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HomeMy WebLinkAboutMiscellaneous PLANNER 5/18/2004 . . SPRINGFIELD HEARINGS OFFICIAL , , PRELIMINARY DECISION ON A REQUEST FOR A DISCRETIONARY USE PERMIT TO ALLOW THE RECLAMATION OF A PRIVATE QUARRY ON A PORTION OF TAX LOT 303, ASSESSOR'S MAP 18---02---03 Application Summary The applicants, Norman and Melvin McDougal, PO Box 518, Creswell OR 97426, are requesting discretionary use approval in accordance with Springfield Development Code (SDq Article 10 to proceed with the reclamation of a former, private quarry site, preparing the site for planning and development as a public park as required by conditions of MountainGate Master Plan (MPI995-02-0039). The proposed use includes blasting and crushing of rock for use during on- site construction of associated residential development. Interested Parties Norman McDougal Melvin McDougal Mike Evans Geri Betz Dan Kingrey Barbara & Donald Peterson Deanne & Kevin Hauck Todd Covington Don Horton Greg Hyde Robert Shelby Jesse Miller J.R. Daniel Kristofer Jeremiah Councilor Woodrow Application History Hearing Date: April 28, 2004 Record Held Open Until May 5, 2004 Preliminary Decision Date: May 18,2004 Appeal Deadline This decision is preliminary and is not subject to appeal. A final decision will be issued after interested parties have reviewed this preliminary decision. Statement of Criteria and Standards Section 3.050 Springfield Development Code Section ]2.030 Springfield Development Code Section 16.020(12) Springfield Development Code Article 37 Springfield Development Code (MountainGate Master Plan Approval: Planning JoumaI1995-02-0039) Eugene-Springfield Metropolitan Area General Plan Date ::leeeived: 5/ 8 -0 t.j Planner. h PAt-hn Ho ~ /o-f {q p~ . . Jo. No. ZON2004-0006 May 18,2004 Page 2 of 19 Facts Relied Upon (Findings) I. The property subject to this application, hereinafter referred to as "the subject property, can be identified as a portion of Tax Lot 303 on Lane County Assessor's Map 18-02- -03. This nine-acre project site is located along the southwesterly border of the 330-acre tax lot, just north ofWeyerhaeuser Road and the Golden Terrace Subdivision at 58th and. 59th Streets. The subject property lies within Springfield's Urban Transition Zone, is designated as Low Density Residential (LDR) by the Eugene-Springfield Metropolitan Area General Plan (Metro Plan) and is zoned Low Density Residential-Urban Growth Boundary (LDRlUF-IO) by the Springfield Development Code (SDC). Section 16.020(12) of the SDC allows parks subject to a discretionary use permit process. 2. On May 13, 1998, the Springfield Hearings Official approved the MountainGate Master Plan (10. No. 95-02-39) for a 333 acre residential subdivision on Tax Lot 303, Lane County Assessor's Map 18-02-03. (Hereinafter referred to as the "MountainGate decision.") A Master Plan is a comprehensive development plan, required by Article 37 of the Springfield Development Code, that allows phased development over several years. Future phases of the development must be consistent with the Master Plan and the development standards in effect at the time of approval. Under the umbrella of the Master Plan a developer may seek related land use approvals such as discretionary uses, variances and site plan reviews. The subject property is subject to the MountainGate Master Plan and is referred to as the Park! Quarry site in that Plan. The MountainGate Master Plan identified different drainage basins within Tax Lot 303 by boundaries designated as "Line A," "Line B," and so forth. Condition of Approval #28 of the MountainGate decision required that detailed plans for detention ponds proposed at the MountainGate Park (Quarry) site be provided concurrent with any phase of development south of Line A. The applicant is preparing to begin construction of Phase 1 and II, located north of Line A, and has received approval for Phases III and IV. Phase IV is located south of Line A. Condition of Approval #53b of the MountainGate decision required an agreement between the applicant and the Willamalane Park and Recreation District transferring the Quarry Park site into public ownership. The agreement was required to be executed prior to the platting of that portion of the subject property that lies south of the intersection of MountainGate Drive and S. Park Drive, as shown on the MountainGate Master Plan. This condition also required that the applicant submit to the park district a reclamation plan for the quarry that would show that its proposed rehabilitation would result in a site suitable for a neighborhood park. . . Jo. No. ZON2004-0006 May 18, 2004 Page 3 of 19 3. The requested discretionary use permit is to allow the reclamation ofthe quarry on the subject property. The proposed reclamation plan requires the re-grading of the majority of the nine-acre site from steep rock faces to slopes and benches that would be usable for future park and utility purposes. Specifically, reclamation of the quarry as proposed would involve the removal of rock from the lower (southern) quarry floor for use as a wetland mitigation site, the removal. of rock from the upper (northern) quarry floor for use as a storm water detention basin, and the re-sloping of the existing walls to increase safety and function for park and open space purposes. The quarry reclamation and park development mandated by the MountainGate Master Plan involves a four-step process of I) rough grading consistent with conceptual park designs, 2) a transfer agreement andl'final reclamation plan approved by Willamalane Parks and Recreation District certifying the quarry site as suitable for park development, 3) the rezoning and re-designation of the LDR site to Park and Open Space, and 4) discretionary use/site plan approval for the design of the neighborhood park. Incorporating rough grading of the required storm water detention facilities in the first step of quarry reclamation is consistent with the c~lITent Phase 4 tentative subdivision approval and the recent submittal of public improvement plans for that phase of development. Development of the quarry site as conditioned in the MountainGate Master Plan requires the lowering of the existing quarry floor from three to five feet to develop the mitigation site and approximately II feet for the construction of a detention pond. In addition, because 30 to 90 foot vertical walls ,extend around the majority of the North and East portions of the quarry, the quarry ~alls must be reshaped to make the quarry area safe and suitable for future public usage. The timing for the blasting and placement of the quarried rock is as proposed in the following phases: a. A single phase of blasting is proposed that, if approval timelines are met, would occur in late spring oLearly summer of2004. Site prep aration and blasting would be comp leted'within a period of approxirmtely 4-6 weeks although the approximate number ofworkdays for blasting under ideal conditions is around 30 days. Blasting will occur in 5,000 cubic yard increments. b. Phase 2 will consist of the reshJping of quarry walls and the retmval of I rock from the detention pond. lihe detention basin will be nearly 2 acres in size and will be large enoug~ to accept and control stormwater in extreme events (100+ year storbs). This capacity may allow its use for other purposes most of the time. The basin could be graded with slopes that direct storm water to sp~cified locations during most (10 to 25 year) . . Jo. No. ZON2004-0006 May 18,2004 , I ' Page 4 of 19 stonn events. The remaining area would then be useable for recreation , I purposes when precipitation is light during summer months. The floor of the basin would be covered with soil and seeded. Depending upon construction approval timelines, the material resulting from the reshaping of the quarry walls and the fonnation of the detention pond would be extracted and be compacted in place within the subdivision beginning in early summer 2004. The material may otherwise be stockpiled to allow creation of the detention basin as early as possible, preferably in 2004. c. Phase 3 is basically a continuation of Phase 2 and will involve the removal of rock and shap ing of the w~tland mitigation ;ite. The site will then be covered with soil and veg:tated. (The DSLIUSACOE pennits require the wetland site to be developed:by fall of 2006). The wetland mitigation area located between future MouhtainGate Drive and the detention basin has been approved by the Oreg~n Division of State Lands and the Anny Corps of Engineers to replace wetland areas to be filled within Phase I of the MountainGate development. d. The rock crushing operation will oa;ur concurrently with Phases 2 and 3 of the MountainGate Subdivision development. It is anticipated that the crushing will be comp letoo by the end of 2005 but is desired for completion by the end of2004. The approximate number of workdays for crushing (60,000 cubic yards) under ideal conditions is sixty days. e. Placement and use of the rmjority ofrock is exp ected to be comp leted by the end of2005 (dep ending tip on city approvals and progess of construction.). Stockpiloo materials however will remain on site until used in the subdivision development project. The nearest houses to the quarry walls (west end), located within the Golden Terrace Subdivision, are approxirmtely 90 yards away; residences directly south of the central walls are approximately 150 yards away; and the southerly portion of the detention pond area is approximately l20yards from the nearest house. The future wetland area where stockpiles for screening are proposed is approximately 75 yards from the nearest house. The MountainGate Drive construction road along the south property line is approximately 40 yards from the nearest residence. . 4. The quarry subject to this application has never been a pennitted commercial quarry and is technically not subject to'Oregon:Department of Geology and Mining Industry regulations. Twenty or so' years ago; blasting in that quarry caused extensive damage to . . Jo. No. ZON2004-0006 May 18, 2004 Page 5 of 19 the plaster ceilings in homes located on South 57'h Street. These homes are located about 1,500 feet from the quarry. Because the quarrying operation was not then regulated, little is known about the scope or intensity of the blasting that was conducted. The soil overburden that once covered the working area of the quarry has been largely removed by previous quarrying operations. The underlying rock appears to be composed of fine-grained dense basaltic rocks that have been fractured and uplifted slightly. Upon blasting, it is expected that the rock will typically displace at the joints rather than fragment when not in close contact with the explosive column. The formation is unweathered and appears to have tight fractures and joints. The relatively shallow depths of rock cuts will increase overall shot rock sizing, as the explosives in the rock will be confined to the lower portions of the blast holes. The proposed blasting regime will consist of blasting, crushing and hauling of the rock to the northerly construction areas on Ihe MountainGate site. Estimates of the material needed for the construction ofthe l\1ountainGate development amount to about 100,000 cubic yards of crushed rock and 100,000 cubic yards of pit run material. Reclamation of the quarry as proposed could provide approximately 100,000 yards or half of the needed material. 60,000 yards of the quarry rock material would be crushed for use as street subgrade and trench backfill. 5. The blasting regimen proposed by the applicant can be described as follows: a blasting plan was prepared by Mr. Dick Daniel of Explosive Technical Service. Mr. Daniel has decades of experience in the preparation and implementation of blasting plans. M r. Kris Jeremiah of the firm BJ Equipment is the licensed and bonded blasting contractor that will implement the blasting plan. The Blasting Plan includes test blasts and ground surveying equipment to set charge strengths and mmitor vibration in the blast area and at adjacent residences. These test blasts, known as pre-blast surveys, will consist of two reduced-size test blasts that will be monitored at seismic recording equipment located near adjacent residences to calculate subsequent blasting parameters. The equipment will be ofa continuous read-out type to generate immediate monitoring results. The Blasting Plan provides for written notification ofresidents within 500 feet of the blasting area consistent with Section 24.060 of the SDC and cptional pre-blast surveying ofiesidents within 250 feet of the blasting area. The blast notioe will be given not more than six hours nor less than 30 minutes prior to detonation I and will include the approximate time of the blast. Records of exh blast will be maintained for at least two years following that blakt. The records shall contain the following information regirding earn blast: a. Name of quarry; , b. Date, time and location of the blast; . . Jo. No. ZON2004-0006 May 18,2004 Page 6 of 19 c. Description of the type of explosives and accessories used; d. Time interval of delay in milliseconds; e. Number of different delays; f. Number of holes per delay; g. Nominal explosive weight pet hole; h. Total explosive weight per delay; 1. Total weight of explosives per blast; J. Blast hole diameter, depth, sp acing and stemming height. The primary explosive used in blasting will be 2" diameter cartridged dynamite, 2" , diameter cartridged emulsion explosive supplemented with blasting agents when appropriate. The nonelectric "Nonel" millisecond delay initiation system will be exclusively used and there will be n9 exposed detonating cord used in the blasts. Blast hole explosive loading will be designed and calculated to achieve powder factors (pounds , per cubic yard) of between 0.95 and1.15. Vertical blast holes will be three (3) inches in diameter and will be drilled in deptn to the proposed elevation of the cut plus a nominal 2 to 3 subdrill depth. For site grading, the holes will be drilled on an offset square pattern with spacing of between five and seven feet. A perimeter control blasting method will be used on perimeter rock cut faces. The excavation width for utility trenching will be equal to the pipe diameter plus two feet. Blast holes will be stemmed. Stemming consists of placing dry granular crushed mineral aggregate (+ 1/4, - 1/2) material on top of the explosive charges. Proper stemming consists of assuring that there are no voids in the stemming column and that the top of the stemming material extends to the surface of the rock. No explosives will be stored at this site. Explosive requirements for each blast will be delivered to the site in a placarded truck that meets all federal and state regulations for the transportation of explosive materials. The truck will either stand-by during the loading or return to the site to remove any unused explosives at the end of the shift. No unconfined detonators or explosives will be permitted in the blast. Detonating cord trunk lines or pigtails of down-the-hole detonating cord will be covered by a minimum of 10 inches of granular non-organic material to mitigate blast noise. In situations where fly rock cannot be contolled within acceptable levels, additional material will be brought in to cover the blast or blasting mats will used. I During the loading of explosives and tJe subsequent blasting, the number of personnel permitted in the shot area will be restrihted to the absolute minimum number necessary to accomplish the task. Non-employees, Iwith the exception of regulatory personnel connected with the project, will not be permitted to remain within the shot area. . . Jo. No. ZON2004-0006 May 18,2004 Page 7 of 19 Individuals not connected with the project will not be permitted to observe blasting and blasting will only be done after gua~ds have been placed at all access points and the Blaster-in-Charge blaster has determined that the area is clear of people. No blasts will I. be made during periods when school busses are scheduled to be passing through the area. Following a blast, the blast site will be thoroughly examined for any unshot explosives and, should any be found, they will.be removed from the site before the end of the day. 6. Most if not all of the crushing is proposed within the quarry site itself. While the site plan shows two additional locations where the crusher might operate, the applicant has determined that only one alternative site will be used. This site is identified as Site Band is located on the north ridge of Potato Hill. The actual location will be determined based upon the timing of construction permits and progress. In general, the rock would be removed from the quarry and placed in its final location. Where this is not possible the material will be left in place or will ..be temporarily stockpiled. The crushing operation may have to change location slightly to accommodate stockpiling needs. The crusher will generally be operated from the quarry floor. This will maximize the setback from dwellings to the west and maintain a rock wall between the crusher and dwellings. It will also allow adequate area to maintain a rock pile between the crusher and dwellings to reduce noise impacts. On the north ridge location, the crusher will also be located below existing ground surface and a rock mound will be placed on the west side as a sound barrier. Dump trucks haul approximately 8 cubic yards and truck-trailer units can haul approximately 15 cubic yards per round trip. Depending on the size of trucks used, production ofrock for on-site use would eliminate 13,000 to 25,000 truck trips to and from the site over the duration of the street and subdivision construction project. The closest sources for construction rock material are South of Main Street approximately 5 miles West (Morris/Springfield Quarry) or North of Belt line approximately 13 miles Northwest (Eugene Sand, Wildish, Egge). 7. The wetland mitigation site and the,detention basin will have at least one foot of soil placed on the floor to limit seepage. and to support vegetation. Erosion and runoff will be controlled by the stormwater control system to be installed for the site. With one possible exception, maximum slopes of the quarry have been designed as one vertical foot to one horizontal foot. Actual design o'fthe quarry will be done by the developer, the project landscape architect and represehtatives of Wi llama lane Park and Recreation District and will occur during blasting ind rock removal. The specific design will be subject to a site plan review process. The applicant proposes to design the oottom of the detention basin to meet City of Springfield stormwater system standaids as they relate to the MountainGate I . . Jo. No. ZON2004-0006 May 18,2004 Page 8 of 19 development. The submitted design'directs water into a low flow channel and controlled outlet into the City stormwater system and a natural channel. 8. Rattlesnakes were known to have been present on the subject property in past years. A herpetologist consultant surveyed the subject property in March and April for the presence of these reptiles. Besides visual observation of the topography of the quarry area, the consultant distributed 48 pieces of sheet metal which snakes and lizards are known to settle under in the spring and early summer months. A subsequent inspection of the sheet metal detected no rattlesnakes. The survey will continue through the late spring months and following blasting events. 9. The applicant has proposed to carry liability insurance from Travelers Indemnity Company. In general, this policy has a general aggregate liability of$2 million with a limit of $1 million for each liability occurrence. 10. Typical noise levels for the type of crusher proposed to be used on the subject property are about 66 dB,A at 1200 feet with an open light of sight into the crusher operation. The current plan calls for two crushing sites. Site A is located in the future detention pond area and is about 350 feet from the nearest house. The latter structure is about 40 feet lower and to the southwest ofthis crusher site. Site B is located on the north ridge of and near the top of Potato Hill and is over 900 feet from the nearest house. The latter structure is about 220 feet lower and to the southwest of this crusher site. The direct line of sight noise impact of the crusher at Site A on the nearest house will be 79 dB,A. The applicant proposes to construct a large berm between the crusher and the houses to the southwest. The berm'will block the line of sight between these two locations. The peak of the berm will be located about 180 feet from the crusher. The top of the crusher will have an elevation of623 mean sea level (msl) and the top of the berm will be set at an elevation of 629 msl. The berm is anticipated to lower the noise level by 15 dB and reduce the amount of noise impacting the nearest houses to 64 dB,A. Due to the distance between Crusher Site B and the nearest house (900 feet), the line of sight noise level from the crusher should be about 69 dB,A. Because the crusher site is located in a cut that nearly blocks the line of sight to the houses and because the ground slopes away from the site, a noise attenuation of about 6 dB,A is expected. Therefore, the crusher noise should be expected to' be in the range of 63 dB,A at the nearest house. Oregon Department of Environmental(DEQ) noise standards for continuous industrial noise is 55 dB,A. The crushing operation is temporary as it is being used for site I development and therefore is a DEQ exempt noise source. . . Jo. No. ZON2004-0006 May 18,2004 Page 9 of 19 11. The steel support members that underlie manufactured homes are much stronger and more elastic than the foundation and beam supports of conventionally constructed single- family homes. Manufactured homes are designed to withstand highway travel with all the attendant jolts and vibration without damage. Wall and ceiling material in manufactured homes also are typically lighter and 'stronger than those used in conventional wood frame homes and, as a result, are less susceptible to damage from vibration. 12. The Lane Regional Air Pollution Authority (LRAP A) regulates air quality within Lane County. Section 34-100.2, in conjunction with Table A, Part II, Item 42.c., ofLRAPA's rules require air contaminant discharge permits for portable rock crushers that process less than 300,000 tons of aggregate per year. Sections 32-010 and 32-015 ofLRAPA's rules, respectively, place opacity and size limitations on air contaminants. Finally, Title 48 ofLRAPA's rules regulate fugitive emissions such as dust from unpaved traffic areas, haul roads and mining and yarding activities. Preliminary Decision THE MCDOUGAL REQUEST FOR A DISCRETIONARY USE PERMIT TO ALLOW THE RECLAMATION OF A PRIVATE QUARRY ON A PORTION OF TAX LOT 303, ASSESSOR'S MAP 18-02-03 IS PRELIMINARILY APPROVED subject to the following proposed conditions of approval: I. The submitted Blasting and Operations Plans are adopted as conditioned by the Hearings Official and must be implemented iil the field and documented per industry standard reports. These reports shall be forwarded to the City at the end of any week that activity occurs for review and inclusion in the City's Discretionary Use file. 2. All consultant, contractor and sub-c'bntractor licenses, certifications, insurance and bonding information normally required by state and federal requirements for safe quarry and blasting operations must be submitted to the City for review and approval prior to the commencement of the proposed work. 3. The City of Springfield shall be added as an insured party to the owner/applicant or blasting contractor insurance policy in a manner and amount acceptable to the City Attorney. 4. In order for the City to be able to monitor fill on public and private properties and to provide safe public improvements and private building sites a Land and Drainage Alteration Permit (LDAP) may be nlXeSSalY to address the material specifications and final locations of processed materials, truck routes on site and ojJsite, electrical and water source locations, dewatering and temporary drainage locations and erosion control measures for operations and stockpile sites. If an LDAP permit is required by the City, it . . Jo. No. lON2004-0006 May 18,2004 Page 10 of 19 must be included in the Hearings Ofjicial's final decision so that the applicant has notice and the ability to challenge any of the requirements contained therein. Therefore, it is incumbent upon the City to provide the rationale for this permit and its scope in sufjicient detail to allow the Hearings Ofjicia/,to determine whether it is consistent with the applicable standards of approval. The applicant must submit required DEQ, DSL, LRAPA and USACOE permits for City revIew. 5. The estimated total amount ofrock extracted during the life of the quarry reclamation shall be tracked in industry standard status reports to the City of Springfield under the LDAP and Discretionary Use files. C[he quarried and/or crushed rock's ultimate destination on site shall be identifie9 to the extent practical. 6. The applicant shall submit a proposed testing and inspection program of materials generated by this project along with the inspecting firm's resume and qualifications for review and approval by the City Engineer. Quality control inspection of fill and aggregate materials proposed to be used within public rights-of-way shall be approved by the City Engineer in accordance' with industry standards. 7. The applicant must document that materials used in public improvements meet and/or exceed the minimum requirements for embankment and fill material in public rights-of- way in compliance with the City of Springfield Standard Specifications Sections 302, 303, and 305. 8. The applicant must submit a geotechnical report for the stability of the finished rough grading condition at the quarry/park site. I' . 9. Prior to cf)lshing operations, stockp iles of on-site aggegate material shall be p laced in accorrlance with the Noxon, PE, Mard13, 2004 memo to reduce crusher noise to adjacent neighborhoods. 10. The hours of operation shall be 8 am. to 6 p.m. for an activities. Day s of op eration for operations shan be Monday through Friday, eJl[;luding holidays. II'. Blasting at the quarry site shall be lilllited to 35 total work days and crushing at the work site shall be limited to 75 total work 'days over the two-year lite of the project. Additional crushing may occur at the alternate crushing location discussed by the applicant's acoustical engineer. The City may, at its discretion, extend the limitations if unanticipated difficulties are encountered . . 10. No. ZON2004-0006 May 18,2004 Page 11 of 19 12. The pre-blast notice and surveyingboundaries shall be measured from the southerly property line along the south side of the quarry site. In addition, all residents whose homes lie within 250 feet from the southern property line along the south side of the quarry and those residents on 57th Street that appeared (in writing or in person) at the hearing shall be offered a pre-blast structural survey. 13. Seismic and noise monitoring equipment must be immediate read-out models for monitoring reports. At least two monitoring stations shall be located near houses adjacent to the south and west of the quarry site and at least one monitoring station shall be located near the homes on S. 57th Street that sustained damage in previous blasting on the subject property. 14. The City of Springfield will be included in all pre-blast notice procedures. 15. Upon request, the Springfield Utility Board will be provided a pre-blast survey and lJound monitoring equipment during blasting. 16. A hazardous spill management plan shall be submitted for City review and approval prior to the commencement of work on site. This plan shall in no repsect be less stringent than the "Spill Prevention, Control and Countermeasure Plan" (revised 3/3/2004) authored by BJ Equipment Company, LLC. The approved plan must be kept on site and be available for review by City staff upon request. " 17. The app licant shall contract with a wildlife exp ert for ongoing survey and monitoring of rattlesnake populations and relocation of snakes found on the neighbor's property during blasting and crushing activities. 18. Under normal operations and unless authorized by the City, all rock will be moved from the quarry/park site to the construction areas north of the quarry using the proposed MountainGate Drive east and north of the quarry. 19. Dust must be controlled on-site by the use of mist bars on crushing equipment to the extent possible and watering of access and haul routes to and from the crusher site(s) as required by SDC provisions for public improvement projects, LRAP A permits and regulations, or if required as a part of an LDAP permit. PARTIES, INCLUDING THE APPLICANT,' HAVE UNTIL THE END OF THE BUSINESS I DAY OF MAY 28, 2004 TO REVIEW AND, COMMENT ON THIS PRELIMINARY DECISION. THE APPLIANT SHALL THEREAFTER HAVE UNTIL JUNE 4, 2004 FOR FINAL WRITTEN REBUTAL. . . Jo. No. ZON2004-0006 May 18, 2004 Page 12 of 19 THIS IS AN ON- THE-RECORD REVIEW AND NO NEW EVIDENCE WILL BE ACCEPTED. MODIFICATIONS, ADDITIONS OR DELETIONS TO THE PRELIMINARY CONDITIONS OF APPROVAL MAYBE PROPOSED. ARGUMENTS MAY ALSO BE PRESENTED THAT THE PRELIMINARY APPROVAL OF THIS DISCRETIONARY USE PERMIT IS NOT SUPPORTED BY THE EVIDENCE IN THE RECORD. Justification for the Decision (Conclusion) The subject property is identified in the MountainGate Master Plan as the site of a public park. The Springfield Hearings Official approved this plan in May of 1998 and applicable policies of that plan serve as approval criteria in this land use proceeding. Essentially, the Master Plan requires the development of detailed plans for detention ponds (Condition of Approval #28), the reclamation of the site to a condition suitable for a park, and the transfer of the land into public ownership (Condition of Approval #53b). [his application proposes to implement these conditions through the reclamation of the quarry site and the creation of detention ponds. The subject property is designated as Low Density Residential (LDR) by the Eugene-Springfield Metropolitan Area General Plan (Metro PI~n) and is zoned Low Density Residential-Urban Growth Boundary (LDR/UF-I 0) by the Springfield Development Code. Section 16.020(12) of the Springfield Development Code allows lleighborhood and private parks in the Low Density Residential District subject to discretionary use pennit approval. Applicable approval criteria for site preparation for a park are found in Section 10.030(1) of the SDC, which states: "A Discretionary Use may only be allowed if the (Hearing Official) finds that the proposal confonns with the following criteria:" (a) The proposed use shall conform with other permitted uses in terms of scale, lot coverage, design, intensity of use" and operating characteristics. The ultimate use of the subject property as a neighborhood park has been detennined by the approval of the MountainGate Master Plan. The reclamation of the quarry and creation of detention ponds are temporary uses that will result in a site that is suitable as a neighborhood park. The Low Density Residential District lllows attached single family and manufactured homes, boarding and rooming houses, iesidential homes, day care facilities and the I cultivation of undeveloped land as outright pennitted uses. Subdivisions of single family and manufactured homes are also alloJed outright and without limitation on size (number of units). Depending upon the size and location ofa subdivision, blasting and on-site crushing of rock may occur. . . Jo. No. ZON2004-0006 May 18,2004 Page 13 of 19 In one respect, the activities proposed by the applicant are less of a use, as enumerated in Section 16.020(1) of the Springfield Development Code, and more in the nature of site preparation. Thus, it is appropriate to judge the application in terms of whether, in terms of scale, lot coverage, design, intensity of use and operating characteristics, the proposed activities of blasting and crushing ate appropriate in relation to the adjacent residential area. Potential impacts include noise, structural damage from ground vibration and air " shock pressure, dust, danger from flying debris and disturbance from poisonous snakes. (Transportation impacts will be addressed under Section 1O.030(1)(b), below. Golden Terrace Subdivision and the Jasper Meadows Subdivision, residentially developed areas, lie adjacent to the west and south of the quarry site. Homes in the former subdivision are located less than 90 yards from the west quarry walls while other homes to the south are located about 150 yards from the central walls of the quarry. The remaining sides of the quarry site lie within the MountainGate Subdivision and are currently vacant. Scale/Design - Scale is a measure of proportionality of size among different objects. Design can be interpreted to refer to an architectural theme. These standards are probably not relevant to the blasting activity since it is not a tangible object that has shape or size. While the crusher has a physical presence and could conceivably be compared to adjacent residential uses, it will be sited behind rock berms either when it is located within the quarry pit or when it is located near. the top of Potato Hill. There will never be a light of sight between the crusher and the adjacent residential uses and therefore the scale and design of the crusher can have no impact on those uses. Currently, the quarry site is not of a scale and design that is consistent with the residential character of the adjacent properties to the west and south. It currently has 30 to 90-foot vertical walls along the majority of its north and east perimeter. The purpose of this application is to shape the quarry through blasting to make it into a neighborhood park that will be safe to use and also functional in the respect that it (the retention pond) will treat and manage stormwater that will be generated by the development of the MountainGate Subdivision. The concept that the quarry site will become a park has been integrated into the MountainGate Master Plan and the proposal is consistent with this adopted plan. The actual design of the quarry will occur during the blasting and rock removal but several operating guidelines ensure that the resulting product will be attractive and useable by the public: banks will be sloped no steeper than one foot vertical to two feet horizontal to a water depth.ofthree feet below the low water mark and to three feet above the high water mark; grading will be done so as to establish safe access to and egress from the water for persons dnd wildlife; a vertical wall spillway will be created; the contours of the quarry walls that ex~eed 45 degrees will be benched with a ratio not I to exceed one and one-half feet vertical to one foot horizontal with benches being at least I ten feet in width; and some form of trail system will be incorporated. In conclusion, the . . Jo. No. ZON2004-0006 May 18,2004 Page 14 of 19 scale and design of the rehabilitated quarry site will be such that it will be suitable for a neighborhood park to serve the exis~ing residential development to the west and south and the proposed MountainGate development. Lot coverage - The difficulty in applying the criterion oflot coverage to the proposed uses is similar in nature to that of "scale." The blasting does not have "lot coverage," per se, and will occur through out the quarry site as the walls of the quarry are shaped and the detention pond is formed. The issue of the crusher's "lot coverage" is also largely moot as it will not be visible to the surrounding residential uses, will not increase residential density in the area and, additionally, will be of a temporary nature. " Intensity of use - This criterion is most applicable to the proposed blasting regime. The intensity of the blasting will largely 'determine the amount of noise that is generated, the potential for rock throw, and the potential for harmful ground vibrations or blast-generated air pressure. The applicant's blasting plan includes reduced strength, test blasts that will allow the calculation of reasonable blasting parameters. These blasts will primarily be used to verify that adjacent homes will not be adv~rsely affected by the blasting program. Based upon the test blasts, the blast hole explosive loading will be calculated to achieve an intensity that will limit the potential for dangerous vibration or noise. Noise and rock throw will be controlled through this technique and through proper stemming of the blast hole. Seismic and sound measuring devices will be placed at the homes closest to the quarry site and near homes on 57th Street that sustained damage from past blasting events. It can be concluded that the test blasts and c~nstant monitoring of seismic and sound impacts will allow the applicant to accomplish tll,e stated objective (i.e., create a detention pond and shape the quarry walls) without umeasonably endangering the neighborhood residents or their properties. Primary impacts from the operationi'ofthe crusher will be from dust and noise. Condition of Approval #19, that requires the Jse of mist bars, also addresses dust control through the watering of access and haul routes to and from the crusher site. Condition of Approval #19 also requires compliance with applicable LRAP A air quality regulations that are applicable to dust emissions from portable rock crushers and the use of haul roads. Noise from the crusher is addreJsed in two respects. First, the crusher may only I operate during normal business hours, between 8 am and 6 pm, Monday through Friday. I Second, a rock berm shall be constructed between the crusher and the houses to the west and south so there is no line of sightb~tween the crusher and those locations. The intensity of use of the proposed pLk cannot be assessed at this time as final design has not been established. However, thelfinal park design must be approved through a discretionary use permit process of its own. At this time a determination cannot be made I . . Jo. No. ZON2004-0006 May 18, 2004 Page IS of 19 as to whether the proposed intensity of use will be consistent with the residential character of the surrounding properties. Ooeratine: characteristics - The activities associated with this application are essentially the blasting of rock, transporting the rock to the crusher, crushing the rock and either stockpiling the rock or transportingiit to locations within the MountainGate Subdivision for use. These activities have operating characteristics that are both common and unique. . Blasting - Blasting, like all other activities associated with this application, is limited to the hours of 8 a.m. to 6 p.m., Monday through Friday, excluding holidays. Further, blasting will be limited to a maximum of35 total workdays over a two-year period. The applicant's blasting plan calls for one phase of blasting that will set the stage for the reshaping of the quajTY walls and the formation of the detention pond and wetland mitigation site. Blasts will be controlled through a limitation on the size of the blasts and the manner in which the blasts are conducted. For instance, the amount of explosive loading, is limited and the blast holes are sized according to the restriction on the amount of fractured rock created per blast (5,000 cubic yards). Noise and rock throw are contained through proper blast hole stemming techniques. Blast safety provisions include restrictive access during times of blasting, the limitation on explosive material per blast, proper stemming techniques and the use of blasting mats when necessary to control fly rock, and the off-site storage of explosives. No exposed det<;nation cord will be used and blast sites will be examined after each blast for the presence of undetonated explosives. Finally, blast events will be timed so as not to coincide with the presence of school buses in the area. Other potential impacts from blasting are the generation of startling noise from a blast and damage to structu~es from ground vibrations. In regard to the first impact, all residents whose homes lie within 500 feet of the southern property line along the south side of the quarry, the City of Springfield, the Willamalane Park & Recreation District, and the Springfield Utility Board, shall receive written notification not more than six hours nor less than 30 minutes prior to a detonation. This notice will include the approximate time of the blast. In regard to the potential for structural damage, the applicant will conduct test blasts and monitor each blast with seismic and acoustic equipment. As a condition of approval, at least three monitoring stations shall be utilized: two located on the eastern perimeter of the Goldm Terrace Subdivision and at least one located near the residences on S. 57th Street th,at suffered structural damage frompast blasting at the . . Jo. No. ZON2004,0006 May 18,2004 Page 16 of 19 quany site. Further, all residents whose homes lie within 250 feet from the southern property line along the south side of the quarry and those residents on 57th Street that appeared (in writing or in person) at the hearing shall be offered a pre-blast structural survey. Finally, the applicant shall maintain insurance comparable to that described in Condition of Approval #3. A final potential operating characteristic of blasting is the disturbance of wildlife. . While there are no threatened or endangered species identified in the area around or within the blasting site, there is a possibility that rattlesnakes will be disturbed and may migrate towards th~ homes to the west and south of the quarry. As a condition approval, the applicant shall retain a herpetologist/wildlife expert to survey and monitor the snake population on an on-going basis during the time when blasting occurs. . Crushing - Crushing will be limited to the hours of 8 a.m. to 6 p.m., Monday through Friday, excluding holidays. Further, this activity will be limited to a . maximum of75 total workdays over a two-year period. Since the rock crushing will be a temporary use tharis associated with construction, it is not subject to DEQ noise standards of 55 dB,A for for continuous industrial noise. However, the strategic placement of rock berms, as suggested by the applicant's acoustical engineer, will mitigate the noise level to a somewhere around 63 to 64 dB,A. The crusher noise will be temporary in duration and will be confined to weekdays during normal business hours. Dust from the crusher will be mitigated through the use of mist bars installed on I the crushing equipment. Further, the crusher operation will be subject to LRAP A air quality regulations regarding air contaminant discharge permits, particulate size, and opacity. Dust from the transportation of rock to and from crusher sites is also subject to LRAP A air quality regulations, particularly those found in Title 48 of LRAP A's rules. As a condition of approval, haul roads and access roads shall be watered on a basis sufficient to comply with applicable LRAPA's air quality regulations. . Park - The operating characteristics of the proposed park will be addressed through a separate discretionary use permit process. Section 24.050 of the Springfield Development Code contains standards for quarry and mine extraction operations and reclamation. While these standards are only applicable to property zoned QMO - Quarry and Mine Operations, they are useful for comparative purposes in regard to the present application. The applicant's submittal compares the proposal with Sections 24.050 and 24.060 of the SDC on pages 7 through 13 of its application for a discretionary use. The Hearings Official has reviewed this analysis and . . 10. No. ZON2004-0006 May 18,2004 Page 17 of 19 the applicant's conclusion that the discretionary use application, as proposed, would comply with Sections 24.050 and 24.060 of the SDC were they to be applicable. 1 concur. 1 conclude that the proposed use for the reclamation of a quarry conforms to other permitted uses in the LOR District, in terms of scale, lot coverage, design, intensity of use and operating characteristics. (b) The proposed use shall not generate more traffic on local streets or more demand for public facilities than would permitted uses in the same zoning district. It is estimated that if the amount of rock necessary for the MountainGate development was delivered from off-site sources; it would generate, depending upon the size of the trucks used, between 13,000 and 25,000 truck trips to and from the development. Depending upon the off-site source of the rock, these trips would affect either 58th Street or Main Street. Under the current proposal, on-site generation and processing of aggregate material would generate less traffic on local streets than would be generated by a similar-sized and configured residential development. Impacts of traffic generation by the proposed park will be examined in a subsequent discretionary use permit process. The proposed blasting and crushing will not use sewer or water and probably a modicum of electrical power. While the actual utilization by the park of public facilities is not known, it is unlikely that it will be ih excess of a normal residential use. The discretionary use permit process for the park will examine this issue in more detail. I conclude that the proposed discretionary use for the reclamation of a quarry will not generate more traffic on local streets or more demand for public facilities than would permitted uses in the LOR District. (c) The proposed use conforms with applicable Metro Plan policies and applicable descriptions of Land Use Designations shown on the Metro Plan Diagram. Expansion of an existing Discretionary Use shall be exempt from conformance with Metro Plan land use designation descriptions. The subject property is designated as Low Density Residential (LOR) by the Metro Plan and, in accordance with this plan designation, is zoned Low Density Residential-Urban Growth Boundary (LDR/UF-IO) by the Springfield Development Code. The LOR District allows parks subject to a discretionary use permit. Site preparation for residential development is a permitted use in the !cOR District. Applicable Metro Plan policies are as follows: . . Jo. No. ZON2004-0006 May 18,2004 Page 18 of 19 1. Environmental Design EI~ment - Policy 8 - Site planning standards developed by local jurisdictions shall allow for flexibility in design that will achieve site planning objectives while allowing for creative solutions to design problems. This Policy has been implemented within the approved design and conditions of approval for the MountainGate Master plan. This request to allow quarry reclamation for open space ]!se and storm water detention is consistent with the plan and conditions of approval. Once reclamation of the quarry is complete and final approvals for storm drainage and wetland mitigation are gained from the City of Springfield, the Oregon Department of State Lands and the Army Corps of Engineers, a site plan will be developed by Willamalane to address specific design details for the park development. 2. Parks and Recreational Facilities Element - Policy 3 - Accelerate the acquisition of park land in projected growth areas by establishing guidelines determining w~ere and when developers will be required to dedicate land for park and recreation facilities, or money in lieu thereof, to serve their developments. A major component of the MountainGate Master Plan is the integration of a residential development and large areas of open space (Mountain Park, West Park, Quarry Park and connecting access ways). The Master plan has specific conditions for the timing of agreements between Willamalane and the developer and for changing the plan designation and zoning of approximately 90 acres to park and open space. See Master Plan Conditions 28, 53.b, and 55. This application to reclaim the q\larry in preparation for its use as park and open space implements Condition 28 of the Master Plan that requires the conversion and other conditions of approval adopted by the Master Plan to implement this Policy. 3. Environmental Resources Element - Policy 11 - Local governments shall continue, through land use planning and special regulations, to control sand and gravel extraction aJd production in order to: , I a. Minimize negative ef~ects on surrounding land uses, on air and water quality, and on iother natural resources. b. Require reclamation plans for extraction and processing areas which encourage reuse of su~h lands in a manner compatible with adjacent land uses, adopted plins, and in accordance with state law. c. Allow other appropriate uses, such as agricultural production, timber I production, parks and other open space uses. . . Jo. No. ZON2004-0006 May 18,2004 Page 19 of 19 The only area directly impacted by the reclamation will be the quarry site itself. Adjacent land will not be mined. A blasting plan and a mining operations plan has been developed to control activity such that it minimizes potential negative impacts upon nearby residential development as much as possible. One purpose of the mining is to create detention facilities within a storm water system designed to maintain volume and the quality of water flowing from the adjacent future residential development. The reclamation proposed will result in a site that will be used as open space under the ownership and control of the Willamalane Park District. This is in conformance with the adopted MountainGate Master Plan and the ESEE analysis for the MountainGate property. Use of the area as a neighborhood park is a use allowed within the Metro Plan definition of the residential land use designation. 4. Transportation Element - Policy F.B - Support transportation strategies that enhance neighborhood livability. Through the lengthy proces~ of constructing street, infrastructure and homes within the MountainGate project traffic impacts within the 58th Street/Mt.Vernon neighborhood can be lessened by reclamation ofthe quarry to allow on-site use of the aggregate resource. Onsite use of the 100,000 cubic yards of material produced through the reclamation pro~ess could eliminate up to 25,000 truck trips that would otherwise travel to and from the site on public streets. I conclude that the proposed discretionary use for the reclamation of a quarry is consistent with applicable policies of the Metro Plan. Conclusion The proposed discretionary use for the recl~mation of a quarry, as conditioned by the preliminary decision, is consistent with Section 10.030(1) of the SDC. Respectfully Submitted, ~~ Springfield Hearing Official