activities: "In the aggregate,
non-residential land uses consume approximately 32 percent of buildable residential land.
These non-residential uses include churches, day care centers, parks, streets, schools, and
neighborhood commercial" (Page III-A-4, Metro Plan). Determination of pipe sizes and
capacity, and implementation of water quality protection "best management practices",
contemplates the presence of these land uses. Additionally, the Willamalane Park and
Recreation Master Plan includes future park sites needed to keep pace with residential growth.
Goal 9 - Economic Development
To provide adequate opportunities throughout the state for a variety of economic activities vital
to the health, welfare, and prosperity of Oregon's citizens.
The A!etro Plan cites the provision of adequate public facilities and services as necessary for
economic development. Objective 10, at page III-B-4 states: "Provide the necessary public
ORDINANCE NO. 6251
EXHIBIT D
facilities and services to allow economic development". Policy B25, at Page III-B-6, states:
"Pursue an aggressive annexation program and servicing of designated industrial lands in order
to have a sufficient supply of 'development ready' land". Policy B26, at page III-B-6, states:
"In order to provide locational choice and to attract new campus industrial firms to the
metropolitan area, Eugene and Springfield shall place as a high priority service extension,
annexation, and proper zoning of all designated special light industrial sites".
All ofthese policies are served by the proposed amendments to the Metro Plan and PFSP as
these projects are intended to meet future demand generated by population and employment
growth. Additionally, it is the provision of key urban services that typically determines
suitability of land to be converted from rural to urban and to be annexed into the city limits:
"Land within the UGB may be converted from urbanizable to urban only through annexation to
a city when it is found that: a. A minimum level of key urban facilities and services can be
provided to the area in an orderly and efficient manner; b. There will be a logical area and time
within which to deliver urban services and facilities. Conversion of urbanizable land to urban
shall also be consistent with the Metro Plan" (Page II-C-4, Metro Plan). Although the
proposed project lists are exclusive to areas inside the City limits, the list can be amended from
time to time as may be necessary to accommodate the extension of urban stormwater systems
to newly annexed areas so that planned development may occur.
Goal 1 0 - Housing
To provide for the housing needs of citizens of the state. Goal 1 0 Planning Guideline 3 states
that H[PJlans should provide for the appropriate type, location and phasing of public facilities
and services sufficient to support housing development in areas presently developed or
undergoing development or redevelopment. "
OAR 660-008-0010 requires that "[S]ufficient buildable land shall be designated on the
comprehensive plan map to satisfy housing needs by type and density range as determined in
the housing needs projection." Goal 10 defines buildable lands as ".. .lands in urban and
urbanizable areas that are suitable, available and necessary for residential use." 660-008-
0005(13), in part, defines land that is "suitable and available" as land "for which public
facilities are planned or to which public facilities can be made available."
Similar to Goal 9, adequate public facilities are necessary to accomplish the objectives of this
goal and applicable administrative rules (OAR Chapter 660, Division 008). The purpose of the
proposed amendments is to provide the capacity for future development of residential
(population) and commercial and industrial (employment) use consistent with the
comprehensive plan.
Goal 11 - Public Facilities and Services
To plan and develop a timely, orderly and efficient arrangement of public facilities and
services to serve as a framework for urban and rural development.
OAR Chapter 660, Division 011, implements Goal 11. OAR 660-011-0030(1) requires that
the public facility plan list the proposed projects and identify the general location ofthe project
on a map. The proposal will add 15 projects to Tables 6 and 18; delete 3 projects that have
been reconfigured from these same tables; modify Table 19 to identify existing funding sources
for the proposed projects; and show the location of all proposed projects on Maps 3 and 8.
ORDINANCE NO. 6251
EXHIBIT D
These tables and maps are adopted as part ofthe Metro Plan, but are located in, and are a part
of the PFSP.
OAR 660-011-0035(1) requires that the public facility plan include a rough cost estimate for
sewer public facility projects identified in the facility plan. In conformity with this requirement,
Table 18 includes rough cost estimates for all 43 proposed stormwater projects. These costs are
derived from the work performed during the preparation of previous stormwater master plans,
and further refined by the recently adopted Stormwater Facility Master Plan.
OAR 660-011-0045 requires certain elements of the public facility plan to be adopted as part
of the comprehensive plan. These elements include the list of public facility project titles
(Table 6); the map or written description of the public facility projects locations or service
areas (Maps 3 and 8); and policies or urban growth management agreements designating the
provider of each public facility system. No policy amendments are proposed in this action.
The notice of proposed amendment sent to DLCD, the notice of the hearing on these
amendments, and the applicable criteria are consistent with the provisions for a land use
decision and the post-acknowledgment procedures ofORS 197.610.
Goal 12 - Transportation
To provide and encourage a safe, convenient and economic transportation system.
The transportation system plan is not dependent upon, or influenced by the stormwater
management system plan. Land development cannot occur in the absence of infrastructure and
that includes stormwater management and transportation; but neither the goals nor the OARs
require a corollary analysis of each of these services when the city is proposing one or both of
these plans for post-acknowledgement amendment. All of the proposed amendments are
needed to upgrade (expand the capacity or water quality enhancement provisions of) existing
facilities. In each case, the planned transportation facilities are: 1) already in place; 2) under
construction; 3) in design; or, 4) planned. The changes do not affect Metro Plan or PFSP
consistency with this goal.
Goal 13 - Energy Conservation
To conserve energy.
3. Land use planning should, to the maximum extent possible, seek to recycle and re-use
vacant land and those uses which are not energy efficient.
All ofthe projects are upgrades, enhancements, or expand the capacity of existing systems.
Such a strategy maximizes the efficiency of the existing system (sunk cost) and provides for
infill and redevelopment opportunities that couldn't go forward without these improvements.
The changes do not affect Metro Plan or PFSP consistency with this goal.
Goal 14 - Urbanization
To provide for an orderly and efficient transition from rural to urban land use, to accommodate
urban population and urban employment inside urban growth boundaries, to ensure efficient
use of land, and to provide for livable communities.
The amendments do not affect the existing City limits or UGB; they will allow capacity
expansion of existing facilities to enable projected planned population and employment growth
within the existing City limits. If these stormwater projects do not occur, projected population
ORDINANCE NO. 6251
EXHIBIT D
and employment growth will need to be accommodated beyond the existing City limits. The
proposed amendments will potentially delay when City limits adjustments must be taken and
may reduce the acreage necessary to accommodate projected growth. The changes do not
affect Metro Plan or PFSP consistency with this goal.
Goal 15 - Willamette River Greenway
To protect, conserve, enhance and maintain the natural, scenic, historical, agricultural,
economic and recreational qualities of lands along the Willamette River as the Willamette
River Greenway.
There are three projects located in close proximity to the Willamette River: Borden Outfall
Upgrade, Island Park Water Quality Facility, and Lower Mill Race Water Quality and Riparian
Enhancements. The presence of these facilities, and the necessary upgrades, will allow planned
development of these areas to occur, but not at the exclusion of any other rules or standards that
may be applicable to even permitted development. For example, development within the
Greenway Boundary is permitted, but is subject to SDC 3.3-300 regardless of the presence or
absence of infrastructure. The changes do not affect Metro Plan or PFSP consistency with this
goal.
Goal 16 Estuarine Resources, Goal 17 Coastal Shorelands, Goal 18 Beaches and Dunes,
and Goal 19 Ocean Resources
These goals do not apply to the Eugene-Springfield Metropolitan Area.
(b) Adoption of the amendment must not make the Metro Plan internally inconsistent.
The project lists and maps contained in the PFSP were adopted as part of the Metro Plan in
2004,2006 and 2008. The project lists in the PFSP, in the form oftables, include significant
stormwater projects with pipes 36-inches or larger, detention basins, water quality facilities, or
new outfalls; the maps show the general location or service area of the projects. The proposed
amendments include detention basins, water quality facilities, new outfalls, project
descriptions, and changes to the maps to show the general location of each project. These same
amendments are applied to the same project lists (Tables 6 and 18) and maps (Maps 3 and 8) in
the PFSP that are specifically adopted as part ofthe Metro Plan. This action constitutes the
ideal test of consistency. Therefore, the proposed changes, as presented, will not create internal
inconsistencies within the Metro Plan.
In addition to the foregoing, the proposed amendments are consistent with the following Metro
Plan policies:
"Extend the minimum level and full range of key urban facilities and services in an orderly and
efficient manner consistent with the growth management policies in Chapter II - C, relevant
policies in this chapter, and other Metro Plan policies" (Page III-G-4, Policy G.l).
"Use the planned facilities maps of the Public Facilities and Services Plan to guide the general
location of water, wastewater, stormwater, and electrical projects in the metropolitan area. Use
local facility master plans, refinement plans, and ordinances as the guide for detailed planning
and project implementation" (Page III-G-4, Policy G.2). [Emphasis added]
ORDINANCE NO. 6251
EXHIBIT D
"Modifications and additions to or deletions from the project lists in the Public Facilities and
Services Plan for water, wastewater, and stormwater public facility projects or significant
changes to project location, from that described in the Public Facilities and Services Plan
planned facilities Maps 1,2 and 3, requires amending the Public Facilities and Services Plan
and the Metro Plan..." (Page III-G-4, Policy G.3). [Emphasis added]
"Use annexation, provision of adequate public facilities and services, rezoning, redevelopment
and infill to meet the 20-year projected housing demand." (Page III-A-5, Policy AA)
"Endeavor to provide key urban services and facilities required to maintain a five-year supply
of serviced, buildable residential land." (Page III-A-6, Policy A.7)
"Coordinate higher density residential development with the provision of adequate
infrastructure and services, open space, and other urban amenities" (Page III-A-7, Policy A.12).
"Coordinate local residential land use and housing planning with other elements of this plan,
including public facilities and services, and other local plans, to ensure consistency among
policies" (Page III-A-13, Policy A.35).
ORDINANCE NO. 6251