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HomeMy WebLinkAboutOrdinance No. 20415 -=~=- COUNCIL ORDINANCE NUMBER 20415 COUNCIL BILL NUMBER 4982 AN ORDINANCE AMENDING THE WILLAKENZIE AREA PLAN TEXT IN THE WILLAMETTE GREENWAY SECTION; ADOPTING AN EXCEPTION TO STATEWIDE PLANNING GOAL 15 WILLAMETTE RIVER GREENWAY; AND ADOPTING A SEVERABILITY CLAUSE. ADOPTED: JULY 28, 2008 PASSED: 5/2 REJECTED: OPPOSED: Bettman, Taylor ABSENT: Solomon EFFECTIVE: August 31, 2008 ORDINANCE NO. 20415 AN ORDINANCE AMENDING THE WILLAKENZIE AREA PLAN TEXT IN THE WILLAMETTE GREENWAY SECTION; ADOPTING AN EXCEPTION TO STATEWIDE PLANNING GOAL 15 WILLAMETTE RIVER GREENWAY; AND ADOPTING A SEVERABILITY CLAUSE. The City Council of the City of Eugene finds that: A. On February 1, 2008 the Oregon Department of Transportation (ODOT) submitted an application to the City of Eugene for a Metro Plan text amendment, an Exception to Goal 15 Willamette River Greenway for the 1-5 Willamette Bridge Project. An application was submitted at the same time for a text amendment to the Willakenzie Area Plan to allow for placement of fill within 35 feet from the top of bank of the Willamette River. Pursuant to provisions of the Eugene Code, 1971, the applications were processed concurrently. B. A joint public hearing of the Planning Commissions of the City of Eugene, City of Springfield and Lane County was held on April 29, 2008 and a joint public meeting of the three Planning Commissions was held on June 3, 2008. Following the June 3, 2008 meeting the Eugene Planning Commission recommended approval of the Willakenzie Area Plan amendment and the taking of an exception to Statewide Planning Goal 15 Willamette River Greenway, to the Eugene City Council. C. The Eugene City Council conducted a joint public hearing on this amendment on June 24, 2008 with the Springfield City Council and Lane County Board of Commissioners, and is now ready to take action based upon the above recommendation and evidence and testimony already in the record as well as the evidence and testimony presented at the joint elected officials public hearing. D. Substantial evidence exists within the record demonstrating that the proposal meets the requirements of consistency with the approval criteria of EC 9.8424, and of applicable state and local law as described in Exhibit A and Exhibit B, attached hereto and which are adopted in support of this Ordinance. NOW, THEREFORE, THE CITY OF EUGENE DOES ORDAIN AS FOLLOWS: Section 1. Paragraph 1. of the Willamette Greenway section of the Neighborhood Design Element of the Willakenzie Area Plan as currently set forth on page 155 of the Plan, is hereby amended to read and provide as follows: 1. Provision that all new structures, expansion of existing structures, drives, parking areas, or storage areas shall not be permitted within the first 35 feet back from the top of the Ordinance - 1 riverbank, unless the location of the floodway boundary requires a greater separation. There are four exceptions to this standard: A. Structures designed solely for recreational use (e.g., a deck or steps leading to the river) and driveways for boat landings and water-related or water-dependent uses are permitted within the 35-foot setback. B. Public improvements, including pedestrian and bicycle trials, public plazas, and similar amenities, but excluding roads and parking areas, are exempt from the setback requirements specified above. c. Structures existing as of the date of adoption of this plan shall be allowed to rebuild at the same distance from the river that they were before destruction by fire, flood, or other disaster. D. Replacement or expansion of the 1-5 Willamette River Bridge and its approaches. Section 2. The findings of fact and conclusions of law supporting a "reasons" exception to Statewide Planning Goal 15 and demonstrating compliance with OAR 660-004-0015, 660- 004-0020 and 660-004-0022(6) for placement of fill within 35 feet from the top of bank of the Willamette River attached as Exhibit A and incorporated herein by this reference are adopted in support of this Ordinance. Section 3. The findings set forth in attached. Exhibit A and Exhibit B are adopted in support of this Ordinance. Section 4. If any section, subsection, sentence, clause, phrase or portion qf this Ordinance is for any reason held invalid or unconstitutional by a court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portions thereof. Section 5. Except as amended herein, all other provisions of the Willakenzie Area Plan remain in full force and effect. Passed by the City Council this Approved by the Mayor this 2~UIY' 2008. ~~ (),~~ I Recorder 3 I' day of July, 2008 K( e~r; Mayor Ordinance - 2 Exhibit A Findings 1-5 Willamette Bridge Project (Eugene files MA 07-3, RA 08-1; Springfield file LRP2007-00010; Lane County file P A08-5230) Metro Plan Text Amendment & Goal Exception (MA 07-3" LRP2007-00010" PA08-5230) The proposed amendment includes an exception to Statewide Planning Goal 15 and a Metro Plan text amendment to allow fill within the Willamette River greenway for the 1-5 Willamette Bridge Project. The project includes replacement of the Interstate 5 bridges over the Willamette River and Canoe Canal (Patterson Slough), including construction and later removal of one or more temporary bridges, demolition of the original and detour Willamette River and Canoe Canal bridges, construction of replacement bridges, reconstruction of the roadway approaches to the bridges, rehabilitation of project area, and completion of any required mitigation. Eugene, Springfield and Lane County each adopted identical Metro Plan amendment criteria into their respective implementing ordinances and codes. Eugene Code 9.7730(3), Springfield Development Code Section Chapter 5, Section 5.14-100 through 5.14-155, and Lane Code 12.225(2)(a & b), set forth the corresponding Metro Plan amendment criteria. Since Eugene is the lead jurisdiction on this application, those criteria are addressed below under the Eugene Code as follows: \J Eugene Code (EC) Section 9.7730(3) requires that the following criteria (in bold and italics) be applied to a Metro Plan text amendment: (a) The amendment must be consistent with the relevant Statewide Planning Goals adopted by the Land Conservation and Development Commission; and Goal 1 Citizen Involvement: To develop a citizen involvement program that insures the opportunity for citizens to be involved in all phases of the planning process. The City has acknowledged provisions for citizen involvement that ensure the opportunity for citizens to be involved in all phases of the planning process and set out requirements for such involvement. The action does not amend the citizen involvement program. The process for reviewing these amendments complies with Goal 1 since it complies with, and surpasses the requirements of, the citizen involvement provisions. The City of Eugene land use code implements Statewide Planning Goal 1 by requiring that notice of the proposed amendments be given and public hearings be held prior to adoption. As a Type I, site specific Metro Plan amendment, consideration of the amendments begins with ajoint City of Exhibit A - Findings Page 1 Eugene, City of Springfield and Lane County Planning Commission public hearing on April 29, 2008. Subsequent to deeming the applications complete, on February 27,2008, the City mailed notice of the proposed plan amendments to the Department of Land Conservation and Development, as required by the Eugene Code and in accordance with State statutes. Referrals concerning the pending applications were sent to the Oregon Department of Transportation (ODOT), City of Springfield, Lane County, the affected Neighborhood Associations (Laurel Hill Valley Citizens and the Harlow Neighborhood Association), and to City departments. On March 14, 2008, notice of the joint Planning Commission public hearing was mailed to the applicant, and owners and occupants of property within 300 feet of the subject property, the affected neighborhood groups in all three jurisdictions and other interested parties such as the Whilamut Natural Area of Alton Baker Park. On March 26, 2008, notice was also posted in accordance with EC 9.7415(5) and 9.7735(1). On March 14,2008, notice of the joint Planning Commission public hearing was also published in the Register-Guard, in accordance with the Eugene Code. An additional joint public hearing before the elected officials of the City of Eugene, City of Springfield and Lane County will be scheduled following Planning Commission action. Notice to interested and affected parties will also be provided for that hearing. In response to the public notice, letters of written testimony have been received, including comments from two of the affected Eugene neighborhood groups; the Laurel Hill Valley Citizens (LHVC) and the Harlow Neighborhood Association (HNA). Responses to these comments are provided under the appropriate criteria below where applicable. Additionally, the federal environmental process applicable to this project provides additional opportunities for public involvement including public meetings, open houses, newsletters, public comment period on the Environmental Assessment, and establishment of a Community Advisory Group. These efforts will continue public involvement outside of the land use application process, consistent with this Goal. The processes used by Eugene, Springfield and Lane County including mailed, posted and published notice (as well as posting on the City of Eugene web page) for reviewing these amendments complies with Statewide Planning Goal 1, since it complies with and surpasses the requirements of the State's citizen involvement provisions. Goal 2 - Land Use Planning: To establish a land use planning process and policy framework as a basis for all decisions and actions related to use of land and to assure an adequate factual base for such decisions and actions. Part I - Planning Part I of Goal 2 requires that actions related to land use be consistent with acknowledged comprehensive plans of cities and counties. The Eugene-Springfield Metropolitan Area General Plan (Metro Plan) is the policy tool that provides a basis for decision-making in this area. The Metro Plan was acknowledged by the State in 1982 to be in compliance with statewide planning goals. These findings and record show that there is an adequate factual base for decisions to be made concerning the proposed amendments. Goal 2 requires that plans be coordinated with the Exhibit A - Findings Page 2 plans of affected governmental units and that opportunities be provided for review and comment by affected governmental units. To comply with the Goal 2 coordination requirement, the City coordinated the review of these amendments with all affected governmental units. Specifically, notice was mailed to the State Department of Land Conservation and Development, Oregon Department of Transportation (ODOT), Lane County, and the City of Springfield. Lane County and the City of Springfield are participating in this amendment. Part II - Exceptions Part II of Goal 2 provides the conditions and standards for which a local jurisdiction can adopt an exception to a statewide goal. Relevant to this request is Statewide Planning Goal 15, Willamette River Greenway which does not allow non water-dependent, non water-related uses, such as the proposed transportation facility, within the greenway setback without receiving an exception. Because a goal 15 exception is required by D.ll of the Metro Plan, it is unnecessary to determine if Goal 15 itself would require such an exception. The need for a goal exception is specifically triggered by Policy D.ll of the Metro Plan, Willamette River Greenway, River Corridors, and Waterways Element, which states: D.11 The taking of an exception shall be required if a non-water-dependent transportation facility requires placing of fill within the Willamette River Greenway setback. An exception to Statewide Planning Goal 15 Willamette River Greenway was approved for Oregon Department of Transportation (ODOT) 1-5 right of way crossing the Willamette River and within the Willamette River Greenway Setback Line, for purpose of constructing a temporary detour bridge, implementing the conditions imposed on the Discretionary Use Approval (Springfield Journal SHR 2003-00115) and removing the temporary detour bridge after completion of the permanent replacement bridge. This exception satisfies the criteria of Oregon Administrative Rule (OAR) 660-004-0022(5) Willamette Greenway; the exception requirements of OAR 660-004-0020 Goal 2, Part JI(c) for a 'reasons' exception; and pursuant to OAR 660-004-0015, is hereby adopted as an amendment to the Metro Plan text, Policy #D.ll, Chapter III, Section D. The taking of an exception is consistent with Policy D.ll as the proposal includes the placement of fill within the Willamette River Greenway setback for a non-water-dependent transportation facility, and is consistent with the Goal 15 exception previously taken for the temporary bridge, as described under Policy D.ll above. To acknowledge the 1-5 Willamette Bridge Project, Metro Plan Policy D.ll is proposed to be amended as follows in bold: An exception to Statewide Planning Goal 15 Willamette River Greenway was approved for Oregon Department of Transportation (ODOT) for purposes of removing and replacing the decommissioned 1-5 bridge, the temporary detour bridge and the Canoe Canal bridge with two new parallel bridges (one southbound and one northbound) within the 1-5 right-of-way crossing the Willamette River and Canoe Canal and within the Willamette River Greenway Setback Line. The exception authorizes construction and later removal of one or more temporary work bridges; demolition of the decommissioned 1-5 Willamette River Bridge, Canoe Canal Bridge, and detour Exhibit A - Findings Page 3 bridges; construction of the two replacement bridges; reconstruction of the roadway approaches to the bridges (1-5 and ramps); rehabilitation of the project area; and completion of any required mitigation of project impacts. In association with these tasks, the exception further authorizes within the Willamette River Greenway Setback Line the addition and removal of fin within ODOT right-of-way and the removal of fill within a temporary slope easement east of 1-5. This exception satisfies the criteria of Oregon Administrative Rule (OAR) 660-004-0022(6), Willamette Greenway, and the exception requirements of OAR 660-004-0020 Goal 2 Part II(c) for a "reasons" exception, and pursuant to OAR 660-004-0015, is hereby adopted as an amendment to the Metro Plan text, Policy D.Il, Chapter 111, Section D. In compliance with Metro Plan Policy D.ll, the following provides analysis for a Goal 15 exception. The Land Conservation and Development Commission (LCDC) administrative rule governing goal exceptions, OAR 660-004-0022(6), states that within urban areas, the proposed siting of uses that are neither water-dependent nor water-related within the Willamette River greenway setback area requires exceptions. The rule states the following: (6) Willamette Greenway: Within an urban area designated on the approved Willamette Greenway Boundary maps, the siting of uses which are neither water-dependent nor water- related within the setback line required by Section C.3.k of the Goal may be approved where reasons demonstrate the following: (a) The use will not have a significant adverse effect on the green way values of the site under construction or on adjacent land or water areas,' (b) The use will not significantly reduce the sites available for water-dependent or water-related uses within the jurisdiction; (c) The use will provide a significant public benefit; and (d) The use is consistent with the Legislative findings and policy in ORS 390.314 and the Willamette Greenway Plan approved by LCDC under ORS 390.322. The requirements for Goal exceptions are outlined in OAR 660, Division 4 and are as follows: OAR 660-004-0018 Planning and Zoningfor Exception Areas (4) "Reasons" Exceptions: (a) When a local government takes an exception under the "Reasons" section of ORS 197. 732(1)(c) and OAR 660-004-0020 through 660-004-0022, plan and zone designations must limit the uses, density, public facilities and services, and activities to only those that are justified in the exception; Exhibit A - Findings Page 4 (b) When a local government changes the types or intensities of uses or public facilities and services within an area approved as a "Reasons" exception, a new "Reasons" exception is required; The taking of goal exceptions requires and results in amendments to the Metro Plan (ORS 197.732(8) defines an "exception" as a comprehensive plan provision, including an amendment to an acknowledged comprehensive plan). The exception provides for the continuation of the existing use of 1-5 by motor vehicles for interstate mobility and commerce purposes. The new 1-5 Willamette River bridges are needed to accommodate that use. The new bridges will be replacement bridges to the decommissioned 1-5 bridge and Canoe Canal bridge, which are part of the 1-5 interstate highway facility whose existence is identified in the Transplan. As such, the new bridges will not be providing a use that does not already exist. OAR 660-004-0022 Reasons Necessary to Justify an Exception Under Goal 2, Part II(c) An exception under Goal 2, Part II(c) can be taken for any use not allowed by the applicable goal(s). The types of reasons that mayor may not be used to justify certain types of uses not allowed on resource lands are set forth in the following sections of this rule: ... (6) Willamette Greenway: Within an urban area designated on the approved Willamette Greenway Boundary maps, the siting of uses which are neither water-dependent nor water- related within the setback line required by Section C.3.k of the Goal may be approved where reasons demonstrate the following: (a) The use will not have a significant adverse effect on the green way values of the site under consideration or on adjacent land or water areas; ... The new bridges would be located in the same location as the decommissioned and detour bridges, although they would require minor shifts of alignment and reconnection of portions of the Franklin Boulevard northbound and southbound on and off ramps as dictated by bridge design. The Whilamut Natural Area of Alton Baker Park lies west of the 1-5 right-of-way in Eugene and the Eastgate Woodlands portion of the Whilamut Natural Area lies east of the 1-5 right-of-way in Springfield. Since the project area includes portions of both parks where they are adjacent to 1-5 and north of the Willamette River, unless otherwise differentiated, this area will be referred to as the Whilamut Natural Area and Eastgate Woodlands for the remainder of these findings. The area adjacent to ODOT's right-of-way is used as open space. This area contributes to the protection of natural, scenic, and recreational greenway values, including fish and wildlife habitat, water quality, protection from flooding, and public recreation. Because the replacement bridges and associated fill will be located within existing ODOT right-of- way, which is outside of the Whilamut Natural Area and Eastgate Woodlands, there will be no reduction in the amount of permanent open space available at the parks. Because the bridges replace an existing, structurally defective bridge and existing 1-5 facility, there will be no change in use of this area. Existing park and river users are accustomed to experiencing interstate travel at this location. The bicycle-pedestrian path linking Eugene and Springfield will continue to traverse Exhibit A - Findings Page 5 ODOT's right-of-way below the new bridges. Public access to the river will not be affected in any significant long-term manner and protection to riparian areas and fish and wildlife habitat will be maintained to the greatest possible extent. Additionally, specific development details will be reviewed for minimizing impacts through compliance with applicable approval criteria, related standards and any necessary conditions of approval, as further reviewed under local permitting processes such as the Willamette Greenway and Water Resources Conservation Overlay Zone. The applicant acknowledges that the project will create some short term impacts to Willamette Greenway values during construction. Staging for bridge construction is likely to occupy up to five acres of park open space for up to four years. The bicycle/pedestrian path crossing ODOT's right-of- way will be closed for periods of up to a few days at a time; however, another path under the Canoe Canal Bridge, located approximately 600 feet to the north of this path, would remain open during any closures to accommodate bicycle and pedestrian traffic. The new replacement bridges will span the Willamette River and Canoe Canal. Piers will be placed in the Willamette River to support the bridge structures. The new bridges will each have one pier near the center of the river and one on or near the south bank, but no piers will be located in the Canoe Canal. By comparison, the decommissioned bridge has five piers in the water, and the detour bridge has six, so the new bridges will provide a substantial net reduction in piers compared to the existing number. At a conceptual level, any reduction in the number of piers will have a positive rather than adverse effect on recreational use of the river, consistent with this standard. Additionally, the applicant proposes to implement a plan to prevent construction debris from dropping into the Willamette River. At a conceptual level, with the reduction in the number of piers, the new bridges spanning the Canoe Canal, and the construction measures proposed, the replacement bridges will not have an adverse affect but will have a positive affect on recreational use of the river, consistent with this standard. Regarding environmental resources, at the conclusion of bridge construction, fill placed for the detour bridge and for temporary work bridges will be removed and those areas will be restored. Bridge construction and demolition, including construction and removal of associated temporary work platforms, will impact riparian vegetation within the greenway (see Figure 6, Approximate Vegetation Disturbance Areas). However, ODOT's temporary easement for use of Eastgate Woodlands requires ODOT to restore the property within 5 years of completion of the permanent replacement bridges. The applicant also proposes several construction, site preparation, post development, and coordination measures to minimize impacts to natural resources discussed under Metro Plan Policy B.2, which is incorporated herein by reference. Additionally, preliminary data indicates that there will be a net decrease of 31 ,000 cubic yards of fill in the Willamette River (30,000 cubic yards of fill added and 61,000 cubic yards of fill removed; application, page 5). With the exception of a few of the temporary storage areas, the replacement bridges are proposed within existing ODOT right-of-way which reduces impacts to non-transportation utilized areas. Based on these measures, affects on environmental resources will be minimized and mitigated. Furthermore, additional review of detailed site plans during the federal, state and local processes will require mitigation as appropriate, subject to applicable standards. Regarding scenic values of the Willamette River greenway, the reduction in the total number of piers and in the number of piers within the Willamette River will improve views of the river and, as Exhibit A - Findings Page 6 such, contribute to a positive visual impact. Also, because a key consideration of the project is providing an aesthetically pleasing solution that recognizes the scenic beauty of the project area, ODOT has considered a range of bridge types and pier options, taking carefully into consideration community input obtained through a public process. At this phase, ODOT has developed two conceptual schematics illustrating the new 1-5 bridges, but ODOT has not developed detailed engineering design plans. Ultimately, selection of the bridge type for each segment will be dependent primarily on aesthetic considerations and budget. The applicant has indicated the public input on the design will also be provided through other public outreach efforts. While construction activities will temporarily impact greenway values, with the reduction in piers and fill, the location of the bridges in the existing right-of-way, and the mitigation measures proposed by the applicant, the new 1-5 Willamette River bridges will have no significant adverse effect on the greenway values of ODOT's right-of-way (if any) or the adjacent park lands and water areas, consistent with this standard. Additionally, specific construction and operational details regarding mitigation of riparian impacts will be appropriately addressed during local permitting processes, subject to applicable approval criteria and related standards. (b) The use will not significantly reduce the sites available for water-dependent or water-related uses within the jurisdiction; ... The two new replacement bridges will not reduce any sites available for water-dependent or water- related uses in Eugene or Springfield because the bridges will be constructed entirely within the same existing ODOT 1-5 right-of-way where the decommissioned 1-5 bridge and temporary detour bridge are located. The new bridges will have one pier each near the center of the river and one pier on or near the south bank (the Canoe Canal on the north side would be spanned completely and these bridges will be perched on fill associated with the roadway). In contrast, the decommissioned bridge has five piers in the water, and the detour bridge has six. At a conceptual level, a net reduction in piers in the water will be beneficial for water-dependent uses. Therefore, in the context of a plan amendment, this standard is met. (c) The use will provide a significant public benefit; and ... 1-5 is the primary north-south highway corridor serving California, Oregon, and Washington. The facility provides for the significant movement of people, freight, and other services, and serves as the backbone for international, interstate, and intrastate commerce. The applicant notes that on average, approximately 49,000 vehicles cross the Willamette River through the Eugene/Springfield area on 1-5 each day, with numbers reaching greater than 63,000. Approximately 16 to 18 percent of daily trips are made by tractor trailer rigs hauling freight. By the year 2030, 1-5 is expected to accommodate approximately 73,000 daily vehicle trips. The connectivity and mobility that 1-5 provides to both the local community and to intrastate and interstate travelers constitutes a significant public benefit. This facility is recognized in the 1999 Oregon Highway Plan and in TransPlan. Therefore this standard is met. (d) The use is consistent with the Legislative findings and policy in 0 RS 390.314 and the Willamette Greenway Plan approved by LCDC under ORS 390.322. Exhibit A - Findings Page 7 The legislative findings and policy in ORS 390.3 14 are: ORS 390.3 14. Legislative findings and policy (I) The Legislative Assembly finds that, to protect and preserve the natural, scenic, and recreational qualities of lands along the Willamette River, to preserve and restore historical sites, structures, facilities, and objects on lands along the Willamette River for public education and enjoyment and to further the state policy established under ORS 390.010, it is in the public interest to develop and maintain a natural, scenic, historical, and recreational greenway upon lands along the Willamette River to be known as the Willamette River Greenway. As previously stated, the 1-5 Willamette River bridge predates the adoption of Goal 15. As an element of 1-5, the bridge is provided for in TransPlan, which has been acknowledged to be in compliance with all statewide planning goals. Construction of the replacement bridges and removal of the decommissioned Canoe Canal and detour bridges will temporarily affect greenway values during construction. However, as discussed under Goal 6 (air, water quality, land), Goal 8 (recreation) and Metro Plan Policy E.2 (environment), and the remainder of these findings, the applicant proposes several measures to reduce or mitigate environmental and recreational impacts, and the reduction of piers and fill will have a positive affect on scenic resources along the Willamette River Greenway, consistent with this standard. Additionally, specific construction and operational details will be appropriately addressed during local permitting processes, subject to applicable approval criteria and related standards. (2) In providing for the development and maintenance of the Willamette River Greenway, the Legislative Assembly: (a) Recognizing the need for coordinated planning for such greenway, finds it necessary to provide for development and implementation of a plan for such green way through the cooperative efforts of the state and units of local government. The State of Oregon and units of local government, including Lane County and the cities of Springfield and Eugene, have cooperated in the implementation of greenway planning as required by legislative intent. The 1-5 Willamette River Bridge Replacement Project, subject to this application, is and will be permitted through this established local and statewide greenway planning process. (b) Recognizing the need of the people of this state for existing residential, commercial, and agricultural use of lands along the Willamette River, finds it necessary to permit the continuation of existing uses of lands that are included within such green way; but, for the benefit of the people of this state, also to limit the intensification and change in the use of such lands so that such uses shall remain, to the greatest possible degree, compatible with the preservation of the natural, scenic, historical and recreational qualities of such lands. As previously stated, 1-5 and the 1-5 Willamette River bridge predate Goal 15. Like the original Exhibit A - Findings Page 8 bridge, the replacement bridges and their approaches will be located within ODOT's established 1-5 right-of-way, thus avoiding significant adverse effects on the greenway and greenway values, consistent with this policy. Furthermore, as discussed under Goal 6 (air, water quality), Goal 8 Recreation and Metro Plan Policy E.2 ( environment), and the remainder of these findings, the applicant proposes several measures to reduce or mitigate environmental and recreational impacts, and the reduction of piers and fill will have a positive affect on scenic resources along the Willamette River Greenway, consistent with this standard. (c) Recognizing that the use of lands for farm use is compatible with the purposes of the Willamette River Greenway, finds that the use of lands for farm use should continue within the green way without restriction. The 1-5 Willamette River replacement bridges will be located entirely within the urbanized area of Springfield and Eugene, and not upon or near farm land within the greenway boundary. For this reason, the project will in no way impede the continuation of farm uses within the greenway, consistent with this policy. (d) Recognizing the need for central coordination of such green way for the best interests of all the people of this state, finds it necessary to place the responsibility for the coordination of the development and maintenance of such greenway in the State Parks and Recreation Department. Constructing the 1-5 replacement bridges in no way limits or changes Oregon State Parks' responsibilities for the coordination of the development and maintenance of the greenway. (e) Recognizing the lack of need for the acquisition offee title to all lands along the Willamette River for exclusive public use for recreational purposes in such greenway, finds it necessary to limit the area within such green way that may be acquired for state parks and recreational areas and for public recreational use within the boundaries of units of local government along the Willamette River. The replacement bridges and approaches will be located within existing public right-of-way that has been used for interstate highway purposes since before the enactment of the Willamette River greenway statutes and Goal 15. The land is in the public domain and will remain in the public domain after completion of construction of the new replacement bridges and demolition and removal of the decommissioned bridge, Canoe Canal bridge, and detour bridge. Therefore, the proposed project will not increase or decrease the amount of land available for acquisition for state parks and recreational areas or for public recreational use within the boundaries of units of local government along the Willamette River. Temporary staging areas outside of public rights-of-way will be rehabilitated to their previous state. Therefore, an exception to Goal 15 is warranted for the reasons stated above, specifically OAR 660- 0040-0022 (6)(c) and consistency with the remaining reasons, for the placement offill within the greenway setback for the 1-5 Willamette Bridge Replacement project. Goal exception requirements are as follows: Exhibit A - Findings Page 9 OAR 660-004-0020 Goal 2, Part II(c), Exception Requirements (1) If a jurisdiction determines there are reasons consistent with OAR 660-004-0022 to use resource lands for uses not allowed by the applicable Goal or to allow public facilities or services not allowed by the applicable Goal, the justification shall be set forth in the comprehensive plan as an exception. The reasons consistent with OAR 660-004-0022(6) are set forth above to allow the construction of the 1-5 Willamette River and Canoe Canal replacement bridges and the removal of the decommissioned bridge, existing Canoe Canal bridge, and temporary detour bridge, including the placement of fill needed for the new bridges or for temporary work bridges required to construct the new bridges or remove the decommissioned or detour bridges. The justifications are set forth in the comprehensive plan as an exception consistent with this rule. (2) The four factors in Goal 2 Part II(c) required to be addressed when taking an exception to a Goal are: (a) "Reasons justifY why the state policy embodied in the applicable goals should not apply": The exception shall set forth the facts and assumptions used as the basis for determining that a state policy embodied in a goal should not apply to specific properties or situations, including the amount of land for the use being planned and why the use requires a location on resource land; The reasons justifying why the replacement bridges should be permitted within the greenway setback area, and why associated fill should be permitted, are those addressed above in the analysis demonstrating compliance with the criteria in OAR 660-004-0022(6). An exception to the Statewide Planning Goal 15 is necessary to allow additional fill to be placed in the greenway per Metro Plan Policy D.ll. Here, approximately 30,000 cubic yards of fill will be placed within ODOT's existing 1-5 right-of-way, while approximately 61,000 cubic yards offill will be removed, resulting in a net decrease of3l,000 cubic yards offill in the Willamette River. Except for a few acres of park land needed temporarily for staging construction, all development will occur within ODOT's existing 1-5 right-of-way, which is not resource land. The bridges require a location over the Willamette River greenway because 1-5 already exists both north and south of the Willamette River and the highway cannot practicably be relocated to avoid crossing the river. (b) "Areas which do not require a new exception cannot reasonably accommodate the use": (A) The exception shall indicate on a map or otherwise describe the location of possible alternative areas considered for the use, which do not require a new exception. The area for which the exception is taken shall be identified; (B) To show why the particular site is justified, it is necessary to discuss why other areas which do not require a new exception cannot reasonably accommodate the proposed use. Economic factors can be considered along Exhibit A - Findings Page 10 with other relevant factors in determining that the use cannot reasonably be accommodated in other areas. Under the alternative factor the following questions shall be addressed: (i) Can the proposed use be reasonably accommodated on nonresource land that would not require an exception, including increasing the density of uses on nonresource land? Ifnot, why not? (ii) Can the proposed use be reasonably accommodated on resource land that is already irrevocably committed to nonresource uses, not allowed by the applicable Goal, including resource land in existing rural centers, or by increasing the density of uses on committed lands? If not, why not? (iii) Can the proposed use be reasonably accommodated inside an urban growth boundary? If not, why not? (iv) Can the proposed use be reasonably accommodated without the provision of a proposed public facility or service? If not, why not? (C) This alternative areas standard can be met by a broad review of similar types of areas rather than a review of specific alternative sites. Initially, a local government adopting an exception need assess only whether those similar types of areas in the vicinity could not reasonably accommodate the proposed use. Site specific comparisons are not required of a local government taking an exception, unless another party to the local proceeding can describe why there are specific sites that can more reasonably accommodate the proposed use. A detailed evaluation of specific alternative sites is thus not required unless such sites are specifically described with facts to support the assertion that the sites are more reasonable by another party during the local exceptions proceeding. The applicant states that 1-5 replacement bridges are needed because the decommissioned bridge is structurally unsafe and the detour bridge was not constructed to accommodate anticipated traffic volumes over the long term, nor does it meet current seismic standards. The replacement bridges and their approaches will be located entirely within ODOT's existing 1-5 right-of-way. Because the Willamette River is quite wide in the vicinity of 1-5, piers will again be needed within the setback area to support the proposed replacement bridges; however, fewer piers will be used compared to existing conditions. In addition, fill is required to support the approaches to the new bridges, including the new bridges over the Canoe Canal. Given the non-water dependent and non-water-related nature of the use, and given that fill would be required for pier support and bridge approaches regardless of where in the vicinity the bridges are located, there are no alternative sites crossing the Willamette River that would not also require a new exception. It is noted that the proposed use will be located inside an urban growth boundary on land that is neither agricultural nor forest land. By remaining within the existing ODOT right-of- way, the proj ect avoids significant impacts to park lands. Because transportation improvements, Exhibit A - Findings Page 11 including bridges, are considered public facilities, the use cannot be reasonably accommodated without the provision of the proposed public facility. Analysis regarding possible alternative sites is discussed further under subsection (c) direct! y below, which is incorporated herein by reference. (c) The long-term environmental, economic, social and energy consequences resulting from the use at the proposed site with measures designed to reduce adverse impacts are not significantly more adverse than would typically result from the same proposal being located in other areas requiring a Goal exception. The exception shall describe the characteristics of each alternative areas considered by the jurisdiction for which an exception might be taken, the typical advantages and disadvantages of using the area for a use not allowed by the Goal, and the typical positive and negative consequences resulting from the use at the proposed site with measures designed to reduce adverse impacts. A detailed evaluation of specific alternative sites is not required unless such sites are specifically described with facts to support the assertion that the sites have significantly fewer adverse impacts during the local exceptions proceeding. The exception shall include the reasons why the consequences of the use at the chosen site are not significantly more adverse than would typically result from the same proposal being located in areas requiring a goal exception other than the proposed site. Such reasons shall include but are not limited to, the facts used to determine which resource land is least productive; the ability to sustain resource uses near the proposed use; and the long-term economic impact on the general area caused by irreversible removal of the land from the resource base. Other possible impacts include the effects of the proposed use on the water table, on the costs of improving roads and on the costs to special service districts; No other sites requiring exceptions are being considered for this use. This is because the use is not a new use, but rather the replacement of an existing, structurally deficient bridge within an existing right-of-way. Locating the replacement bridges within the existing right-of-way is both necessary and practicable because that right-of-way lines up with the existing 1-5 approaches to the north and south. Relocating the bridge replacement project outside the existing 1-5 right-of-way would require ODOT to relocate the approaches at considerable additional cost and impact to not only the greenway, but also to protected park and recreational resources, including the Whilamut Natural Area and Eastgate Woodlands. Further, relocating the bridge could require the closure of one or more existing interchanges or ramps, result in demolition of residences and businesses, and result in a hazardous geometry due to the presence of immovable geologic features. Alternative bridge alignment locations to the north or south of the existing footprint and right-of-way were dismissed from further analysis due to the following impacts: . Right-of-way would need to be acquired from Alton Baker Park, which is prohibited under Section 4(f) of the federal Department of Transportation Act of 1966 unless there are no other prudent and feasible alternatives. . Right-of-way would need to be acquired from homes and/or businesses on the south side of the river that would not be required if the highway remains on its current alignment. . A shifted highway would be closer to existing homes, resulting in higher noise and visual impacts. . Major high-tension power transmission lines are located on both sides of the bridge and one Exhibit A - Findings Page 12 would need to be relocated if the alignment was shifted. Given the replacement nature of this project, the fact that crossing the Willamette River at some location is unavoidable, and ODOT's inability to realign 1-5 on adjoining lands based on federal restrictions protecting park lands, there are no feasible and prudent alternatives to re-using the existing 1-5 right-of-way. Accordingly, in terms of economic, social, environmental, and energy consequences, there are no areas warranting comparison. 1-5 is an important highway in the State of Oregon and freight corridor on the west coast. The connectivity and mobility it provides statewide, interstate, and regional travelers provides tremendous benefits both economically and socially. The ability to rebuild within the existing ODOT 1-5 right-of-way minimizes energy consumption and environmental impacts, as the current right-of-way use for interstate travel purposes is maintained. As such, consistent with this standard, the right-of-way is the least productive land in the immediate area in terms of sustaining resource uses. It's continued use for this purpose also means that no other resource or recreational lands need be removed from the resource base therefore this standard is met. (d) The proposed uses are compatible with other adjacent uses or will be so rendered through measures designed to reduce adverse impacts. The exception shall describe how the proposed use will be rendered compatible with adjacent land uses. The exception shall demonstrate that the proposed use is situated in such a manner as to be compatible with surrounding natural resources and resource management or production practices. Compatible is not intended as an absolute term meaning no interference or adverse impacts of any type with adjacent uses. Uses adjacent to the affected portion of 1-5 include park land and the Willamette River, and residential and industrial uses. The temporary staging areas are adjacent to park land and the Willamette River, ODOT and Lane County property, and between 1-5 and 1-5 ramps. With the exception of the temporary staging areas, the replacement bridges and associated improvements are being proposed within approximately the same location as both the original and temporary bridges and will be located within existing rights-of-way and right-of-way easements. Considering that this ,area has been utilized as the 1-5 bridge location since prior to the establishment of Goal 15, replacement of the facility in the same location is more compatible than relocating the facility and converting non-transportation areas to this use. The proposal also includes a reduction in the number of piers from the existing 11 piers to 8, a net reduction in fill, and sound walls. At a conceptual level, these elements will reduce adverse impacts to environmental, recreational and scenic resources and will increase compatibility of the project with adjacent recreational, residential and industrial uses of the area. Regarding the temporary staging locations, the impacts will be temporary and the applicant has proposed several measures to reduce adverse impacts of the construction activities including: a plan to prevent debris from falling into the Willamette River, maintaining a continuous bicycle/pedestrian path, limiting work hours, and restoring the temporary staging areas upon project completion. Additional measures proposed by the applicant to reduce environmental, recreational and scenic impacts, are further discussed under Metro Plan Policy E.2, Goal 8 below., and OAR 660-004-0022(6)(a) above, which are incorporated herein by reference. These measures will further reduce adverse impacts to the adjacent park land and Willamette River, residential, and industrial uses consistent with this standard. Exhibit A - Findings Page 13 In addition, compatibility with greenway and Goal 5 resource values associated with the Willamette River, riparian areas both north and south of the river, the Whilamut Natural Area and Eastgate Woodlands will be further ensured through compliance with acknowledged Eugene and Springfield permitting requirements adopted to implement Goals 15 and 5; Willamette River Greenway and greenway setback review, and the Water Resources Conservation Overlay Zone, subject to applicable standards and conditions. As noted earlier, the bridges are an existing use within the ODOT right-of-way. This proposal replaces the original bridge with two new bridges: one for northbound traffic, the other for southbound traffic, and replaces the Canoe Canal bridge. It also removes the detour bridge. Given that a bridge has been accommodating highway traffic in this area for decades, most new impacts will be associated with bridge construction or demolition. By remaining within the existing ODOT right-of-way, and employing Best Management Practices and other impact avoidance or mitigation techniques identified or required during the local permitting processes, impacts to surrounding natural resource lands can be minimized to protect natural resource qualities in and the use and enjoyment of the Willamette River, the Willamette River greenway, and the Whilamut Natural Area and Eastgate Woodlands. Based on the above findings, an exception to Goal 15 is warranted and meets the requirements of OAR 660-0040-0020 for the placement of fill within the greenway setback for the 1-5 Willamette Bridge Replacement project. Therefore, the amendments and goal exception are consistent with Statewide Planning Goal 2. Goal 3 - Agricultural Land: To preserve and maintain agricultural lands. Goal 3 is not applicable to these amendments as the subject property and actions do not affect any agricultural plan designation or use. Goal 3 excludes lands inside an acknowledged urban growth boundary from the definition of agricultural lands. Since the subject property is entirely within the acknowledged urban growth boundary, Goal 3 is not relevant and the amendments do not affect the area's compliance with Statewide Planning Goal 3. Goal 4 - Forest Land: To conserve forest lands. Goal 4 is not applicable to these amendments as the subject property and actions do not affect any forest plan designation or use. Goal 4 does not apply within urban growth boundaries and, therefore, does not apply to the subject property, which is within the Eugene-Springfield urban growth boundary (OAR 660-006-0020). Therefore, Goal 4 is not relevant and the amendments do not affect the area's compliance with Statewide Planning Goal 4. GoalS - Open Spaces. Scenic and Historic Areas. and Natural Resources: To conserve open space and protect natural and scenic resources. The following administrative rule (OAR 660-023-0250) is applicable to this post-acknowledgement plan amendment (PAPA) request: (3) Local governments are not required to apply Goal 5 in consideration of a PAPA unless the PAPA affects a Goal 5 resource. For purposes of this section, a PAPA would affect a Goal 5 Exhibit A - Findings Page 14 ~ resource only if: (a) The PAPA creates or amends a resource list or a portion of an acknowledged plan or land use regulation adopted in order to protect a significant Goal 5 resource or to address specific requirements of Goal 5; (b) The PAPA allows new uses that could be conflicting uses with a particular significant Goal 5 resource site on an acknowledged resource list; or (c) The PAPA amends an acknowledged UGB and factual information is submitted demonstrating that a resource site, or the impact areas of such a site, is included in the amended UGB area. The subject project area includes Goal 5 resource sites; the Willamette River, a riparian resource between 1-5 and E. 18th Avenue, and riparian resources in Alton Baker Park (the Canoe Canal). Subsections (a) and (c) above are not applicable to this request as the proposed amendments do not create or amend a list of Goal 5 resources, do not amend a plan or code provision adopted in order to protect a significant Goal 5 resource or to address specific requirements of Goal 5, and do not amend the acknowledged Urban Growth Boundary. Regarding subsection (b), the 1-5 Willamette Bridge Project is replacement of an existing use in approximately the same location, even considering the additional widening of the roadway. Therefore, (b) is not applicable because the project includes replacement of an existing use, not a new use. Based on the findings above, Statewide Planning Goal 5 is either not applicable or is met through compliance with the acknowledged local permitting process. Goal 6 - Air, Water and Land Resources Quality: To maintain and improve the quality of the air, water, and land resources of the state. Goal 6 addresses waste and process discharges from development, and is aimed at protecting air, water and land from impacts from those discharges. The proposal does not amend the metropolitan area's air, water quality or land resource policies. The applicant's findings show that the City can reasonably expect that future development of the site will comply with applicable environmental laws as follows: Additionally, regarding air quality, the replacement bridges themselves should have no adverse impact on air quality because they merely replace an existing facility that has been decommissioned as being structurally unsafe. Regardless of the potential future addition of 6 lanes, the new bridges do not necessarily result in more people driving on 1-5. Instead, existing traffic volumes will be shifted from the detour bridge to the new bridges. If the decommissioned 1-5 bridge is not replaced, those vehicles would be forced each day onto city streets and county roads not designed for such trips. The ensuing degradation to the air quality along these alternative routes caused by unmanageable congestion would be in direct contradiction to the purpose of Goal 6. Even the potential increase in the number of lanes does not necessarily increase the number of people driving on 1-5, but rather increases continuous traffic movement. Regarding air quality, this goal is met by the proposed plan amendments. Regarding water quality, construction of the replacement bridges and the removal of the decommissioned and detour bridges will impact water quality by affecting soils and vegetation Exhibit A - Findings Page 15 within the Willamette River and along the greenway setback. Water quality may also be affected where impervious surfaces are added along the bridge approaches. Where areas are paved, water cannot penetrate the soils so it rushes over the surface. This can increase erosion and the movement of fine' sediments and increase pollutant loads in watercourses. While construction of the replacement bridges will result in some new impervious surfaces, overall the project will result in a net decrease in impervious surface because ODOT will remove the approach roadway for the detour bridge. The applicant also proposes that water quality impacts will be mitigated through the use of effective land-based stormwater treatment systems that include measures to preserve and restore mature vegetation and maximize infiltration. The use of construction techniques that include temporary and permanent Best Management Practices for erosion and sediment control and spill control and prevention also can achieve compliance with clean water standards. Oregon Highway Plan 5A.l directs ODOT to implement Best Management Practices. Based on these findings, water quality will be maintained and mitigated, consistent with this goal. In addition, through the local permitting process, Eugene and Springfield can impose appropriate conditions to ensure that Best Management Practices are employed and that water quality is maintained, subject to applicable approval criteria and related standards. By doing so, Goal 6 is satisfied.2 Regarding noise, a project noise technical report was prepared as part of the Environmental Assessment (as required by NEP A) to analyze potential noise impacts resulting from the proj ect. Per the ODOT Noise Manual (June 1996) analysis procedures, noise mitigation measures were evaluated to reduce noise levels to nearby residences as a result of the project. Noise walls were determined to meet the ODOT effectiveness and cost-effectiveness criteria in two locations and are recommended as mitigation (see supplemental information, Figures 7-9). The final wall locations will be determined after public input is completed as part of the NEP A process. Additionally, as stated on page 13 of the written statement, the applicant proposes the following general measures: . Continue public involvement through design and construction . limit work hours . limit noise Therefore, in the context of a plan amendment, the proposed amendments are consistent with Statewide Planning Goal 6. Additionally, specific construction and operational details will be appropriately addressed during local permitting processes, subject to applicable approval criteria and related standards. Goal 7 - Areas Subiect to Natural Disasters and Hazards: To protect life and property froyz natural disasters and hazards. Goal 7 requires that local government planning programs include provisions to protect people and ~ 2 Currently, there is no stormwater treatment for the decommissioned and detour bridges. Providing water quality treatment for the new bridges, which would be required through the applicant's proposed Best Management Practices, would have a beneficial effect on water quality. The water quality report for the project noted that the amount of runoff from the bridges would be so minor relative to the volume of flow in the Willamette River that the effect would be negligible. Exhibit A - Findings Page 16 property from natural hazards such as floods, land slides, earthquakes and related hazards, tsunamis and wildfires. It is not subject to hazards normally associated with wildfires, or tsunamis. Consistent with this goal, the City of Eugene has adopted provisions regulating development in floodplains and floodways, and building codes regulations that address slopes and seismic concerns. To the extent that this is relevant to the proposed plan amendment, the existing detour bridge does not meet current seismic standards. Consistent with this goal, the proposed bridge replacement proj ect will provide bridges that meet current seismic, safety and design standards. Additionally, regarding slopes, portions of the project area are identified on the map for Relative Slope Instability Hazards. The portions of the project site in the Whilamut Natural Area and Eastgate Woodlands, and the area southeast of 1-5 and the Willamette River are identified as moderate hazard areas. However, both of these areas are proposed for only temporary staging locations. The applicant has completed 10 borings on either side of the river as part of a geotechnical investigation related to the temporary detour bridge (three north of the river, seven south of the river). A geological report (which was not submitted for this application) indicates that geological resources in the project area consist of fill material, alluvium, and bedrock. The processes affecting these materials are man-made, such as excavation and grading, and natural. Since there is an existing bridge, impacts to geological resources would consist of relatively minor changes in topography, minor settlement of near-surface materials, possible increase in erosion, minor changes to the river flow regime and related sediment and related sediment transport, and potential changes in slope stability (from vegetation removal). These impacts would occur as a result of excavation, placement of structure and fills, and clearing and grading. Impacts related to construction would be temporary, localized changes to river flow regime; stability of partially constructed slopes; erosion; and resultant sedimentation. The highest risk to landslide would be slope failure into the Willamette River; however, considering the low height of the riverbank, such a failure would be limited to a small area relative to the width of the river. The applicant states that geotechnical investigations will also be completed during design to determine the best method to seat foundations and piers and to reduce effects related to hazards. Additionally, slopes will be constructed in a manner that reduces potential for erosion or small landslides. Therefore, the project would have no permanent effects on geological resources. In the context of a plan amendment, landslide and earthquake hazards are addressed consistent with this goal. Furthermore, specific construction details will be further reviewed during the local permitting processes, subject to applicable standards, such as, based on the earthquake hazard, geotechnical investigations should be completed prior to construction to determine the best method to seat foundations, piers, and bents to reduce effects related to earthquakes (e.g., lateral spread, liquefaction). In addition, slopes should be constructed in a manner that reduces the potential for erosion or small landslides. Regarding flooding, portions of the project area are located within the floodway and floodplain of the Willamette River. As previously stated, both Eugene and Springfield have adopted ordinances regulating construction within floodways and floodplains. Furthermore, in response to Metro Plan policies C.30 and C.31 below, which is incorporated herein by reference, because the 1-5 Willamette Bridge project is located within a FEMA designated regulatory floodway and Exhibit A - Findings Page 17 floodplain, the design of the replacement bridges must satisfy the regulations set forth in the National Flood Insurance Program (NFIP). The NFIP requires that any modifications that cause a rise in the Base Flood Elevations (BFEs, which corresponds to water surface elevations associated with the 100-year flood event) must be approved by FEMA. Two pier location scenarios are currently under consideration (Proposed Option A and Proposed Option B, see written statement page 9). Based on preliminary modeling, Option A would result in an increase of 0.02 feet over existing conditions for the 100-year flood event. For the Environmental Assessment, 'the hydraulic conditions of the 1-5 Willamette Bridge Project were analyzed using the U.S. Army Corp of Engineers' HEC-RAS model. Natural, existing and proposed conditions (with pier locations Options A and B) were modeled. Conservative assumptions regarding pier size were used for this modeling. Refined design of the concepts and further hydraulic analysis will allow confirmation that the proposed project will result in no rise of the base flood elevation. Option B would result in a decrease of 0.54 feet for the 100-year flood event, which is consistent with the no-rise standard and consistent with this goal. While Option A shows an increase of 0.02, which does not meet the no-rise requirement, this is not a detailed analysis and modeling will be run again when the design is refined for the permitting process in order to meet the no-rise requirement. A FEMA "no-rise" certification will be obtained from the City of Eugene for any construction or structures within floodways/special flood hazard areas that are outside of rights-of-\vay, within Eugene. In addition, the applicant states that the no-rise condition is also a requirement of ODOT for any bridge replacement project. Other hazards, such as earthquakes and severe winter storms can be mitigated at the time of development based on accepted building codes and building techniques. As previously stated, specific construction and operational details will be appropriately addressed during local permitting processes, subject to applicable approval criteria and related standards. Therefore, in the context of a plan amendment, the preliminary no-rise data, the landslide information, and findings above, the proposed plan amendments are consistent with Statewide Planning Goal 7. Goal 8 - Recreational Needs: To satisfy the recreational needs of the citizens of the state and visitors and, where appropriate, to provide for the siting of necessary recreational facilities including destination resorts. Goal 8 ensures the provision of recreational facilities to Oregon citizens and is primarily concerned with the provision of those facilities in non-urban areas of the state. East Alton Baker Park is located to the east and west of 1-5 right-of-way, which includes recreation, bicycle and pedestrian paths and the canoe canal (utilized by kayakers). The portion of the park that is west of 1-5 in Eugene is now called the Whilamut Natural Area and the portion of the park east of 1-5 in Springfield is called the Eastgate Woodlands of the Whilamut Natural Area (abbreviated here as Eastgate Woodlands) and these areas will be referred to as such for the remainder 0 f these findings unless otherwise indicated. The demolition and construction of the bridges will take place within the 1-5 right-of-way, which is not part of the park; therefore the replacement bridges will not remove or increase recreational opportunities at the park. However, removal of the detour bridge will include Exhibit A - Findings Page 18 removal of fill material from and rehabilitation of a portion of Eastgate Woodlands. The temporary easement obtained by ODOT to do this work requires rehabilitation of the area within 5 years of completion of the permanent bridges. This easement will ensure that recreational use of this area will return to pre-proj ect conditions. Additionally, during construction the park will be temporarily affected. Through the other local permitting processes (Willamette Greenway permit, Water Resources Conservation Overlay review, Willamette Greenway setback, etcetera) construction impacts will be required to be minimized through conditions of approval that would preserve bicycle, pedestrian and boater safety, and to maintain consistency with operational provisions in the East Alton Baker Park Plan (which includes the Whilamut Natural Area and Eastgate Woodlands). Public access to the Willamette River will continue to be provided through ODOT's right-of-way under the bridges therefore public access to the river will not be affected (written statement page 49, Metro Plan Policy D.9). Although the bicycle/pedestrian pathways may be impacted during construction, the application will provide a continuous route across ODOT right-of-way for the bicycle/pedestrian pathways that will be maintained on both the north and the south sides of the river during construction (written statement, page 61, Willakenzie Area Plan, Neighborhood Design Element- Willamette Greenway, Use Management Standard 2). Additionally, specific construction and operational details regarding public access and recreational impacts will be appropriately addressed during local permitting processes, subject to applicable approval criteria and related standards. Comments were received stating that (to summarize) the bridge provides a crossing of Franklin Boulevard and the railroad and that this provides an opportunity for those crossing to be made available to pedestrians and bicyclists. Additionally, the comments note that since the replacement is not accommodating such a crossing, the applicant has insufficient analysis regarding the provision of adequate access to Alton Baker Park. As discussed in more detail under the Metro Plan Transportation Element, Policy F .14 below which is incorporated herein by reference, the applicant proposes a continuous route across ODOT right-of-way for the bicycle/pedestrian pathways to be maintained on both the north and the south sides of the river during construction. This mitigates for the temporary impacts to the existing bicycle/pedestrian pathways and ensures that c.onnections between existing paths and to near-by Knickerbocker Bridge are maintained. In the context of the proposed plan amendments, this adequately addresses access for bicyclists and pedestrians as these are the existing bicycle and pedestrian facilities affected by the proposed amendments. Based on the findings above, in the context of a plan amendment, the proposal will not impact the provision of public recreational facilities, nor will they affect access to existing or future public recreational facilities. The amendments are therefore consistent with Statewide Planning Goal 8. Goal 9 - Economic Development: To provide adequate opportunities throughout the state for a variety of economic activities vital to the health, welfare, and prosperity of Oregon's citizens. The Administrative Rule for Statewide Planning Goal 9 (OAR 660 Division 9) requires that the City '"[p ]rovide for at least an adequate supply of sites of suitable sizes, types, location, and service levels for a variety of industrial and commercial uses consistent with plan policies[.]" Among other things, the rule requires that cities complete an "Economic Opportunities Analysis." OAR 660-009- 0015. Based on the Economic Opportunities Analysis, cities are to prepare Industrial and Exhibit A - Findings Page 19 Commercial Development Policies. OAR 660-009-0020. Finally OAR 660-009-0025 requires that cities designate industrial and commercial lands sufficient to meet short and long term needs. OAR 660-009-0010(2) provides that the detailed planning requirements imposed by OAR 660 Division 9 apply "at the time of each periodic review of the plan (ORS 197.712(3))." In addition, OAR 660- 009-0010(4) provides that, when a city changes its plan designations of lands in excess of two acres to or from commercial or industrial use, pursuant to a post acknowledgment plan amendment, it must address all applicable planning requirements and (a) demonstrate that the proposed amendment is consistent with the parts of its acknowledged comprehensive plan which address the requirements of OAR 660 Division 9; or (b) amend its comprehensive plan to explain the proposed amendment pursuant to OAR 660 Division 9; or (c) adopt a combination of (a) and (b) consistent with the requirements of Division 9. In the context of OAR 660-009-0010(4), the Eugene Commercial Lands Study (ECLS) is acknowledged for compliance with the requirements of Goal 9 and its Administrative Rule. The ECLS constitutes the City's obligation under OAR 660 Division 9. However, since the 1-5 Willamette Bridge Proj ect is occurring in approximately the same location of the existing bridges, within existing right-of-way, existing right-of-way easements, or temporary staging areas (within existing right-of-way or park property), OAR 660-009-0010(4) does not apply because the proposed amendment will not remove any land from the commercial land supply. Therefore, the amendments are consistent with Statewide Planning Goal 9. Goal 10 - Housing: To provide for the housing needs of the citizens of the state. Goal 10 requires that communities plan for and maintain an inventory of buildable residential land for needed housing units. The Administrative Rule for Statewide Planning Goal 10 (OAR 660 Division 8) states that "the mix and density of needed housing is determined in the housing needs projection. Sufficient buildable land shall be designated on the comprehensive plan map to satisfy housing needs by type and density range as determined in the housing needs projection. The local buildable lands inventory must document the amount of buildable land in each residential plan designation." The comprehensive plan map for the City is the Metro Plan land use diagram. The 1999 Eugene-Springfield Metropolitan Area Residential Lands and Housing Study (RLS) is acknowledged for compliance with the requirements of Goal 10 and its Administrative Rule. As previously stated, the proposed plan amendment will accommodate a bridge replacement project that will occur in approximately the same location as the existing bridges, within existing right-of- way, existing right-of-way easements, or temporary staging areas (that are within right-of-way or park property). Therefore, the inventory of residential land will not be impacted and thus Statewide Planning Goal 1 0 is not applicable. Goalll - Public Facilities and Services: To plan and develop a timely, orderly and efficient arrangement of public facilities and services to serve as a framework for urban and rural development. The area affected by the amendments, the bridge right-of-way, is located entirely within the City limits of both the City of Eugene and the City of Springfield. The proposed amendments would allow demolition and replacement of the temporary 1-5 bridge and reconstruction of the roadway Exhibit A - Findings Page 20 approaches to the bridges, which are all public facilities that are acknowledged in the Oregon Highway Plan and the local regional transportation plan (TransPlan) as necessary public facilities and services. Replacement of the temporary bridge with permanent bridges that meets current seismic standards ensures that this public facility continues to safely serve the area. The provision of these amendments does not significantly affect the planning or development of future public facilities or services. Therefore, the amendments are consistent with Statewide Planning Goal 11. Goal 12 - Transportation: To provide and encourage a safe, convenient and economic transportation system. Goal 12 is implemented through the Transportation Planning Rule (TPR), as defined in Oregon Administrative Rule OAR 660-012-0000, et seq. The Eugene-Springfield Metropolitan Area Transportation Plan (TransPlan) provides the regional policy framework through which the TPR is implemented at the local level. The TPR (OAR 660-012-0060) states that when land use changes, including amendments to acknowledged comprehensive plans, significantly affect an existing or planned transportation facility the local government shall put in place measures to assure that the allowed land uses are consistent with the identified function, capacity and performance standards (level of service, volume to capacity ratio, etc.) of the facility. TransPlan, which implements Goal 12, identifies 1-5 (including the 1-5 bridge) as an existing transportation facility. Determination of Significant Effect The TPR requires a determination of which existing and planned transportation facilities will experience a significant effect as a result of the proposed plan amendment, and defines what constitutes a significant effect. OAR 660-012-0060(1) Plan and Land Use Regulation Amendments As stated in the following findings, the plan amendments propose no significant effect on any planned or existing facilities under OAR 660-0l2-0060(1)(a), (b) or (c). OAR 660-012-0060(1) Plan and Land Use Regulation Amendments states the following: (1) Where an amendment to a functional plan, an acknowledged comprehensive plan, or a land use regulation would significantly affect an existing or planned transportation facility, the local government shall put in place measures as provided in section (2) of this rule to assure that allowed land uses are consistent with the identified function, capacity, and performance standards (e.g. level of service, volume to capacity ratio, etc.) of the facility. A plan or land use regulation amendment significantly affects a transportation facility if it would: (a) Change the functional classification of an existing or planned transportation facility (exclusive of correction of map errors in an adopted plan); (b) Change standards implementing a functional classification system; or The proposed amendment will not change the functional classification of an existing or planned transportation facility or change the standards implementing a functional classification system. Exhibit A - Findings Page 21 (c) As measured at the end of the planning period identified in the adopted transportation system plan: (A) Allow land uses or levels of development that would result in types or levels of travel or access that are inconsistent with the functional classification of an existing or planned transportation facility; (B) Reduce the performance of an existing or planned transportation facility below the minimum acceptable performance standard identified in the TSP or comprehensive plan; or (C) Worsen the performance of an existing or planned transportation facility that is otherwise projected to perform below the minimum acceptable performance standard identified in the TSP or comprehensive plan. The proposed amendment will allow for the construction of bridges to replace existing bridge facilities that have been decommissioned as being structurally unsafe. The replacement bridges will be constructed in approximately the same location as the decommissioned bridge. Since 2004 (when the primary bridges were decommissioned as unsafe), a (temporary) detour bridge has provided 1-5 traffic access over the Willamette River. Once the proposed bridges are constructed, existing traffic volumes currently using the detour bridge will be shifted from the detour bridge to the new bridges. Construction of the proposed bridges will simply reroute traffic from the current detour bridge to the (permanent) replacement bridges allowed by the proposed amendment. While the replacement bridges will be designed and constructed to accommodate six lanes of travel, because 1-5 is only four lanes, the bridges will be striped for four lanes. Until 1-5 is ,videned to six lanes, the bridges will remain striped for four lanes. Designing and constructing the bridges to allow for six lanes of travel is intended to accommodate future traffic needs traveling along 1-5; the additional 1-5 traffic will be generated by future development throughout the State of Oregon and, because 1-5 is a major interstate, throughout the United States. The construction of the replacement bridges, whether striped for four lane or six lanes, does not generate any additional vehicular trips, it simply provides passage over the Willamette River. When the bridges are eventually striped for six lanes (to be made consistent with 1-5), the additional bridge capacity will increase the performance and function of 1-5, not worsen it. Accordingly, the proposed amendment will not allow land uses or levels of development that will result in types or levels of travel or access that are inconsistent with the functional classification of an existing or planned transportation facility under OAR 660-0l2-0060(1)(c)(A). Further, the proposed amendments will not reduce the performance of an existing or planned transportation facility below the minimum acceptable performance standard identified in the TSP or comprehensive plan under (1)( c )(B), or worsen the performance of an existing or planned transportation facility that is otherwise projected to perform below the minimum acceptable performance standard identified in the TSP or comprehensive plan under (l)(c)(C). Exhibit A - Findings Page 22 For the reasons discussed above, the proposed amendment will not significantly affect an existing or planned transportation facility. OAR 660-012-0015 Preparation and Coordination of Transportation System Plans OAR 660-012-0015(1) directs ODOT to prepare and adopt a state transportation system plan that identifies a system of transportation facilities and services adequate to meet identified state transportation needs. The Oregon Transportation Commission has done that through adoption of the Oregon Transportation Plan (OTP) and modal plans, including the Oregon Highway Plan. The OTP includes policies to increase the efficient movement of people and goods for commerce and production of goods and services that is coordinated with regional and local plans. It emphasizes managing the existing transportation system effectively and improving that system before adding new facilities. The OTP also promotes a safe, efficient, and reliable freight system to support economic vitality. The OHP identifies 1-5 as an interstate highway within the state's roadway network. That highway necessarily includes a bridge over the Willamette River in Eugene/Springfield. OAR 660-012- 0015(2) and (3) require that regional and local TSPs be consistent with the state TSP. Transplan currently recognizes the importance of 1-5 to the region. Because the replacement bridges are necessary to maintaining 1-5, by approving the proposed plan amendments, all plans will remain consistent and the requirements of Goal 12 will be satisfied. Based on the above findings, the proposal is consistent with Statewide Planning Goal 12. Goal 13 - Energy Conservation: To conserve energy. Statewide Planning Goal 13 calls for land uses to be managed and controlled "so as to maximize the conservation of all forms of energy, based upon sound economic principles." Goal 13 is directed at the development of local energy policies and implementing provisions and does not state requirements with respect to other types of land use decisions. It is not clear that the goal has any bearing on a site-specific decision such as the one at issue. There is no implementing rule that clarifies the requirements of Goal 13. To the extent that Goal 13 could be applied to the proposed plan amendments, the proposal is consistent with Goal 13; the 1-5 Willamette Bridge project is located in the same location as the existing and previous bridges and will continue to make efficient use of energy with safe, direct and efficient access though the area. Comments were received that, in summary, the applicant fails to consider the conservation of energy by any means other than that of maximizing the efficiency of car and truck traffic. Specifically, failure to consider any provision for incorporating bicycle traffic into the crossing does not maximize the conservation of all forms of energy, particularly petroleum energy" However, given that Goal 13 is directed at developing local energy conservation policies, it is determined that Goal 13 is not a means to require a specific proj ect to add a bicycle and pedestrian component. Based on the findings above, the proposal is consistent with Statewide Planning Goal 13. Goal 14 - Urbanization: To provide for an orderly and efficient transitionfrom rural to urban land Exhibit A - Findings Page 23 use. The amendments do not affect the transition from rural to urban land use, as the project area is centrally located to the Metro Plan and is entirely within the Eugene-Springfield UGB. Therefore, Statewide Planning Goal 14 does not apply. Goal 15 - Willamette River Greenway: To protect, conserve, enhance and maintain the natural, scenic, historical, agricultural, economic and recreational qualities of lands along the Willamette River as the Willamette River Greenway. Portions of the project area are within the boundaries of the Willamette River Greenway. As found under Goal 2 above, which is incorporated herein by reference, a goal 15 exception is required by Policy D.ll of the Metro Plan and the applicant meets the requirements for an exception to Goal 15. Based on these findings, the proposal complies with Statewide Planning Goal 15 as excepted. Goal 16 through 19 - Estuarine Resources. Coastal Shorelands. Beaches and Dunes. and Ocean Resources: There are no coastal, ocean, estuarine, or beach and dune resources related to the property affected by these amendments. Therefore, these goals are not relevant and the amendments will not affect compliance with Statewide Planning Goals 16 through 19. (b) Adoption of the amendment must not make the Metro Plan internally inconsistent. The applicant proposes to amend the Metro Plan text of Policy D.ll to allow the placement of fill within the Willamette River greenway for the construction of the 1-5 Willamette Bridge Project. As found below, this text amendment will not create an internal conflict with the remainder of the Metro Plan. The applicant provided detailed findings intending to show how the Metro Plan text amendment is consistent with the policy direction contained in the Metro Plan. To the extent that they may be applicable, the applicant's findings are also incorporated herein by reference. The following Metro Plan polices are applicable to this request: B. Economic Element B.18 Encourage the development of transportation facilities which would improve access to industrial and commercial areas and improve freight movement capabilities by implementing the policies and projects in the Eugene-Springfield Metropolitan Area Transportation Plan (TransPlan) and the Eugene Airport Master Plan. While the expressed language of this policy may not be mandatory, the applicant's findings are provided as further support for the proposed amendments. Replacing the decommissioned 1-5 Willamette River bridge with two new bridges, and associated improvements, will maintain the access, mobility, and freight movement capabilities that the decommissioned bridge and temporary detour bridge have provided. By ensuring mobility is maintained along the interstate highway system through Eugene and Springfield, the replacement bridges will help provide convenient Exhibit A - Findings Page 24 access to industrial and commercial areas on connecting roads consistent with this policy. C. Environmental Resources Element C.8 Local governments shall develop plans and programs which carefully manage development on hillsides and in water bodies, and restrict development in wetlands in order to prevent erosion and protect the scenic quality, surface water and groundwater quality, forest values, vegetation, and wildlife values of those areas. C.9 Each city shall complete a separate study to meet its requirements under the Goal 5 Rule for wetlands, riparian corridors, and wildlife habitat within the UGB. Lane County and the respective city jointly will adopt the inventory and protection measures for the area outside the city limits and inside the UGB. C.10 Local governments shall encourage further study (by specialists) of endangered and threatened plant and wildlife species in the metropolitan area. C.11 Local governments shall protect endangered and threatened plant and wildlife species, as recognized on a legally adopted statewide list, after notice and opportunity for public input. These policies are directed to the local governments of Eugene, Springfield and Lane County and not necessarily the applicant. However, they are applicable to the extent that the cities of Eugene and Springfield and Lane County have adopted regulations to protect these resources, and that the applicant will be required to apply for applicable permits pursuant to those local requirements (Eugene's Willamette Greenway permit and Water Resources Conservation Overlay Zone, and Springfield's 75-riparian setback review). C. 23 Design and construction of new noise-sensitive development in the vicinity of existing and future streets and highways with potential to exceed general highway noise levels shall include consideration of mitigating measures, such as acoustical building modifications, noise barriers, and acoustical site planning. The application of these mitigating measures must be balanced with other design considerations and housing costs. Comments were also received regarding the noise abatement walls and limiting noise from the project. Since the project is not a "new noise-sensitive development in the vicinity of existing and futures streets and highways..." but is rather the reverse, a highway in the vicinity of existing residential development, this policy is not applicable. Furthermore, the highway is replacing an existing highway in approximately the same location. In the event that this policy is found applicable, the applicant's findings are incorporated to demonstrate consistency. As previously discussed under Goal 6 above, a project noise technical report was prepared as part of the Environmental Assessment (as required by NEP A) to analyze potential noise impacts resulting from the project. Per the ODOT Noise Manual (June 1996) analysis procedures, noise mitigation measures were evaluated to reduce noise levels to nearby residences as a result of the project. Noise walls were determined to meet the ODOT effectiveness and cost-effectiveness criteria in two locations and are recommended as mitigation (see supplemental information, Figures 7-9). The final Exhibit A - Findings Page 25 wall locations will be determined after public input is completed as part of the NEP A process. Additionally, as stated on page 13 of the written statement, the applicant proposes the following general measures: · Continue public involvement through design and construction . limit work hours . limit noise Based on these findings, this policy is satisfied. C.26 Local Governments shall continue to monitor, to plan for, and to enforce applicable air and water quality standards and shall cooperate in meeting applicable federal, state and local air and water quality standards. As previously stated under Goal 6, which is incorporated herein by reference, it is not anticipated that the replacement bridges will have a permanent adverse impact on air quality as the bridges are replacing an existing bridge. The applicant is proposing several measures including site preparation, site construction, coordination and post development measures discussed under Metro Plan Policy E.2, which is incorporated herein by reference, to reduce and mitigate impacts to water quality, consistent with this policy. In addition, water quality impacts will be further reviewed for compliance with local standards under the local permitting process for Willamette Greenway permit, Water Resources Conservation Overlay Zone and the 75-foot riparian setback and under the NEP A Environmental Assessment, subject to applicable requirements. C.30 Except as otherwise allowed according to Federal Emergency Management Agency (FEMA) regulations, development shall be prohibited in floodways if it could result in an increased flood level. The floodway is the channel of a river or other water course and III-C-16 the adjacent land area that must be reserved to discharge a one-percent-chance flood in any given year. C.31 When development is allowed to occur in the floodway or floodway fringe, local regulations shall control such development in order to minimize the potential danger to life and property. Within the UGB, development should result in in-filling of partially developed land. Outside the UGB, areas affected by the floodway and floodway fringe shall be protected for their agricultural and sand and gravel resource values, their open space and recreational potential, and their value to water resources. C.32 Local governments shall require site-specific soil surveys and geologic studies where potential problems exist. When problems are identified, local governments shall require special design considerations and construction measures be taken to offset the soil and geologic constraints present, to protect life and property, public investments, and environmentally-sensitive areas. Regarding Policy C.30 and C.3l, as discussed under Statewide Planning Goal 7, Natural Hazards, which is incorporated herein by reference, the 1-5 Willamette Bridge Project is partially located within a FEMA designated regulatory floodway and floodplain. Therefore, the desi.5rn of the replacement bridge must satisfy the regulations set forth in the National Flood Insurance Program Exhibit A - Findings Page 26 (NF1P). The NF1P requires that any modifications that cause a rise in the Base Flood Elevations (BFEs, which corresponds to water surface elevations associated with the 100-year flood event) must be approved by FEMA. The no-rise condition is also a requirement of ODOT for any bridge replacement project. Consistent with C.3l, both Eugene and Springfield have adopted ordinances regulating construction within floodplains and floodways; City of Eugene FEMA "no-rise" certification for any construction or structures within floodways/special flood hazard areas; and City of Springfield Type I permit to allow any construction in the floodplains or floodways within Springfield. Comments from the Eugene Floodplain Manager note that a FEMA no-rise certificate would only be required through the City of Eugene for construction (fill) or structures within the floodway or floodplain that are outside of the right-of-way. The proposal includes temporary staging areas outside of the ODOT right-of-way; portions of the Whilamut Natural Area and Eastgate Woodlands, and ODOT and Lane County property both located southeast of 1-5 and the Willamette River. For these areas, prior to any fill or other development within the regulatory floodway, ODOT will be required to obtain a "no-rise" certification stating that the development will not impact the pre-project (before the temporary bridge) base flood elevation elevations, floodway elevations and floodway data widths. This certification must be signed by a professional engineer and supported by technical data consistent with current FEMA standards. Based on the preliminary modeling, the proposed pier location options would result in the following; Option A would result in an increase of 0.02 feet over existing conditions for the 100- year flood event and, Option B would result in a decrease of 0.54 feet for the 100- year flood event. Option B, including a decrease in base flood elevation, is consistent with the no-rise and Policies C.30 and C.31. Option A's preliminary analysis shows an increase of 0.02 base flood elevation, which does not meet the no-rise requirement. However, a detailed no-rise analysis has not been submitted and the modeling will be run again to meet the no-rise requirement when the design is refined for the permitting process. Furthermore, ODOT requires its bridges to meet the no-rise requirement. Therefore, in the context of a plan amendment, these policies are met. Specific construction and operational details will be appropriately addressed during local and state permitting processes, subject to applicable approval criteria and related standards. Regarding Policy C.32, as noted under Goal 7, portions of the project area proposed for temporary staging areas are identified as moderate hazard risk areas on the map identifying Relative Slope Instability Hazards in Eugene. However, while this information may guide the City in adopting code revisions, it does not apply directly to land use applications as it is not adopted as refinement plan or as codified land use criteria. Additionally, based on the earthquake hazard, geotechnical investigations can be completed prior to construction to determine the best method to seat foundations, piers, and bents to reduce effects related to earthquakes (e.g., lateral spread, liquefaction). In addition, slopes can be constructed in a manner that reduces the potential for erosion or small landslides. Based on the findings above, in the context of a plan amendment, the proposed plan amendments are consistent with these policies. D. Willamette River Greenway. River Corridors. and Waterways Element Exhibit A - Findings Page 27 D.9 Local and state governments shall continue to provide adequate public access to the Willamette River Greenway. The applicant proposes that the public access connecting to the Willamette River Greenway will continue to be provided through ODOT's right-of-way under the 1-5 bridges, therefore public access to the Willamette River Greenway will not be permanently affected. As noted under Goal 8 Recreational Need above, which is incorporated herein by reference, a continuous route across ODOT right-of-way for the bicycle/pedestrian pathways will be maintained on both the north and the south sides of the river during construction (written statement, page 61, Willakenzie Area Plan, Neighborhood Design Element- Willamette Greenway, Use Management Standard 2). Therefore, in the context of a plan amendment, this policy is met. Additionally, these specific construction and operational details will be appropriately addressed during local permitting processes, subject to applicable approval criteria and related standards. D.11 The taking of an exception shall be required if a non-water-dependent transportation facility requires placing of fill within the Willamette River Greenway setback. An exception to Statewide Planning Goal 15 Willamette River Greenway was approved for Oregon Department of Transportation (ODOT) 1-5 right of way crossing the Willamette River and within the Willamette River Greenway Setback Line, for purpose of constructing a temporary detour bridge, implementing the conditions imposed on the Discretionary Use Approval (Springfield Journal SHR 2003-00115) and removing the temporary detour bridge after completion of the permanent replacement bridge. This exception satisfies the criteria of Oregon Administrative Rule (OAR) 660-004-0022(5) Willamette Greenway; the exception requirements of OAR 660-004-0020 Goal 2, Part II(c) for a 'reasons' exception; and pursuant to OAR 660-004-0015, is hereby adopted as an amendment to the Metro Plan text, Policy #D.11, Chapter IlL Section D. c As discussed under Goal 2 above, in accordance with Policy D.ll, the applicant is requesting an exception to Goal 15 for reasons outlined under OAR 660-004-0022. An exception is warranted per the standards set forth in OAR 660-004-0020. Therefore, the above Metro Plan text for Policy D.ll must be amended to acknowledge this Goal 15 exception. Accordingly, the following text amendment is proposed, with old text struck out and new text in bold: .<.\0 exception to State'.vide Planning Goal 15 \Villamette River Green\vay '.vas approved for Oregon Department of Transportation (ODOT) I 5 right of'..vay crossing the \Villamette River and \vithin the ',Villamette Riyer Green'l.'ay Setback Line, for purpose of constructing a temporary detour bridge, implementing the conditions imposed on the Discretionary Use .<.\pproval (Springfield J oarnal SHR 2003 00115) and removing the temporary detour bridge after completion of the permanent replacement bridge. This exception satisfies the criteria of Oregon .<.^..dministrative Rule (O.<.\.R) 660 004 0022(5) \Villamette Green'.-vay; the exception requirements of O}..R 660 004 0020 Goal 2, Part II( c) for a 'reasons' exception; and pursuant to O.<.^..R 660 004 0015, is hereby adopted as an amendment to the 11etro Plan text, Policy tfD .11, Chapter III, Section D. Exhibit A - Findings Page 28 An exception to Statewide Planning Goal 15 Willamette River Greenway was approved for Oregon Department of Transportation (ODOT) for purposes of removing and replacing the decommissioned 1-5 bridge, the temporary detour bridge and the Canoe Canal bridge with two new parallel bridges (one southbound and one northbound) within the 1-5 right-of-way crossing the Willamette River and Canoe Canal and within the Willamette River Greenway Setback Line. The exception authorizes construction and later removal of one or more temporary work bridges; demolition of the decommissioned 1-5 Willamette River Bridge, Canoe Canal Bridge, and detour bridges; construction of the two replacement bridges; reconstruction of the roadway approaches to the bridges (1-5 and ramps); rehabilitation of the project area; and completion of any required mitigation of project impacts. In association with these tasks, the exception further authorizes within the Willamette River Greenway Setback Line the addition and removal of fill within ODOT right-of-way and the removal of fill within a temporary slope easement east of 1-5. This exception satisfies the criteria of Oregon Administrative Rule (OAR) 660-004-0022(6), Willamette Greenway, and the exception requirements of OAR 660-004-0020 Goal 2 Part II (c) for a "reasons" exception, and pursuant to OAR 660-004-0015, is hereby adopted as an amendment to the Metro Plan text, Policy D.ll, Chapter 111, Section D. The proposed text amendment replaces the stand-alone paragraph under Policy D.ll regarding the temporary bridge. The applicant's proposed Metro Plan text amendment to Policy D.ll is adequate and with this text amendment and Goal 15 exception granted under Goal 2 above, Policy D.ll will be satisfied. E. Environmental Design Element E.2 Natural vegetation, natural water features, and drainage-ways shall be protected and retained to the maximum extent practical. Landscaping shall be utilized to enhance those natural features. This policy does not preclude increasing their conveyance capacity in an environmentally responsible manner. Bridge construction and demolition, including construction and removal of associated temporary work platforms, will impact riparian vegetation within the greenway. Construction is proposed within existing ODOT rights-of-ways and easements, with the exception of temporary staging areas. As discussed above under Goal 8 Recreational Need, removal of the detour bridges will include removal of fill material from and rehabilitation of a portion of the Whilamut Natural Area. ODOT has obtained a temporary easement to do this work which requires rehabilitation of the area within 5 years of completion of the permanent bridges. Construction best management practices will be implemented to minimize the effects of construction activities. Disturbed areas will be restored and ODOT will work with the community throughout the design and construction process to get input and advice on ways to avoid and minimize environmental impacts. According to the applicant, a species list provided by ORNHIC (Oregon Natural Heritage Information Center) indicates that there are no federal or state-listed Endangered Species Act (ESA) Exhibit A - Findings Page 29 terrestrial wildlife species known to reside within the project area. There are no known federal or state ESA -listed plant species or plant habitats have been identified within the project area. Two salmonid populations listed under the ESA are documented as occurring within the reach of the Willamette River that flows through the project area: . Upper Willamette River spring Chinook (Oncorhynchus tshawytscha) and critical habitat- federally threatened - FT. . Columbia River bull trout (Salvelinus confluentus) Distinct Population Segment (DPS) and critical habitat - FT. ODOT will coordinate with Oregon Department of Fish and Wildlife through the design process to identify opportunities to minimize habitat disturbance. To avoid and minimize potential impacts to fish and wildlife species habitat during and after construction activities, all applicable OTIA III State Bridge Delivery Program EPS will be implemented to reduce the extent of direct and indirect impacts to habitat. These include: . Minimize effects to natural stream and floodplain by keeping the work area to the smallest footprint needed. . Prepare and implement a plan to prevent construction debris from dropping into the Willamette River and to remove materials that may drop with a minimum disturbance to aquatic habitat. . Prepare site restoration plans for upland, wetland, and streambank areas to include native plant species and noxious weed abatement techniques, and use large wood and rock as components of streambed protection treatments. . Flag boundaries of clearing limits and sensitive areas to be avoided during construction. . Coordinate with Willamalane Park and Recreation District and the Eugene Parks and Open Space Division regarding sensitive areas in the Whilamut Natural Area and Eastgate Woodlands that should be avoided during construction. . Restore and revegetate disturbed areas. ODOT also proposes (written statement, page 13) to avoid, minimize and/or mitigate impacts of this project, consistent with this policy, by utilizing the following general measures amongst others: . Continue public involvement through design and construction . Plan traffic management to keep all travel modes open and safe during construction . Limit work hours . Restore/ enhance affected areas . Limit project noise Public comment was received expressing support for these measures, especially limiting project noise and work hours, especially for pile driving activities. In addition, specific design details will be reviewed and conditioned to minimize environmental impacts during federal and local permitting processes, subject to applicable approval criteria and related standards. The applicant proposes that the project will meet the OTIA III Environmental Performance Standards (EPS) in order to satisfy the requirements of the programmatic Exhibit A - Findings Page 30 environmental permits that apply to the statewide bridge program. These performance standards define the level of effect that a project may have upon the environment, thereby limiting or avoiding impacts to the environment through the use of proper planning, design, and construction activities. To avoid fish and wildlife species and minimize temporary impacts from construction activities, all applicable OTIA III State Bridge Delivery Program EPS will be implemented to reduce the extent of direct and indirect impacts to fish and wildlife species. Effects to water resources during construction and operation of the project will be minimized through the implementation of applicable mitigation measures in the OTIA III State Bridge Delivery Program EPS. It is noted that with regard to pier locations shown on page 9 of the application, Option B indicates a pier closer to the Mill Race, while Option A shows a pier closer to the Willamette River, however, no specific design is being reviewed at this time in the context of a plan amendment. Local permitting processes include Willamette Greenway permit and Water Resources Conservation Overlay for Eugene, and a 75-foot riparian setback review for Springfield. Natural vegetation, natural water features, and drainage-ways shall be protected and retained to the maximum extent practical, consistent with these permitting processes. This adequately addresses protection of natural vegetation, natural water features, and drainage- ways in the context of the proposed plan amendments. Additionally, these specific construction and operational details will be appropriately addressed during local permitting processes, subject to applicable approval criteria and related standards. E.4 Public and private facilities shall be designed and located in a manner that preserves and enhances desirable features of local and neighborhood areas and promotes their sense of identity. The replacement bridges will be located within the same ODOT right-of-way where the decommissioned bridge is located, an area already utilized by transportation infrastructure. The proposal also includes a reduction in the total number of piers, a reduction in the number of piers in the Willamette River, and review of bridge design options (based on aesthetic and budgetary considerations) through a separate public process; all of which should contribute to a positive visual impact, consistent with this policy. Additionally, impacted riparian areas and other lands within the greenway setback will be protected during the later permitting process through the imposition of approval conditions as necessary to comply with applicable approval criteria and related standards. Specifics of the bridge design can be considered during the plan amendment process or, for Springfield, through the Discretionary Use Approval process as provided in SDC 3.3-325 25.050 and 5.9-120. Conceptual designs are being addressed as part of the federal draft environmental process that precedes local land use decision- making. Additionally, as noted above in the discussion of Statewide Planning Goal 1 , the public is involved in this process. Among other things, ODOT established a Community Advisory Group (CAG) composed of representatives of local neighborhood associations, parks departments (City of Eugene and Willamalane Park and Recreation District), the Citizen Planning Committee for the Whilamut Natural Area, chambers of commerce, and the University of Oregon that has been involved in the development of the project and will continue to be involved during selection of the bridge type, its design, and construction. Exhibit A - Findings Page 31 Comments were received regarding concerns with traffic during the construction period along Martin Luther King Blvd, in the Alton Baker Park/Autzen Stadium area, and North Walnut Path where there will be large construction vehicles entering and exiting for several years. .As noted above, the applicant has proposed limiting work hours and project noise as well as sound walls. Conceptually, this is consistent with this policy. Furthermore, these concerns are more appropriately addressed during the local permitting processes where a construction management plan and detailed site plan will be reviewed in detail for minimizing these types of impacts. F. Transportation Element As previously mentioned, comments were received stating that the applicant's responses to Goals 1 and 2 of the Metro Plan, Transportation Element, do not demonstrate that these goals have been met. To summarize, Goals 1 and 2 support a transportation system that supports choices in modes of travel that will reduce reliance on the automobile and that enhances quality of life and economic opportunity by being balanced, accessible, efficient, safe, interconnected, environmentally responsible, etcetera (see Metro Plan pages III-F-l and 2). According to the Metro Plan (page 1-4), a goal is "a broad statement of philosophy that describes the hopes of the people of the community for the future of the community. A goal may never be completely attainable, but is used as a point to strive for." A goal is not something for which an application is measured against. Whereas a policy, which is a "statement adopted as part of the Metro Plan to provide a consistent course of action, moving the community toward attainment of its goal," can be used for determining consistency with the Metro Plan. As such, compliance with the goals, as measured through application of the policies, is determined as follows: F. 10 Protect and manage existing and future transportation infrastructure. Consistent with this policy, the 1-5 Willamette Bridge Project replaces a structurally deficient bridge with two new permanent bridges built to current seismic standards using construction methods meeting environmental requirements for permanent (rather than temporary) structures, and associated improvements, to accommodate anticipated traffic volumes and weight loads. This project reflects an effort to manage and protect 1-5, which is an essential part of the region's and state's existing transportation infrastructure, consistent with this policy. Furthermore, in response to the same policy in TransPlan (TSI System-Wide Policy 1), that this policy calls for the protection and management of existing transportation facilities in a way that sustains their long-term capacity and function. 1-5 is an existing transportation facility whose function is that of an interstate highway providing connections to major cities, regions of the state and other states. As an interstate highway, 1-5 also serves as a major freight route. TransPlan recognizes 1-5 as a single facility that includes a connection over the Willamette River. Failure to replace the decommissioned 1-5 bridge and temporary detour bridge with new permanent bridges capable of sustaining 1-5's long-term capacity and functions would be inconsistent with TransPlan and this policy. F.14 Address the mobility and safety needs of motorists, transit users, bicyclists, pedestrians and the needs of emergency vehicles when planning and constructing roadway system improvements. Exhibit A - Findings Page 32 As described in TransPlan, the intent of this policy is to support the design and construction of systems and facilities that accommodate multiple modes. However, it also supports consideration of the needs of emergency vehicles in the design and construction of system improvements. 1-5 across the Willarnette River is an existing transportation facility identified in Transplan and the OHP. Because the original 1-5 bridge is structurally deficient and had to be decommissioned, new permanent bridges are needed to address the safety and mobility needs of motorists and facilitate efficient movement of emergency vehicles between the north and south sections of Eugene and Springfield. The new permanent replacement bridges will be designed to meet applicable state and federal safety and mobility standards. The temporary detour bridge cannot accommodate the safety needs of motorists because it does not meet current seismic standards and the construction methods used to build it only met environmental requirements as they applied to temporary, not permanent, structures. Comments were received stating that (to summarize) the bridge provides a crossing of Franklin Boulevard and the railroad and provides an opportunity for those crossing to be made available to pedestrians and bicyclists, and since the replacement is not accommodating such a crossing, the applicant has insufficient analysis addressing the mobility and safety needs of bicyclists and pedestrians. As previously discussed under Goal 8, Recreation which is incorporated herein by reference, the applicant proposes a continuous route across ODOT right-of-way for the bicycle/pedestrian pathways to be maintained on both the north and the south sides of the river during construction. In the context of the proposed plan amendments, this adequately addresses mobility and safety for bicyclists and pedestrians as these are the existing bicycle and pedestrian facilities affected by the proposed amendments. Existing bicycle/pedestrian connections between the Laurel Hill Valley area and Alton Baker Park (and other areas north of the Willamette River) exist via Riverview, then westerly along the widened sidewalk on the south side of Franklin Boulevard to Walnut Street (where there is a signalized crossing of FranklinlORE99/BusinessORE126), northeasterly to an underpass beneath the railroad, then east to the Knickerbocker Bridge which connects to the southbank path and Day Island area that have connections to the canoe canal bridge and bike path north along the west side of 1-5 to Martin Luther King Jr. Boulevard. The applicant proposes to maintain a continuous bicycle/pedestrian pathway along the south (and north) side of the river through construction. Additionally, TransPlan has identified some improvements (unfunded projects) to the local system between the W alnut/Garden Avenue path connections to the Knickerbocker Bridge and path connections within Alton Baker Park. Furthermore, while the policies do not require a new pedestrian and bicycle connection in conjunction with this plan amendment, the applicant is not prohibited from incorporating a new pedestrianlbicycle element into their facility. Additionally, the findings under Statewide Planning Goal 12 regarding transportation are incorporated herein by reference as demonstration of consistency with this policy. Based on these findings, this policy is met. F.15 Motor vehicle level of service policy: a. Use motor vehicle level of service standards to maintain acceptable and reliable performance on the roadway system. These standards shall be used for: Exhibit A - Findings Page 33 (1) Identifying capacity deficiencies on the roadway system. (2) Evaluating the impacts on roadways of amendments to transportation plans, acknowledged comprehensive plans and land-use regulations, pursuant to the TPR (OAR 660-012-0060). (3) Evaluating development applications for consistency with the land-use regulations of the applicable local government jurisdiction. b. Acceptable and reliable performance is defined by the following levels of service under peak hour traffic conditions: LOS E within Eugene's Central Area Transportation Study (CATS) area, and LOS D elsewhere. c. Performance standards from the OHP shall be applied on state facilities in the Eugene-Springfield metropolitan area. In some cases, the level of service on a facility may be substandard. The local government jurisdiction may find that transportation system improvements to bring performance up to standard within the planning horizon may not be feasible, and safety will not be compromised, and broader community goals would be better served by allowing a substandard level of service. The limitation on the feasibility of a transportation system improvement may arise from severe constraints, including but not limited to environmental conditions, lack of public agency financial resources, or land use constraint factors. It is not the intent ofTSI Roadway Policy #2: Motor Vehicle Level of Service to require deferral of development in such cases. The intent is to defer motor vehicle capacity increasing transportation system improvements until existing constraints can be overcome or develop an alternative mix of strategies (such as: land use measures, TDM, short-term safety improvements) to address the problem. The 1-5 Willamette River replacement bridges will be striped to provide two travel lanes in each direction, consistent with current striping patterns. As noted under Goal 12 above, inc.orporated by reference, the construction of the replacement bridges, whether striped for four lane or six lanes, does not generate any additional vehicular trips, it simply provides passage over the \Villamette River and greenway. When the bridges are eventually striped for six lanes (to be made consistent with 1-5), the additional bridge capacity will increase the performance and function of 1-5, not worsen it. Additionally, it is noted that TransPlan projects 150 and 260 provide for the future widening of 1-5 from four to six travel lanes north and south of the Willamette River. (Because the 1-5 Willamette River Bridge and roadway is already recognized in TransPlan, there is no need to amend the plan. The required exceptions are not taken to meet requirements of Statewide Planning Goal 12 or the Transportation Planning Rule (TPR), but to comply with Willamette River Greenway requirements in Goal 15 and the Metro Plan. These findings address the consistency of the needed plan amendments with applicable Metro Plan requirements and land use regulations. Other applicable land use regulations will be addressed during the local permitting processes.) F. 16 Promote or develop a regional roadway system that meets the combined needs for travel through, within and outside the region. Although this policy language is not mandatory, the applicant's findings are incorporated herein as further demonstration of compliance with the Transportation Element: 1-5 is a state facility that Exhibit A - Findings Page 34 serves both statewide and regional transportation needs as defined in the TPR, i.e., needs for movement of people and goods (1) between and through regions of the state and between states (state need), and (2) between and through communities and accessibility to regional destinations within a metropolitan area (regional need). As such, it is an integral element of the Eugene- Springfield metropolitan area's regional roadway system. Indeed, it is likely the principal arterial serving the combined needs for travel through, within, and outside the region. Replacing a structurally deficient bridge with two new bridges and associated improvements promotes the maintenance and continuation of the regional roadway system serving the combined needs for travel through, within, and outside the region, consistent with this policy. F.29 Support reasonable and reliable travel times for freight/goods movement in the Eugene- Springfield region. Although this policy language is not mandatory, the applicant's findings are incorporated herein as further demonstration of compliance with the Transportation Element: consistent with this policy, connecting 1-5 north and south of the Willamette River via new, structurally safe bridge crossings is essential to ensuring that reasonable and reliable travel times for moving freight and goods in the region are maintained. Without the connection, tens of thousands of vehicles daily would be required to seek alternative means for crossing the river, clogging capacity and causing congestion and delay throughout Eugene and Springfield. Existing roadways lack sufficient capacity to accommodate the existing 49,000 daily vehicle trips or the 73,000 daily vehicle trips anticipated on the 1-5 Willamette River Bridge by 2030. F.34 Operate and maintain transportation facilities in a way that reduces the need/or more expensive future repair. Permanent replacement for the decommissioned bridge is necessary to improve safety and ensure mobility of all users of 1-5 in the Eugene/Springfield area. Replacing the unsafe decOlnmissioned bridge and substandard detour bridge with permanent bridges and associated improvements that meets current safety and design standards and that handles increasing traffic volumes will result in the continued operation of 1-5 and will eliminate the potential for a more costly, expedited future repair to ensure continued mobility, consistent with this policy. G. Public Facilities and Services Element G.18 The cities and Lane County shall adopt a strategy for the unincorporated area of the UGB to: reduce the negative effects of filling in floodplains and prevent the filling of natural drainage channels except as necessary to ensure public operations and maintenance of these channels in a manner that preserves and/or enhances floodwater conveyance capacity and biological function. G.19 Maintain flood storage capacity within the floodplain, to the maximum extent practical, through measures that may include reducing impervious surface in the floodplain and adjacent areas. As discussed under Goal 7 Natural Hazards and Metro Plan Policies C.30 and C.31, which are Exhibit A - Findings Page 35 incorporated herein by reference, in the context of the plan amendments the proposal is consistent with these policies. Specifically, the applicant's preliminary no-rise analysis indicates Option B would decrease the base flood elevation and Option A would increase the base flood elevation by 0.02 feet, which does not meet the no-rise requirement. However, the applicant has not submitted a detailed analysis and the modeling will be run again when the design is refined for the permitting process to meet the no-rise requirement. ODOT also requires its bridges to meet the no-rise requirement. Therefore, in the context of a plan amendment, these policies are satisfied. Additionally, the specific details of the development will be appropriately addressed during local and state requirements, subject to applicable approval criteria and related standards. Additionally, both the cities of Springfield and Eugene have adopted ordinances to regulate the construction within floodplains and floodways outside of rights-of-way. The applicant will be required to apply for the necessary permits which can be conditioned to ensure appropriate floodplain and floodway construction and mitigation. Furthermore, ODOT's own project rules require that the proposal result in a no-rise of flood elevation. The following findings are regarding consistency with other applicable refinement plans (TransPlan, Riverfront Park Study, Laurel Hill Plan) that are not proposed to be amended: TransPlan TransPlan was adopted as a refinement to the Metro Plan. The 1-5 bridge and roadway is identified within TransPlan, therefore, determination of consistency with TransPlan is necessary. However, it is noted that the applicable TransPlan policies have been incorporated into the Metro Plan under the Transportation Element policies above. The applicable TransPlan policies are as follows: TSI System-Wide Policies, Policy 1; TSI Roadway Policies, Policies 1-3; and TSI Goods Movement Policies, Policy 1. Therefore, the findings for Metro Plan policies F.lO, F.14, F.15, F.16, and F.29 are incorporated herein by reference to demonstrate compliance with these applicable policies of TransPlan. As previously mentioned, comments were received stating that the applicant's response to TransPlan Goals 1 and 2 (Metro Plan, Transportation Element, Goal 1 and 2), Objective #3, and TSI Roadway Policy #1 do not demonstrate that these goals and objectives have been met. To summarize, Goals 1 and 2 support a transportation system that supports choices in modes of travel that will reduce reliance on the automobile and that enhances quality of life and economic opportunity by being balanced, accessible, efficient, safe, interconnected, environmentally responsible, etcetera (see TransPlan Chapter 2, page 3 and Metro Plan pages III-F-l and 2). According to the TransPlan (Chapter 2, page 3), a goal is "a broad statement of philosophy that describes the hopes of the people of the community for the future of the community. .A goal may never be completely attainable, but is used as a point to strive for." A goal is not something for which an application is measured against. Similarly, an objective is "an attainable target that the community attempts to reach in striving to meet a goal. An obj ective may also be considered as an intermediate point that will help fulfill the overall goal." Whereas a policy, which is a "statement adopted as part of TransPlan to provide a consistent course of action, moving the conlmunity toward attainment of its goal," can be used for determining consistency with the TransPlan. As such, compliance with the goals and objectives, as measured through application of the policies, is determined under the Metro Plan, Transportation Element policies above. Regarding TSI Roadway Exhibit A - Findings Page 36 Policy # 1, see findings under Metro Plan Policy F .14. Riverfront Park Study Riverfront Park Study (RPS) is adopted as a refinement of the Metro Plan. Review of the RPS indicates that the study boundary includes the south bank of the Willamette River up to the 1-5 bridge. Figure 5 of the applicant's February 22, 2008 submittal materials identify a broad area for the temporary construction bridge location, which includes the south bank of the Willamette where it abuts the 1-5 bridge. Although the exact temporary construction bridge locations will determined through subsequent permitting processes, the RPS is applicable to the extent the area is potentially impacted as shown on Figure 5, and the applicable polices are as follows: Transportation 5. Required transportation projects will be phased and the phasing schedule will depend upon the level of participation of non-public funds (i. e., participation by a developer) and the level of actual development. The applicant indicates that it is not expected that the project will be phased. Environment 2. The existing Millrace which passes through a portion of the study area is an important environmental and historic city feature. Development occurring in the Riverfront Park shall maintain or improve the visual and bicyclelpedestrian access to and along the Mill Race, expanding its use for public recreation while at the same time recognizing its role as a storm runoff channel. 3. Development occurring in the Riverfront Park area shall be designed to preserve a significant cluster of black locust, English oak, and redleaf plum trees located just east of the current location of the bicycle path. 4. Development in the Riverfront Park area shall, when possible, maintain and enhance the public's physical access to the river and the riparian strip along its banks. The new bridges will be constructed in approximately the same location as the decommissioned and detour bridges. Though there would be a slight shift in the alignment of 1-5, all improvements would remain within the existing ODOT right-of-way. The new bridges therefore will not be located within the Riverfront Park Study area. However, as previously stated, portions of the temporary work bridges may be located within a small portion of the Riverfront Park Study area. ODOT would acquire temporary easements for use of non-ODOT property during construction. The Riverfront Park Study area in which a portion of the temporary work bridges may be located is just east of the 1-5 replacement bridges shown in Figure 3, south of the Willamette River, and north of Franklin Boulevard. The section of the Riverfront Park Study area that may be affected by the temporary work bridges does not include the Millrace and cluster of trees mentioned in the Riverfront Park Study Environmental Policies 2 and 3; therefore, these elements would not be affected. Public access to the river and along the Millrace will not be directly affected. See Exhibit A - Findings Page 37 responses to Goal 5 and Metro Plan Policy E.2. Laurel Hill Plan The Laurel Hill Plan (LHP) is adopted as a refinement of the Metro Plan. Review of the LHP indicates that a portion of the 1-5 project is within the study boundary (see applicant's February 22, 200S submittal materials, Figures 6 and S). Therefore, the applicable policies are as follows: Land Use and Future Urban Design C. Policies 6. The Laurel Hill Plan supports the South Hill Study standards. In general, alteration of the land contours shall be minimized to retain views of natural features and retain as much of the forested atmosphere as possible. Aside from purely aesthetic considerations, these hillsides demand care in development because the topsoil is thin and the water runoff is rapid. Proposed developments shall respect the above considerations. The Valley hillside policy applies to all land with an average slope, from toe to crest, of 15 percent or greater. (A 15-percent slope is one in which the land rises 15 feet per 100 horizontal feet.) a. If, in the opinion of the responsible City official, an adverse conservation or geological condition exists upon a parcel of land proposed for a subdivision, or before any major hillside clearing, excavation, filling or construction is contemplated, the requirements of the Uniform Building Code, Chapter 70, Excavation and Grading, and those sections of the code relative to foundation design may be invoked. b. Considerable latitude shall be allowed the developer in the shaping, depth, and required street frontages of lots where it is necessary to preserve the terrain. Regarding the standards of the South Hills Study which the LHP supports, the land within the southern portion of the project area (within the South Hills Study area) is below 500 feet in elevation (written statement, page 65). Project work within this area consists of roadway alignment. Therefore, since the project is below 500 feet in elevation, the project is not subject to the South Hills Study policies referred to above. In addition, geological resources in the project area consist of fill material, alluvium, and bedrock. The processes affecting these materials are man-made, such as excavation and grading, and are naturally created. The project would have no permanent effects on geological resources. Based on the earthquake hazard, geotechnical investigations should be completed prior to construction to determine the best method to seat foundations, piers, and bents to reduce effects related to earthquakes (e.g., lateral spread, liquefaction). In addition, slopes should be constructed in a manner that reduces the potential for erosion or small landslides. Furthermore, project improvements would occur within the existing ODOT right-of-way. The vegetation removed will be limited to the minimum area necessary for construction and staging activities. Following construction, cleared areas will be revegetated and returned to existing conditions to the extent practicable. Grading would be limited to minimum area necessary. Areas Exhibit A - Findings Page 38 affected by construction activities would be restored following construction. Conclusion Based on the findings above and the Goal 15 exception provided under Goal 2, the proposed amendments are consistent with the Statewide planning goals and the remainder of the Metro Plan. Recommendation Metro Plan Amendment Conclusion: Based on the available information and materials in the record, and the above preliminary findings, are found consistent with the applicable approval criteria regarding the Statewide Planning Goals and the remaining portions of the Metro Plan. Exhibit A - Findings Page 39 Exhibit B Findings 1-5 Willamette Bridge Project (Eugene file RA 08-1) Refinement Plan Text Amendment (RA 08-1) (City of Eugene decision only) The proposal includes a text amendment the Willakenzie Area Plan, a City of Eugene refinement plan, to allow the placement offill within 35 feet from the top of bank of the Willamette River for the 1-5 Willamette Bridge Project. The project includes replacement of the 1-5 bridges over the Willamette River and Canoe Canal (Patterson Slough), including construction and later removal of one or more temporary bridges, demolition of the original and detour Willamette River and Canoe Canal bridges, construction of replacement bridges, reconstruction of the roadway approaches to the bridges, rehabilitation of project area, and completion of any required mitigation. EC 9.8424 requires that the following criteria (in bold and.italic) be applied to a Refinement Plan amendment. (1)( a) The refinement plan amendment is consistent with the Statewide planning goals. With respect to the proposed refinement plan and Metro Plan amendments, the applicable Statewide planning goals are evaluated under EC 9.7730(3)(a) of the Metro Plan Amendment findings (see Exhibit A). As incorporated herein by reference, these amendments are found consistent with the Statewide planning goals. (l)(b) The refinement plan amendment is consistent with the applicable provisions of the Metro Plan. With respect to the proposed refinement plan and Metro Plan amendments, the applicable provisions of the Metro Plan are evaluated under EC 9.7730(3 )(b) of the Metro Plan Amendment findings (see Exhibit A). As incorporated herein by reference, these amendments are found consistent with the Metro Plan. (1) (c) The refinement plan amendment is consistent with the remaining portions of the refinement plan. The Willakenzie Area Plan (W AP) encompasses an area north of the Willamette River and west of 1-5, which would be affected by the 1-5 Willamette Bridge Project. The W AP text amendment to allow the placement offill within 35 feet of the top of bank of the Willamette River is determined to be consistent with remaining portions of the refinement plan as discussed below. The applicant provided detailed findings regarding how the W AP text amendment is consistent with Exhibit B - Findings Page 1 the policy direction contained in the W AP. Those policies found to be applicable to this request are addressed below. Land Use Element Land Use Policies and Proposed Actions 1. The City shall use the Land Use Diagram and accompanying text and policies of the Willakenzie Refinement Plan, as well as other applicable City goals, policies, and plans, to provide policy direction for public decisions affecting the plan area. The applicant is proposing a refinement plan text amendment which, as found below, would ensure that the proposed project is consistent with the W AP policies. Diagrams in the W AP identify 1-5 as a major arterial and part of the overall transportation system in the W AP, see the transportation functional classification map on page 84 which shows 1-5 over the Willamette River and Canoe Canal. As proposed, this application is consistent with this policy. 3. Retain existing significant vegetation whenever possible to provide buffering between residential and nonresidential uses, as well as between low-density and higher density residential uses. The project will result in the temporary removal of some existing vegetation buffering residential areas from 1-5. The vegetation removed will be limited to the minimum area necessary for construction and staging activities (see Figure 6 for approximate locations). As dis.cussed in more detail under Metro Plan policy E.2 (see Exhibit A) which is incorporated herein by reference, following construction, cleared areas will be revegetated and returned to existing conditions to the extent practicable. Therefore, in the context of a plan amendment, this policy is satisfied. It is noted that with regard to pier locations shown on page 9 of the application, Option B indicates a pier closer to the Mill Race on the south side, while Option A shows a pier closer to the \Villamette River on the north side, however, no specific design is being reviewed at this time in the context of a plan amendment. Furthermore, specific details of the development will be further addressed during local and state requirements, subject to applicable approval criteria and related standards. 4. Recognize Coburg Road, the Ferry Street Bridge, Beltline Road, Delta Highway, 1-5, and the Eugene-Springfield Highway (1-105) as designated entrance corridors to the city as identified in the adopted City of Eugene Entrance Beautification Study. The following are applicable policies from the Entrance Beautification Study as follows: Entrance Beautification Study 1. Identify the most direct and attractive routes into the city, encourage their use, and maintain and improve the character and quality of the entrance experience along these routes. 2. Design and implement improvements to Eugene's entrances which recognize the diversity Exhibit B - Findings Page 2 and identity of the areas in which the entrances are located. 3. Cooperate with other jurisdictions to make the most efficient use of available funds in achieving beautification of Eugene's entrances. 4. When evaluating designs for entrance beautification projects, give preference to designs which reduce long-term maintenance costs. W AP Land Use Element Policy 4 recognizes 1-5 as an entrance corridor. The applicant has provided conceptual illustrations of possible bridge designs (written statement, pages 9-10) although no specific design is proposed at this time, nor is a specific design typically necessary in the context of plan amendments. Replacing the decommissioned 1-5 Willamette River Bridge and associated improvements is consistent with that categorization as an entrance corridor and, for all practical purposes, necessary for 1-5 to retain this designation. Additionally, as discussed under the Goal 15 exception criteria OAR 660-004-0022(6)(a) (see Exhibit A) and under Transportation Element Policy 4 below, which are incorporated herein by reference, bridge design aesthetics is the subject of other on-going public participation processes. In the context of the plan amendment, and including the additional public outreach processes on design and local permitting processes, the proposal is consistent with this study. Transportation Element 1. The transportation network within the WiUakenzie area shall be planned and designed to ensure: a) preservation of existing neighborhoods; b) an adequate system of arterials and collectors for the efficient movement of through traffic; and c) the preservation of the use of local streets for local traffic. The functional classification map identifies 1-5 (including bridges over the Willamette River and Canoe Canal) as a major arterial. With regard to (b) and (c) above, 1-5 cannot adequately provide for the efficient movement of traffic through the Willakenzie area without replacing the unsafe, structurally deficient decommissioned bridge with a new river crossing. The amendment to Neighborhood Design Element, Use Management Standard 1 (Willamette River Greenway), addressed below, is necessary to ensure continued compliance and to maintain plan consistency with this Transportation Element Policy 1. With regard to (a) above, as previously stated, the project will occur within existing right-of-way and right-of-way easements. Some temporary staging locations are located outside of the right-of-way, however those are temporary in nature and the applicant proposes to re-store those areas upon project completion. Since no non-infrastructure areas will be permanently converted to ODOT use for this project, as proposed, this project will contribute to preservation of existing neighborhoods consistent with this policy. 4. The City shall provide for improvements to designated entrance corridors, including those in County and State jurisdictions, in conjunction with construction or reconstruction projects affecting those streets. 4.1. As part of the design process, provide for the development of corridor design plans that recognize the unique characteristics and individual identities of each of the Exhibit B - Findings Page 3 designated entrance corridors. While the City is not proposing any improvements at this time, the bridge crosses the Willamette River and is a defining feature of Eugene-Springfield. The project area also includes an important and highly used park with a designated natural area (the Whilamut Natural Area) and unique cultural features. Further, the bridge is an important symbolic gateway between Eugene and Springfield as well as for the Willamette River valley. A key consideration of the project is providing an aesthetically pleasing solution that recognizes the scenic beauty of the project area and therefore, a range of bridge types and pier options were considered. Selection of the bridge type for each segment is dependent primarily on aesthetic considerations and budget. Additionally, the reduction in the total number of piers and in the number of piers within the Willamette River will improve views of the river and, as such, contribute to a significant positive visual impact. Regarding 4.1, ODOT is developing the project to retain design flexibility related to bridge form, materials, and aesthetic treatments as well as to allow flexibility to the engineers to design an economical bridge that also meets community requirements. Selection of the bridge type for each segment is dependent primarily on aesthetic considerations and budget. The bridge design is being reviewed during a separate public process. 7. To the greatest extent possible, the City shall encourage regional and intercity traffic to use major rather than minor arterials. The Transportation Element functional classification map designates 1-5 as a major arterial. The proposed amendment to the Neighborhood Design Element, Willamette Greenway Use Management Standard 1 (discussed below) is consistent with this policy because it provides for the continued use of 1-5 through the area to serve through and regional traffic. Because the decommissioned bridge must be replaced for safety reasons, this policy can only be satisfied by approving the requested goal exceptions and Willakenzie Area Plan amendment. Therefore the proposal is consistent with this policy. 8. The City shall work with developers and the State of Oregon to ensure that noise attenuation is provided for existing and proposed residential developments along State highways when improvements are made to those roads. 8.1. At the request of residents, the City should work with residents and the State to determine cost-effectiveness and cost distribution for sounds barriers along existing freeways in the established neighborhoods where sound barriers are not currently installed. 8.2. The City should work with the State to ensure local, State, and Federal regulations pertaining to noise attenuation are met whenever a freeway is improved. A project noise technical report was prepared as part of the Environmental Assessment (as required by NEP A) to analyze potential noise impacts resulting from the project. Per the ODOT Noise Manual (June 1996) analysis procedures, noise mitigation measures were evaluated to reduce noise levels to nearby residences as a result of the project. Noise walls were determined to lneet the Exhibit B - Findings Page 4 ODOT effectiveness and cost-effectiveness criteria in two locations and are recommended as mitigation (see supplemental information, Figures 7-9). The final wall locations will be determined after public input is completed as part of the NEP A process. Additionally, as stated on page 13 of the written statement, the applicant proposes the following general measures: · Continue public involvement through design and construction . limit work hours . limit noise Comments were received from the affected neighborhood association, the Harlow Neighborhood Association, regarding the noise level in the residential area to the east of the bridge (the area of the Willakenzie Area Plan) and that the Environmental Assessment does not fully address this issue specifically about the noise level and the possibility of mitigation by the use of sound walls. As discussed above, the applicant has identified potential sound wall locations, although it is notable that according to Figures 7 and 8, no sound walls are identified in the formal Willakenzie Area Plan or in the Harlow Neighborhood Association area (the closest is proposed on the east side of 1-5). The sound walls, although not technically in the W AP at this time, in addition to the measures outlined above demonstrate consistency with this policy. Therefore, in the context of a plan amendment, these policies are satisfied with the findings above. Furthermore, the specific details of the development regarding sound walls and other noise mitigation measures will be more aptly addressed during the NEP A Environmental Assessment process and in the context of a more specific site plan required as part of a subsequent permit process, rather than at the plan amendment level. Based on the information provided, and as reviewed in detail for compliance with federal noise requirements under other federal processes, the proposal is consistent with these policies. Neighborhood Design Element Willamette Greenway Use Management Standard 1. Provision that all new structures, expansion of existing structures, drives, parking areas, or storage areas shall not be permitted within the first 35 feet backfrom the top of the riverbank, unless the location of the floodway boundary requires a greater separation. There are [three) four exceptions to this standard: A. Structures designed solely for recreational use (i.g., a deck or steps leading to the river) and driveways for boat landings and water-related or water-dependent uses are permitted within the 35-foot setback. B. Public improvements, including pedestrian and bicycle trails, public plazas, and similar amenities, but excluding roads and parking areas, are exempt from the setback requirements specified above. C. Structures existing as of the date of adoption of this plan shall be allowed to rebuilt at the same distance from the river that they were before destruction by fire, flood, or other disaster. Exhibit B - Findings Page 5 In the context of this use management standard, because the 1-5 replacement bridges (1) are not designed solely for recreational use; (2) would be elements of an interstate highway; and (3) are not being rebuilt due to a disaster, this use management standard requires an amendment. Accordingly, the applicant proposes that the standard be amended to read as follows on page 155 of the Willamette Greenway Section in the Willakenzie Area Plan Neighborhood Design Element, with bold text indicating new text: D. Replacement or expansion of the 1-5 Willamette River Bridge and its approaches. The proposed text amendment would allow the portions of the 1.,.5 Willamette Bridge Replacement project within the setback to occur. Furthermore, as found previously under Goal 2 above, an exception to Goal 15 is warranted in this case to allow the 1-5 Willamette Bridge Project to place fill within in the Willamette River. As amended, the proposal is consistent with this policy. Use Management Standard 2. Provision for public pedestrian and bicycle access along the river. As previously discussed under Statewide Planning Goal 8 (see Exhibit A) which is incorporated herein by reference, the bicycle and pedestrian trails will, to the maximum extent practicable, be kept open, safe, and useable during project construction. Although it is possible that the existing bicycle/pedestrian pathways will be interrupted during construction, the applicant proposes that a continuous route across ODOT right-of-way for the bicycle/pedestrian pathways will be maintained on both the north side and the south side of river during construction. The project will not have a long-term effect on existing bicycle/pedestrian access along the river, consistent with this policy. Furthermore, through the other local permitting processes (Willamette Greenway pennit, Water Resources Conservation Overlay review, Willamette Greenway setback, etcetera) construction impacts will be minimized through compliance with applicable approval criteria, related standards and any necessary conditions of approval to preserve bicycle, pedestrian and boater safety. Use Management Standard 5. Activities or uses such as open storage of materials shall be discouraged within the green way. The applicant indicates that two staging areas for material storage and stockpiling, equipment storage, job trailers, employee parking, and other construction-related uses would be occupied during construction; one on the north side of the river and one on the south. The currently-proposed staging areas would be located on ODOT right-of-way, but would also require the temporary occupancy of three parcels not currently owned by ODOT (including portions of the Whilamut Natural Area and Eastgate Woodlands) within the greenway and adjacent to 1-5. ODOT will acquire temporary easements for use of non-ODOT property during construction and proposes to revegetate all disturbed areas. Although both of these storage areas are within the greenway boundary and given the temporary nature of the storage for construction of the bridges, the proposal is consistent with this policy as it will not include long-term or permanent storage. In addition, through the other local permitting processes (Willamette Greenway permit, Water Resources Conservation Overlay review, Willamette Greenway setback, etcetera) construction impacts will be reviewed in detail and minimized through compliance with applicable approval criteria, related standards and any Exhibit B - Findings Page 6 necessary conditions of approval. Use Management Standard 7. Significant fish and wildlife habitats, as identified in the adopted Natural Resources Special Study, or Metropolitan Plan Natural Assets and Constraints Working Paper shall be protected. Sites subsequently determined by the Oregon Department of Fish and Wildlife shall also be protected. Portions of the project area are included within areas identified as natural assets and natural constraints, as identified in the following Metropolitan Plan Natural Assets and Constraints Working Papers: Development Prohibitions, Development Limitations, Flood Hazards, Wildlife, Scenic Areas, and Willamette River Greenway. No threatened or endangered terrestrial wildlife or plant species or habitat are known to reside within the project area. However, federally threatened salmonid populations are documented as occurring within the reach of the Willamette River that flows through the project area. Therefore, this policy is applicable. As previously discussed, there are several other policies that address impacts to these assets and constraints. Specifically, the findings regarding Goal 6 and Metro Plan Policy E.2 (see Exhibit A) are incorporated herein by reference as demonstration of how the proposed amendment is consistent with this standard. The applicant states that ODOT will coordinate with ODFW through the design process to identify opportunities to minimize habitat disturbance. To avoid and minimize potential impacts to fish and wildlife species habitat during and after construction activities, all applicable OTIA III State Bridge Delivery Program EPS will be implemented to reduce the extent of direct and indirect impacts to habitat. These include: . Minimize effects to natural stream and floodplain by keeping the work area to the smallest footprint needed. . Prepare and implement a plan to prevent construction debris from dropping into the Willamette River and to remove materials that may drop with a minimum disturbance to aquatic habitat. . Prepare site restoration plans for upland, wetland, and streambank areas to include native plant species and noxious weed abatement techniques, and use large wood and rock as components of streambed protection treatments. . Flag boundaries of clearing limits and sensitive areas to be avoided during construction. . Coordinate with Willamalane Park and Recreation District and the Eugene Parks and Open Space Division regarding sensitive areas in Alton Baker Park and the Whilamut Natural Area that should be avoided during construction. . Restore and revegetate disturbed areas. o Additionally, through other permitting processes, a detailed development plan will be reviewed and impacts to assets minimized, through compliance with applicable approval criteria, related standards, and any necessary conditions of approval. As previously discussed under Metro Plan policy E.2 (see Exhibit A), significant fish and wildlife habitats can and will be protected through compliance with the permitting requirements contained in the Eugene and Springfield development codes for developments in the greenway and in areas subject to Statewide Goal 5 (i.e. Willamette Greenway permit, 75-foot riparian setback, Water Resources Conservation Overlay). The cities of Exhibit B - Findings Page 7 Eugene and Springfield can impose approval conditions as they deem necessary to protect fish and wildlife habitats to the extent practicable, consistent with the need to provide a new 1--5 Willamette River crossing relevant to the Transportation Element policies identified above. The applicant is also proceeding with an Environmental Assessment as required by NEP A, which will assess the proposals environmental impacts. The applicant will also need floodway/floodplain development permits from the City of Eugene and Springfield. Additionally, as previously stated, the applicant will be conducting additional public outreach efforts regarding the aesthetics of the bridge design. Based on the findings above, the proposal complies with this standard in the context of a plan amendment. Additionally, further review during the local and other permitting processes will address the details of the proposal for the impacts to the resources Metropolitan Plan Natural Assets and Constraints Working Paper through compliance with applicable approval criteria, related standards, and any necessary conditions of approval. Use Management Standard 8. The natural vegetative riparian fringe along the Willamette River, as identified on the Willakenzie Area Plan Natural Resource Area Map, shall be protected and enhanced to the maximum extent practicable. The Willakenzie Area Plan Natural Resource Area Map identifies portions of the project area, including the temporary storage area proposed in the Whilamut Natural Area, as a natural resource area. The applicant states that the riparian vegetation removed will be limited to the nlinimum area necessary for construction and staging activities, and as required by the cities of Eugene and Springfield regulations, as previously discussed. Following construction, cleared areas will be revegetated and returned to existing conditions to the extent practicable. As discussed. under Metro Plan Policy E.2 (see Exhibit A), which is incorporated herein by reference, the applicant proposes several other measures regarding site construction, site preparation and coordination with stake holders to minimize impacts to the riparian area. Therefore, in the context of a plan aInendment, this standard is met. In addition, the natural vegetation riparian fringe along the Willamette River will be further protected as the specific details of the development will be further addressed during local and state requirements, subject to applicable approval criteria and related standards. Use Management Standard 9. Scenic qualities and viewpoints, as identified in the Metro Plan Natural Assets and Constraints Working Paper shall be preserved. Portions of the project area are identified as scenic areas, specifically the Willamette River and portions of Alton Baker Park adjacent to 1-5. The new replacement bridges will be located within ODOT's 1-5 right-of-way in essentially the same location as the decommissioned bridge. Furthermore, the reduction in the number of piers and fill would have a positive effect on scenic qualities. Therefore, in the context of a plan amendment, the proposal will have no substantial negative effect on the scenic qualities of these scenic areas or on any viewpoints. Exhibit B - Findings Page 8 Neighborhood Design Element - Natural Resource Area Protection 1. Significant wetland, riparian, water and upland sites in the Willakenzie area shall be protected from encroachment and degradation in order to retain their important functions related to fish and wildlife habitat, flood control, sedimentation and erosion control, water- quality control, and groundwater pollution control. As discussed under Metro Plan Policy E.2 (see Exhibit A), which is incorporated herein by reference, the applicant proposes several measures regarding site and vegetation restoration, site construction, site preparation and coordination with stake holders, to minimize impacts to the riparian area. Therefore, in the context of a plan amendment, this standard is met. Furthermore, as previously discussed, affected riparian areas and fish and wildlife habitat in the Willakenzie area will be further protected, and flood control managed, as the specific details of the development will be further addressed during local and state requirements, subject to applicable approval criteria and related standards (including Willamette Greenway permit, Water Resources Conservation Overlay, 75-foot riparian setback, FEMA no-rise certification, NEP A). Conclusion Based on the findings above, the applicant's proposed W AP text amendment is consistent with the remaining portions of the refinement plan. (2) The refinement plan amendment addresses one or more of the following: (a) An error in the publication of the refinement plan. (b) New inventory material which relates to a statewide planning goal. (c) New or amended community policies. (d) New or amended provisions in a federal law or regulation, state statute, state regulation, statewide planning goal, or state agency land use plan. (e) A change of circumstances in a substantial manner that was not anticipated at the time the refinement plan was adopted. The proposed amendments are not based on an error in the publication of the W AP, new inventory material relating to a statewide planning goal or new or amended state or federal laws, regulations, or policies; therefore EC 9.8424(2)(a), (b) and (d), above, are not applicable to this request. Regarding subsection (c), if it is found that subsection ( e) is not applicable as discussed below, it is arguable that the proposed refinement plan amendment constitutes a new or amended community policy under subsection (c) based on the proposed amendment to the Metro Plan to acknowledge this project. Regarding EC 9.8424(2)(e), the 1-5 Willamette Bridge Project constitutes a change in circumstances in a substantial manner that was not anticipated at the time the refinement plan was adopted, specifically with regard to the structural problems of the original 1-5 bridge and the need to bring the bridges (and thus the associated portions of the 1-5 facility) up to current state and federal safety and mobility requirements. Exhibit B - Findings Page 9 The W AP encompasses an area north of the Willamette River and east of 1-5 that would be affected by the 1-5 Willamette Bridge Project. As relevant to the bridge project, the W AP sets out "use management standards" that it deems consistent with Goal 15 and that "shall apply to development within the greenway in the Willakenzie area." The use standards within the W AP are explicitly incorporated in the Eugene Code's approval criteria for Willamette greenway permits. The following use management standard is relevant to this application. The applicant indicates that it is of particular concern to ODOT because, in its current form, it does not appear to permit the project to go forward: " 1. Provision that all new structures, expansion of existing structures, drives, parking areas, or storage areas shall not be permitted within the first 35 feet backfrom the top of the riverbank, unless the location of the jloodway boundary requires a greater separation. There are three exceptions to this standard: A. Structures designed solely for recreational use... B. Public improvements, including pedestrian and bicycle trails, public plazas, and similar amenities, but excluding roads and parking areas, are exemptfrom the setback requirements specified above. C. Structures existing as of the date of adoption of this plan shall be allowed to rebuilt at the same distance from the river that they were before destruction by fire, flood, or other disaster. " As previously discussed in detail under this W AP use management standard above, \vhich is incorporated herein by reference, the 1-5 Willamette River Bridge was an existing structure at the time this standard was adopted and it is likely that the structural deficiencies in the bridge were unknown and the need to replace the 1-5 bridge was unanticipated. Because the 1-5 replacement bridges (A) are not designed solely for recreational use; (B) would be elements of an interstate highway; and (C) are not being rebuilt due to a fire, flood or other disaster, this use management standard requires amending. Accordingly, ODOT proposes that the standard be amended to read as follows on page 155 of the Willamette Greenway Section in the Willakenzie Area Plan Neighborhood Design Element, with bold indicating new text: D. Replacement or expansion of the 1-5 Willamette River Bridge and its approaches. As found under Statewide Planning Goal 2 (see Exhibit A), which is incorporated herein by reference, an exception to Goal 15 is warranted in accordance with Metro Plan Policy D.ll for the 1-5 Willamette Bridge Project in order to address the structural deficiencies of the tenlporary bridge. The proposed amendment to the W AP allows the Goal 15 exception warranted under Goal 2 to be implemented. Given this change in circumstance, the proposed refinement plan text amendment is warranted. Recommendation Refinement Plan Amendment Conclusion: Based on the available information and materials in Exhibit B - Findings Page 10 the record, and the above preliminary findings, the proposal is found consistent with the applicable approval criteria regarding the Statewide Planning Goals, the Metro Plan, and the remaining portions of the refinement plan. Exhibit B - Findings Page 11 s Planning & Development Planning , City of Eugene 99 West 10th Avenue Eugene, Oregon 97401 (541) 682-5377 (541) 682-5572 FAX www.eugene-or.gov NOTICE OF DECISION' August 1, 2008 On July 28, 2008, the Eugene City Council adopted Ordinance No. 20414 and 20415 amending the Eugene-Springfield Metropolitan Area General Plan (Metro Plan) text including an exception to Goal 15, and amending the Wi 11 akenzi e Area Plan text, for the 1-5 Willamette Bridge Project City Files , (MA 07-3 & RA 08-1). Ordinance 20414 specifically amends the text of policy D.ll of the Eugene-Springfield Metropolitan ' Area General Plan (Metro Plan) to read and provide as follows: "An exception to Statewide Planning Goal 1 ~ Willamette River Greenway was approved for Oregon Department of Transportation - (OnOT) for pUlposesofremovingand replacing the decommissioned 1-5 bridge, the temporary detour bridge and the Canoe Canal bridge with two new parallel bridges (one southbound and one llorthbound) within the 1-5. right-of-way crossing the Willamette River and CanoeCal1aland within the Willamette River Greehway Setback Line.' The exception authorizes construction and later removal afone or more temporary work bridges; demolition of the decommissioned 1..5 Willamette River Bridge, ,Canoe Canal Bridge, and detour bridges; construction of the two replacement bridges; reconstruction of the roadway approaches to the bridges (1-5 and ramps); rehabilitation of the project , area; and completion 'of any required mitigation of project impacts. In association with these tasks, the exception further authorizes within the Willamette Riyer Greenway Setback Line the addition and removal of fill within OnOT right-of-way and the removal of fill within a temporary slope easement east ofl-5. This exception satisfies the criteria of Oregon Administrative Rule (OAR) 660-004- 0022(6), Wi 11 amette Greenway, and the exception requirements ,of OAR 660-004-0020 Goal 2 Part lI(c) fora "reasons" exception, andptirsuant to OAR 660-004..0015, is hereby adopted as an amendment to the Metro Plan text, Policy D.11, Chapter III, Section D'." Ordinance 20415 specifically amends the text of the Willakenzie Area Plan for portions of paragraph one in the Willamette Greenway section to read and provide as follows: "1. Provision that all new structures, expansion of existing structures, drives, parking areas, or storage areas shall not be permitted within the first 35 feet back from the top of the riverbank, unless the location of the floodway boundary requires a greater separation.' , There are four exceptions to this standard: A. Structures designed solely for recreational use (e.g., a deck or steps leading to the river) and driveways for boat landings and water-related or water-dependent uses are perinitted within the 35-foot setback. B. Public improvements, including pedestrian aq.d bicycle trials, public plazas, and similar amenities, but excluding roads and parking areas, are exempt from the setback requirements specified above. C. Structures existing as of the date of adoption of this plan shall be allowed to rebuild at the same distance from the river that they were before destmction by fire, flood, or other disaster. n. Replacement or expansion of the 1-5 Willamette River Bridge and its approaches." The amendments, findings and related materials can, be reviewed at ,1 st Floor Reception, Atrium Building, 99 West 10th Avenue, between 9:00 a.m. and 5:00 p.m., Monday through Friday. All decisions of the electedofficials are final. Persons who participated either orally or in writing in the local government proceedings leading to adoption of the amendments may appeal the decision to the Land Use Board of Appeals within 21 days of the decision. Appeals to the Oregon Land Use, Board of Appeals are governed by ORS 197.825 to 197.845. For additional information, please contact: Heather O'Donnell, Associate 'Planner City of Eugene Planning Division 99 West 1 0~J1 Avenue Eugen~, OR 97401 E"mai,~:,. heather.m.odonnell@ci. eugene~or. us phone: (511) 682-54~8 ; J;