HomeMy WebLinkAboutCorrespondence PLANNER 9/1/2009
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The Planning Commissions of Springfield, Eugene and Lane County
Mark Metzger, Planner m
September I, 2009
Metro Plan Text Amendment and Exception to Statewide Planning Goal 15 for Construction
of a BicyclelPedestrian Viaduct Beneath the Willamette River 1-5 Bridges
Issue
A Metro Plan text amendment and an exception to Statewide Planning Goal15-Willamette River
Greenway are necessary for the construction of a bicycle/pedestrian viaduct structure (South Bank
Viaduct) beneath the WiUamette River 1-5 Bridges, The viaduct will allow the future development of a
riverfront path on the south bank of the WilIamette River, connecting Eugene and Springfield through
Glenwood,
To:
From:
Date:
Subject:
Metro Plan policy #0.11 of Chapter m-o (WilIamette River Greenway, River Corridors and Water
Ways Element) requires the taking of an exception "if a non-water dependent transportation facility
requires placing of fill within the Willamette River Greenway setback. ': Viaduct construction may
require fill to be placed within the Willamette River Greenway setback.
The proposed amendment adds the following language to policy #0.11 of Chapter III-O of the Metro
Plan:
"An exception to Statewide Planning Goal 15 Willamette River Greenway was approved by the cities of
Eugene and Springfield and by Lane County authorizing construction of a bike path viaduct beneath the
1-5 bridges, along the south banA: of the Willamette River in Eugene and Glenwood. The exception
authorizes construction of the bike path viaduct including the fill and removal of fill necessary to build
the structure. This exception satisfies the criteria of Oregon Administrative Rules (OA~ 660-004-0022
(6) Willamette Greenway and the exception requirements of OAR 660-004-0020 Goal 2, Part II (c) for a
'reasons' exception. Pursuant to OAR 660-004-0015, this exception is hereby adopted as an amendment
to the Metro Plan text, Policy D. 11, Chapter III. Section D. ..
Discussion
Eugene-Springfield has one of the largest networks of riverfront bicycle and pedestrian facilities in the
state. The current connection between Eugene and Springfield is limited to the north side of the
WilIamette River. The extensive south bank Willamette River path system in Eugene ends at Interstate 5
because of the physical barriers created by both the existing 1-5 bridges and the proximity ofFrank1in
Boulevard (OR 126B) to the Willamette River. Users traveling between the two cities along the south
side of the Willamette River must cross to the north side of the river near the 1-5 bridge or divert to the
shoulders of Franklin Boulevard (OR 126B), a high speed arterial street.
Many planning documents, including the Central Lane MPO Regional Transportation Plan, TransPlan,
the Glenwood Refmement Plan and Willamalane Park and Recreation District Comprehensive Plan, call
for the continuation of the Willamette River "South Bank Path" from Eugene through Glenwood to
Springfield. Construction of the South Bank Viaduct is essential to the continuation and development of
the South Bank Path. Combined, the viaduct and path will provide safer, mOre pleasant opportunities for
recreational and commuter bicyclists and pedestrians traveling between Eugene and Springfield.
The proposed South Bank Viaduct will be about 16 feet wide and 1,100 feet in length. It will connect to
the South Bank Path at the point where it currently diverts away from the river. The viaduct will elevate
the bike/pedestrian path and move it out away from the steep bank near the 1-5 bridges, and return to the
Date Received:
Planner: MM
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riverbank at a point where the South Bank Path can continue. The proposed viaduct structure will hug
the shoreline, minimizing its impact on the river. Some fill or supporting columns may be placed in the
river to support the viaduct as it bypasses the slope barrier. The final design for the viaduct structure is
still being completed.
An ODOT Transportation Enhancement Grant of almost $1 million, together with $250,000 in OTIA
funds and about $140,000 in donated materials will be used to fund the South Bank Viaduct project. The
timing of the project will allow reuse of multiple concrete box beams from the Willamette River detour
bridge on the viaduct project. As the 1-5 replacement bridges are completed, and the detour bridge is
removed, the South Bank Viaduct will be constructed.
Approval of this proposed Metro Plan amendment does not negate environmental review of the project.
The South Bank Viaduct will undergo NEP A review to assess potential environmental impacts of the
fmal viaduct design and to secure the needed approvals for construction of the structure.
Additional Information
Section 5.14-115 (B.) of the Springfield Development Code (SDC) and and Eugene Code (EC)
9.7700(1) describes a Type I Metro Plan amendment as one which requires a goal exception not related
to a UGB expansion or is a non-site specific amendment of the Plan text. This proposal requires a goal
exception and is thus a Type 1 amendment.
Type 1 amendments to the Metro Plan text require approval by all three governing bodies to become
effective (See SDC 5.14-135(A) (2.), Eugene Code 9.7730(1) (b), and Lane Code 12.225(1) (a) (i)).
The planning commissions will conduct the initial evidentiary hearing and then forward the record of
this hearing and a recommendation to their respective elected officials. The planning commissions may
take this action collectively or independently as the circumstances provide. The elected officials will
then conduct a joint public hearing on the amendments and make a decision based on the record of
evidence created before the planning commissions and any new evidence entered into the record of the
hearing before the elected officials. Each governing body may approve, modifY and approve, or deny
the proposed amendment. However, all three governing bodies must adopt identical ordinances to
complete the amendment process.
Conclusion
The proposed Metro Plan amendments and exception to Statewide Planning Goal 15 is required by
policy #D.11 of Chapter moD (Willamette River Greenway, River Corridors and Water Ways Element).
The Staff Report accompanying this memorandum includes fmdings demonstrating conformance with
the criteria for Metro Plan amendments found in Chapter 5, Section 5.14-135(C) of the Springfield
Development Code; Eugene Code 9.7730(3) and Section 12.225(2) (a&b) of the Lane Code. The
proposed amendments are also consistent with the approval criteria for a Goal 15 exception found in
Oregon Administrative Rules (OAR) 660-004-0022 (6) Willamette Greenway and the exception
requirements of OAR 660-004-0020 Goal 2, Part IT (c) for a 'reasons' exception, and pursuant to OAR
660..004-0015.
Alternatives/Options
There are several options available to the planning commissions:
Continue the hearing to a date certain to allow additional testimony and/or respond to questions
from the commission(s) or public;
Leave the record open for a specific period of time to allow additional testimony and rebuttal
and either reconvene in a joint session or in individual venues;
Close the record and deliberate.
Upon conclusion of deliberations, the planning commissions may choose to:
Forward a recommendation to adopt the proposal to their respective elected officials;
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Date Received:
Planner: MM
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FOlWard a recommendation to adopt a modified proposal to their respective elected officials;
FOlWard a recommendation to not adopt the proposal to their respective elected officials.
Attachments
The application, all documents and evidence submitted by or on bebalf of the application and
the application criteria are available for inspection at the Springfield Development Services
Department, 225 Fifth St. Springfield, the Eugene Planning Division, 99 W. 10th Avenue
Eugene, and at the Lane County Land Management Division, 125 E. Sth Avenue, Eugene.
1 Staff Report
Contact
Mark Metzger, City of Springfield, Development Services Department, 225 Fifth Street, Springfield,
Oregon, by telephone at (541) 726-3775.
Date Received:
Planner: MM
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South Bank Viaduct Metro Plan Amendment and Goal is Exception
Staff Report
September 1, 2009
Applicants: Springfield File No. LRP2009-00005
City of Springfield (initiated the amendment) Eugene File No_ MA 09-4
City of Eugene Lane County File No. PA09-5472
Lane County
Request: ProcedureType:
To amend the Eugene-Springfield Metropolitan Area Type I Metro Plan Amendment
General Plan (Metro Plan) text to Include an
exception to Statewide Planning Goal 15 to allow
construction of a bicycle viaduct underneath the
Willamette River 1-5 Bridge.
Attachments:
Attachment 1: Metro Plan text amendment language.
Attachment 2: Diagram showing the approximate location of the proposed South Bank Viaduct
I. Executive Summary
Eugene-Springfield has one of the largest networks of riverfront bicycle and pedestrian facilities in the state. The current
connection between Eugene and Springfield is limited to the north side of the Willamette River. The extensive south
bank Willamette River path system In Eugene ends at Interstate 5 because of the physical barriers created by both the
existing 1-5 bridges and the proximity of Franklin Boulevard (OR 126B) to the Willamette River. Users traveling between
the two cities along the south side ofthe Willamette River must cross to the north side of the river near the 1-5 bridge or
divert to the shoulders of Franklin Boulevard (OR 126B), a high speed arterial street.
Many planning documents, including the Central Lane MPO Regional Transportation Plan, TransPlan, the Glenwood
Refinement Plan and Willamalane Park and Recreation District Comprehensive Plan, call for the continuation of the
Willamette River South Bank Path through Glenwood to Springfield. Construction of the South Bank Viaduct is essential
to the continuation and development of the South Bank Path. The combined viaduct and path facilities (the combined
facilities referred to hereafter as the viaduct) will provide a safer, more pleasant experience for recreational and
commuter bicyclists and pedestrians traveling between Eugene and Springfield through Glenwood.
The proposed viaduct will be about 16 feet wide and 1,100 feet in length. it will connect to the South Bank Path at the
point where it currently diverts away from the river in Eugene, just west of the I-S bridges. The viaduct will elevate the
bike/pedestrian path and move it out away from the steep bank near the I-S bridges, and return to the riverbank at a
point where the path can continue to Glenwood. The proposed structure will hug the shoreline, minimizing Its impact
on the river. Some supporting columns will be placed in the river to support the viaduct as It bypasses the slope barrier.
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The South Bank Viaduct has wide support from local jurisdictions and agencies. The following jurisdictions, agencies and
communities have expressed support the South Bank Viaduct: ,
. City of Eugene
. City of Springfield
. Metropolitan Policy Committee (MPO)
. Willamalane Parks and Recreation
District
. Springfield Economic and Development
Agency
. Eugene Bicycle and Pedestrian Advisory
Committee
. lane County Board of Commissioners
An ODOT Transportation Enhancement Grant of almost $1 million, together with $250,000 in OTIA funds and about
$140,000 in donated materials will be used to fund the South Bank Viaduct project, The timing of the project will allow
reuse of multiple concrete box beams from the Willamette River detour bridge on the viaduct project, As the 1-5
replacement bridges are completed, and the detour bridge is removed, the South Bank Viaduct will be constructed.
Approval of the proposed Metro Plan amendment allows for the consideration of fill within the Willamette River
Greenway for the purpose of constructing the South Bank Viaduct, Approval of the amendment does not negate the
authority of agencies to oversee the design and construction of the viaduct to avoid, minimize or mitigate Impacts that
the construction and use of the facility might have on the River, The South Bank Viaduct will undergo NEPA review to
assess potential environmental impacts and to secure the needed approvals for construction of the structure,
Goal 15 Exception
Policy 0,11 of the Eugene-Springfield Metropolitan Area General Plan (Metro Plan) states in part: "The taking af an
exception is required if a non-woter-dependent transportotion facility requires placing of fill within the Willametle River
Greenway setback." Eugene, Springfield and Lane County are jointly requesting this Metro Plan text amendment with
the Goal 15 exception.
The proposed text amendment adds the following language to policy #0,11 of Chapter 111-0 Willamette River Greenway,
River Corridors and Waterways Element:
"An exception to Statewide Planning Goal 15 Willametle River Greenway was approved by the cities of Eugene and
Springfield and by Lane County authorizing construction of a bike path viaduct beneath the 1-5 bridges, along the south
bank of the Willametle River in Eugene and Glenwood. The exception authorizes construction of the bike path vioduct
including the fill and removal of fill necessary ta build the structure. This exception satisfies the criteria of Oregon
Administrative Rules (OAR) 660-004-0022 (6) Wiliametle Greenwoy and the exception requirements of OAR 660-004-
0020 60a/2, Part 1/ (c) for 0 'reasons' exception. Pursuant to OAR 660-004-0015, this exception Is hereby adopted os an
amendment to the Metro Plan text, Policy D_ 11, Chapter III, Section D."
Conclusion and Recommendation of Staff
The proposed Metro Plan amendments and exception to Statewide Planning Goal 15 is required by Policy 0,11 of
Chapter 111-0 (Willamette River Greenway, River Corridors and Water Ways Element). The Staff Report accompanying
this memorandum includes findings demonstrating conformance with the criteria for Metro plan amendments found in
Chapter 5, Section 5,14-135(C) ofthe Springfield Development Code. The same criteria for approving a Metro Plan
amendment are found in Eugene Code 9.7730(3) and Section 12.225(2) (a&b) of the Lane Code. The proposed
amendments are also consistent with the approval criteria for a Goal 15 exception found in Oregon Administrative
Rules (OAR) 660-004-0022 (6) Willamette Greenway and the exception requirements of OAR 660-004-0020 Goal 2, Part
iI (cl for a 'reasons' exception, and pursuant to OAR 660-004-0015.
Attachment 1-2
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Based on the findings of staff with respect to the criteria defined in Section 5.14-13S(C) of the Springfield Development
Code and Eugene Code 9.7730(3) and Section 12.225(2) (a&b) of the Lane Code for approving a Metro Plan
amendment and applicable sections of OAR 660-004-0022 for approving an exception to Statewide Planning Goal 15;
staff find the proposed text amendment to the Metro Plan and exception to Statewide Planning Goal 15 allowing the
placement of fill for the purpose of constructing the South Bank Viaduct beneath the Willamette River 1-5 Bridges, to be
consistent with these criteria and recommend approval of the amendment.
II. Procedural Requirements
Procedural requirements for Metro Plan amendments are described in Chapter IV. The amendment procedures are
reflected in each jurisdiction's local land use codes. Sections 5.2-115, 5.4-135 and 5.4-140 of the Springfield
Development Code, and sections 9.7700 through 9.7750 of the Eugene Code, contain the amendment procedures and
policies found in Chapter IV of the Metro Plan. This proposal includes the taking of an exception to Statewide Planning
Goal 15 (Willamette Greenway) since the proposed bicycle viaduct may require some fill to be placed or removed
during its construction. OAR 660-004-0022 provides additional direction in the processing of a Willamette Greenway
Goal exception. The following findings are made regarding procedural matters related to this proposal.
Findings:
Finding Ill. Section 5.14-115 ofthe Springfield Development Code (SDC) and Eugene Code (EC) 9.7700, Includes
definitions of two types of amendments to the Metro Plan. Section 5.14-115 (B.) and EC 9.7700(1) describes a
Type I amendment as one which includes changes to the urban growth boundary or the jurisdictional boundary
of the plan, requires a Roal exceotion not related to a UGB exoansion, or is a non-site specific amendment of
the Plan text. This proposal Is a text amendment to the Metro Plan which Includes an exception to Statewide
Planning Goal 15 (Willamette Greenway). By the definition found In Section 5.14-115 and EC 9.7700(1), this
proposal Is a Type I amendment.
Finding 112. This Metro Plan amendment was initiated jointly by the City of Eugene, the City of Springfield and
Lane County. A Notice of Proposed Amendment was filed with the Oregon Department of Land Conservation
and Development on June 30, 2009. A letter signed by the Planning Managers for each of the jurisdictions was
included with the Notice. .
Finding 113. The Springfield City Council approved a motion on July 6, 2009, affirming the action of the
Springfield Planning Manager to initiating the amendment.
Finding 114. SDC 5.14-135 and EC 9.7730(1)(b) states that to become effective, "a site specific Metro Plan Type I
amendment that involves a UGB or Plan Boundary change ... or that involves a Goal exception not related to a
UGB expansion, shall be approved by all three governing bodies."
finding 1/5. A public hearing was scheduled before the Joint Planning Commissions of Eugene, Springfield and
Lane County on September 1, 2009.
Finding 116. A public hearing was scheduled before the Joint Elected Officials of Eugene, Springfield and Lane
County on September 22, 2009.
Finding 1/7. Mailed notice of public hearings associated with a Metro Plan amendment must be sent to property
owners and residents within 300 feet of the subject sites (SDC Section 5.2-115 (A), and 5.14-140, EC 9.7735(3)).
Finding I/g. Mailed notice of public hearings was sent out on August 7, 2009 to property owners and residents
within 300 feet of the proposed bicycle viaduct. The mailing allowed more than 20 days notice before the first
public hearing as required by Section 5.2-115 A of the SDC and EC 9.7745 which directs compliance with the
procedures at EC 9.7735(3).
Attachment 1-3
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Finding #9. Section 5.2-115 (B) of the SOC and EC 9.7735(3) requires that proposed land use actions be
advertised in a newspaper of general circulation, providing information about the legislative action and the
time, place and location of the hearing.
Finding #10. Notice of the public hearings concerning this matter was published on August 10, 2009 in the
Register Guard, advertising both the hearing before the Joint Planning Commissions on September 1, 2009, and
the Joint Elected Officials on September 22, 2009. The content of the notice followed the direction given In
Section 5.2-115 B of the SOC and EC 9.7735(3).
Finding 1111. While no formal notice process is required, the Notice of Proposed Amendment packet that
was sent to OLCO was also sent electronically to Jan Houck, Water Recreation Coordinator with the
Oregon Parks and Recreation Department on July 27, 2009.
Finding #12. Notice of this project was also sent to Savannah Crawford, Planner for Region 2 (Springfield) of the
Oregon Department ofTransportation on July 27, 2009. The notice was comprised of the materials filed with
OLCO Notice of Proposed Amendment mentioned in Finding #2.
Conclusion:
Procedural requirements described in Sections 5.2-115, 5.4-135 and 5.4-140 of the SOC and EC 9.7745 and EC 9.7735(3)
have been followed. Notice requirements established by OLCO for amending the Development Code have also been
followed.
III. Decision Criteria and Findings
Section 5.14-135 C of the 50C and EC 9.7730(3) describes the criteria to be used in approving an amendment to the
Metro Plan. It states that in reaching a decision, the Planning Commissions and the City Councils and County
Commissioners must adopt findings which demonstrate that the proposal meets certain approval criteria. These
criteria and findings are shown below.
Criterion #1 '7he amendment must be consistent with the relevant statewide planning gaols adopted by
the Land Conservation and Development Commission."
Findings
Goal 1 - Citizen Involvement. Goal 1 calls for "the opportunity for citizens to be involved in all phases of the planning
process.OI
Finding #13. A public hearing was scheduled before the Joint Planning Commissions of Eugene, Springfield and
Lane County on September 1, 2009.
Finding 1114. A public hearing was scheduled before the Joint Elected Officials of Eugene, Springfield and Lane
County on September 22, 2009.
Finding 1115. Mailed notice of public hearings was sent out on August 7, 2009 to property owners and residents
within 300 feet of the proposed bicycle viaduct. The mailing allowed more than20 days notice before the first
public hearing as required by Section 5.2-115 A of the SOC and EC 9.7735(3).
Finding #16. Notice of the public hearings concerning this matter was published on August 10, 2009 in the
Register Guard, advertising both the hearing before the Joint Planning Commissions on September 1, 2009, and
the Joint Elected Officials on September 22, 2009. The content of the notice followed the direction given in
Section 5.2-115 B of the 50C and EC 9.7735(3).
Attachmenl1-4
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Goal 2 - Land Use Planning. Goal 2 outlines the basic procedures of Oregon's statewide planning program. It says
that land use decisions are to be made In accordance with a comprehensive plan, and that suitable "implementation
ordinances" to put the plan's policies into effect must be adopted.
Finding #17. Part I of Goal 2 requires that actions related to land use be consistent with acknowledged
comprehensive plans of cities and counties. The Eugene-Springfield Metropolitan Area General Plan (Metro
Plan) is the acknowledged comprehensive plan that guides land use planning in Springfield, Eugene and lane
County.
Finding #18. Part II of Goal 2 provides the conditions and standards for which a local jurisdiction can adopt an
exception to a statewide goal. Relevant to this request is Statewide Planning Goal 15, Willamette River
Greenway which does not allow non water-dependent, non water-related uses, such as the proposed
transportation facility, within the greenway setback without receiving an exception. The need for a goal
exception is specifically triggered by Policy 0.11 of the Metro Plan, Willamette River Greenway, River Corridors,
and Waterways Element. The exception to Goal 15 is discussed under section IV which is incorporated herein
by reference. Chapter 111-0 of the Metro Plan specifically addresses Issues related to the Willamette Greenway.
The following policies found in Chapter 11I-0 are cited below (emphasis added).
Policy 0.2 land Use regulation and acquisition programs along river corridors and waterways shall take into
account all the concerns and needs of the community, including recreation, resource, and wildlife protection;
enhancement of river corridor and waterway environments; Dotential for SUDDortine non-automobile
transDortation: opportunities for residential development; and other compatible uses.
Policy 0.3 Eugene, Springfield and lane County shall continue to COODerate in eXDandine water-related Darks
and other facilities. where aDDroDriate. that allow access to and enlovment of the river and waterwav
corridors.
Policy 0.11 states in part that: The taking of an exceotion shall be required if a non-water dependent
transportation facility requires placing of fill within the Willamelle River Greenway setback.
Finding #19. TransPlan (2002) is Eugene-Springfield's local Transportation System Plan and is a functional plan of
the Metro Plan. TransPlan provides policies addressing transportation facilities and policies for the Eugene-
Springfield Metropolitan Area.
Finding #20. TransPlan contains project lists and maps showing needed transportation facilities in the
Metropolitan area. The Future Bikeway Project Map shows an off-street bike facility running along the south
bank of the Willamette River underneath the 1-5 Bridge. This bikeway is identified as project #851 South Bank
Trail (A) with an estimated cost of $1,8000,000 (Jurisdiction: Springfield). The viaduct would then connect with
the existing bike path on the Eugene side of 1-5, shown as an existing off-street bike facility on the TransPlan
Financially-Constrained Bikeway System Projects map. The proposed viaduct and path facilities would
Implement a portion of project #8S1.
Finding #21. Central Lane MPO Regional Transportation Plan lists the Glenwood Riverfront Park Path (Project
851) as a financially constrained project. It is classified as a multiuse path without road project.
Finding #22. The Glenwood Refinement Plan (1999) Is a refinement plan of the Metro Plan. It contains a map of
proposed bicycle routes (pg. 53) that shows the South Bank Trail as an off-street path following the Willamelle
River, connecting the Eugene path system to the Springfield Bridges. Glenwood Refinement Plan Policy # 4.5
calls for the acquisition of easements for a pedestrian and bicycle access to and along the Wlllamette River
through the Glenwood area.
Attachment 1-5
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Willamalane Park and
Recreation
Comprehensive Plan
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Map # 3--Existing,
Planned and Proposed
Multi-Use Paths and
Bikeways
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Excerpt from Map 113
Multiuse Path illS on
the map is the proposed
South Bank Trail.
KEY
Existing and Planned IOn-Street BIcycle System 2
- Exisling and Planned Off-Street Multiuse Path 1
Proposed~On.Streel Bicycle System
- P(oposed Off.Street Mulliuse ~a~h
I Planned projects Me from TransPlan (Jl.lly 2002)8nd Springfiefd Sicycle Plan (June 1998)
Tney may 81s0 be induded in this plan
1 The Of HI reel bicycle system Indudes striped bike lanes and signed bike routes
) Off-street multiuse aths ma be Indu<Jed In or Inde ndent of linear ar1\s
Finding 1123. The Willamalane Park and RecreatIon Comprehensive Plan is a refinement plan of the Metro Plan.
Map 113 (page 28) of the Comprehensive Plan shows existing, planned and proposed multiuse paths and bike
ways. Map 113 shows the South Bank Trail running along the Willamette River through Glenwood as an oft-
street multiuse path.
60013 - Agricultural Land. Goal 3 defines "agricultural lands." It then requires counties to Inventory such lands and
to "preserve and maintain" them through farm zoning;
Finding #24. This goal does not apply within adopted, acknowledged urban growth boundaries. The City of
Springfield does not have any agricultural zoning districts. These amendments do not apply outside the urban
growth boundary and, because of limitations on commercial and industrial development without full urban
services, generally do not apply outside the city limits.
All land in the City's urban transition area carries City zoning. An exception to this goal was taken in 1982
when the regional comprehensive plan was acknowledged. The City of Eugene does have agricultural zoning
districts, however as stated, Goal3 excludes lands Inside an acknowledged urban growth boundary from the
definition of agricultural lands and the project is within the urban growth boundary.
60014 - Forest Land. This goal defines forest lands and requires counties to Inventory them and adopt policies and
ordinances that will "conserve forest lands for forest uses,"
Finding #2S. This goal does not apply within adopted, acknowledged urban growth boundaries. The City of
Springfield does not have any forest zoning districts. These amendments do not apply outside the urban
growth boundary and, because of limitations on commercial and industrial development without full urban
services, generally do not apply outside the city limits. All land in the City's urban transition area carries City
zoning. An exception to this goal was taken in 1982 when the comprehensive plan was acknowledged. The City
of Eugene also does not have forest zoning. Goal4 does not apply within urban growth boundaries and,
Attachment 1-6
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therefore, does not apply to the subject property which is within the Eugene-Springfield urban growth
boundary (OAR 660-006-0020).
Goo' 5 - Open Spaces, Scenic and Historic Areas, and Natural Resources. GoalS covers mare than a dozen natural
and cultural resources such as wildlife habitats and wetlands. It establishes a process for each resource to be
inventoried and evaluated.
Finding 1126. The following administrative rule (OAR 660-023-02S0) is applicable to this post-acknowledgement
plan amendment (PAPA) request:
(3) local governments are not required to apply Goal S In consideration of a PAPA unless the PAPA affects a
Goal S resource. For purposes of this section, a PAPA would affect a GoalS resource only if:
(a) The PAPA creates or amends a resource list or a portion of an acknowledged plan or land use regulation
adopted in order to protect a significant GoalS resource or to address specific requirements of GoalS;
(b) The PAPA allows new uses that could be conflicting uses with a particular significant GoalS resource site
on an acknowledged resource list; or
(c) The PAPA amends an acknowledged UGB and factual Information is submitted demonstrating that a
resource site, or the impact areas of such a site, is included in the amended UGB area.
Subsections (a) and (c) above are not applicable to this request as the proposed amendments do not create or
amend a list of GoalS resources, do not amend a plan or code provision adopted In order to protect a
significant GoalS resource or to address specific requirements of GoalS, and do not amend the acknowledged
Urban Growth Boundary.
Finding 1127. Regarding subsection (b), the Springfield Inventory of Natural Resource Sites (GoalS Inventory) was
adopted on May 3, 2004. In adopting the GoalS Inventory, the City Council chose to apply the "standard
process" provisions of ORS 660-23-110 to the protection of riparian corridors.
Finding 1128. The Willamette River is an inventoried riparian resource site on the Springfield Inventory of Natural
Resource sites. This Is Springfield's adopted GoalS Inventory. It Is Identified as site "WA/WB" on the
Inventory.
Finding 1129. Site WA/WB is assigned the following protection under Springfield's GoalS program for protecting
riparian sites:
"GoalS Recommendation: limit conflicting uses and employ low impact development practices when
developing within 150 feet of the resource site. The Willamette River (WA/WB) is a water quality limited
watercourse and Is protected by a 75-foot development setback and site plan review standards described in
31.240 of the Springfield Development Code. No additional setbacks are necessary. The documented presence
of a state and federally listed specie requires coordination with the Oregon Department of Fish and Wildlife
and appropriate federal agencies to determine what (if any) additional measures may be needed."
Finding 1130. Section 4.3-117 (E) of the Springfield Development Code describes permitted uses within the
setback area for locally significant riparian resource sites. Section 4.3-117 (E) (n.) lists "Public multi-use paths,
access ways, trails, boardwalks, picnic areas, interpretive and educational displays and overlooks, including
benches and outdoor furniture;" among the allowed uses. The proposed South Bank Viaduct is a permitted use
within the protective setback along that portion of the Willamette River within Springfield's planning
jurisdiction.
Finding 1131. In Eugene, the subject project area also includes Eugene-adopted GoalS riparian resource sites; the
Willamette River, and a tributary to the Willamette River located next to the bicycle/pedestrian path and under
Franklin Boulevard. The /WR Water Resources Conservation Overlay Zone are standards in Eugene that address
GoalS. The Willamelle River has a 100-foot setback according to these provisions. Construction of public
Attachment 1-7
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.
improvements, such as the viaduct, which include work within the setback and riparian resource site areas
must with the !WR Water Resources Conservation Overlay Zone beginning at EC 9.4900. The tributary to the
Willamette River does not have a setback and is Identified as not protected.
Finding #32. Approval of the Metro Plan amendment allows for the consideration of fill within the Willamette
River Greenway for the purpose of constructing the South Bank Viaduct. Approval of the amendment does not
negate the authority of local, state and federal agencies to oversee the design and construction of the viaduct
to avoid, minimize or mitigate the environmental impacts that construction and use of the facility might have
on the River consistent with OAR 660-0n-02S0(3)(b).
Finding #33. Other state and federal permits or actions may be required to protect water quality, fish and wild
life protection as part of the federal National Environmental Protection Act (NEPA) review. These permits and
actions have yet to be determined at this writing. A consultant has been retained and is preparing the analysis
required for NEPA review and processing.
Goal 6 - Air, Water and Land Resaurces Quality. This goal requires local comprehensive plans and Implementing
measures to be consistent with state and federal regulations on matters such as groundwater pollution.
Finding #34. The City of Springfield has revised its Development Code to respond to National Pollutant Discharge
Elimination System (NPDES) Phase II, the Clean Water Act, and the Drinking Water Protection Act and is in the
process of devising a response to the Endangered Species Act for listed species in our area. The South Bank
Viaduct will be subject to staff review and to the development standards set forth in Sections 4.3-115 (Water
Quality Protection and 4.3-117 (Natural Resource Protection Areas). These standards implement the
protections required by the NPDES Phase II, the.Clean Water Act and the Drinking Water Protection Act, and
the City of Springfield's GoalS program for natural resource protection. Similarly, the portion within Eugene
will be subject to staff review and the development standards beginning at EC 9.4900 (/WR Water Resources
Conservation Overlay Zone) including review for erosion, vegetation impacts, replanting, and stormwater. With
regard to air quality and noise, the viaduct should have a positive effect on air quality and noise by Increasing
the options for alternative modes of transportation.
Finding #35. The proposed text amendment and Goal exception will not alter the environmental protection
standards policies cited in Finding 1134 or amend the metropolitan area's air, water quality or land resource
policies. The design and construction of the proposed bicycle viaduct will be reviewed and monitored by local,
state, and federal agencies with authority to evaluate and regulate the environmental impacts of the project on
the Willamette River.
Finding 1136. Approval of the Metro Plan amendment allows for the consideration of fill within the Willamette
River Greenway for the purpose of constructing the South Bank Viaduct. Approval of the amendment does not
negate the authority of agencies to oversee the design and construction of the viaduct to avoid, minimize or
mitigate impacts that the construction and use of the facility might have on water quality in the River.
Finding 1137. The viaduct project will require a Joint Application Form seeking permission from the U.S. Army
Corps of Engineers and the Oregon Department of State lands to conduct construction activities that may
impact wetland and riparian resources in the project area. These agencies will add conditions for approval as
required to address their concerns if any regarding wetland and riparian protection.
Goal 7 - Areas Subject to Natural Disasters and Hazards_ Goal 7 deals with development In places subject to natural
hazards such as floods or landslides. It requires that jurisdictions apply "appropriate safeguards" (floodplain zoning,
for example) when planning for development there.
Finding 1138. All sites within Springfield and Eugene that are subject to these hazards (floodplain, erosion,
landslides, earthquakes, weak foundation salls) are inventoried through a variety of sources. The proposed
Attachmenl1-8
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.
.
Metro Plan text amendment and Goal exception does not remove or exempt compliance with Code standards
that may apply to development within these hazard areas.
Finding #39. FIRM Panel Number 41039Cl66F shows the project area is affected by the 100-year floodplain
(Willamette River, Glenwood Slough).
Finding #40. Within city of Springfield jurisdiction, floodplain development is regulated by the Floodplain (FP)
Overlay District. The FP Overlay District applies to all areas of special flood hazard. Development proposals
within the FP Overlay District are reviewed under Type I procedure and approval is required before
construction or development begins within any area of special flood hazard.
Within the City of Eugene floodplain development is regulated by development standards beginning at EC
9.670S through 9.6709. While development within ODOT right.of-way would need to meet these standards the
City does not review nor issue permits in ODOT right-of-way. A floodplain development permit is required for
development within the Special Flood Hazards Area (SFHA) that is in Eugene but outside of the public right-of-
way. Any development within the floodway will require a no-rise analysis and certification meeting FEMA
Region X standards. This would be required as part of a floodplain development permit for any development
within the floodway that is outside ODOT right-of-way but still in Eugene. The floodway is a high hazard area
typically associated with high velocity flows that is necessary to convey floodwaters out of our community.
Finding #41. In February 2009, ODDT prepared and submitted a Hydroulic and Scour Analysis Report, including
"No.Rise" analysis, to analyze the hydraulic conditions for the I-S Replacement Bridge project to determine the
effects of the required construction activities to the 100-year floodplain during and after construction. The
report concluded that the Willamette River I-S Replacement Bridge project would have a minimal impact on
flood levels during a 100-year event.
Finding #42. The proposed South Bank Viaduct will be constructed at the same location on the south bank of the
Wlllamette River as the 1-5 Replacement Bridges. Although a new analysis may be required, it is likely that the
viaduct will contribute little to flood elevations in the event of a 100-year flood event, given the small area
affected by the project compared to the Replacement Bridge project.
Goal8 - Recreational Needs. This goal calls for each community to evaluate its areas and facilities for recreation and
develop plans to deal with the projected demand for them.
Finding #43. Willamalane Park and Recreation District is the entity responsible for park planning, development
and maintenance in the subject park areas within Springfield. In 2004, Willamalane completed the Willamalane
Parks and Recreation Comprehensive Plan that was adopted by both the City of Springfield and Lane County as
a refinement plan to the Metro Plan.
Finding #44. Willamalane's Comprehensive Plan shows the proposed South Bank Viaduct (South Bank Trail) on
Map 3-"Existing and Proposed Multiuse Paths and Bike Ways."
Finding #45. Several City documents anticipate a multi-use path connecting Eugene and Springfield on the south
side of the Willamette River. Additionally, as previously mentioned under Goal 2, the TransPlan Future Bikeway
Project Map shows an off.street bike facility running along the south bank of the Willamette River underneath
the 1-5 Bridge. This bikeway is identified as project #851 South Bank Trail (A) ijurisdiction: Springfield). The
viaduct would then connect with the existing bike path on the Eugene side of 1-5, shown as an existing off-
street bike facility on the TransPlan Financially-Constrained Bikeway System Projects map.
Gool9 - Economic Development. Goal 9 calls for diversification and improvement of the economy. It asks
communities to h:lVentory commercial and industrial lands, project future needs for such lands, and plan and zone
enough land to meet those needs.
Attachment 1-9
.
.
Finding #46. The proposed Metro Plan text amendment does not reduce the inventory of commercial and
industrial lands.
Finding #47. The South Bank Viaduct will be both an important transportation facility for bike commuters and
pedestrians connecting Eugene and Springfield. It is also an amenity with the potential to bring recreational
users into the Glenwood and downtown Springfield business areas.
Finding #48. To the extent that recreational access to the Willamette River and to future Glenwood development
in Glenwood and Downtown Springfield is part of a business location decision, the proposed South Bank
Viaduct facility may increase the marketability of Springfield and Eugene for new business and industry.
Goal 10 - Housing. This goal specifies that each city must plan for and accommodate needed housing types, such as
multifamily and manufactured housing.
Finding #49. The proposed Metro Plan text amendment and Goal exception will not reduce available housing
capacity and will not impact needed housing. As such this goal is not applicable to the evaluation 0 f this
proposal.
Goal 11 - Public FacilitIes and Services. Goa\l1 calls for efficient planning of public services such as sewers, water,
law enforcement, and fire protection.
Finding #50. The Eugene-Springfield Metropolitan Public Services and Facilities Plan (PFSP) is a refinement plan
of the Metro Plan that guides the provision of public infrastructure, including water, sewer, storm water
management, and electricity. The proposed Metro Plan text amendment and Goal exception does not modify
any policies set forth in the PFSP, and no future facilities listed in the PFSP shall be affected by the amendment.
Goal 12 - Transportation. The goal aims to provide "a safe, convenient and economic transportation system."
Finding #51. TransPlan (2002) is Eugene-Springfield's local Transportation System Plan and is a functional plan of
the Metro Plan. TransPlan provides policies addressing transportation facilities and policies for the Eugene-
Springfield Metropolitan Area.
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Attachmenl1-10
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.
Finding 1152. TransPlan contains project lists and maps showing needed transportation facilities in the
Metropolitan area. The Future Bikeway Project Map shows an off-street bike facility running along the south
bank of the Willamelte River underneath the 1-5 Bridge. This bikeway is identified as project 1185150uth Bank
Trail (A) with an estimated cost of $1,800,000 (Jurisdiction: Springfield). The viaduct would then connect with
the existing bike path on the Eugene side of 1-5, shown as an existing off.street bike facility on the TransPlan
Financially-Constrained Bikeway System Projects map.
Finding 1153. TransPlan's TSI Bicycle Policy # 3 (Chapter 2, pg. 33) requires "bikeways to connect new
development with nearby neighborhood activity centers and major destinations." As previously mentioned,
the South Bank Viaduct and South Bank Path will connect Eugene to Glenwood and to downtown Springfield
through Glenwood.
Finding #54. TransPlan's TSI Bikeway Policy #4 assigns priority to the finding of "Priority Bikeway Miles." These
are defined as stand-alone bike projects listed in TransPlan that are not associated with roadway projects. As
mentioned above, the proposed South Bank Viaduct Is part of project 1185150uth Bank Trail {A} which is a
stand-alone project that is not associated with a roadway.
Finding 1155. Central lane MPO Regional Transportation Plan lists the Glenwood Riverfront Park Path (Project
851) as a finically constrained project. It is classified as a multiuse path without road project.
Finding 1156. Additionally, Goal 12 is implemented through the Transportation Planning Rule (TPR), as defined in
Oregon Administrative Rule OAR 660-012-0000, et seq. The Eugene-Springfield Metropolitan Area
Transportation Plan {TransPlan} provides the regional policy framework through which the TPR is implemented
at the local level. The TPR (OAR 660-012-0060) states that when land use changes, including amendments to
acknowledged comprehensive plans, significantly affect an existing or planned transportation facility the local
government shall put in place measures to assure that the allowed land uses are consistent with the identified
function, capacity and performance standards (level of service, volume to capacity ratio, etc.) of the facility.
TransPlan, which implements Goal 12, Identifies an off-site bike path as a future facility and the south bank bike
path on the Eugene side as an existing off-street bike path.
Finding #57. The TPR requires a determination of which existing and planned transportation facilities will
experience a significant affect as a result of the proposed plan amendment, and defines what constitutes a
significant effect (OAR 660-012-0060(1)). The analysis for significant effect is related to impacts to function,
capacity and performance standards which are street standards not applicable to bicycle/pedestrian paths;
therefore the proposal is consistent with TPR. Furthermore, the viaduct and path facilities provide alternative
transportation modes which would benefit, not worsen, nearby streets.
Goal 13 - Energy Conservation. Goal 13 declares that "land and uses developed on the land shall be managed and
controlled so as to maximize the conservation of all forms of energy, based upon sound economic principles.11
Finding 1158. Approval of the proposed Metro Plan text amendment and Goal exception will not have a direct
impact on efforts to conserve energy; as such this goal is not applicable to the evaluation of this proposal.
Goal 14 - Urbanization. This goal requires cities to estimate future growth and needs for land and then plan and
zone enough land to meet those needs.
Finding 1159. The proposed Metro Plan text amendment and Goal exception affect an area within the existing
UGB; as such this goal is not applicable to the evaluation of this proposal.
Goal 15 - Willomette River Greenway. Goal 15 sets forth procedures for administering the 300 miles of greenway
that protects the Willamelte River.
Attachment 1-11
.
.
Finding #60. Chapter III 0 of the Metro Plan-"Willamette River Greenway, River Corridors and Waterways
Element" includes findings, objectives and policies for administering the Willamette River corridor as It passes
through the Eugene-Springfield area.
Finding #61. Policy 0.11 of Chapter III states: The taking of an exception shall be required if a non-water
dependent transportation facility requires placing of fill within the Willamette River Greenway setback."
Finding #62. The proposed South Bank Viaduct Is located within the Willamette River Greenway setback. While
the viaduct design is not complete, it may require the removal or placement of fill within the Greenway
setback. For this reason, an exception to Statewide Planning Goal 15 is required as part of this proposal.
Findings for the Goal 15 exception are provided at below under section IV and are incorporated herein by
reference.
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Finding #63. In 2003 and 2008, exceptions to Statewide Planning Goal 15 were taken and Policy 0.11 of Chapter
III of the Metro Plan was amended to allow construction and related activities for the Wlllamette River 1.5
Detour and Replacement Bridges, respectively. Those exceptions to Goal 15 were approved in advance of any
construction designs.
Finding #64. The exception taken in 2003 and in 2008 (articulated In Chapter III, Policy 0.11) did not foresee or
Include the proposed South Bank Viaduct.
Finding #65. Chapter 111-0 of the Metro Plan specifically addresses issues related to the Willamette Greenway.
The following policies found in Chapter 111-0 are applicable to this proposal and are cited below (emphasis
added), and further addressed below under Criterion #2, consistency with the Metro Plan. Policy 0.11, restated
below, is the policy that directs an exception to be taken and a text amendment to the Metro Plan for the
proposed viaduct and path, similar to the exceptions provided for the 1-5 bridges.
Policy 0.2 land Use regulation and acquisition programs along river corridors and waterways shall take into
account all the concerns and needs of the community, including recreation, resource, and wildlife protection;
enhancement of river corridor and waterway environments; Dotential for SUDDOrtlnR non-automobile
transDortation; opportunities for residential development; and other compatible uses.
Policy 0.3 Eugene, Springfield and lane County shall continue to coo Derate In eXDandinR water-related Darks
and other facilities. where aDDroDriate. that allow access to and eniovment of the river and waterwav
corridors.
Policy 0.11 The taking of an exception shall be required if a non-water dependent transportation facility
requires placing of fill within the Willamette River Greenway setback.
Attachment 1-12
.
.
An exception to Statewide Planning Goal 15 Willamette River Greenway was approved for Oregon Department
of Transportation (OOOT) for purposes of removing and replacing the decommissioned 1-5 bridge, the
temporary detour bridge and the Canoe Canal bridge with two new parallel bridges (one southbound and one
northbound) within the 1-5 right-of-way crossing the Willamette River and Canoe Canal and within the
Willamette River Greenway Setback Line. The exception authorizes construction and later removal of one or
more temporary work bridges; demolition of the decommissioned 1-5 Willamette River Bridge, Canoe Canal
Bridge, and detour bridges; construction of the two replacement bridges; reconstruction of the roadway
approaches to the bridges (1-5 and ramps); rehabilitation of the project area; and completion of any required
mitigation of project Impacts. In association with these tasks. the exception further authorizes within the
Willamette River Greenway Setback Line the addition and removal of fill within OOOT right-of-way and the
removal of fill within a temporary slope easement east of 1-5. This exception satisfies the criteria of Oregon
Administrative Rule (OAR) 660-004-0022(6), Willamette Greenway. and the exception requirements of OAR
660-004-0020 Goal2 Part lI(c) for a "reasons" exception, and pursuant to OAR 660-004-0015. is hereby
adopted as an amendment to the Metro Plan text. Policy 0.11. Chapter III. Section 0
Goals 16 through 19 - EstuarIne Resources, Coastal Shorelands, Beaches and Dunes, and Ocean Resources.
Finding 1166. There are no coastal, ocean, estuarine, or beach and dune resources within the Eugene-Springfield
Urban Growth Boundary. These goals do not apply to this proposal.
Conclusion
The findings shown above demonstrate that the proposed Metro Plan text amendments and Goal 15 exception
allowing the construction of the South Bank Viaduct facility as part of the South Bank Path is in substantial
conformance to Oregon's Statewide Planning Goals.
Criterion #2. "Adoption of the amendment must not make the Metro Plan internally inconsistent."
Findings
Finding 1167. Chapter 111-0 of the Metro Plan specifically addresses issues related to the Willamette Greenway.
The following policies found in Chapter 111-0 are cited below (emphasis added).
Policy 0.2 Land Use regulation and acquisition programs along river corridors and waterways shall take into
account all the concerns and needs of the community. including recreation. resource, and wildlife protection;
enhancement of river corridor and waterway environments; potential for supportine non-automobile
transoortation; opportunities for residential development; and other compatible uses.
Policy 0.3 Eugene. Springfield and Lane County shall continue to COODerate In expandine water-related Darks
and other facilities. where aDPrODriate. that allow access to and enlovment of the river and waterwav
corridors.
Policy 0.11 The taking of an exception shall be required if a non-water dependent transportation facility
requires placing of fill within the Willamette River Greenway setback.
An exception to Statewide Planning Goal 15 Willamette River Greenway was approved for Oregon Department
ofTransportation (OOOT) for purposes of removing and replacing the decommissioned 1-5 bridge, the
temporary detour bridge and the Canoe Canal bridge with two new parallel bridges (one southbound and one
northbound) within the 1-5 right-of-way crossing the Willamette River and Canoe Canal and within the
Willamette River Greenway Setback Line. The exception authorizes construction and later removal of one or
more temporary work bridges; demolition of the decommissioned 1-5 Willamette River Bridge, Canoe Canal
Attachment 1-13
.
.
Bridge, and detour bridges; construction of the two replacement bridges; reconstruction of the roadway
approaches to the bridges (1-5 and ramps); rehabilitation of the project area; and completion of any required
mitigation of project impacts. In association with these tasks, the exception further authorizes within the
Willamette River Greenway Setback Line the addition and removal of fill within ODOT right-of-way and the
removal of fill within a temporary slope easement east of 1-5. This exception satisfies the criteria of Oregon
Administrative Rule (OAR) 660-004-0022(6), Willamette Greenway, and the exception requirements of OAR
660-004-0020 Goal 2 Part lI(c) for a "reasons" exception, and pursuant to OAR 660-004-0015, is hereby
adopted as an amendment to the Metro Plan text, Policy 0.11, Chapter III, Section D.
Finding 1168. The proposed South Bank Viaduct is located within the Willamette River Greenway setback. While
the viaduct design is not complete, it may require the removal or placement offill within the Greenway
setback. For this reason, an exception to Statewide Planning Goal 15 is required as part of this proposal.
Finding 1169. In 2003 and 2008, exceptions to Statewide Planning Goal 15 were taken and Policy 0.11 of Chapter
III of the Metro Plan was amended to allow construction and related activities for the Willamette River 1-5
Detour and Replacement Bridges, respectively. Those exceptions to Goal 15 were approved in advance of any
construction designs.
Finding 1170. The exceptions taken in 2003 and 2008 (articulated in Chapter III, Policy 0.11) did not foresee or
include the proposed South Bank Viaduct.
Finding 1171. TransPlan (2002) is Eugene-Springfield's local Transportation System Plan and is a functional plan of
the Metro Plan. TransPlan provides policies addressing transportation facilities and policies for the Eugene-
Springfield Metropolitan Area.
Finding 1172. TransPlan contains project lists and maps showing needed transportation facilities in the
Metropolitan area. The Future Bikeway Project Map shows an off-street bike facility running along the south
bank of the Willamette River underneath the 1-5 Bridge. This bikeway is identified as project 11851 South Bank
Trail (A) with an estimated cost of $1,8000,000 (Jurisdiction: Springfield). The viaduct would then connect with
the existing bike path on the Eugene side of 1-5, shown as an existing off-street bike facility on the TransPlan
Financially-Constrained Bikeway System Projects map.
Finding 1173. Central Lane MPO Regional Transportation Plan lists the Glenwood Riverfront Park Path (Project
851) as a finically constrained project. It is classified as a multiuse path without road project. .
Finding 1174. The Glenwood Refinement Plan (1999) \s a refinement plan of the Metro Plan. It contains a map of
proposed bicycle routes (pg. 53) that shows the South Bank Trail as an off-street path following the Willamette
River, connecting the Eugene path system to the Springfield Bridges. Glenwood Refinement Plan Policy II 4.5
calls for the acquisition of easements for a pedestrian and bicycle access to and along the Willamette River
through the Glenwood area.
Finding 1175. The Willamalane Park and Recreation Comprehensive Plan is a refinement plan of the Metro Plan.
Map 113 (page 28) of the Comprehensive Plan shows existing, planned and proposed multiuse paths and bike
ways. Map 113 shows the South Bank Trail running along the Willamette River through Glenwood as an off-
street multiuse path.
Finding 1176. In Eugene, the Riverfront Park Study (RPS) is adopted as a refinement of the Metro Plan. The RPS
study boundary includes the south bank of the Willamette River up to the 1.5 Bridge. Although the exact
location of the viaduct will determined through subsequent permitting processes, the western portion of the
viaduct is generally located In this area,
Attachment 1-14
.
.
Finding 1177. The RPs includes several applicable policies regarding supporting a south bank bicycle/pedestrian
path, minimizing Impacts to riparian vegetation and the Mill Race. Given that the proposal will allow
consideration of extension of the south bank bicycle/pedestrian path, and with the findings for Statewide
Planning GoalS, 15 and 12 above which are incorporated herein by reference, the proposed amendment Is
consistent with the applicable policies of the RPs.
Conclusion
The proposed Metro Plan text amendment and Goal 15 exception would not make the Metro Plan Internally
inconsistent. The Metro Plan and its related retinement plans are specific in their planning for the South Bank Path and
the alignment of that path along the Willamette River, passing beneath the Willamette 1-5 Bridge and connecting
Eugene's bike system to Springfield through Glenwood. The South Bank Viaduct facility Is a critical facility that allows
passage around the existing barrier beneath the bridge that prevents such connectivity.
IV. Compliance with Applicable Administrative Rules of Chapter 660, Division 004-lnterpretatlon of Goal 2
Exception Process
"Statewide Planning Goal 2-Land Use Planning. Part II, Exceptions," allows for exceptions to be made to certain other
statewide planning goals. OAR chapter 660 division 4 explains the three types of exceptions set forth in Goal 2.
Division 4 Interprets the exception process as It applies to statewide Goals 3 to 19.
OAR 660-004-0010(2) states: "the exceptions process is generally not applicable to those statewide goals which
establish planning procedures and standards that do not prescribe or restrict certain uses of resource land or limit the
provision of certain public facilities and services, because these goals contain general planning guidance or their own
procedures for resolving conflicts between competing uses. However, exceptions to these goals, although not required,
are possible and exceptions taken to these goals will be reviewed when submitted by a local jurisdiction. These
statewide goals are (emphasis added):
(a) GoalS "Natural Resources";
(b) Goal6 "Air, Water, and Land Resources Quality";
(c) Goal7 "Natural Disasters and Hazards";
(d) Goal 8 "Recreational Needs";
(e) Goal9 "Economy of the State";
(f) Goal 10 "Housing" except as provided for in OAR 660-008-0035, "Substantive Standards for Taking a Goal 2,
Part II, Exception Pursuant to ORS 197.303(3)";
(g) Goal 12 "Transportation" except as provided for by OAR 660-012-0070, "Exceptions for Transportation
Improvements on Ruralland";
(h) Goal 13 "Energy (onservation";
III Goal 15 "Willamette Greenwav" except as provided for In OAR 660-004-0022161: and
Ul Goal 19 "Ocean Resources."
Attachment 1-15
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.
Compliance with 660-004-0015-lnclusion as Part of the Plan
OAR 660-004-0015 (1) states that "a local government approving a proposed exception shall adopt as part of its
comprehensive plan findings of fact and a statement of reasons which demonstrate that the standards for an exception
have been met. The applicable standards are those in Goal 2, Part lI(c), OAR 660-004-0020(2), and 660-004-0022. The
reasons and facts shall be supported by substantial evidence that the standard has been met."
Finding 1178_ This proposal amends the Metro Plan text and takes an exception to allow the construction of the
South Bank Viaduct beneath the Willamette River 1-5 Bridges. Approval of the proposal will place language (see
Attachment 1) into the Metro Plan providing for an exception to Statewide Goal 15. The local ordinances
adopting this proposal will require the approving bodies to adopt the findings of fact and reasons for the text
amendment and goal exception.
Finding 1179. Findings 1181 through 1193address the "reasons" that are specific to a goal exception for Statewide
Planning Goal 15. These shall be adopted by reference as part of the staff report and exhibit to the local
ordinances adopted by the local approving bodies.
Compliance with OAR 660-004-0022-Reasons Necessary to Justify and Exception under Goal 2 Part IIlc)
OAR 660-004-0022 states that an exception can be taken for any use not allowed by the applicable goal(s). The types of
reasons that mayor may not be used to justify certain types of uses not allowed on resource lands are set forth in this
section. Subsection (6) of OAR 660-004-0022 lists the reasons that can be used to justify an exception to Statewide
Planning Goal 15-Willamette River Greenway. Subsection (6) states:
"(6) Willamelte Greenway: Within an urban area designated on the approved Willamelte Greenway Boundary
maps, the siting of uses which are neither water-dependent nor water-related within the setback line required
by Section C.3.k of the Goal may be approved where reasons demonstrate the following:
(aj The use will not have a significant adverse effect on the greenway values of the site under consideration or
on adjacent land or water areas;
(b) The use will not significantly reduce the sites available for water-dependent or water-related uses within
the jurisdiction;
(c) The use will provide a significant public benefit; and
(dj The use is consistent with the Legislative findings and policy in ORS 390.314 and the Willamette Greenway
Plan approved by LCOC under ORS 390.322."
"Reasons" Analysis for Statewide Planning Goal 15 Exception
The following section of this document analyzes the South Bank Viaduct proposal against the "reasons" that can be
used to justify an exception for Statewide Planning Goal 15 as listed In OAR 660-004-0022(6)(a-d).
"(a) The use will not have a significant adverse effect on the greenway values of the site under consideration or on
adjacent land or water areas;"
There appears to be no single statement of "greenway values" in the state statutes or administrative rules. The
purposes stated for establishing the Willamelte River Greenway are stated in OAR 660-015- 0005: "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." This purpose Is reflected in Chapter III Section 0 of the
Attachmenl1-16
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.
Metro Plan, the local comprehensive plan element that describes how the Wlllamette Greenway will be administered
within Eugene-Springfield's planning jurisdiction (emphasis added).
Finding #80. Policy 0.2 land Use regulation and acquisition programs along river corridors and waterways
shall take into account all the concerns and needs of the community, including recreation, resource, and
wildlife protection; enhancement of river corridor and waterway environments; Dotentlal for SUDDortln2 non-
automobile transDortation: opportunities for residential development; and other compatible uses.
Finding #81. Policy 0.3 Eugene, Springfield and lane County shall continue to COODerate In eXDandln2 water-
related Darks and other facilities. where aDDroDriate. that allow access to and eniovment of the river and
waterway corridors.
Finding #82. The proposed South Bank Viaduct is a non-automobile transportation faCility that will serve both
recreational and transportation functions. The facility will connect with the larger Eugene-Springfield riverfront
bike path system which Is arguably one of the best in Oregon.
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East end ofthe South Bank Viaduct
Attachment 1-17
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The existing bike path Is forced away from the river and on to Franklin Blvd, by the steep riverbank beneath the 1-5
Bridge and eastward, The path continues on a busy Franklin Blvd, which has an on-street bike lane and minimal
pedestrian facilities.
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Finding #83. The alignment of the proposed viaduct would hug the riverfront, passing beneath the 1-5 bridges.
The viaduct is located in an industrial zone, including under the 1-5 Bridge and adjacent to Franklin Blvd, As can
be seen from the aerial photos above, the presence of industrial uses; the 1-5 bridges; power transmission lines;
and the austerity of Franklin Boulevard significantly impact the scenic of this segment of the river compared to
other segments in Eugene-Springfield.
Finding #84. Existing development standards would require minimizing vegetation Impacts, replacement trees,
and restoration of the vegetation that Is disturbed by construction of the proposed viaduct on the riverbank,
minimizing the long-term visual Impact of the facility when viewed from the river.
Finding #85. Required NEPA review of this project will result in mitigation measures designed to minimize the
impact of the viaduct on riparian habitat and threatened and endangered fish species in the river.
Finding #86. The South Bank Viaduct and riverfront path that will be enabled by the viaduct will fulfill a
longstanding community need, That need is reflected in long-range planning documents for transportation and
recreation (Glenwood Refinement Plan, Glenwood Riverfront Plan, TransPlan, and the Willamalane Parks and
Recreation Comprehensive Plan).
"(b) The use will not significantly reduce the sites available for water.dependent or water-related uses within the
jurisdiction;"
Finding #87. The topography of the riverbank prohibits most water-dependent and water related uses. All of the
land occupied by the viaduct Is publlcaily owned and is not proposed for water-related or water-dependent
development in any adopted land use documents. This project will not significantly reduce the sites available
for water-dependent, water related-uses. The proposed viaduct structure will enable users to have better
access to the river in the future when the planned South Bank Path is built
"(c) The use will provide a significant public benefit; and"
Finding #88. As demonstrated by It Inclusion In a variety of comprehensive planning documents, the South Bank
Path and this portion of the path in particular will have a significant public benefit
"I d) The use Is consistent with the Legislative findings and polley In ORS 390.314 and the Willamette Greenway Plan
approved by LCDC under ORS 390.322."
Attachment 1-18
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ORS 390.341 and ORS 390.322 are shown below (emphasis added).
"390.314 legislative findings and policy. (1) The legislative Assembly finds that, to protect and preserve the
natural, scenic and recreational qualities of lands along the Willamette River, to preserve and restore historical
sites, structures, facilities and objects on lands along the Willamette River for public education and enjoyment
and to further the state policy established under ORS 390.010, It Is in the public interest to develop and
maintain a natural, scenic, historical and recreational greenway upon lands along the Willamette River to be
known as the Willamette River Greenway.
(2) In providing for the development and maintenance of the Willamette River Greenway, the legislative
Assembly:
(aJ Recognizing the need for coordinated plannlne for such ereenwav. finds it necessarv to provide for
development and implementation of a plan for such ereenwav throueh the cooperative efforts of the state
and units of local eovernment.
(b) Recognizing the need of the people of this state for existing residential, commercial and agricultural use of
lands along the Willamette River, finds it necessary to permit the continuation of existing uses of lands that are
included within such green way; but, for the benefit of the people of this state, also to limit the intensification
and change in the use of such lands so that such uses shall remain. to the ereatest possible deeree.
compatible with the preservation of the natural. scenic. historical and recreational aualities of such lands.
(c) Recognizing that the use of lands for farm use is compatible with the purposes of the Willamette River
Greenway, finds that the use of lands for farm use should be continued within the greenway without
restriction.
(d) Recognizing the need for central coordination of such greenway for the best interests of all the people of
this state, finds it necessary to place the responsibility for the coordination of the development and
maintenance pf such ereenwav in the State Parks and Recreation Department.
(e) Recognizing the lack of need for the acquisition of fee title to all lands along the Willamette River for
exclusive public use for recreational purposes in such greenway, finds it necessary to limit the area within such
greenway that may be acquired for state parks and recreation areas and for public recreational use within the
boundaries of units of local government along the Willamette River. [1973 c.558 ~1l"
"390.322 Submission of plan to land Conservation and Development Commission; revision, approval and
distribution of plan. (1) Following the preparation of the plan or any segment thereof under ORS 390.318, the
State Parks and Recreation DeDartment shall submit such Dlan or seement to the land Conservation and
DeveloDment Commission. The commission shall investigate and review such plan or segment as it considers
necessary. If the commission finds that the plan or segment complies with ORS 390.310 to 390.368, it shall
approve the pian or segment. If the commission finds revision of any part of the submitted plan or segment to
be necessary, it may revise the plan or segment itself or require such revision by the department and units of
local government.
(2) Upon approval of the plan for the Willamette River Greenway or segment thereof, the commission shall
cause copies of such plan or segment to be filed with the recording officer for each county having lands within
the Willamette River Greenway situated within its boundaries. Such plan or segment filed as required by this
subsection shall be retained in the office of the county recording officer open for public Inspection during
reasonable business hours.
(3) if the plan for the Willamette River Greenway Is prepared and approved In segments, the total of all such
approved segments shall constitute the plan for the Willamette River Greenway for the purposes of ORS
390.310 to 390.368. The department and units of local government, with the approval of the commission, may
revise the plan for the Willamette River Greenway from time to time. [1973 c.558 Hl"
Finding #89. The Metro Plan Chapter III Section D-Willamette River Greenway, River Corridors, and Waterways
Element, is the acknowledged plan and policy for implementing Statewide Planning Goal 15-Willamette River
Greenway. The Metro Plan provides local coordination and review of development that may affect the
Greenway.
Attachment 1-19
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Finding 1190. Amendment of the Metro Plan requires notice to be filed with the Oregon Department of Land
Conservation (DLCD) as well as affected local and state agencies. A Notice of Proposed Amendment concerning
this proposal was flied with DLCD on June 30, 2009.
Finding 1191. While no formal notice process is required, the Notice of Proposed Amen"dment packet that was
sent to DLCD was sent electronically to Jan Houck, Water Recreation Coordinator with the Oregon Parks and
Recreation Department on July 27, 2009.
Finding 1192. Notice of this project was also sent to Savannah Crawford, Planner for Region 2 of the Oregon
Department of Transportation on July 27, 2009. The notice was comprised of the materials filed with OlCD
Notice of Proposed Amendment mentioned in Finding 1191.
V. Conclusion and Recommendation of Staff
Based on the findings of staff with respect to the criteria defined in Section 5.14-135 C of the Springfield Development
Code and EC 9.7730(3) for approving a Metro Plan amendment and applicable sections of OAR 660-004-0022 for
approving an exception to Statewide Planning Goal 15; staff find the proposed text amendment to the Metro Plan and
exception to Statewide Planning Goal 15 allowing the placement of fill for the purpose of constructing the South Bank
Viaduct and path facilities beneath the Willamette River 1-5 Bridges, to be consistent with these criteria and
recommend approval of the amendment.
VI. Attachments
Attachment 1: Metro Plan text amendment language.
Attachment 2: Diagram showing the approximate location of the proposed South Bank Viaduct
Attachmenl1-20
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Attachment 1
The proposed text amendment adds the following language to policy #D.11 of Chapter III-D Willamette River Greenway,
River Corridors and Waterways Element:
"An exception to Statewide Planning Gaol 15 Willamette River Greenway was approved by the cities of Eugene and
Springfield and by Lane County authorizing construction of a bike path viaduct beneath the 1-5 bridges, along the south
bank of the Willomette River. The exception authorizes construction of the bike path viaduct including the fill and
removal of fill necessary to build the structure. This exception satisfies the criteria af Oregon Administrative Rules (OAR)
660-004-0022 (6) Willomette Greenway and the exceptian requirements of OAR 660-004.0020 Goal 2, Part II (c) for a
'reasons' exception. Pursuant to OAR 660-004-0015, is hereby adapted as an amendment to the Metro Plan text, Policy
D. 11, Chapter 11/, Section D."
Attachment 1-21
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Attachment 2
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