HomeMy WebLinkAboutNotice PLANNER 6/4/2004
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Date Received: 0- 4- '04-
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AFFIDAvIT OF SERVICE
STATE OF OREGON)
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County of lane
I, Karen laFleur, being first duly sworn, do hereby depose and say as follows:
1. I state that I am a Clerk III for the Planning Division of the Development Services
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Department, City of Springfield, Oregon.
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2. I state that in my capacity as Clerk III, I repared and caused to be mailed copies
?oN ZoO,/-oooor,. ,. ..t:L. ,
of '~' oF /I.' , Ou . (see attachment 'An) on
(0/ if ' 2004 adClressed to (see Attachment Bn), by causing said letters to be
pladed in a U.S. mail box with postage fully prepaid thereon.
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f< fJJLu( d!; ~d-' LLU{
KAREN LaFLEUR II -
STATE OF OREGON, County of lane
,'2004. Personally appeared the above named Karen laFleur, Clerk III,
knowledged the foregoing instrument to be their voluntary act. Before me:
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My Commission Expires: //;2-/0'1
OFFICIAL SEAL
SANDRA MARX
NOTARY PUBLIC. OREGON
COMMISSION NO. 340248
MV COMMISSION EXPIRES NOV. 12. 2004
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Lane Council of Governments
99 East Broadway, Suite 400, Eugene, Oregon 97401,3111 (541) 682-4283 Fax: (541) 682-4099 TTY: (541) 682-4567
June 4, 2004
RECEIVED
JUN 0 4 2004
BY: I:i~
Mel Oberst, Planning Supervisor
Development Services
City of Springfield
225 5th St.
Springfield, OR 97477
Re: Planning Journal #ZON2004-0006
Dear Mel:
Please find the attached decision approving of the McDougal request (Jo. No.
ZON2004-0006) for discretionary use approval for the reclamation of a former private
quarry site.
If you have any questions regarding this decision please call me at 682-4431.
Sincerely,
~el~~
Springfield Hearings Official
Cc: Mr. Jim Donovan
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RECEIVED
JUN 0 4 2004
BY: Iff(
SPRINGFIELD HEARINGS OFFICIAL
FINAL 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 (SDC) 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 June 2, 2004
Final Decision Date:
June 4, 2004
Appeal Deadline
An appeal must be filed with the Oregon Land Use Board of Appeals within twenty-one (21)
days from the day this decision became final. [ORS 197.830(9)]
Statement of Criteria and Standards
Section 3.050 Springfield Development Code
Section 10.030 Springfield Development Code
Section 16:020(12) Springfield Development Code
Article 37 Springfield Development Code (MountainGate Master Plan Approval: Planning
Journal 1995-02-0039)
Eugene-Springfield Metropolitan Area General Plan
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Jo. No. ZON2004-0006
June 4, 2004
Page 2 of 20
Facts Relied Uuon (Findings)
1. 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 (LDR/UF-IO) by the Springfield Development Code (SDC). Section
16.020(12) of the SDC allows parks subject to a discretionary use permit process.
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2. On May 13,1998, the Springfield Hearings Official approved the MountainGate Master
Plan (Jo. 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 ilPplicant is preparing to begin construction of Phase I
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.
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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.
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Jo. No. ZON2004-0006
June 4, 2004
Page 3 of 20
3. The requested discretionary use permit is to allow the reclamation of the 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 and 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 desigil ofthe neighborhood park. Incorporating rough
grading of the required storm water detention facilities in the first step of quarry
reclamation is consistent with the current 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 walls 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 or early summer of2004. Site preparation and
blasting would be comp leted' within a period of ap p roxinntely 4-6 weeks
although the approximate number ofworkdays fur blasting under ideal
conditions is around 30 days. Blasting will occur in 5,000 cubic yard
increments.
b. Phase 2 will consist of the reshaping of quarry walls and the removal of
rock from the detention pond. The detention basin will be nearly 2 acres
in size and will be large enough to accept and control stormwater in
extreme events (100+ year storms). 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 specified locations during most (10 to 25 year)
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Jo. No. ZON2004-0006
June 4, 2004
Page 4 of 20
stonn events. The remaining area would then be useable for recreation
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 formation of the detention
pond would be extracted anq be compacted in place within the subdivision
beginning in early summer 2004. The material may otherwise be stockp iled
to anow creation ofthedete~tion basin as early as possible, preferably in
2004.
c. Phase 3 is basically a continuation of Phase 2 and will involve the rermval
ofrock and shaping of the wetland mitigation site. The site will then be
covered with soil and ve~tated. (The DSL/USACOE pennits require the
wetland site to be developed by fan of 2006). The wetland mitigation area
located between future MountainGate Drive and the detention basin has
been approved by the Oregon Division of State Lands and the Army
Corps of Engineers to replace wetland areas to be filled within Phase I of
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the MountainGate development.
d. The rock crushing operation will occur conclDTently with Phases 2 and 3
of the MountainGate Subdivision development. It is anticipated that the
crushing will be comp leted lly the end of 2005 but is desired for
completion by the end of2004. The approximate number of workday s for
crushing (60,000 cubic y ard~) under ideal conditions is sixty days.
e. Placement and use of the majority of rock is expected to be comp leted by
the end of2005 (depending upon city approvals and progess of
construction.). Stockpiled materials however will remain on site until used
in the subdivision development proj::ct.
The nearest houses to the quarry walls (west end), located within the Golden Terrace
Subdivision, are approximately 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 120yards from the nearest house. The future wetland area where
stockp iles for screening are prop osed 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 permitted 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
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Jo. No. ZON2004-0006
June 4, 2004
Page 5 of 20
the plaster ceilings in homes located on South 57th 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.
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The soil overburden that once cover,ed 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 bhisting regime will cpnsist of blasting, crushing and hauling of the rock to
the northerly construction areas on the MountainGate site. Estimates of the material
needed for the construction of the MountainGate development amount to about 100,000
cubic yards of crushed rock and 100,000 cubic yards of pit run material. Reclamation of
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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
sub grade and trench ba~kfill.
5. The blasting regimen proposed by the applicant was based upon 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. Mr. Kris Jeremiah of
the firm BJ Equipment is the licensed and bonded blasting contractor that will implerrent
the blasting plan.
The Blasting Plan includes test blasts and ground surveying equipment to set charge
strengths and rrxmitor vibration in tHe blast area and at adjacent residences. These test
blasts, used with the pre-blast surveys, will consist of two reduced-size test blasts that
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will be monitored at seismic recording equipment located near adjacent residences to
calculate subsequent blasting parameters. The ffjuipment will be of a continuous read-out
type to generate immediate monitoring results. The Blasting Plan provides fur a one-time,
written notification of residents within 1800 feet west and 1300 feet north of the blasting
area. This notice, which will be mail~d at least two days prior to the beginning of blasting
activity, will provide the resident wi~h information regarding normal blast days and times
and exp lain that air horn signals will be used just prior to blasting and as an "all clear"
signal. In addition, residents will be apprised of a phone number that they may call to
ascertain the next day's blasting sch~dule. Records of each bhist will be rmintained for at
least two years following that blast. erhe records shall contain the following information
regarrling each blast:
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Jo. No. ZON2004-0006
June 4, 2004
Page 6 of 20
a. Name of quarry ;
b. Date, time and location of the blast;
c. Description ofthe type of eXplosives and accessories used;
d. Time interval of delay in milliseconds;
e. Number of different delays; I
f. Number of holes per delay;'
g. Nominal explosive weight per hole;
h. Total exp losive weight per delay; .
1. Total weight of explosives per blast;
J. Blast hole diameter, depth, spacing 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 no 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 and 1.15. Vertical blast holes will be three (3) inches in
diameter and will be drilled in depth 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 t~p 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 controlled within acceptable levels, additional material will be brought in to cover the
blast or blasting mats will used.
During the loading of explosives and the subsequent blasting, the number of personnel
permitted in the shot area will be restricted to the absolute minimum number necessary to
accomplish the task. Non-employees, with the exception ofregulatory personnel
connected with the project, will not be permitted to remain within the shot area.
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Jo. No. ZON2004-0006
June 4, 2004
Page 7 of 20
Individuals not connected with the project will not be permitted to observe blasting and
blasting will only be done after guards have been placed at all access points and the
Blaster-in-Charge blaster has dete~ined that the area is clear of people. No blasts will be
made during periods when school bpsses are scheduled to be passing through the area.
Following a blast, the blast site will: be thoroughly examined for any undetonated
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 it is likely that only one alternative site will be necessary. This site is
identified as Site B and is located on the north ridge of Potato Hill. The second alternative
crushing site is not within the line of site of adjacent residential areas and no sound
protection will be necessary if this site is ever used. 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 of rock 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 ofBeltline 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 of the quarry will be done by the developer, the
project landscape architect and representatives of Wi llama lane Park and Recreation
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Jo. No. ZON2004-0006
June 4, 2004
Page 8 of 20
District and will occur during blastillg and rock removal. The specific design will be
subject to a site plan review process.
The applicant proposes to design the bottom of the detention basin to meet City of
Springfield stormwater system standards as they relate to the MountainGate
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 witry 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 hearest house. The latter structure is about 40 feet
lower and to the southwest of this crusher site. Site B is located on the north ridge of and
near the top of Potato Hill and is o,:,er 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 of 623 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 tile 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 tobe in the range of 63 dB,A at the nearest house.
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Jo. No. ZON2004-0006
June 4, 2004
Page 9 of 20
Oregon Department of Environmental (DEQ) noise standard for continuous industrial
noise is 55 dB,A. The crushing operation is temporary as it is being used for site
development and therefore is a DE(> exempt noise source.
II. The steel support members that un~erlie 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 (LRAPA) 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 disch,!rge permits for portable rock crushers that process
less than 300,000 tons of aggregate per year. Sections 32--010 and 32-015 ofLRAP A'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 ~ctivities.
Final 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 APPROVED subject to the following conditions of approval:
1. The submitted Blasting and Operations Plans are adopted as conditioned by the Hearings
Official and must be implemented in the field and documented per industry standard
reports. These reports shall be fo~arded 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-contractor 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.
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3. The City of Springfield shall be added1as an insured party to the owner/applicant or
blasting contractor insurance policy inla manner and amount acceptable to the City
Attorney. I
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4. The City has requested that it have the!authority to require a Land and Drainage
Alteration Permit (LDAP) if, in the future, they believe one is necessary. However, the
applicant has submitted operations, bl~sting, hazardous spill and erosion prevention
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Jo. No. ZON2004-0006
June 4, 2004
Page 10 of 20
plans that were apparently acceptable to City staff and have been found to be sufficient
by this hearings official. An LDA~ is appropriate only if it is necessary to ensure
compliance with the applicable approval standards. This analysis cannot be delegated to
staff. However, I will retain jurisdiction over this issue and if, at a later date, the City
believes that an LDAP is necessary because of changes in operations or the submitted
plans have been ineffective, a request for a hearing on this matter can be scheduled and
this decision may be modified accordingly.
The applicant must submit required DEQ, DSL, LRAP A and USACOE permits for City
review.
5. The estimated total amount of rock 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. The quarried and/or crushed rock's ultimate
destination on site shall be identified to the extent practical. The intent of this condition is
to track the general quantity and location of materials moved from the quarry. The
"report" of rock placement shall be due to the City within 90 days of the completion of
the quarry reclamation project.
6. The applicant shall submit a propoSed testing and inspection program of materials
generated by this project along witl) 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.
9. Prior to crushing operations, stockpiles of on-site aggegate material shall be p laced in
accordance with the Noxon, PE, March 3, 2004 memo to reduce crusher noise to adjacent
neighborhoods.
10. The hours of operation shall be 8 am. to 6 p.m. for all activities related to the quarry
reclamation operation. The area encompassingthe detention pond its slopes, and the
wetland mitigation site cannot be used as a staging area for equipment involved in the
normal construction activities related to the M ountainGate Subdivision. Other portions of
the nine-acre subject property may \le used for the occasional parking of equipment
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Jo. No. ZON2004-0006
June 4, 2004
Page II of 20
involved in those normalconstructDn activities. Days of operatDn for quarry reclamation
operations shall be Monday througI; Friday, excluding holiday s.
II. Blasting at the quarry site shall be limited 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
12. Seismic and noi'3e monitoring equiprrent must be immediate read-out models for
monitoring reports. At least two mtjritoringstations 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
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prevDus blasting on the subject property.
13. Pre-blast notice shall, at a minimum, consist of the following. A one-time, written
notification of residents within 500 feet ofthe blasting area. This notice will
provide the resident with informatD'n regarding normal blast days and times and
exp lain that air horn siglals will be used just prior to blast ing and as an "all clear"
signal. In addition, residents will be apprised of a phone number that they may call
to ascertain the next day's blasting sphedule. The City of Springfield and the
Springfield Utility Board will be included in all pre-blast notice procedures.
14. The pre-blast notice and surveying boundaries shall be measured from the
southerly property line along the soj,tth side of the quarry site. Residents whose
homes generally lie within 250 feeffrom the southern property line along the
south side of the quarry, more specifically identified on the applicant's
"Proposed PreBlast Survey Locatio'ns" map (Revised 5-25-04), shall be offered
a pre-blast structural survey. In addition, those residents on 57th Street that
appeared (in writing or in person) at the hearing shall be offered a pre-blast
structural survey.
15. Upon request, the Springfield Utilit)-' Board will be provided a pre-blast survey
and gound 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 respect 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.
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Jo. No. ZON2004-0006
June 4, 2004
Page 12 of 20
17. The app licant shall contrnct with a wildlife expert 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 unles~ 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 acc~ss and haul routes to and from the crusher site(s) as
required by SDC provisions for public improvement projects, LRAPA permits and
regulations, or if required as a part of an LDAP permit.
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:Jor 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). This 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 Pl~n) and is zoned Low Density Residential-Urban
Growth Boundary (LDR/UF-lO) by the Sp'ringfield Development Code. Section 16.020(12) of
the Springfield Development Code allows l,Ieighborhood and private parks in the Low Density
Residential District subject to discretionary use permit 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 ti-Jay only be allowed if the (Hearing Official) finds that
the proposal conforms 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 determined 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 allows attached single family and manufactured
.
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Jo. No. ZON2004-0006
June 4, 2004
Page 13 of 20
homes, boarding and rooming houses, residential homes, day care facilities and the
cultivation of undeveloped land as outright permitted uses. Subdivisions of single family
and manufactured homes are also allowed outright and without limitation on size (number
of units). Depending upon the size and location of a subdivision, blasting and on-site
crushing of rock may occur.
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, inten~ity of use and operating characteristics, the proposed
activities of blasting and crushing are 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(l)(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 li~ within the MountainGate Subdivision and are
currently vacant.
ScalelDesi~n - 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 line 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 prbperties to the west and south. It currently has 30
I
to 90--foot vertical walls along the majority of its north and east perimeter. The purpose
of this application is to shape the quady through blasting to make it into a neighborhood
park that will be safe to use and also flmctional in the respect that it (the retention pond)
will treat and manage stormwater that ~ill 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 guidelinbs ensure that the resulting product will be
attractive and useable by the public: b~nks will be sloped no steeper than one foot vertical
,
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Jo. No. ZON2004-0006
June 4, 2004
Page 14 of 20
to one and one-half feet horizontal to one foot vertical to four feet horizontal; grading will
be done so as to establish safe access to and egress from the water for persons and
wildlife; a vertical wall spillway will be created; the contours of the quarry walls that
exceed 45 degrees will be benched with a ratio not to exceed one foot vertical to one and
one-half feet horizontal with benches generally varying between four and ten feet in
width; and some form of trail system will be incorporated. In conclusion, the scale and
design of the rehabilitated quarry site will be such that it will be suitable for a
neighborhood park to serve the existing residential development to the west and south and
the proposed MountainGate development.
Lot coverage - The difficulty in applying the criterion of lot 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 adversely 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 ofthe 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 constant monitoring of seismic and sound impacts will
allow the applicant to accomplish the stated objective (i.e., create a detention pond and
shape the quarry walls) without unreasonably endangering the neighborhood residents or
their properties.
Primary impacts from the operation of the crusher will be from dust and noise. Condition
of Approval #19, that requires the use 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 addressed in two respects. First, the crusher may only
operate during normal business hours, between 8 am and 6 pm, Monday through Friday.
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Jo. No. ZON2004-0006
June 4, 2004
Page 15 of 20
Second, a rock berm shall be constructed between the crusher and the houses to the west
and south so there is no line of sight between the crusher and those locations.
The intensity of use of the proposed park cannot be assessed at this time as final design
has not been established. However, ,the final park design must be approved through a
discretionary use permit process of its own. At this time a determination cannot be made
as to whether the proposed intensitY of use will be consistent with the residential
character of the surrounding properties.
Operating: 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 transporting it 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 of 35 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 qua1TY 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 detonation 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 structures 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 a
one-time written notification of blasting procedures. This notice will include the
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Jo. No. ZON2004-0006
June 4, 2004
Page 16 of 20
approximate days and times, of blasting, information about pre- and post-blast
signals, and a phone number to call regarding the next-day's blasting schedule. In
regard to the potential for stiuctural 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 Goldffl Terrace Subdivision and at least one located near
the residences on S. 57th Street that suffered structural damage from past blasting at
the quarry site.
Further, all residents whose homes that generally lie within 250 feet from the
southern property line along the south side of the quarry (as qualified by the
applicant's May 25, 2004 "Proposed PreBlast Survey Locations" map) 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 the 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 of 75 total workdays over a two-year period. Since the rock crushing
will be a temporary use that is associated with construction, it is not subject to
DEQ noise standards of 55 dB,A for continuous industrial noise. However, the
strategic placement ofrock 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
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
LRAPA'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.
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Jo. No. ZON2004-0006
June 4, 2004
Page 17 of 20
. Park - The operating characteristics of the proposed park will be addressed
through a separate discretionary use permit process.
Section 24.050 of the Springfield D~velopment 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
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. I concur.
I conclude that the proposed use for the reclamation of a quarry conforms to other
permitted uses in the LDR 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 p'ermitted 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 ptoposal, 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.
(c)
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 propose~ discretiodary use for the reclamation of a quarry will not
generate more traffic on local streets orimore demand for public facilities than would
permitted uses in the LDR District. I
The proposed use conforms with applicable Metro Plan policies and applicable
descriptions of Land Use Designatiotis shown on the Metro Plan Diagram.
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Jo. No. ZON2004-0006
June 4, 2004
Page 18 of 20
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 di~cretionary use permit. Site preparation for residential
development is a permitted use in the LOR District.
Applicable Metro Plan policies are as follows:
I. Environmental Design El~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 use 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 developII)ent.
2. Parks and Recreational Facilities Element - Policy 3 - Accelerate the
acquisition of park land in projected growth areas by establishing
guidelines determining where 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 quarry 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.
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Jo. No. ZON2004-0006
June 4, 2004
Page 19 of 20
3. Environmental Resources Element - Policy 11 - Local governments shall
continue, through land use planning and special regulations, to control
sand and gravel extractio~ and production in order to:
a. Minimize negative effects on surrounding land uses, on air and
water quality, and on other natural resources.
b. Require reclamation plans for extraction and processing areas which
encourage reuse of,such lands in a manner compatible with adjacent
land uses, adopted plans, and in accordance with state law.
c. Allow other appropriate uses, such as agricultural production, timber
production, parks and other open space uses
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 reside~tial 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.13 - Support transportation strategies
that enhance neighborhood livability.
Through the lengthy process of constructing street, infrastructure and homes
within the MountainGate project traffic impacts within the 58th Street/Mt.Vernon
neighborhood can be lessene,d by reclamation ofthe quarry to allow on-site use of
the aggregate resource. Onsi\e use of the 100,000 cubic yards of material produced
through the reclamation process 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.
.
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Jo. No. ZON2004-0006
June 4, 2004
Page 20 of 20
Conclusion
The proposed discretionary use for the reclamation of a quarry, as conditioned by this decision,
is consistent with Section 10.030(1) of the SDC.
Respectfully Submitted,
~~~
Springfield Hearing Official
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, ,
CITY OF SPRINGFIELD
, DEVELOPMENT SERVICES DEPARTMENT
225 5th ST.
SPRINGFIELD, OR 97477
Jesse Miller
883 S 57th Street
Springfield, OR 97478
CITY OF SPRINGFIELD
'oEVELOPMENT SERVICES DEPARTMENT
225 5th ST.
SPRINGFIELD, OR 97477'
;1 .
" ,
Robert Shelby
5729 Main Street #258
Springfield, OR 97478
CITY OF SPRINGFIELD
DEVELOPMENT SERVICES DEPARTMENT
225 5th ST. '
SPRINGFIELD,OR97477
Don Horton
780 S 57th Street
Springfield, OR 97478
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CITY OF SPRINGFIELD
DEVELOPMENT SERVICES DEPARTMENT
225 5th ST.
SPRINGFIELD, OR 97477
Mike Evans
1071 Harlow Road
Springfield, OR 97477
CITY OF SPRINGFIELD
DEVELOPMENT SERVICES6EPARTMENT
225 5th ST.
SPRINGFIELD. OR 97477
J.R. "Dick" Daniel
12010 NW Lovejoy
Portland, OR 97229
. , ,~ '
, CITY OF SPRINGFIELD
DEVELOPMENT SERVICES DEPARTMENT
225 5th ST.
SPRINGFIELD, OR 97471
Kristofer R. Jeremiah
PO Box 543
Cottage Grove, OR 97424
~YVM:t-'( B "
.
j
CITY OF SPRINGFIELD
DEVELOPMENT SERVICES DEPARTMENT
225 5th ST.
SPRINGFIELD, OR 97477
Dan Kingrey
PO Box 29
Springfield, OR 97477
CITY OF SPRINGFIELD
DEVELOPMENT SERVICES DEPARTMENT
225 5th ST.
SPRINGFIELD, OR 97477 .
Greg Hyde
Willamalane Parks
200 So Mill Street
Springfield, OR 97477
CITY OF SPRINGFIELD
DEVELOPMENT SERVICES DEPARTMENT.
225 5th ST.
SPRINGFIELD, OR 97477
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Councilor John Woodrow
c/o CMO - City of Springfield
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CITY OF SPRINGFIELD
DEVELOPMENT SERVICES DEPARTMENT
225 5th ST.
SPRINGFIE~, OR 97477
j Dennis and Linda Campbell
850 S 57th Street
Springfield, OR 97478
CITY OF SPRINGFIELD
DEVELOPMENT SERVICES DEPARTMENT
225 5th ST.
SPRINGFIELD, OR 97477
.
"'
Helen Murdoch
840 S. 57th Street
Springfield, OR 97478
CITY OF SPRINGFIELD
DEVELOPMENT SERVICES DEPARTMENT
225 5th ST.
SPRINGFIELD, OR 97477
:
Neil Goldsberry
5938 Kalmia Lane
Springfield, OR 97478
. .
'CITY OF SPRINGFIELD. .' .
DEVELOPMENT SERVICES DEPARTMENT
. 225 5th ST. .
SPRINGFIELD, OR 97477
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frv OF SPRINGFIELD
DEVELOPMENT SERVICES DEPARTMENT
225 5th ST,
SPRINGFIELD, OR 97477
Thomas Heath
855 S 57th Street
Springfield, OR 97478
Barbara & Donald Peterson
5986 Kalmia Lane
Springfield, OR 97478
CITY OF SPRINGFIELD .
DEVELOPMENT SERVICES DEPARTMENT
225 5th ST.
SPRINGFIELD, OR 97477
CITY OF SPRINGFIELD
DEVELOPMENT SERVICES DEPARTMENT
225 5th ST.
SPRINGFIELD, OR 97477
Deanne & Kevin Hauck
894 S 67th Street
Springfield, OR 97478
Gerald and Darlene Spencer
5996 Lilac Lane
Springfield, OR 97478
CITY OF SPRINGFIELD
DEVELOPMENT SERVICES DEPARTMENT
225 5th ST.
SPRINGFIELD, OR 97477
CITY OF SPRINGFIELD
DEVELOPMENT SERVICES DEPAiuMENT
. 225 5th ST,
SPRINGFIELD, OR 97477
Todd COvington
928 S 67th Street
Springfield, OR 97478
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"2551
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Prudence Heath
827 S 57th Street
Springfield, OR 97478
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Vonda Brooks
812 S 57th Street
Springfield; OR 97478