HomeMy WebLinkAboutNotice PLANNER 11/4/2009
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AFFIDAVIT OF SERVICE
STATE OF OREGON
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County of Lane.
I, Brenda Jones, being'first duly sworn, do hereby depose and say as follows:
1. I state that I am a Secretary for the Planning Division of the Development
Services Department, City of Springfield, Oregon.
2. I state that in my capacity as Secretary, I prepared and caused to be
mailed copies of Notice of Adoption to DLCD LRP2009-00005
Adoption Metro Plan Amendment Willamette Greenway for Viaduct.
(See attachment "A") on November 4, 2009 addressed to (see
Attachment "B"), by causing said letters to be placed in a U.S. mail box
with postage fully prepaid thereon.
Date Received:
Planner: MM
Ii I i I O{
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Brenda Jon s
Planning Admin' trative Specialist
STATE OF OREGON, County of Lane
-rJ (J)~ Lj- , 2009 Personally appeared the above named Brenda Jones,
Administrative Specialist, who acknowledged the foregoing instrument to be their
voluntary act. Before me:
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OFFICIAL SEAL
DEVETTE KELLY
NOTARY PUBLIC. OREGON
COMMISSION NO. 420351
MY COMMISSION EXPIRES AUG. 15.2011
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My Commission Expires: 8' //-s III
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DLCD
Notice of Adoption
THIS FORM MUST BE MAILED TO DLCD
WITHIN 5 WORKING DAYS AFTER THE FINAL DECISION
PER ORS 197.610, OAR CHAPTER 660 - DIVISION 18
. 0 In person 0 electronic 0 mailed
For OLeD Use Only
Jurisdictions: Cites of Eugene, Springfield and Lane County Local file number: LRP2009-00005
Date of Adoption: 10/12/2009 (Eugene) 10/19/2009 (Springfield) 10/28/2009 (Lane County)
Date Mailed: 11/412009 (e-mail) 11/4/2009 (hard copy).
Was a Notice of Proposed Amendment (Form 1) mailed to DLCD? Yes Date: 6/24/2009
X Comprehensive Plan Text Amendment 0 Comprehensive Plan Map Amendment
o Land Use Regulation Amendment 0 Zoning Map Amendment
o New Land Use Regulation 0 Other:
Summarize the adopted amendment. Do not use technical terms. Do not write "See Attached".
This is a text amendment to the Eugene-Springfield Metropolitan Area General Plan, Chapter 111-0 Willamette
Greenway Element, Policy 0.11. The amendment approves an exception to GoallS for the purpose of allowing the
construction of a bike/pedestrian viaduct underneath the Willamette I-S Bridge. The proposed viaduct may require
the placing of fill within the Willamette River Greenway setback, triggering the need for the exception. The adopted
text is attached as part of each adopted ordinance.
Does the Adoption differ from proposal? No.
Plan Map Changed from: N/A
Zone Map Changed from: N/A
to:
to:
Location: South hank of the WilIamette River at the 1-5 overcrossing in GIenwood.
Acres Involved:
Specify Density: Previous: N/A
Applicable statewide planning goals:
1 2 3 4 5 6 7 8 9 10 11 12
DDDDxDDDDDDx
Was an Exception Adopted? X YES 0 NO
Did DLCD receive a Notice of Proposed Amendment...
45-days prior to first evidentiary hearing?
If no, do the statewide planning goals apply?
If no, did Emergency Circumstances require immediate adoption?
New: N/A
13 14 15
DDx
16 17 18 19
DODD
X Yes
o Yes
o Yes
ONo
ONo
ONo
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OLeo file No.
Please list all affected State or Federal Agencies, Local Governments or Special Districts:
ODOT, City of Eugene, Lane County, Willamalane Park and Recreation District, City of Springfield
Zip: 97477
Phone: (541) 726-3775 Extension:
Fax Number: 541-726-3689
E-mail Address:mrmetzger@ci.springfield.or.us
Local Contact: Mark Metzger
Address: 225 Fifth Street
City: Springfield
ADOPTION SUBMITTAL REQUIREMENTS
This form must be mailed to DLCD within 5 workinl! days after the final decision
per ORS 197.610, OAR Chapter 660 - Division 18.
I. Send this Form and TWO Complete Copies (documents and maps) of the Adopted Amendment to:
ATTENTION: PLAN AMENDMENT SPECIALIST
DEPARTMENT OF LAND CONSERVATION AND DEVELOPMENT
635 CAPITOL STREET NE, SUITE 150
SALEM, OREGON 97301-2540
2.
Electronic Submittals: At least one hard copy must be sent by mail or in person, or by emailing
larry .french@state.or.us.
3.
Please Note: Adopted materials must be sent to DLCD not later than FIVE (5) working days
following the date of the final decision on the amendment.
4.
Submittal of this Notice of Adoption must include the text of the amendment plus adopted [mdings
and supplementary information.
5.
The deadline to appeal will not be extended if you submit this notice of adoption within five working
days of the final decision. Appeals to LUBA may be filed within twenty-one (21) days of the date, the
Notice of Adoption is sent to DLCD. 1
In addition to sending the Notice of Adoption to DLCD, you must notify persons who participated in e
local hearing and requested notice of the [mal decision.
6.
7.
Need More Copies? You can now access these forms online at http://www.lcd.state.or.us/. Please
print on 8-1/2xlll!reen paper only. You may also call the DLCD Office at (503) 373-0050; or Fax
your request to: (503) 378-5518; or Email yourrequesttolarry.french@state.or.us - Attention: Pia
Amendment Specialist.
Updated March 17,2009
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ORDINANCE NO. 6246
AN ORDINANCE AMENDING THE EUGENE-SPRINGFIELD METROPOLITAN AREA GENERAL PLAN TEXT,
CHAPTER III, SECTION D, POLICY # 11; ADOPTING AN EXCEPTION TO STATEWIDE PLANNING GOAl1S
WllLAMETTE RIVER GREENWAY; ADOPTING A SEVERABILITY CLAUSE; AND PROViDING AN EFFECTIVE
DATE.
WHEREAS, Policy #11 of Chapter III, Section D of the Eugene-Springfield Metropolitan Area General Plan
(Metro Plan) requires the taking of an exception to Statewide Goal 15 if a non-water-dependent
transportation facility requires placing fill within the Willamette Greenway; and
WHEREAS, on July 7,2009, the Springfield City Council adopted a resolution initiating a Metro Plan
amendment to add language to Policy #11 of Chapter III, Section D of the Plan establishing an exception
to Statewide Planning Goal 15 (Willamette Greenway) for the purpose of constructing a bicycle viaduct
underneath the 1-5 bridges on the South Bank of the Willamette River; and
WHEREAS, Chapter IV of the Eugene -Springfield Metropolitan Area General Pian (Metro Plan) sets forth
procedures for amendment of the Metro Plan, which for Springfield are implemented by provisions of
Section 5.14-100 ofthe Springfield Development Code; and
WHEREAS, following an September 1, 2009 joint public hearing with the Eugene and lane County
Planning Com'missions, the Springfield Planning Commission, on September 1,2009 recommended
Metro Plan amendments taking an exception to Statewide Planning Goal1S Willamette River Greenway,
to the Springfield City Council; and
WHEREAS: the City Council conducted a joint public hearing on this amendment on September 22,2009,
with the Eugene City Council and the lane County Board of Commissioners, and is now ready to take
action based on the above recommendations and evidence and testimony already in the record as well
as the evidence and testimony presented at the joint elected officials 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 the findings attached as Exhibit A, 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 Metro Plan Policy #11, Chapter III, Section D. is hereby amended by the addition of the-
following paragraph:
"An exception to Statewide Planning Goal 15 Willamette River Greenway was approved by the cities' of
Eugene and Springfield and by Lone County authorizing construction of 0 bike path viaduct beneath the I-
S bridges, along the south bonk of the Willamette River. The exception authorizes construction of the
bike path viaduct including the fill and removal of fill necessary to build the structure. - This 'e~~eption
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satisfies the criteria af Oregon Administrative Rules (OAR) 660-004-0022 (6) Willomette Greenway and
the exception requirements of OAR 660-004-0020 Goal 2, Part II (c) for 0 '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."
Section 2: The Metro Plan is hereby amended to include the findings of fact and conclusions supporting
a "reasons" exception to Statewide Planning Goal 15 and demonstrating compliance with OAR 660-004-
0015,660-004-0020 and 660-004-0022 (5) attached hereto as Exhibit A, and incorporated herein by this
reference.
Section 3: 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 separate, distinct and independent provision and such holding shall not affect the validity ofthe
remaining portions thereof.
Section 4: 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 passage
by the City Council and approval by the Mayor, or upon the date of acknowledgement as provided in
ORS 197.625, whichever date is later, provided that by that date the Eugene City Council and the Lane
County Board of Commissioners have adopted ordinances containing identical provisions to those
described in Sections 1 and 2 of this Ordinance.
October
Adopted by the Common Council of the City of Springfield this 19thJay of~ 2009 by
a vote of ~ in favor and.J:l::l.::..- against.
October
Approved by the Mayor of the City of Springfield this 19th day of:!>~ 2009.
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DATE: -B. I .2. cl } d'l
OFFICE OF r~TY :.HORNEY
Mayor
ATTEST:
City of Springfield. Oregon .
CERTIAED TRUE COPY
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City RecorderO
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ORDINANCE NO. 6246
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EXHIBIT A
South Bank Viaduct Metro Plan Amendment and 60al1S Exception
Staff Report
October 19, 2009
~pplicants: Springfield ,File No. LRP2009-0000s
Citx of Springfield (initiated the amendment) Eugene File No. MA 09,4
City of Eugene \ Lane County File No. PA09-s472
La'ne County
Request: Proced_ureType: ' ,
To amend the Eugene-Springfield .Metropolit~n Area Type I Metro Plan Amendment
General Plan (Metro Plan) text to include an '
exceptio'n to Statewide Planning Goal is to allow
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construction of a bicycle viaduct underneath the
Willamette River 1-5 Bridge.
Attachments:
Attachment 1: Metro Plan text amendment language.
Attachment 2: Diagrarr1'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 S
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 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 Refinement Plan and WillamalanePark 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 1-5
bridges. 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 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.
Attachment 1-3
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,The South Bank Viaduct has wide support from lo<:al jurisdictions and agencies, The following
jurisdictions, agencies and communities have expressed support the South Bank Viaduct:
. City' ofEugerie
. 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 ofthe 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 Viaquct 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 of an exception is required if a non-water-dependent transportation facility requires placing offill
within the Willamette 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 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 Willamette River in Eugene and Glenwoad. The exception
authorizes construction of the bike path viaduct including the fill and removal of fill necessary to build
Attachment 1-4
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the structure. This exception satisfies the criteria of Oregon Administrative Rules (OAR) 660-004-0022 (6)
Willamette Greenway and the exception requirements of OAR 660-004-0020 Gaol 2, Part /I Ie} far a
'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 /II, Section D.>>
ConClusion and Recommendation of Staff
. The proposed Metro Plan amendments and exception toStatewide 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 conforman'ce with the'
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criteria for Metro Plan arnendments fo'und in Chapter 5, Section 5.14-135(e) oftheSpringfield
Development Code. The same criteria for approving a Metro Plan amendment are found in Eugene.
'Code9.7730(3) 'm'd Section 12.225(2)'(a&b) ofthe Lane Code. Theproposed amendments are also .
consistent with the approval criteria for a Goal 15 exception'fou~d in Oregon Administrative R'ules (OAR)
660-004-0022 (6) Willamette Greenway and the exception requirements of OAR 660-004-0020 Goal 2,
Part II (c) for a 'reasons' exception, and pursuant 'to OAR 660-004'0015.
Based on the findings of staff with .respect to the criteria defined in Section 5.14-135(C) of the
Springfield Development Code and EugeneCode 9.7730(3) and Section 12.225(2) (a&b) 'ofthe Lane
Code for approving a Metro Plan amendment and applicable sections of OAR 660-004-0022 fo'r
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 ofthe 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
660-0'04-0022 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 #1. Section 5.14-115 ofthe Springfield Development Code (5De) and Eugene Code (Ee)
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 goal exception not
related to a UGB expansion. 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.
Attachment 1-5
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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 ~as 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 include~ 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) state~ that to become effective, "a site specific Metro
Plan Type I amendment that involves a UGBor Plan'Boundary change... or that involves a Goa,l
exception not related to a UGB expansion, shall be approved by all three governing bodies."
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Finding 115. A public hearing'was scheduled before the Joint Planning Commissions ofEugene,
Springfield and Lane County on September 1, 2009. . '
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Finding 116. A public hearing was scheduled before the Joint Elected Officials of Eugene, Springfield
and Lane County on September 22, 2009. ,
Finding II~. 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 118. Mailed notice of public hearings was sent out on August 7, 2009 to pro'perty owners and
resiqents 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 ofthe SDC and EC
9.7745 which directs compliance with the procedures at EC 9.7735(3).
Finding 119. Section 5.2-115 (B) of the SDC 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 1110. 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 SDC and EC
9.7735(3).
Finding 1111. While no formal notice process is required, the Notice of Proposed
Amendment packet that was sent to DLCD was also sent electronically to Jan Houck,
Water Recreation Coordinator with the Oregon Parks and Recreation Department on
July27,2009.
Finding 1112. 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 DLCD Notice of Proposed Amendment mentioned in
Finding 112.
Attachment 1-6
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Conclusion:
Procedural requirements described in Sections 5.2-115, 5.4-135 and 5.4-140 of the SDC and EC 9.7745
and EC 9.7735(3) have been followed. Notice requirements established by DLCD for amending the
Development Code have also been followed.' .
III. Decision Criteria and Findings
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. Section 5.14-135 C of the SDC 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 aqopt findings which denlOnstrate 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 goals
odopted by the Land Conservation and Development Commission."
Findings
Goal J - Citizen Involvement. Goal 1 calls for "the opportunity for citizens to be involved in all phases
of the planning process."
Finding #13. A public hearing was held before the Joint Planning Commissions of Eugene,
Springfield and Lane County on September 1, 2009.
Finding #14~ A public hearing was held before the Joint Elected Officials of Eugene,
Springfield and Lane County on September 22,2009.
Finding #15. 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
SDC 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 SDC and EC
9.7735(3).
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.
Attachment 1-7
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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 transportatio~ facility, within the greenway setback
withoutreceiving 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
, refere'nce, 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),
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Policy 0.2 , Land Wse regulation and acquisitioll rrograms along river corridors and'
waterways shall take into account all the cOilcen,s and needs ofttJe community, including
recreation, resource', and wildlife 'protection; enhancement of river corridor and waterWay
environments; Dotential fDr SUDDDrtinl! non-automobile transoortation: OPliort'unities for
residential deve.lopment; and other compatible uses. '
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Policy 0.3 ' Eugene, Springfield and Lane County shall continue to'coooeratein eXDandinl!
water-r~lated Darks and other facilities. where aooroDriate. that allow access to and '
eniovment of the river and waterwav corridors.
Policy 0.11 states in part that: The takinl! of an exceotion shall be required if a non-water
dependent transportation facility, requires placing of fill within the Willamette River Greenway
setback.
Finding #19. . TransPlan (2002) is Eugene-Springfield's local Transportation System Plan and is
a functional plan of the Metro Plan. Tran'sPlan 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 sDuth bank Df 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 #851.
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 ofthe 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 # 4.5 calls for the acquisition of
easements for a pedestrian and bicycle access to and along the Willamette River through the
Glenwood area.
Attachment 1-8
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Willamalane Park and
Recreation
Comprehensive Plan
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Map II 3--Existing,
Planned and Proposed
'Multi-Use Paths and
Bikeways ,
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~'"''''"' aiisting and' pj8n~ed~'o~si~e~i BicYcle SyS~r!l;
~ Existi'ng'and P'larmed.hff-Str~et Mu-Itiu~e path 3
,~~,-",~"-'Pro~~s'ed04<?n~S~ree~ Bi~y~l~ Sy;.~m . - ,
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. ' ,Planned proje~ts e.r~ ~m Tr'BnsPlan (July 2002t,e~d ~pringfield. ~;cy9l~ PJ~n.' (Juri~ 19~).
They lTleY_8lso be ,included in this' plan. ...., ", "_ _ -
2'TJle on-street b1cyde systcm'lndudes striped bike lanes end'signed bike,routes.
3 Off-street'multiuse' ths me be Included In or i1,Cie ndent of Ilneai' ems,' ,
Multiuse Path 1115 on
the map is the proposed
South Bank Trail.
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 off-street multiuse path,
60al3 - 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 1124. 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,
Attachment 1-9
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Goal 4 - 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 1125. 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 oflimitations 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 wa~ taken in 1982 when the comprehensive' plan was ackn'owledged. The
\ City of Eugene also.does not have forest zoning. Goal 4 does not apply within urban growth
boundaries and, therefore, does not apply to the subject property which is within the Eugene-
Springfield urban growth boundary (OAR 660-006-0020).
GoalS - Open Spaces, Scenic and Historic Areas, and Natural Resources.. Goal 5 cove.rs more than a
dozen natural arid 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 660-023-0250) is applicable to this post-
acknowledgement plan amendment (PAPA) request:
"(3) Local governments are not required to apply GoalS in consideration of a PAPA unless
the PAPA affects a GoalS resource. For purposes of this section, a PAPA would affect a GoalS
resowce 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 acknl?,wledged 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:
Attachment 1-10
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"Goal S 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 Codee 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 #30. Section 4.3-117 (E) ofthe Springfield Development Code describes permitted
uses within the setback area for locally significant riparian resourCe ~ites. 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 protecti~e
'setback along that portion of the Willamette River within Springfield's planning jurisdiction.
Finding #31. In Eugene, the subject project area also incluqes Eugene-adopted Goal 5 '
ripari'an 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 Goal S. The Willamette River
has a 100-foot setback according to these provisions. Construction of public 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. '
Findi~g #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 ofthe facility might have on the River
consistent with OAR 660-023-0250(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.
Goa16 - Air, Water and Land Resources 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
Attachment 1-11
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Springfield's Goal 5 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 increasingthe 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 #34 or amend the metropolitan '
area's air, water quality or land resource'policies. The design and construction ofthe,proposed
bicycle viaduct will be reviewed and monitored by local, state, and federal agencies with
authority to evaluate and regulate th~ environrnental impacts of the project on the Willamette ,
River. '
Finding #36.' 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 Viadu'ct.
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 arid
use of the facility might have on' water quality in the River.
Finding #37. 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 #38. All sites within Springfield and Eugene that are subject to these hazards
(floodplain, erosion, landslides, earthquakes, weak foundation soils) are inventoried through a
variety of sources. The proposed 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 41039C166F 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 9.6705 through 9.6709. While development within ODOT right-of-way would
need to meet these standards the City does not review nar issue permits in ODOT right-af-way.
Attachment 1-12
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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 aspart 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 cqmmunity.
Finding #41. In February 2009, OOOT prepared and sub~itted a Hydraulic arid 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 1,5 ,
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 Willamette River as the 1-5 Replacemen't 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.
Gaol 8 - 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. Wi llama lane Park and Recreation District is the entity responsible for park
planning, development and maintenance in the subject park areas within Springfield. In 2004,
Wi llama lane 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) Uurisdiction: Springfield). The viaduct would then
connect with the existing bike path on the Eugene side of loS, shown as an existing off-street
bike facility on the TransPlan Financially-Constrained Bikeway System Projects map.
Goal 9 - Economic Development. Goal 9 calls for diversification and improvement of the economy. It
asks communities to inventory commercial and industrial lands, project future needs for such lands,
and plan and zone enough land to meet those needs.
Finding #46. The proposed Metro Plan text amendment does not reduce the inventory of
commercial and industrial lands.
Attachment 1-13
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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 BankViaduct 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.
'. . . .
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. . .
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Finding #49: . The proposed Metro Plan text amendment and Goal exception will not reduce
available hollsing capadty and will not impact needed housing. As such this goal is not
applicable to the evaluatiori 0 f this proposal.
Gaal11-: Public Facilities and Services. Goal 11 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, iricluding
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.
Future
Bikeway Projects
Eugene-Springfield Metro Area.
Legend
'o/'f-strewwllhoull'OlldprojectlFLI\l.n
,"orr.Slreetf"""hroodprojec~ull,lr'l
Attachment 1-14
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Finding #52. 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 $1,800,000
. (Jurisdicti~n: 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 #53. . TransPlan's TSI Bicycle Policy # 3 (Chapter 2, pg. 33) requires "bikewaysto
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. TransPlari's TSI Bikeway Policy #4 a.ssigns priority to the finding of "Priority
. Bikew'ay Miles." These are defined as stand-alone bike projects listed in TrimsPlan that are n'ot
associated with roadway projects. As mentioned above, the proposed South Bank Viaduct is
part of project #851 South Bank Tra.il (A) which is a stand-alone project that is not associated
with a roadway.
Finding #55. 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 #56. 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.
Goo/13 - Energy Conservotion. 60al13 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."
Attachmenl1-15
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Finding #S8. Approval cif 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 applica'ble to the
'evaluation ofthis proposal. '
Goa/14 - Urbcmization. This goal requires cities to estimate future growth and needs for land and
then plan and zone enough land to meet those needs.
Finding #S9. The proposed Metro Plan text amendment and Goal exce'ption affect an area
, within the existing UGB; as such this goal is not applicable to the ,evaluation of this proposal..
, . . . - .' , . .
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Goa/15'- Willamette Riller Greenway. Goal IS sets forth procedures for administering the 300 miles,
of greenway that protects the Willamette'River. ,
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 shali be required if a
, non-water de'pendent 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.
Finding #63. In 2003 and 2008, exceptions to Statewide Planning Goal 15 were taken and
Policy 0.11 of Chapter III ofthe 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 #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.
Attachment 1-16
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Finding #65. Chapter III-D of the Metro Plan specifically addresses issues related to the
Willamette Greenway. The.following policies found in Chapter III-D are applicable to this
proposal and are cited below (emphasis added), and further addressed below under Criterion
#2, consistency with the Metro Plan. Policy D.ll, 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 D.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, a~d wildlife protection; enhancement of river corridor and waterway
environments; Dotential for sUDDortinl! non-automobile transDortation; opportunities for
residential development; and other compatible uses. ,
Policy D.3 Eugene, Springfield and Lane County shall continue to cooDerate in ~xDandinl!' '
water-rehited Darks and other facilities. where 3DDroDriate. that allow access to and
eniovment of the river and waterwav corridors.
Policy D.11 The taking of an exceptio~ 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 of Transportation (ODOT) 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 ofthe 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 D.11, Chapter III, Section D
Goals 16 through 19 - Estuarine Resources, Coastal Shorelonds, Beaches ond Dunes, ond Ocean
Resources.
Finding #66. 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.
Attachment 1-17
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Criterion #2. "Adoption of the amendment must not make the Metro Plan internally
inconsistent. "
Findings
Finding #67. Chapter lil-D of the Metro Plan specifically addresses issues related to the
Willamette Greenway. Thefollowing policies found in Chapter HI-D are cited below (emphasis
added).
" " "
Policy D.2 " land Use regulation and acquisition programs along river corridors and
waterways shall take into account all the concerns and needs of thecommun,ty, including
recreation, resource, and wildlife protection; enhancement 9f river corridor and waterway
" environments; Dotential for supportin2 non-automobile transportation: opportunities for
"resid~ntial development; and other compatible uses. "
" "
"" "
. '.:, -' ....
" "
Policy D.3 Eugene, Springfield and lane County shall continue to cooperate in expandin2
water-related parks and other facilities. where appropriate. that allow access to and
eniovment of the river and waterwav corridors.
Policy D: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 is Willamette'River Greenway was approved for
Oregon Department of Transportation (ODOT) tor "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-ot-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 ofthe 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 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 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 D.11, Chapter III, Section D.
Finding #68. 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.
Finding #69. In 2003 and 2008, exceptions to Statewide Planning Goa/ 15 were taken and
Policy D.11 of Chapter III of the Metro Plan was amended to allow construction and related
Attachment 1-18
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activities for the Willamette River 1-5 Detour and Replacement Bridges, respectively. Those.
exceptions to Goal 15 were approved in advance qf any construction designs.
Finding #70. The exceptions taken in 2003 and 2008 (articulated in Chapterill, Policy 0.11)
did not foresee or include the proposed South. Bank Viaduct. .' .
Finding #71. . 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 #72. TransPlan contains project lists and maps s~owing needed transportation
facilities in the Metropolitan area. The Future Bikeway Project Map shows an off-street bike
facility running ~Iong the south bank of the Willamette River underneath the 1-5 Bridge: This
bikeway is identifi~d 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.
Finding #73. 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 #74. 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 Willamette 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 Willamette River through the
Glenwood area.
Finding #75. The Willamalane Park and Recreation Comprehensive Plan is a refine;"ent plan
of the Metro Plan. Map #3 (page 28) of the Comprehensive Plan shows existing, planned and
proposed multiuse paths and bike ways. Map #3 shows the South Bank Trail running along the
Willamette Riverthrough Glenwood as an off-street multiuse path.
Finding #76. 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,
Finding #77. 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,
Attachment 1-19
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Conclusion
The proposed Metro Plan text amendment and Goal 15 exception would not make the Metro Plan
internallyinconsistent. The Metro Plan and its related refinement plans are specific in their planning for
the South Bimk 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 barrierbeneat"h the
bridge that prevents such connectivity.
"IV. Compliance with Applic~ble Administrative Rules of Chapter 660, Division 004-lnterpretation of .
Goal 2 Exception Process
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"Statewide"Plan~ing 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 interpretsthe exception process as it applies to statewide
Goals 3 to 19. "
(a) GoalS "Natural Resources";
(b) Goal 6 "Air, Water, and Land Resources Quality";
(c) Goal 7 "Natural Disasters and Hazards";
(d) Goal 8 "Recreational Needs";
(e) Goal 9 "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 Rural Land";
(h) Goal 13 "Energy Conservation";"
iii Goal 15 "Willamette Greenwav" exceot as orovided for in OAR 660-004-0022161: and
Ul Goal 19 "Ocean Resources."
Attachment 1-20
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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 a'nd 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), and660-004-0022. The reasons and facts shall be supported by substantial evidence
that the standard has been met."
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Finding #78. This proposal amends the Metro Plan teXt and takes an exception to allow the'
. construction of the South 8ank Viaduct beneath the Willamette River I-S Bridges. Approval of
.the pr.oposal 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 ame~dri1entand goal
exception.
Finding #79. Findings #81 through #93address the "reasons" that are specific to a goal
exception for Statewide Planning Goa11S. 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
lI(c)
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) Willamette Greenway: Within an urban area designated on the approved Willamette
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:
(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;
(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
(d) The use is consistent with the legislative findings and policy in ORS 390.314 and the
Willamette Greenway Plan approved by lCDC under ORS 390.322."
Attachment 1-21
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"Reasons" Analysis for Statewide Planning Goal 15 Exception
The fo'lIowing 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).
"la) The use will not have a s.ignificant 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 Willamette River Greenway are stated in OAR 660-015-' ..
0005: "To protect, conserve, enhonce oncI mointain the natural, scenic, historical, agriculturaJ; economic
oncI recreational.qualities of Ian cIs oiong the WillametteRiwir as the Willo';'ette River Greenway.~ This
purpose is reflected in Chapter III Section 0 of the Metro Plan, the local comprehensive plan element'
that describes how the Willamette Greenway will b~ 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; Dotential for SUDDort;n!! 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 eXDand;n!! water-related Darks and other facilities. where aDDroDriate. that allow
access to and eniovment of the river and waterwav 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.
,
. West end of the South Bank Viaduct
Attachment 1-22
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East end of the South Bank Viaduct
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.
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.
Attachment 1-23
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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 Willamiilane Parksand Recreation Comprehensive Plan).
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"(bl The use will not significantly reduce the sites available for water-dependent or water-related uses
. within the jurisdiction;" .
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Finding #87.. .. The topography of the riverbank prohibits most water-dependent and water
related uses. All of the land occupied by the viaduct is publically owned and is not proposed for.
INater-related or water-dependentdeveloPrnent in any adopted land use documents. . This
. .project will n.ot significantly reduce thesites available for water-dependent, water related-uses.
The proposed viaduct structur.e 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.
"(d) The use is consistent with the Legislative findings and policy in ORS 390.314 and the Willamette
Greenway Plan approved by LCDC under DRS 390.322."
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:
(a) Recognizing the need for coordinated olanninE for such Ereenwav. finds it
necessary to orovide for develooment and imolementation of a olan for su.:h Ereenwav
throuEh the coooerative efforts of the state and units of local Eovernment.
(b) Recognizing the need of the people of this state for existing resid'~ntial, commercial
and agricultural use of lands along the WillametteRiver, finds it necessary to permit the
continuation of existing uses of lands that are included within such greenwal'; 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 oossible deEree. como"tible with the
Attachment 1-24
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preservation of the natural. scenic. historical and recreational Qualities of such lands,
(c) Recognizing that the use of lands for farm use is compatible with the purposes of the
WiJlamette River Greenway, finds that the use of lands for farm use shouid be continued within
the greenway without restriction.
(d) Recognizing the need for central coordination of such green way 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 of such Rreenwav in the State Parks and
Recreation DeD3rtment.
(e) Recognizing the lack of need for the acquisition of fee title to all. lands along the
WiJlamette 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 ~1]"
" 390.322 Submission of plan to Land Conservatio,n 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 Deoartment shall submit
such plan or seRment to the Land Conservation and Development Commissio'n. The
commission shall investigate and review such' plan or segm'ent 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 plan 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 Willarriette 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 forthe Willamette River
Greenway from time to time, [1973 c.558 ~4J"
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.
Finding #90. Amendment of the Metro Plan requires notice to be filed with the Oregon
Department of Land Conservation (DLCO) aswell as affected local and state agencies. A Notice
of Proposed Amendment concerning this proposal was filed with OLCO On June 30, 2009.
Finding #91. While no formal notice process is required, the Notice of Proposed Amendment
packet that was sent to OLCO was sent electronically to Jan Houck, Water Recreation
Coordinator with the Oregon Parks and Recreation Department on July 27, 2009.
Attachment 1-25
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Finding #92. 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
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materials filed with DLCD Notice of Proposed Amendment mentioned in Finding #91.
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 Willa";ette
River 1-5 Bridges, to be consistent with these criteria and recommend approval of the amendment.
VI. Attachments
Attachment i: Metro Plan text amendment language,
Attachment 2: Diagram showing the approximate location of the proposed South Bank Viaduct '
Attachment 1-26
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. Attachment 1
The proposed text amendment adds the following language to policy #0.11 of Chapter 111-0 Willamette
River Greenway, River Corridors and Waterways Eleme~t:
"An exception to Statewide Planning Goal 15' Willamette River Greenway was approved by the cities af
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Eugene and Springfield and by Lane County authorizing construction of a bike path viaduct beneath .the 1-
S.bridges, along the south bank of the Wil/ainette River. The 'exception authorizes construction of the
. bike path viaduct including the fill and removal offill necess.ary to build the structure. Thisexception
satisfies the criteria of Oregon Administrative Rules (OAR) 660-004-0022 (6) Willamette Greenway and
the exception requirements of OAR 660-004-0020 Goal 2, Part If (c) for a ;reasons' exception. Pursuant
to OAR 660-004"0015, is hereby adopted os an amendment to the Metro Plan text, PolicyD. 11, Chapter
. 11/, SectionD.'" ." . .
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Attachment 1-27
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Attachment 1-28
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ORDINANC-I' NO. 2Q4:J8
AN OMINANCE AMENDING tHE,EtJGENE-cSPIUNGFIELD
METROPOLITAN AREA GENERALnAN :rE:x:T,qI~prER III,
SEctf()N,D, for-leY # n;l~J)()PTING AN' EXCEPTION TO
S'fATEWlDE PLANNING GOAL l~ WILLAME1;(fE ;RlV,Jj;R
G~ENWAY; ADOPTING A,SEYERABlLIl'Y CLAUSE; AND
PROVIDING'AN'EFFECTlVE DATE.
THE cttyOF EUGENE Pm1$ORDAIN AS FOLLOWS:
A., ['oHcy #i (ofChaptet:nt, SectiOIl!)of lhe Eugene-Sp'rlngfi~ld Metropoiitart Area
General PIah(Metro Plilri) requires the taking of an, exception to Staiewide' Goal 15 ,if a non,
water-d~pep:dem tral1sportltiQJ:l iaciljtr wqui;-esplacipg, fijj~iihinthe WillilJI!e#,e GreenWay,
R ,On June 26,2009,Sptirigfleld initiated a Metro Plan~endmenLconta1ning
hlllgUage estabiismngarrexceptiont6 Statewide PlannIng; Goal ,15 (Willainette, Greenway) for
the'1iurpose o(COnsthictihg a picycle viad1,lcf.undeTI!eathth~ l-S'bridges onrhe'Soilth Bank of the
'W'i!Xlj111e!te River: "
C. ,Chapter tv Qfthe Eugene -SprihWleld Metr6politliil Area'General'Pllui, (Metro
Plart).se1S!fertlf pr6cedtiti::{for arneridroenr oftheMe,lfoP!art, wiiichforEugerie ace lmpitlmerited
byEG 9.7700 WOll~h9:775(). .
D. ", ,FoiloWinga'$epteriibeb 1,2009 joiftt puhiichearing with the Spfingfieidaild Larte
CcitiIlt)', RlaritHhgCoromissions, the Eugene Planning Qonin1ission,6h, Septernbep I, 2009
feCOInmetided Metto Plan arnendmelltsta\<ing,Mexcemipn' to Statewi,dePlal1n(l1g Goal. IS
Will1unetieRiverGreell~a~;,to the E\lgel1eqtyCoun~\l. ., ,
~, 1}1e,.9ity Councilconduded Ii joint public hearing on this ,arnenclmenton
September 22. 2009,Witil the Spnngfield City C6iliiCil .arid'ilie Larte COUhtYBoatd ,of
Colnmlsiionefs.,lilicf:is noW read~ iei 'tllkeactio"it ba$^ed (i1ithe above reccimme!fclations. and'
evidence arid testimonyakeady in the'recordaJ1 'W1L1!S the.evtden~"aIl(l testimony.prei>,emed..1lt
thC:jplnt~teQi:ecl offic.ials'pl!b,li~ h.eaD!1g, "
F. Substafltial evidence existSWithm tlierecotd demoitStiatihg' that the 'proposal
meetstM teqliftefuert1Scfthe MetrQ- Plart, , Eugene 004e aIld. applicablesiate I1iid local (a~.'~
d(:$Ql'iJ?ei! Jntbfl DI1Pipgs 'att2,~b~cj,. 'lIS EXhi\Jit ,A,;'lIAci which~eac!opied It!' sUPPort. of tIlis
Or.dinal1Ce.
Qtctjnlirice-R8.g'el ()f2. '
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Nt",,; THEREFORE.
TlIE.'~I'ry Q)1' ~(JGl;N,Ji:D.OlD$ Q@AlNA$. )1'Q~_LQW~:'
Section 1'. The M~tI:<lRlaf1 Policy -#li\ chapter]I!. Section b. is hereby amended by the,
a,~dili9nottlief611Q\:Yiligpar<lgraph: . . . .
"An exception 10 StatewidePlanJli"gGodl, 15'WillarnelteRiver Greenway was approved by the
Cities,ojEugeheandSptiiigfieidahct by ione C6uht;iaufhoriziiigixiiiSffiiCiii/n. ofiibiice path
viad~ct b'eneaih .the. i-5.,br:idges,: .alorig-' the. south:baijJ{,bfthe Willailielte RiVer. The .exception
authprizes cons/ructib",o!tM bik.e.p(jtb'viaduct inclu4ing.thtiJi,1l.qndremolirilojfill1lf!cessaf)l to'
bujl4 the structure, 'f71is exception~atiShs the. c.rife,riq of Oreggn A.dn1in~ir(1t!ve Rl!le~ .(01-R)
6WQ04-()022 (6) Willqmetfii Greef}wayqlUj t~exceptio.n requir(imel'1ts olQAfi 660-004;0020'
Goal i Part II (c) for a :reasons' exceptiOhf'urslidlilto OAR 660h004.-0015,~hisexceptr(Jn:is
herebjl'ddojJtediiS,aflamehdmenl fO.lhe,Mefi;dl'laillext, 1'olicyDl 11,ChiijJterlll; seCtion. D..';
Section 2, ;TIle .Me4'() I'J~ i~/:lerc.:by amendediQ igcJqde tl1efiIl4il1g~ 0.( facta!).!l,
conclusions SUPPOl1ir1g ~ "reasons~' exception to.statewidePlanningGoal15 and' demonstrating;
conipli'ance' With, OAR660~o64"0015, 660_.004-0020 wuj'66o-004-oon (5) attachedheteto as
EXhibil,A1and\I;lcorporated.herein by ipis referenc~.
Section, 3, 'If!l]lY section,subseCtion,' sentence, clause, phrase or- portion of ,this
'Ofdiilancejsfor any f€asoi:lhefd irivalid.br iuicOnSthutiiinalbyacotirt of competent jurisdiction;,
Slichpomon shall b~ deemed separate, aistiiict'ahdmd~jJeriaeiit proviSion aild such holdiilg shaiI
notaffed rhe va!idi\}' ofJberema,inip11'BQrtiops thereof: .
Section, 4. Notwithstiilidlng tl1e.effective.date of otdirianeesas provided in :the Eugene
Charter of2002, thisOrdiilance shaH hecbfueeffectiye '30; days fibril ,ilie, date of-paSsage by the
City'CoilnCiland,appr6Val by the.Mayor, orup'on,'thed~teofacknowledgei:ne!lt aSprdvicied in
OR,$ .19'(625, whichever :date js laier,pmVigedtl}atljy,ti}at Pille the SpringfjeJd qly, 'Ccll!l1"il,lIJ1g
tI1e [,ane 'C01lJ}tyBo.ardof <:;ommissi.oller$ ba,veadop1ed or<iinaJ)ces containi]1g: ide!ltical.
provisiopst()1hQ~e'clesc;rib~'j11 Sections 1 lIDg2.()[!hisOi-dinance. .
I.'as~e~ by ~he City Council this,
Approved by the Mayor this
p,ti ~,ay:of October; 2009
I? day of October, 2009
r~ a1,U,Xlll:J
A tiilgC!ty Recgrd"t-
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South Bank Viaduct Metro Plan Amendment and Goal 15 Exception
Exhibit A to Adopting Ordinance
and Staff Report
September 22, 2009
A~~licants: local File No.s:
City of Springfield (initiated the amendment) Springfield File No. LRP2009-00005
City of Eugene Eugene File No. MA 09-4
La ne County Lane County File No. PA09-5472
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 of the Willamette River must cross to the north side of the rive~ 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 Transportatjon 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 1-5
bridges. 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 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.
Attachment 2-1
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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
Age ncy
. 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 n'iateriais 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
Willamett~ 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 of an exception is required if a non-water,dependent transportation facility requires placing offill
within the Wi/lamette 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 #D.11 of Chapter IU-D Willamette
River Greenway, River Corridors and Waterways Element:
"An exception to Statewide Planning Goal 15 Wi/lamette 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 Wi/lamette River in Eugene and G/~nwood. The exception
authorizes construction of the bike path viaduct including the fill and removal of fill necessary to build
Attachment 2-2
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the structure, This exception satisfies the criteria of Oregon Administrative Rules (OAR) 660-004-0022 (6)
. VV]lIamette 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..
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 Planamendments found in Chapter S, Section 5.14-135(C) of the 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 (c) for a 'reasons' exception, and pursuantto OAR 660-004-0015.
Based on the findings of staff with respect to the criteria defined in Section 5.14-135(Ci 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.Pian and exception to Statewide Plannihg 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 refiected 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 ofthe 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) sfnce 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 #1. Section 5.14-115 of the Springfield Development Code (SDe) and Eugene Code (Ee)
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 goal exception not
related to a UGB expansion. 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.
Attachment 1-3
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Finding #2. 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 Ma'nagers for each of the jurisdictions was included with the Notice.
Finding #3. The Springfield City Council approved a motion on July 6, 2009, affirming the action
of the Springfield Planning Manager to initiating the amendment.
Finding #4. 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 #5. A public hearing was scheduled before the Joint Planning Commissions of Eugene,
Springfield and Lane County on September 1, 2009.
Finding #6. At the September 1, 2009 Joint Planning Commission hearing, each Commission
voted to send their governing body a recommendation thatthe proposed text amendment be
approved.
Finding #7. A public hearing was scheduled before the Joint Elected Officials of Eugene,
Springfield and Lane County on September 22, 2009.
Finding #8. 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 #9. 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). .
Finding #10. Section 5.2-115 (B) of the SDC 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 #11. . 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 SDC and EC 9.7735(3).
Finding #12. While no formal notice process is required, the Notice of Proposed
Amendment packet that was sent to DLCD was also sent electronically to Jan Houck,
Water Recreation Coordinator with the Oregon Parks and Recreation Department on
July 27,2009.
Attachment 1-4
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Finding #13. Natice .of this project was alsa sent ta Savannah Crawfard, Planner far Regian 2
(Springfield) afthe Oregan Department afTranspartatian an July 27, 2009. The natice was
camprised .of the materials filed with DLCD Natice .of Prapased Amendment mentianed in
Finding #2.
Conclusion:
Pracedural requirements described in Sectians 5.2-115, 5.4-135 and 5.4-140 afthe SDC and EC 9.7745
and EC 9.7735(3) have been fallawed. Natice requirements established by DLCD for amending the
Develapment Code have alsa been fallawed.
III. Decision Criteria and Findings
5ectian 5.14-135 C .of the SDC and EC 9.7730(3) describes the criteria ta be used in appraving an
amendment ta the Metra Plan. It states that in reaching a decisian, the Planning Cammissians and the
City Cauncils and Caunty Cammissianers must adapt findings which demanstrate that the prapasal
meets certain appraval criteria. These criteria and findings are shawn belaw.
Criterion #1 '7he amendment must be consistent with the relevant statewide planning goals,
adopted by the Land Conservation and Development Cammission."
Findings
Goal 1- Citizen Involvement. Gaall calls far "the appartunity far citizens ta be Invalved in all phases
.of the planning pracess."
Finding #14. A public hearing was scheduled befare the Joint Planning Cammissians .of Eugene,
Springfield and Lane Caunty an September 1, 2009.
Finding #15. A public hearing was scheduled befare the Jaint Elected Officials .of Eugene,
Springfield and Lane Caunty an September 22, 2009.
Finding #16. 'Mailed natice .of public hearings was sent aut an August 7, 2009 ta praperty.owners
and residents within 300 feet .of the prapased bicycie viaduct. The mailing allawed mare
than20 days natice befare the first public hearing as required by Sectian 5.2-115 A .of the 5DC
, and EC 9.7735(3).
Finding #17. N.otice .of the public hearings cancerning this matter was published an August 10,
2009 in the Register Guard, advertising bath the hearing befare the Jaint Planning Cammissians
an September 1, 2009, and the Jaint Elected Officials an September 22, 2009. The cantent .of
the natice fallawed the directian given in Sectian 5.2-115 B afthe SDC and EC 9.7735(3).
Gaal2 - Land Use Planning. Gaal 2 .outlines the basic pracedures .of Oregan's statewide planning
pragram. It says that land use decisians are ta be made in accardance with a camprehensive plan, and
that suitable "Implementatlan .ordinances" ta put the plan's palicies inta effect must be adapted.
Finding #18. Part I .of Gaal 2 requires that actians related ta land use be cansistent with
acknawledged camprehensive plans .of cities and caunties. The Eugene-Springfield Metrapalitan
Attachment ,1-5
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Area General Plan (Metro Plan) is the acknowledged 'comprehensive plan that guides land use,
planning in Springfield, Eugene and Lane County.
Finding #19. 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 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;
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 eXDandim!
water-related Darks and other facilities, where aDDroDriate. that allow access to and
eniovment of the river and waterwav corridors.
Policy 0.11 states in part that: The takine of an exceDtion shall be required if a non-water
dependent transportation facility requires placing of fill within the Willamette River Greenway
setback,
Finding #20. 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-Springfl~ld Metropolitan Area.
Finding #21. 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 theWillamette River underneath the 1-5 Bridge. This bikeway is
identified as project #851 South BankTrail (A) with an estimated cost of $1,800,000
(Jurisdiction: Springfield). The viaduct would then connect with the existing bike path on the
Eugene side of 1-5, shown as an existing off-street bike facility on the TransPlan Financially-
Constrained Bikeway System Projects map. The proposed viaduct and path facilities would
implement a portion of project #851.
Finding #22. Central LaneMPO Regional Transportation Plan lists the Glenwood Riverfront Park
Path (Project 851) as a financially constrained proje'ct. It is classified as a multiuse path without
, road project.
Finding #23. The Glenwood Refinement Plan (1999) is.a refinemeni plan of the Metro Plan. It
contains a map of proposed bicycle routes (pg. 53) that shows the South Bank Trail as an off-
street path following the Willamette River, connecting the Eugene path system to the'
Springfield Bridges. Glenwood Refinement Plan Policy # 4.5 calls for the acquisition of
Attachment 1-6
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easements for a pedestrian and bicycle access to and along the Willamette River through the
Glenwood area.
t.'~:~~~~~~~~~~~:j~.~:.-h,~.~;~+~riiSJ.~1~.:'!~t~~~..~y~.:.~~~~~i<i-~:~{'-;,,", .~~~' ...-
.,,::^~is~~garid'1?lann.d .of!,str~et~uIJiuse Path}"" YX'~l.f.~~f:,f{~t
:;,.~;i;~~~t~~;~G{~[~,~~~~~~~~tD":,~i;\~i:t:.. ;......", .;.},:j:,. <';.
~1'f?!~nea: Proj~~_s.afe}f#~' transpi~rYlu,tY' 2002) .~~I~~~pril'91ieid.BJCYcJ~..R!~/(JUne\~99~)~:
i~l\~y;rll~Y el.~o..~_e,:m~~u~~: i~ .thi~;:~.Ill'~::'~;~: >,<~~-': ~:_y~~;{,<~',' '; : ":., ':'::'."::i':,A:ir~:~-,;i:1;.:'- ".:< :;~:::';'
:'~:1':he:,ofl~s~etbICYCle,system',lndl,ldes ,slr1ped,blke';I~nes_ et1d,slgned b.l~e!rou.tes:.:. "'.- ,>~>'.i
~$..Qti~stre'et muIUu'se::n. allis,'me' ~beJnClude~ Inor trlde~ enderit.of linear '8i1(S}!-\~": ':j ~~:;
Willamalane Park and
Recreation
Comprehensive Plan
Map # 3-Existing,
Planned and Proposed
'Multi-Use Paths and
Bikeways
Excerpt from Map #3
Multiuse Path #15 on
the map is the proposed
South Bank Trail.
Finding #24. The Willamalane Park and Recreation Comprehensive Plan is a refinement plan of
the Metro Plan. Map #3 (page 28) of the Comprehensive Plan shows existing, planned and
proposed multiuse paths and bike ways. Map #3 shows the South 8ank Trail running along the
Willamette River through Glenwood as an off-street multiuse path.
Goal 3 - 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 #25. This goal does not apply within adopted, acknowledged urban growth boundaries.
The City of Springfield does not have any agricultural zo'ning 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.
I
All land in the City's urban transition area carries City zoning. An exception to this goal was
ta'ken in 1982 when the regional comprehensive plan was acknowledged. The City of Eugene
does have agricultural zoning districts, however as stated, Goal 3 excludes lands inside an
acknowledged urban growth boundary from the definition of agricultural lands and the project
. is within the urban growth boundary.
Attachment 1-7
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Gool4 - Forest Land. This goal defines forest lands and requires counties to inventory them and
adopt policies and o'rdinances that will "conserve forest lands for forest uses."
Finding #26. 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 exceptionto this goal was
taken in 1982 when the comprehensive plan was acknowledged. The City of Eugene also does
. not have forest zoning. Goal 4 does not apply within urban growth boundaries and, therefore,
. does not apply to the subject property which is within the Eugene-Springfield urban growth
boundary (OAR 660-006-0020).
GoalS - Open Spaces, Scenic and Historic Areas, and Natural Resources. Goal 5 covers more 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 #27. The following administrative rule (OAR 660-023-0250) 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 5 resource. For purposes of this section, a PAPA would affect a Goal 5
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 Goal S resource or to address specific
requirements of Goal 5;
(b) The PAPA allows new uses that could be conflicting uses with a particular significant Goal
5 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 #28. Regarding subsection (b), the Springfield Inventory of Natural Resource Sites (Goal S
Inventory) was adopted on May 3, 2004. In adopting the Goal 5 Inventory, the City Council
chose to applY the "standard process" provisions of ORS 660-23-110 to the protection of
riparian corridors.
Finding #29. 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" o'n the Inventory.
Finding #30. Site WA/WB is assigned the following protection under Springfield's GoalS program
for protecting riparian sites:
Attachmentj1-B
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"Goal 5 Recommendation: Limit conflicting uses and employ low impact development practices
when developing within lSO feet of the resource site. The Willamette River (WA/WB) is a water
quality limited watercourse and is protected by a 7S-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 #31. 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, boardwaiks, 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 #32, In Eugene; the subject project area also includes Eugene-adopted Goal S 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 Willamette River has a 10o-foot
setback according to these provisions. Construction of public improvements, such as the
viaduct, which include work within the setback and riparian resource site are'as must comply
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 #33. 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
, 660-023-02S0(3)(b).
Finding #34. 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.
Goo/6 - Air, Water and Land Resources Quality. This goal requires local comprehensive plans and
implementing measuresto be consistent with state and federal regulations,on matters such as
groundwater pollution.
Finding #35. The City of Springfield has revised its Development Code to respond to National
Pollutant Discharge Elimination System (NPDES) Phase II, the Ciean 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 4.3-11S (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 Goal S program for natural resource protection. Similarly, the portion within
Attachment 1-9
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Eugene will be subject to. staff review and the develapment standards beginning at EC 9.4900
(/WR Water Resaurces Canservatian Overlay Zane) including review far erasian, vegetatian
impacts, replanting,. and starmwater. With regard to. air quality and naise, the viaduct shauld
have a pasitive effect an air quality and naise by increasing the aptians far alternative mades af
transpartatian.
Finding #36. The prapased text amendment and Gaal exceptian will nat alter the enviranmental
pratectian standards palicies cited in Finding #34 ar amend the metrapalitan area's air, water
quality ar land resaurce palicies. The design and canstructian af the prapased bicycle viaduct
will be reviewed and.manitared by lacal, state, and federal agencies with autharity to. evaluate
and regulate the enviranmental impacts af the project an the Willamette River.
Finding #37. Approval af the Metra Plan amendment allaws far the cansideratian af fill within the
Willamette River Greenway far the purpase af canstructing the Sauth Bank Viaduct. Approvalaf
the amendment daes nat negate the autharity af agencies to. aversee the design and
canstructian af the viaduct to. avaid, minimize ar mitigate impacts that the canstructian and use
af the facility might have an water quality in the River.
Finding #38. The viaduct praject will require a Jaint Applicatian Farm seeking permissian fram the
U.S. Army Carps af Engineers and the Oregan Department af State Lands to. canduct
canstructian activities that may impact wetland and riparian resaurces in the praject area.
These agencies will add canditians far appraval as required to. address their cancerns if any
regarding wetland and riparian protectian.
Goal 7 - Areas Subject to Natural Disasters and Hazards. Gaal 7 deals with develapment in places
subject to. natural hazards such as f1aads ar landslides. It requires that jurisdictians apply "apprapriate
safeguards" (f1aadplain zaning, far example) when planning for develapment there.
Finding #39. All sites within Springfield and Eugene that are subject to. these hazards (f1aadplain,
erasian, landslides, earthquakes, weak faundatian sails) are inventaried through a variety af
saurces. The prapased Metra Plan text amendment and Gaal exceptian daes nat remove ar
exempt campliance with Cade standards that may apply to. develapment within these hazard
areas.
Finding #40. FIRM Panel Nuinber 41039C166F shaws the praject area is affected by the 100-year
flaadplain (Willamette River, Glenwaad Slaugh).
Finding #41. Within the City af Springfield's jurisdictian, f1aadplain develapment is regulated by
the Flaadplain (FP) Overlay District. The FP Overlay District applies to. all areas af special flaad
hazard. Develapment prapasals within the FP Overlay District are reviewed under Type I
pracedure and approval is required befare canstructian ar develapment begins within any area
af special f1aad hazard.
Within the City af Eugene f1aadplain develapment is regulated by develapment standards
beginning at EC 9.6705 through 9.6709. While develapment within ODOT right-af-way wauld
need to. meet these standards the City does nat review nar issue permits in ODOT right-af-way.
A f1aadplain develapment permit is required far develapment within the Special Flaad Hazards
. Area (SFHA) that is in Eugene but autside af the public right-af-way. Any develapment within
Attachment 1-10
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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 flood way 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 #42. In February 2009, ODOT prepared and submitted a Hydraulic and Scour Analysis
Report, including "No-Rise" analysis, to analyze the hydraulic conditions for the 1-5 Replacement
Bridge project to determine the effects of the required construction activities to the lOO-year
floodplain during and after construction. The report concluded that the Willamette River 1-5
Replacement Bridge project would have a minima'l impact on flood levels during a lOO-year
event.
Finding #43. The proposed South Bank Viaduct will be constructed at the same location on the
south bank of the Willamette 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 lOO-year flood event, given the small area affected by the project compared to the
Replacement Bridge project.
Goal 8 :... 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 #44. Willamalane Park and Recreation District is the entity responsible for park pianning,
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 #45. 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 #46. 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) Uurisdiction: 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.
Goal 9 _ Economic Development. Goal 9 calls for diversification and improvement of the economy. It
asks communities to inventory commercial and industrial lands, project future needs for such lands,
and plan and zone enough land to meet those needs. '
Finding #47. The proposed Metro Plan text amendment does not reduce the inventory of
commercial and industrial lands.
Finding #48. 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
Attachment 1-11
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potential to bring recreational users into the Glenwood. and downtown Springfield business
areas.
Finding #49. Tothe 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.
Goo/10 - Housing. This goal specifies that each city must plan for and accommodate needed housing
types, such as multifamily and manufactured housing.
Finding #SO. 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 of this proposal.
Goa/11 - Public Facilities and Services. Goal 11 calls for efficient planning of public services such as
sewers, water, law enforcement, and fire protection.
Finding #Sl. 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.
Gaa/12 - Transportation. The goal aims to provide "a safe, convenient and economic transportation
system. 11
Future
Bikeway Projects
Eugene-Springfield Metro Area
Legend
", Urban Growth Boundary
Bicyro/e Routes (Future)
I'..i* on-street/with road project/Future
1\1 on-streetlwithout road proj9ctfF~e
F'J:~V off-streetlwithout road projectlF"uture
,,' off-streeUwith road projectlFuture
Attachment 1-12
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. Finding #52. 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 #53. 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 #8S1 South 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 #54.. 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 #55. TransPlan's TSI Bikeway Policy #4 assigns priority to the finding of "Priority Bikeway
Miles." These are defined as stand-alone bike projects Iisted.in TransPlan that are not
associated with roadway projects. As mentioned above, the proposed South Bank Viaduct is
part of project #851 South Bank Trail (Al which is a stand-alone project that is not as.sociated
. with a roadway.
Finding #56. 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 #57. 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.
1-. . ~-
Finding #58. The TPR requires a determinatjon 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.
Attachment 1-13
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Gool13 - Energy Conservation. Goal 13 declares that "land and uses developed on the land shall be
managed and controlled so as tei maximize the conservation of all forms of energy, based upon sound
economic principles."
Finding #59. 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 applicabie 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 #60. 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 - Willamette River Greenway. Goal 15 sets forth procedures for administering the 300 miles
of greenway that protects the Willamette. River.
Finding #61. 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 #62. 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 #63. 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.
Finding #64. 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.
Attachment 1-14
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Finding #65. The exception taken in 2003 and in 200a (articulated in Chapter III, Policy 0.11) did
not foresee or include the proposed South Bank Viaduct.
Finding #66. 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 sUPDortinR non-automobile transDortation: opportunities for residential
development; and other compatible uses.
Policy 0.3 Eugene, Springfield and Lane' County shall continue to cOODerate 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 offill within the Willamette River Greenway setback.
An exception to Statewide Planning Goal 15 Willamette River Greenway was approved for
Oregon Department of Transportation (ODOT) 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 ofthe 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 0
Gools 16 through 19 ~ Estuarine Resources, Coastal Shore/ands, Beaches and Dunes, and Ocean
Resources.
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Finding #67. 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.
Attachment 1-15
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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 50uth 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 #68. Chapter 111-0 of the Metro Plan specifically addresses issues related to the Willamelte
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 supportin2 non-automobile transoortation: opportunities for residential
development; and other compatible uses.
Policy 0.3 Eugene, Springfield and Lane County shall continue to cooperate in expandin2
water-related parks and other facilities. where appropriate. 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 Willamelte River Greenway setback.
An exception to Statewide Planning Goal 15 Willamelte River Greenway was approved for
Oregon Department ofTransportation (ODOT) for purposes of removing and replacing the
decomll)issioned 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-ot-way crossing
the Willamette River and Canoe Canal and within the Willamelle River Greenway Setback Line.
The exception authorizes construction and later removal of one or more temporary work
bridges; demolition of the decommissioned 1-5 Willamelle 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 Willamelte River Greenway Setback Line the addition
and removal offill within ODOT right-of-wayand the removal offill within a temporary slope
easem.ent east of 1-5. This exception satisfies the criteria of Oregon Administrative Rule (OAR)
660-004-0022(6), Willamelte Greenway, and the exce'ption requirements of OAR 660-004-0020
Goal 2 Part IIlc) 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 #69. The proposed South Bank Viaduct is located within the Willamelle River Greenway
setback. While the viaduct design is not complete, it may require the removal or placement of
Attachment 1-16
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fill within the Greenway setback. For this reason, an exception to Statewide Planning Goal 15 is
required as part of this proposal.
Finding 1170. 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 1171. 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 1172. 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 1173. 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 m'ap.
Finding 1174. 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 1175. The Glenwood Refinement Plan (1999) is a refinement plan of the Metro Plan. It
contains a map of proposed bicycie 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 # 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 #76. The Willamalane Park and Recreation Comprehensive Plan is a refinement plan of
the Metro Plan. Map #3 (page 28) of the Comprehensive Plan shows existing, planned and
proposed multiuse paths and bike ways. Map #3 shows the South Bank Trail running along the
Willamette River through Glenwood as an off-street multiuse path.
Finding #77. 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,
Finding 1178. 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
Attachment 1-17
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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 refinement plans are specific in their planning for
the South Bank Path and the alignment of that path along the Willamette River, passing beneath ~he
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-lnterpretation 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 confiicts 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) GoalS "Recreational Needs";
(e) Goal9 "Economy ofthe State";
.(f) Goal 10 "Housing" except as provided for in OAR 660-00S-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
T~ansportation Improvements on Rural Land";
(h) Goal 13 "Energy Conservation";
(j) Goal 15 "Willamette Greenwav" except as provided for in OAR 660-004-0022161: and
Attachment 1-18
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Ul Goal 19 "Ocean Resources."
Compliance with 660-o04-o015-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 b.een met."
Finding #79. This proposal amends the Metro Plan text and takes an exception to allow the
construction ofthe 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 #80. Findings #81 through #93 address 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
lI(c}
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) Willamette Greenway: Within an urban area designated on the approved Willamette
Greenway 80undary 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:
(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;
(b) The use will not significantly reduce the sites available for water-dependent or water-reiated
uses within the jUrisdiction;
(cl The use will provide a significant public benefit; and
(d) The use is consistent with the Legislative findings and policy in ORS 390.314 and the.
Willamette Greenway Plan approved by LCDC under ORS 390.322."
Attachment 1-19
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. "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 Willamette 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 fonds along the Wil/amette River as the Wil/amette River Greenway. N This
purpose is reflected in Chapter III Section D of the Metro Plan, the local comprehensive plan element
that describes how the Willamette Greenway will be administered within Eugene-Springfield's planning
jurisdiction (emphasis added).
Finding #81. Policy D.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 SUDDortinR non-automobile transDortation; opportunities for
residential development; and other compatible uses.
Finding #B2. Policy D.3 Eugene, Springfield and Lane County shall continue to COODerate in
exoandine water-related Darks and other facilities. where aDDroDriate. that allow access to
and eniovment of the river and waterwav corridors.
Finding #83, 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.
West end of the South Bank Viaduct
Attachment 1-20
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Eastend ohhe South Bank Viaduct
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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.
Finding #84. 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.
:,1
Finding #85. 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.
Attachment 1-21
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Finding #86. Required NEPA review of this project will result in mitigation measures designed to
minimize the impact o{the viaduct on riparian habitat and threatened and endangered fish
species in the river.
Finding #87. The South Bank Viaduct and riverfront path that will be enabled by the viaduct wiU
, fulfiU a longstanding community need. That need is refiected in long-range planning documents
for transportation and recreation (Glenwood Refinement Plan, Glenwood Riverfront Plan,
TransPlan, arid 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 #88. The topography of the riverbank prohibits most water-dependent and water related
" uses. All of the land occupied by the viaduct is publicaUy 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 availab'-~for water-dependent, water related-uses. The
proposed viaduct structure wiU 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 #89. 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.
"(d) The use is consistent with the Legislative findings and policy in ORS 390.314 and the Willamette
. Greenway,Plan approved by LCDC under ORS 390.322."
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:
(a) Recognizing the need for coordinated plan nine for such ereenwav. finds it necessary 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 ofthe 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 greenway; 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 shaU remain. to the ereatest pOSSible deeree. compatible with the
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Attachment 1-22
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llreservation of the natural. scenic. historical and recreational oualities 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 of such ~reenwav in the State Parks and Recreation
Department. .
(e) Recogniiing the lack of need for the acquisition offee 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 Ideal government along the
Willamette River. [1973 c.558 91]"
;.
"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 OR5 390.318, the State Parks and Recreation Department shall submit such plan
or se~ment to the land Conservation and Development 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 plan 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) Ifthe plan forthe Wiliamette 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 ofthe commission, may revise the plan for the Willamette River Greenway
from time to time. [1973 c.558 94]"
.
Finding 1190. The Metro Plan Chapter III Section D-Willamette Ri,ver 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.
Finding 1191. Amendment of the Metro Pla'n 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 filed with DLeD'on June 30, 2009.
Finding 1192. While no formal.notice process is required, the Notice of Proposed Amendment
packet that was sent to OLeO was sent electronically to Jan Houck, Water Recreation' .
Coordinator with the Oregon Parks and Recreation' Department on July 27,2009.
Attachment 1-23
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Finding #93. 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 DLCD Notice of Proposed Amendment mentioned in Finding #91.
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
Attachmenl1-24
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Attachment 1
Tne 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 Goal 15 Willamette Rivet Greenway was approved by the cities of
Eugene and Springfield and by Lane County authorizing construction of a bike path viaduct beneath the I-
S bridges, along the -sauth bank af the Willamette 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 of Oregon Administrative Rules (OAR) 660-004-0022 (6) Willamette Greenway and
the exceppon requirements of OAR 660-004-0020 Goal 2, Part /I (c) for a 'reasons' exception. Pursuant
to OAR 660-004-0015, is hereby adopted as on amendment to the Metro Plan text, Policy D. 11, Chapter
iii, Section D."
Attachment 1-25
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Attachment 1-26
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BEFORE THE BOARD OF COUNTY COMMISSIONERS, LANE COUNTY OREGON
ORDINANCE NO. PA 1262
In The Matter Of Amending The Eugene-Springfield
Metropolitan Area General Plan Text, Chapter III, Section D,
Policy # 11; Adopting An Exception To Statewide Planning
Goal 15 (Willamette River Greenway), And Adopting A
Severability Clause. (FHe No. PA 09-5472) (Springfield,
Eugene, lane County)
WHEREAS, Policy #11 of Chapter III, Section D of the Eugene-Springfield Metropolitan Area
General Plan (Metro Plan) requires the taking of an exception to Statewide Goal 15 if a non-
water-dependent transportation facility requires placing fill within the Willarnette Greenway; and
WHEREAS, on June 26, 2009, Springfield, Eugene, and Lane County jointly initiated a Metro
Plan amendment containing language establishing an exception to Statewide Planning Goal 15
(Willamette Greenway) for the purpose of allowing for the placement of fill within the Greenway
for the construction of a bicycle/pedestrian viaduct undemeath the 1-5 bridges on the South
Bank of the Willamette River; and
WHEREAS, Chapter IV of the Eugene -Springfield Metropolitan Area General Plan (Metro Plan)
sets forth procedures for amendment of the Metro Plan, which for Lane County, are
implemented by provisions of Lane Code Chapter 12; and
WHEREAS, following an September 1, 2009 joint public hearing with the Eugene and
Springfield Planning Commissions, the Lane County Planning Commission, on September 1,
2009 recommended Metro Plan amendments and the taking of an exception to Statewide
Planning Goal 15 Willamette River Greenway, to allow for placement of fill in the Greenway for
Construction of a Bicycle/Pedestrian Viaduct; and
WHEREAS, the Lane County Board of Commissioners conducted a joint pUblic hearing on this
amendment on September 22, 2009, with the Eugene City Council and the Springfield City
Council, and is now ready to take action based on the above recommendations and evidence
and testimony already in the record as well as the evidence and testimony presented at the joint
elected officials public hearing; and
WHEREAS, substantial evidence exists within the record demonstrating that the proposal meets
the requirements of the Metro Plan, Lane Code and applicable state and local law as described
in the findings attached as Exhibit A, and which are adopted in support of this Ordinance.
NOW, THEREFORE, the Board of Commissioners of Lane County Ordains as follows:
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Section 1: . The Metro Plan Policy #11, Chapter III, Section D.is hereby amended by the
addition of the following paragraph:
"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 bank of the Willamette 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 of Oregon Administrative Rules (OAR)
660-004-0022 (6) Willamette Greenway and the exception requiriJments 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, ChaptiJr III, Section D."
Section 2: The Metro Plan is hereby amended to include the findings of fact and conclusions
supporting a "reasons" exception to Statewide Planning Goal 15 and demonstrating compliance
with OAR 660-004-0015, 660-004-0020 and 660-004-0022 (5) attached hereto as Exhibit A, and
incorporated herein by this reference.
Section 3: 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
constitutes a separate, distinct and independent provision and such holding does not affect the
validity of the remaining portions thereof.
ENACTED this.2 iP'day of ()C 17J6<&(L.
,2009.
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Chair, Lane County Board of County Commissioners
APPROVED AS TO FORM
Date:
Lane County
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Exhibit 'A'
FINDINGS IN SUPPORT OF AN ORDINANCE AMENDING THE EUGENE-SPRINGFIELD METROPOUTAN .
AREA GENERAL PLAN AND TAKING AN EXCEPTION TO STATEWIDE PLANNING GOAL 15 (WlllAMETTE
RIVER GREENWAY) TO AllOW FOR PLACING Fill FOR CONSTRUCTING A BICYCLE/PEDESTRIAN
VIADUCT ON THE SOUTH BANK OF THE WlllAMETTE RIVER.
Criteria for adoption of a Metro Plan Amendment Is found In Section 12.225 (2) (a) & (b). It states that
In reaching a decision, the County Commissioners must adopt findings which demonstrate that the
proposal meets applicable approval criteria and state and local laws. These criteria and findings are
discussed below and show compliance to support the amendment and taking an exception to Goal 15.
LC12.225 (2) (a) Criterion #J "The amendment must be consistent with the relevant statewide
planning gools adopted by the Land Conservation and Development Commission. H
Goal 1 - Citizen Involvement. Goal 1 calls for "the opportunity for citizens to be involved In all phases
of the planning process..
Finding 111. A public hearing was held before the Joint Planning Commissions of Eugene,
Springfield and lane County on September 1, 2009.
Finding 112. A public hearing was held before the Joint Elected OffICials of Eugene, Springfield and
lane County on September 22, 2009.
Finding 113. Mailed notice of these public hearings was sent out to property owners and
residents within 300 feet of the proposed bicycle viaduct on August 12, 2009. The mailing
allowed more than 20 days notice before the first public hearing as required. .
Finding 114. Notice of the public hearings concerning this matter was published on August 12,
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 lane Code Chapter 14.
GoalZ - 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 115. The Eugene-Springfield Metropolitan Area General Plan (Metro Plan) is the
acknowledged comprehensive plan that guides land use planning for the city's of Eugene and
Springfield and the Glenwood area.
Finding 116. 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;
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Dotentlal for SUDDortinl! rion-automoblle transDortatlon: opportunities for residential
development; and other compatible uses.
Policy 0.3 Eugene, Springfield and Lane County shall continue to COODerate In eXDandinl!
water-related Darks and other facilities, where aDDroDriate, that allow access to and
enJovment of the river and waterway corridors.
Finding 117. 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 118. 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 118S1 South Bank Trail (A) with an estimated cost of $1,8000,000
(Jurisdiction: Springfield).
Finding 119. Central Lane MPO Regional Transportation Plan lists the Glenwood Riverfront Park
Path (Project 8S1) as a finically constrained project. It is c1assifted as a multiuse path without
road project.
Finding 1110. 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 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.
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Finding 1111. The Willamalaile Park and Recreation Comprehensive Plan is an adopted 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.
Goal 3 ..., 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 1112. This goal does not apply within adopted, acknowledged urban growth boundaries.
The City's of Eugene and Springfield do not have any agricultural zoning districts. These
amendments do not apply ~utside 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 metro urban transition area carries City zoning. An
exception to this goal was taken in 1982 when the comprehensive plan was aCknowledged.
Goal 4 - 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 1113. This goal does not apply within adopted, acknowledged urban growth boundaries.
The City's of Eugene and Springfield do 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 metro urban transition area carries City zoning. An exception to this goal was
taken in 1982 when the comprehensive plan was acknowledged.
GoalS - Open Space,s, Scenic and Historic Areas, and Natural Resources. Goal S covers more 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 1114. 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 1115. The Willamette River is an inventoried riparian resource site onthe Springfield
Inventory of Natural Resource sites. This is Springfield's adopted Goal S Inventory. It is
identified as site "WNWB" on the Inventory.
Finding 1116. Site WNWB 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 1S0 feet of the resource site. The Willamette River (WNWB) is a water
quality limited watercourse and is protected by a 7S-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 1117. 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
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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 #18. 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.
Finding #19. Other state and federal pennits 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 penn its 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 Resources 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 #20. 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 4.3-11S (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 Goal S program for natural resource protection.
Finding #21. The proposed text amendment and Goal exception will not alter the environmental
protection standards policies cited in Finding # 29. 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 WilJamette
River.
Finding #22. 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 halie on water quality in the River. '.
Finding #23. 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 agenci~s will add conditions for approval as required to address their concerns if any
regarding wetland and riparian protection.
Finding #24.
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Goal 7 - Areas Subject to Natural Disasters and Hazards. Gaal 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 #25. All sites within Springfield that are subject to these hazards (floodplain, erosion,
landslides, earthquakes, weak foundation soils) are inventoried through a variety of sources.
The proposed 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 #26. FIRM Panel Number 41039C166F shows the project area is affected by the lOO-year
floodplain (Willamette River, Glenwood Slough).
Finding #27. 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.
Finding #28. In February 2009, ODOT prepared and submitted a Hydraulic 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 lDO-year
floodplain during and after construction. The report concluded that the Willamette River 1-5
Replacement Bridge project would have a minimal impact on flood levels during a lDO-year
event.
Finding #29. The proposed South Bank Viaduct will be constructed at the same location on the
south bank of the Willamette 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 lOO-year flood event, given the small area affected by the project compared to the
Replacement Bridge project.
GoalS - 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 #30. Willamalane Park and Recreation District is the entity responsible for park planning,
development and maintenance in the subject park areas. 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 #31. Willamalane's Comprehensive Plan shows the proposed South Bank Viaduct (South
Bank Trail) on Map 3-"Existing and Proposed Multiuse Paths and Bike Ways."
Goal 9 - Economic Development. Goal 9 calls for diversification and improvement of the economy. It
asks communities to inventory commercial and industrial lands, project future needs for such lands,
and plan and zone enough land to meet those needs.
Finding #32. The proposed Metro Plan text amendment does not reduce the inventory of
commercial and industrial lands.
Finding #33. 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
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potential to bring recreational users into the Glenwood and downtown Springfield business
areas.
Finding #34, To the extent that recreational access to the Willamelte 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
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 #35. 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.
Goa/ll - Public Facilities and Services. Goal 11 calls for efficient planning of public services such as
sewers, water, law enforcement, and fire protection.
Finding #36. The Eugene-Springfield Metropolitan Public Services and Facilities Plan (PFSP) is a
refinement plan of the Metra Plan that guides the provision of public infrastructure, Including
water, sewer, storm water management, and electricity. The proposed Metra 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. This goal aims to provide "a safe, convenient and economic transportation
system.1I
Finding #37. TransPlan (2002) is Eugene-Springfield's local Transportation System'Plan and is a
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functional plan of the Metra Plan. TransPlan provides policies addressing transportation
facilities and policies for the Eugene-Springfield Metropolitan Area.
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Finding #38. TransPlan contains project lists and maps showing needed transportation facilities in
the Metropolitan area. The Future Bikeway Project Map, above, 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).
Finding #39. 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 #40. 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 #851 South Bank Trail (A) which is a stand-alone project that is not associated
with a roadway.
Finding #41. 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.
Goa/H - 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."
Finding #42. Approval of the proposed Metra 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 #43. 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.
Goo/IS - Willamette River Greenway. Goal1S sets forth procedures for administering the 300 miles
of greenway that protects the Willamette River.
Finding #44. Chapter III D of the Metro Plon-"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 #4S. . Policy D.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."
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Finding #46. The prapased South Bank Viaduct is lacated within the Willamelte River Greenway
setback. While the viaduct design is nat camplete, it may require the remaval .or placement .of
fill within the Greenway setback. Far this rea san, an exceptian ta Statewide Planning Gaal1S is
required as part .of this propasal.
Finding #48. The exceptian taken in 2003 (articulated in Chapter 111, Palicy 0.11) did nat far€see .or
include the prapased Sauth Bank Viaduct.
Finding #49. Chapter III-Oaf the Metra Plan specifically addresses issues related ta the Willamelte
Greenway. The fallawing palicies faund in Chapter 111-0 are applicable ta this prapas,al and are
cited belaw (emphasis added).
Palicy 0.2 Land Use regulatian and acquisitian programs alang river carridars and waterways
shall take inta accaunt all the cancerns and needs .of the cammunity, including recreatian,
resaurce, and wildlife protectian; enhancement .of river carridar and waterway enviranments;
potential far suppartin!! nan-autamabile transportatian: .oppartunities far residential
develapment; and ather campatible uses.
Palicy D.3 Eugene, Springfield and Lane County shall continue ta COODerate in eXDandin!!
water-related Darks and other facilities. where appropriate. that allow access ta and
eniovment .of the river and waterwav carridars.
Goals 16 through 19 - Estuarine Resources, Coastal Shore/ands, Beaches and Dunes, and Ocean
Resources.
Finding 1150. There are na caastal, .ocean, estuarine, .or beach and dune resaurces within the
Eugene-Springfield Urban Grawth Baundary. These gaals da nat apply ta this praposal.
Conclusion
The findings shawn abave demanstrate that the prapased Metro Plan text amendment and Gaal1S
exceptian allawing the canstructian .of the Sauth Bank Viaduct facility as part .of the Sauth Bank Path is
in substantial canfarmance with Oregan's Statewide Planning Gaals.
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Lane Code 12.225 (2) (b) Criterion #2. "Adoption of the amendment must not make the
Metro Plan Internoffy Inconsistent. "
Findings
Finding 1151. 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;
DOtential for suooortinl! non-automobile transoortation: opportunities for residential
development; arid other compatible uses.
Policy 0.3 Eugene, Springfield and lane County shall continue to coooerate in exoandinl!
water-related Darks and other facilities. where aporoorlate. that allow access to and
eniovment of the river and waterway corridors.
Finding 1/52. Policy 0.11 of Chapter III states: The taking of an exception shall be requir~d if a
non-water dependent transportation facility requires placing of fill within the Willamett~ River
Greenway setback."
Finding IIS3. The proposed South Bank Viaduct is located withinthe 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.
Finding 1154. In 2003, an exception to Statewide Planning Goal 15 was 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. That exception to Goal 15 was approved
in advance of any construction designs. .
Finding 1155. The exception taken in 2003 (articulated in Chapter III, Policy 0.11) did not foresee or
include the proposed South Bank Viaduct.
Finding 1156. TronsPlan (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 #57. TransPlan contairis 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 #8S1 South Bank Trail (A) with an estimated cost of $1,8000,000
(Jurisdiction: Springfield).
Finding #58. 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.
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Finding 1159, 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 Willamette River, connecting the Eugene path system to the
Springfield Bridges. Glenwood Refinement Plan Policy # 4.S calls for the acquisition of
easements for a pedestrian and bicycle access to and along the Willamette River through the
Glenwood area.
Finding 1160, The Willamalane Park and Recreation Comprehensive Plan is a refinement plan of the
Metro Plan. Map #3 (page 28) of the Comprehensive Plan shows existing, planned and
proposed multiuse paths and bike ways. Map #3 shows the South Bank Trail running along the
Willamette River through Glenwood as an off-street multiuse path.
Conclusion
The proposed Metra Plan text amendment and Goal IS exception would not make the Metro Plan
internally inconsistent. The Metro Plan and its related refinement 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 I-S 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-lnterpretation of
Goal 2 Exception Process
"Statewide Planning Goal2-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-Q04-OOlO(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) Goal S "Natural Resources";
(b) Goal6 "Air, Water, and land Resources Quality";
(c) Goal7 "Natural Disasters and Hazards";
(d) Goal.S "Recreational Needs";
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(e) Goal 9 "Economy of the State";
(f) Goal 10 "Housing" except as provided for in OAR 660-OO8-OO3S, "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 6bO-{J12-OO70, "Exceptions for
Transportation Improvements on Rural land";
(h) Goal 13 "Energy Conservation";
III 60al15 "Willamette Greenwav" except as provided for In OAR 660-004-0022161: and
U) Goal 19 "Ocean Resources."
Compliance with 660-004-OO15-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 #61. 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 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 #62. Findings #74 through 86 address the "reasons" that are specific to a goal exception
for Statewide Planning Goal 15. These shall be adopted by reference as part of the findings and
exhibit to the local ordinances adopted by the local approving bodies.
Compliance with OAR 660-004-OO22-Reasons Necessary to Justify an Exception under Goal 2 Part
lI(c)
OAR 660-Q04-OO22 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 660-0D4-OO22 lists the reasons that
can be used to justify an exception to Statewide Planning Goal 15-Willamette River Greenway.
Subsection (6) states:
"(6) Willamette Greenway: Within an urban area designated on the approved Willamette
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:
Ord. No. PA 1262
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(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;
(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
(d) The use is consistent with the legislative findings and policy in ORS 390.314 and the
Willamette Greenway Plan approved by lCDC under ORS 390.322."
"MReasonsH 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 66~-
0022(6)(a-d).
Hla) 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;H
There appears to be no single statement of "greenway values" in the state statutes or administrative
rules. The purposes stated for establishing the Willamette 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 Wilfamette River as the Wilfomette River Greenway. H This
purpose is reflected in Chapter III Section D of the Metra Plan, the local comprehensive plan element
that describes how the Willamette Greenway will be administered within the Eugene-Springfield
metropolitan planning area (emphasis added).
Finding #63. Policy D.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 SUDDortinl! non-automobile transDortation: opportunities for
residential development; and other compatible uses.
Finding #64. Policy D.3 Eugene, Springfield and lane County shall continue to COODerate in
eXDandinl! water-related Darks and other facilities. where aDDroDriate. that allow access to
and eniovment of the river and waterwav corridors.
Finding #65. 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.
Ord. No. PA 1262
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West end of the South Bank Viaduct
East end of the South Bank Viaduct
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As shown in the above diagram, 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.
Finding #66. The alignment of the proposed viaduct would hug the riverfront, passing beneath the
1-5 bridges. The viaduct is located in an industrial zone, 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 value
of this segment of the river compared to other segments in Eugene-Springfield.
Finding #67. Existing development standards would require replacement of trees and restoration
ofthe 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 #6B. 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 #69. 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 (Glen wood 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 #70. The topography of the riverbank prohibits most water-dependent and water related
uses. All of the land occupied by the viaduct is publically 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.
"Ie) The use will provide a significant public benefit; and"
Finding #71. 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.
"ld) The use is consistent with the Legislative findings and policy in ORS 390.314 and the Willamette
Greenway Plan approved by LCDC under ORS 390.322."
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
Ord. No. PA 1262
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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:
(a) Recognizing the need for coordinated plannilll! for such I!reenwav. finds It necessary to
provIde for development and Implementation of a plan for such I!reenwav throul!h the
cooperative efforts of the state and units of locall!overnment.
(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 greenway; 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 I!reatest Dossible del!ree. 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 of such I!reenwav in the State Parks and Recreation
Department.
(e) Recognizingthe lack of need for the acqUisition offee 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 91]"
"390.322 Submissi.on 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 Department shall submit such plan
or sel!ment to the Land Conservation and Development 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 plan 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) Ilthe.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 locall!overnment.
with the aporoval of the commission. mav revise the plan for the Willamette River Greenwav
from time to time. [1973 c.558 94J"
Ord. No. PA 1262
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Finding #72. The Metro Plan Chapter iii Section D-Wiilamette 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.
Finding #73. 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 filed with DLCD on June 30, 2009.
Finding #74. While no formal notice process is required, the Notice of Proposed Amendment
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 #75. 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 DLCD Notice of Proposed Amendment mentioned in Finding #80.
V. Conclusion
Based on the findings above with respect to the applicable criteria defined in Lane Code for approving a
Metro Plan text amendment and applicable sections of OAR 660-004-0022 for approving an exception to
Statewide Planning Goal 15 (Wiilamette Greenway); the proposed text amendmentto the Metro Plan
and exception to Statewide Planning Goal 15 is found to be consistent with the applicable criteria,
Statewide Planning Goals, Lane Code, and Oregon Administrative Rule and Statute for taking an
exception and amending the Metro Plan.
Ord. No. PA 1262
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The proposed text amendment adds the following language to policy #0.11 of Chapter 111-0 Willamette
River Greenway, River Corridors and Waterways Element:
MAn exception to Statewide Planning Goal 15 Willamette River Greenway was approved by the cities of
Eugene and Springfield and by Lane County authorizing canstruction of a bike path viaduct beneath the I-
S bridges, along the south bank of the Willamette River in Glenwood. The exception authorizes
construction of the bike path viaduct including the fill and removal of fil/necessary to build the structure.
This exception satisfies the criteria of Oregon Administrative Rules (OAR) 660..(J(J4"(){)22 (6) Willamette
Greenway and the exception requirements of OAR 66()..()()4.()()20 Goal 2, Part II (c) for a 'reasons'
exception. Pursuant to OAR 660..(J(J4"(){)15, is hereby adopted as an amendment to the Metro Plan text,
Policy D. 11, Chapter III, Section D."
Ord. No. PA 1262
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South Bank Bicyde Viaduct Project
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Planning & Development
Planning
City of Eugene
99 West 10th Avenue
Eugene, Oregon 97401
(541) 682.5377
(541) 682-5572 FAX
www.eugene-or.gov
NOTICE OF FINAL DECISION
October 30, 2009
As of October 28, 2009, the Eugene City Council, Springfield City Council, and Lane County Commission have
approved the Metro Plan Amendment for the South Bank Bike/Pedestrian Viaduct (City of Eugene File: MA
09-4) which amends the Eugene-Springfield Metropolitan Area General Plan (Metro Plan) text, Chapter III,
Section D, Policy #11; adopting an exception to Statewide Planning Goal 15 Willamette River Greenway;
adopting a severability clause; and providing an effective date.
This ordinance specifically amends Metro Plan.Policy #11, Chapter III, Section D by the addition of the
following paragraph:
"An exception to Stateside Planning Goal 15 Willamette River Greenway was approved by the cities of Eugene
and Springfield and by Lone County authorizing construction of a bike path viaduct beneath the 1-5 bridges,
along the south bank of the Willamette River. The exception authroizes 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 (OAR) 660-004-0022 (6) Willamette Greenway and the exception requirements
of OAR 660-004-0020 Goal 2, Port fI(c) for a 'reasons' exception. Pursuant to OAR 660-004-0015, this
exception is hereby adopted as on amendment to the Metro Plan text, Policy D. 11, Chapter 1/1, Section D."
The amendment, findings and related materials can be reviewed at 1" Floor Reception, Atrium Building, 99
. th
West 10 Avenue, between 9:00 a.m. and 5:00 p.m., Monday through Friday.
As per Eugene Code Section 9.7745(4), all three governing bodies have adopted identical decisions;
therefore, this decision is final.
Persons who participated either orally or in writing in the local government proceedings leading to adoption
of the amendments may appeal the decision to the Land Use Board of Appeals within 21 days of the decision.
Appeals to the Oregon Land Use Board of Appeals are governed by ORS 197.825 to 197.845.
For additional information, please contact:
Heather O'Donnell, Associate Planner
City of Eugene Planning Division
99 West 10th Avenue
Eugene, OR 97401
E-mail: heather.m.odonnell@ci.eugene.oLus
Phone: (541) 682-5488
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CERTIFICATE OF MAILING
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I herby certify that 1 served the decision and/or notice of decision of the Eugene City
Council, Springfield City Council, and Lane County Commission of the approval of South
Bank Bike/Pedestrian Viaduct by mailing a true copy to:
Jan Wostmann
Laurel Hill Valley Citizens
2645 Riverview Street
Eugene, Oregon 97403
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Dated:
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