Ordinance No. 20438 - Laserfiche WebLink

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"Goal 5 Recommendation: Limit conflicting uses and employ low impact development practices when developing within 150 feet of the resource site. The Willamette River (WA /WB) is a water quality limited watercourse and is protected by a 75 -foot development setback and site plan review standards described in 31.240 of the Springfield Development Code. No additional setbacks are necessary. The documented presence of a state and federally listed specie requires coordination with the Oregon Department of Fish and Wildlife and appropriate federal agencies to determine what (if any) additional measures may be needed." Finding #31. Section 4.3 -117 (E) of the Springfield Development Code describes permitted uses within the setback area for locally significant riparian resource sites. Section 4.3 -117 (E) (n.) lists "Public multi -use paths, access ways, trails, boardwalks, picnic areas, interpretive and educational displays and overlooks, including benches and outdoor furniture;" among the allowed uses. The proposed South Bank Viaduct is a permitted use within the protective setback along that portion of the Willamette River within Springfield's planning jurisdiction. Finding #32. In Eugene, the subject project area also includes Eugene- adopted Goal 5 riparian resource sites; the Willamette River, and a tributary to the Willamette River located next to the bicycle /pedestrian path and under Franklin Boulevard. The /WR Water Resources Conservation Overlay Zone are standards in Eugene that address Goal 5. The Willamette River has a 100 -foot setback according to these provisions. Construction of public improvements, such as the viaduct, which include work within the setback and riparian resource site areas must comply with the /WR Water Resources Conservation Overlay Zone beginning at EC 9.4900. The tributary to the Willamette River does not have a setback and is identified as not protected. Finding #33. Approval of the Metro Plan amendment allows for the consideration of fill within the Willamette River Greenway for the purpose of constructing the South Bank Viaduct. Approval of the amendment does not negate the authority of local, state and federal agencies to oversee the design and construction of the viaduct to avoid, minimize or mitigate the environmental impacts that construction and use of the facility might have on the River consistent with OAR 660 - 023- 0250(3)(b). Finding #34. Other state and federal permits or actions may be required to protect water quality, fish and wild life protection as part of the federal National Environmental Protection Act (NEPA) review. These permits and actions have yet to be determined at this writing. A consultant has been retained and is preparing the analysis required for NEPA review and processing. Goal —Air, Water and Land Resources Quality. This goal requires local comprehensive plans and implementing measures to be consistent with state and federal regulations on matters such as groundwater pollution. Finding #35. The City of Springfield has revised its Development Code to respond to National Pollutant Discharge Elimination System (NPDES) Phase II, the Clean Water Act, and the Drinking Water Protection Act and is in the process of devising a response to the Endangered Species Act for listed species in our area. The South Bank Viaduct will be subject to staff review and to the development standards set forth in Sections 4.3 -115 (Water Quality Protection and 4.3 -117 (Natural Resource Protection Areas). These standards implement the protections required by the NPDES Phase II, the Clean Water Act and the Drinking Water Protection Act, and the City of Springfield's Goal 5 program for natural resource protection. Similarly, the portion within Attachment 1 -9