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HomeMy WebLinkAboutOrdinance No. 19777ORDINANCE NO. ~' 7 AN ORDINANCE ING THE EUGENE-SPRINGFIELD METROPOLITAN AREA GENERAL PLAN TO REDESIGNATE PROPERTY IDENTIFIED AS MAP 17-02- 31, TAX LOTS 300 AND 700, FRaIVI LIGHT-MEDIUM AND HEAVY INDUSTRIAL LAND USE Ta A COMBINATION aF MEDIUM DENSITY RESIDENTIAL, LIGHT-MEDIUM INDUSTRIAL AND CONIIVIERCIAL LAND USES, AND ADAPTING A SAVINGS AND SEVERABILITY CLAUSE. The City Cauncii of the City of Eugene finds that: A. The City Council of the City of Eugene has received a proposal from the City of Springfield Springfield Journal No. 94-1~•2U1} for the amendment of the Eugene Springfield Metropolitan Area General Plan Metro Plan} to change the land use designations of a 53 acre site. B. This proposal comes to the City of Eugene for action pursuant to procedures described in the Metro Plan and Chapter 9 of the Eugene Cade, 1971 for amendment and refinement of the Metro Plan. C. The Lane County, Springfield and Eugene Planning Commissions reviewed the proposal in public hearings on March 12 and April 3, 1991, and made their recommendations to the Board of County Commissioners of Lane County, Springfield City Council and Eugene City Council on April 16, 1991. D. Evidence exists within the record indicating the proposal meets the requirements of Chapter 9 of the Eugene Code, 1971, and the requirements of applicable state and local law. E. The City Councils of Eugene and Springfield and the Board of County Commissioners of Lane Counfiy conducted a public hearing on May 6, 1991, and the City Council of the City of Eugene is now ready to take action. NO'S; THEREFORE, THE CITY OF EUGENE DOES ORDAIN AS FOLLOWS: Section 1. The above findings, and the findings set forth in Exhibit B, attached hereto and incorporated herein by reference are adopted. Ordinance - 1 Section Z. The Metro Plan Diagram land use designation of the property identified as Map 17-02-31, Tax Lots 300 and 700 is amended from "Heavy Industrial" and "Ifight- Medium Industrial" to a combination of "Medium Density Residential," "Light-Medium Industrial" and "Commercial," as depicted on Exhibit A attached hereto and incorporated herein by reference. Section 3. If any section, subsection, sentence, clause, phrase or portion of this Ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision, and such holding shall not effect the validity of the remaining portions hereof. Passed by the City Council this ,~~'day of May, 1991 Approved by the Mayor this ,2~~day of May, 1991 ~. City Recorder ayor ordinance - 2 r aTTaru~~r~T., A ~ ro a }O ~O t7 7~ 0 rn z z n n z 0 v IAA I N STREET ATTACHMENT B ,. Applicant's Proposed Findings in Support of ordinance Amending the Metro Plan ~Burkland f Spring~ood Site} I. METRO PLAN AMENDMENTS MUST BE CONSISTENT WITH APPLICABLE STATE GOALS Goal l -Citizen Involvement. This goal requires that programs be implemented that will provide an opportunity for citizens to be involved in all phases of the planning process. Springfield and the other two Metro Area planning jurisdictions have an acknowledged citizen involvement program and acknowledged procedures for securing citizen input on all proposed plan and zone changes. Thase procedures have been followed with this amendment. This plan amendment was referred to affected public agencies and groups, and notice of its contents was provided to affected residents and property owners through written and published notice as reflected in the record. Prior to final adoption, public hearings will have been held by the planning commissions and elected governing bodies of all three jurisdictions. Goal ~ • Land Use Planning, This goal requires establishment of a land use planning )~ process and policy framework as a basis for land use decisions. Satisfaction of this goal requires adoption of a comprehensive plan and its acknowledgment by the Gregon Land Conservation and I~eveloprnent Commission. This Metro Plan amendment is being processed as acitizen-initiated amendment as provided for in Chapter IV 4f the acknowledged Metropolitan Area General Plan and as implemented through the acknowledged land use codes of the three jurisdictions. Goals 3 & 4 • Agricultural and Forest Lands. These goals protect farm and forest land. The site is entirely within the older urbanized area of Springfield. It is acknowledged urban land. No part of the subject site or any abutting or nearby site is planned, zoned, held, or suitable for agricultural or forest use. Goal 5 -Open Spaces, Scenic and Historic Areas, and Natural Resources. This goal requires the conservation and protection of inventoried and significant open space, scenic and historic areas, and natural resources unless conflicting uses have been identifiied and justified through an analysis of the economic, social, environmental and energy consequences tESEE analysis}. No part of the site is within a floodplain or floodway. Springwood Plan Amendment Application Applicant's Proposed Findings March Zo,1991 Draft Page 1 f No threatened or endangered species have been found on the site. Drainage ditches and wetland areas on the site were identified as riparian resource in the Eugene-Springfield Metropolitan Goal 5 Wildlife Habitat Inventory Lev 1990}. Two sections of the Q Street ditch extending into the property were described, and values are identifiied in the inventory as a wildlife travel corridor. Site descriptions and maps from the inventory are attached. A 1994 study of the site was prepared for the City of Springfield by the Mitchell Nelson Group and David J. Newton Associates, entitled Analysis of Development Capability and Infrastructure Improvement Needs for Selec#ed Springfield Industrial Sites. It was prepared under a federal n Economic Development Administration grant and is referred to in these findings as the EDA Study. The EDA study confirms and refines wetland, riparian, and wildlife values on the site as set forth in the attached excerpts from the study. . Goal 5 was applied at the time of acknowledgment and the determina~ion was made to allow urban development of the site but to limit such development by application of protective plan policies at the time of review of speciftc development applications where Goal 5 resources had been identified. The current amendment does not alter this acknowledged program to achieve the goal. The program itself is to be applied at the time a specific development application is received, usually upon site review. The Environmental Resources Element of the Metro Plan implements Goal 5 as to such identified resources, Gbjective 2 gyp. III-C-b} requires the integration of open space and natural features into the design of urban development. Policies 1, 2, and 4 ~P. III-C-7} require the consideration of downstream impacts of development, prohibit development in the floodway, and require site-specific soils and geological studies where potential problems exist. Policies 18 and 19 restrict development in wetlands areas. Policy 20 encourages local governments to regulate development in such a manner as to better control drainage, erosion, storm runoff and to reduce street-related water quality and quantity problems. Policy ?,~ requires that, "when planning for and regulating development, local governments shall each continue to consider the need for protection of open spaces, including those characterized by significant vegetation and wildlife. Means of protecting open space include but are not limited to outright acquisition, conservation easements, planned unit development ordinances, streamside protection ordinances, open space tax deferrals, donations to the public, and performance zoning. Development of the subject property may occur only after site review pursuant to Springfield Development Code, SDC Article 31, which requires that the design of the proposed development, as conditioned, 'mitigates identifted negative impacts and resolves identified land use conflicts," including those identified here. 31.0643}. Each site plan review application must include a written description of the development proposal and a Springwood Plan Amendment Application Applicant's Proposed Findings March 20,1991 Drag Page Z site inventory map showing slopes, natural features, and existing public facilities. The development plan must show how natural features will be modified by construction activity, shaving building footprints and elevations as well as parking and circulation, public improvements, drainage, and landscaping. Site review approval of a specific development proposal an this site will require that the applicable resource protection policies of the Metro Plan be addressed, and that appropriate protection be afforded. Accordingly, the site can only be developed after implementation of the plan's acknowledged program to achieve the purposes of Goal 5. In addition, ail wetlands failing under the jurisdiction of the Division of State Lands and/or the Corps of Engineers will be protected as required by applicable state and federal laws and regulations. The forested wetland, drainage ditch, and wet meadow area identified in the EDA Study as "the most significant wetland resource area" on the site has been identified on the applicant's conceptual plan ~capy attached} as 'enhanced VL~etland" and shall be fully protected under any development plan that is approved. Goal b -Air, Water and Land Resources Quality. This goal requires that local comprehensive plans and implementing measures be consistent with state and federal regulations governing air, water, and land resources quality. An LRAPA analysis of emissions from the nearby industrial area confirms that those industries are operating within existing safety standards and that exposures on the site are well below those standards. In addition, the application, as modified, calls for an industrial buffer area east of the only existing heavy industrial facility near the site, the Neste resin plant. This area will be designated for General Commercial use, excluding all residential uses and permitting only general commercial uses, providing both a buffer and a logical transition. Based upon the models which LRAPA has developed, the proposed buffer will provide far more protection to the residents of Springwood than is required by any applicable statute or regula~on. It will provide many times the protection afforded to plant workers under federal law. And it will provide substantially more protection to Springwood residents than is currently enjoyed by residents of the large existing.neighborhood just east of the Neste Plant and the trailer park just north of the plant. The matrices and printouts that LRAPA has provided pro jest potential concentrations of formaldehyde in the air at vanaus distances to the east of the plant when the wind is blowing from the west. The matrix species 14 wind speeds and b air stability levels. At any specific distance and direction, the projected concentration would exist only when the wind was blowing in that direction at the specified speed under the specified air stability conditions. An onsite air-quality test, in which measurements were taken for six hours a day under variable and uncontrolled weather conditions on four consecutive weekdays Friday, March 1, and Monday-Wednesday, March 4-~~, from two sites, one due east of the Neste plant at the eastern edge of the proposed industrial buffer, and the other in the residential area just north of the buffer area, detected no more than .oU1 ppm. average exposures on any day, using the most sensitive testing methodology available. Springwoad Plan Amendment Application Applicant's Proposed Findings March X4,1991 Draft Page 3 The highest projected concentration in LRAPA's model occurs right next to the plant on the western side of the 100-foot railroad right of way, over 504 feet from any potential residential use, only under speck wind direction, wind speed, and air stability conditions. This level is approximately one-half the level to which workers may be exposed continuously for eight hours a day, 30o days a year under ,the Federal Occupational Health and Safety Act ~DSHA}. The 45HA standard is ~.2 parts per million, or 1,504 micrograms per cubic meter, compared with the measured .001 ppm. or < 1 micrograms/cubic meter actually measured in the .monitoring tests described above. The highest projected concentration occurring outside the proposed buffer area, according to LRAPA's models, would be only one third of the eight-hour, Soo-day-peryear DSHA standard. Furthermore, these exposures would, according to the model, occur with far less frequency than the daily exposure assumed by the OSHA standards. For example, the highest concentration on the site, which occurs at the west side of the Burkland property next to the railroad right of way just east of the Neste .plant, occurs only about one percent of the time, compared to the S-hour daily exposure of double that concentration permitted for workers at the plant site. LR.APA's model assumes that the wind flows generally from west to east toward the Springwood site about 25 percent of the time. The rest of the time the wind will be blowing the plant's emissions in other directions. The most common condition on the site will be a zero concentration, because the wind will be blowing in another direction, when the wind is from the west, concentrations at any given distance will often be at or near zero, and will only occasionally and briefly approach the highest concentrations, which themselves are .well below the DSHA standards. The most frequent combination of west-to-east direction and any given air stability condition is about 13 percent, which is to say that about 13 percent of the time the wind will be flowing generally west to east under stability condition D. The highest concentrations projected for the entire site occur when the wind is at one mile per hour under these conditions, or about 8.5 percent of the time that all other conditions are present. Eight and a half percent of 13 percent is 1.15 percent. The Springfield area is near or above its carrying capacity for particulates and EPA criteria pollutants. The applicant has agreed to a restriction under the proposed plan amendment that would prohibit the installation or use of woodstoves and fireplaces in any residence on the subject property. This restriction will allow socially and economically desirable development of this serviced urban land without the air pollutants that would be a natural consequence of development of the property with heavy and medium industrial uses under the current land use designations. It would also make the proposed community one of the least, if not the least polluting residential development in the Eugene-Springfiield Metro area. Goal 7 -Areas Subject to Natural Disasters and Hazards. This goal requires that in areas of natural hazards, such as landslides and floods, developments must incorporate appropriate safeguards. Springwood Plan Amendment Application Applicant's Proposed Findings March 20,1991 Drab Page 4 Metro Plan Policy C-4: Local governments shall require site-speck 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 resent; to rotect life and P P property, and to protect environmentally sensitive areas." Page III-C-7. The site is Hat in a floodplain or ffoodway. It is level and not subject to slides. The oat . ., g does not address art~fic~al hazards, such as those from traffic, ~ndustnal arct~v~ , ar tY excavation. The applicant has addressed the problem of noise, safety, air quality and compatibility with nearby industrial activities by proposing a large buffer of nonresidentiall - . .. ,. Y designated land to the east of the ex~st~ng resin plant. In addition, the , applicant has proposed to fence and landscape the entire western boundary of the property, consistent with wetlands regulations, to provide a bermed and fenced buffer at least 30 feet deep, along with a similar buffer area at least one hundred feet deep along the northwest boundary. These buffers shall be requirements of this plan amendment, to be implemented upon site review. Goal S -Recreational Needs. This goal re wires tannin for recreation areas facilities and q p $ opportunities in appropriate proportions and in such quantity and locations as is consistent with the availability of resources. The Springwood proposal amply provides for these resources. It calls for a day care center, outdoor youth recreational area, and a senior center. The site is located four blocks due west of Tyson Park see attached ma from .. P Mid-Spnngfield Refinement Plan}, well wrth~n the park's half-Hole service radius. The park provides the neighborhood with open space, softball, picnicking, basketball facilities, and open space, The Springfield area is well-served by the willamalane Parks and Recreation District, with a complete park system, indoor pools, and athletic facilities. The central location of the site will make efficient use of these facilities in awell-served part of town. Goal 9 -Economic Development. This goal calls for diversification and improvement of the economy, Among other things, each community must inventory its stack of buildable commercial and industrial lands, project future need for such lands, and plan and zone adequate acreage to meet the projected needs. Overall, the Eugene•Springfield area is comparatively well-supplied with industrial land. The March, 19991, Draft Metro Area Industrial Lands Study provides the following figures, based upon a detailed review of all industrially-designated sites within the regional growth boundary: Short-term supply: Short-term demand: Long-term demand: Grass supply: Buildable supply; . 1,947 acres Z28 to 410 acres 650 to 1,170 acres 4,039 acres 3604 acres Springwood Plan Amendment Application Applicant's Proposed Findings March Z4, 1991 Dra#1 Page 5 Constraint free: 1,688 acres In testimony before the joint planning commissions, counsel for one of the opponents, the Neste company, stated that he had served on the Industrial Lands Study Task Force and that "not one acre" of the region's industrial land inventory. could be spared. In addition, the study identifies the Burkland site as one of the available "short-term" industrial sites because of its size, central location, and availability of services. However, a much more detailed and in-depth study of the site's absolute and relative potential for. industrial development was was conducted for the City of Springfield in 199D as part of the EDA Study. This study concludes that the site would require ma'or off-site J improvements, at a cost of $2,a0o,Da0, raising overall development costs to approximately $3,600,000, or over $ Ioa,a00 per acre. The principal need is for an access road to Interstate Connector I-105, access which a number of otherwise comparable sites in the region already have. The study notes that the city's resources for infrastructure are limited and recommends that it concentrate them on its one or two best sites, which do not include the Burkland site. Even. with such improvements, the study finds that the property is so configured that it would best be developed in phases, eliminating its value as a single large, site. The study finds that the neighboring Giustina site, across Main Street to the South, is similar. in many ways, as a large site in single ownership in the same location, but that it can be developed at far Tess cost in infrastructure improvements. The study recommends that the southern end of the site be developed commercially, as is proposed by the applicant. The site has no value as an expansion site because it is separated from neighboring industrial uses on the west by a 1o0-foot-wide railroad right of way occupied by tracks and a berm. The only other adjoining industrial use, to the northwest, is separated from the site by a wooded wetland. The applicant's proposal preserves the only function of value to the existing uses, which is to provide a buffer and transition to residential uses. Both studies foresee no significant future demand for heavy industrial lands. The filled log pond on the site is identified in the EDA study as a problem for industrial development. The applicant's engineer confirms this finding, and points out that, while the bearing capacity of the filled panel is insufficient for most industrial development, 'Zn contrast, the proposed ~housing~ development employs premanufactured units which require cower soli bearing capacities. ~In addition,] the percent of coverage of structures that would require removal of the soil mass is far less than that associated with industrial developments." The draft industrial Lands Study also finds that the most likely" projected long-term demand for industrial land throughout the entire Metropolitan Urban Growth Area "is estimated to be 6Sa acres." Aless-likely scenario projects along-term demand of 1,172 acres. 5 Springfield has half of the 4S 100-percent constraint-free, short term sites.-west Eugene and 'Nest Springfield, which includes the Burkland site, have the best supplies of Springwood Plan Amendment Application Applicant's Proposed Findings March Z0, 1991 Drab Psge b "constraint-free industrial sites that are presently within a ci and are well-served with . " ~Y ~ ~ unprovements. 4 Nest Spnng~ield has b27 ~ndustnal acres, with the "fewest potential constraints and the most constraint-free sites ~2~} of all regions and it is generall well- . • " ~ ~ served by public improvements. 4 west Spnng~eld s current short-term supply exceeds the "most hkel}~' Tong-tens demand for the entire Metropolitan Urban Growth Area. 5 Projected demand far heavy industrial land is nonexistent. 5 Labor Supply and Industrial Growth The November, 1994, Draft Industrial Lands Study finds that the "long-term deterioration of the average earnings per job relative to the state and nation will continue to be a disincentive to labor migration to Lane County and the Eugene-Springfield Metro olitan • i area. The Study projects labor shortages and a slowdown vn employment growth," A leading guide to industrial location observes that 'Zt may not be far-fetched to state that labor is the most important sin le g factor influence plant location; hand plant relocation} decisions. without a supply of competent workers no plant can operate efficiently and competitively in a market economy. For this reason proof of the availability of a qualified labor farce that can be hired at a reasonable cost is often required by an industrial flirm before it will locate in an area..." Moriari , . ~' Industnal Location and Community Development ~UNC Press 19$4)1$1. Labor Supply and Affordable Housing; A Critical Link A decline in wages can be offset in part by a decline in shelter costs, Instead, the Eu ene- g Springfield area has seen a steady increase in shelter costs resulting in an even ti ter l~ squeeze on skilled and semi-skilled workers, The community which offers the best combination of wages and shelter costs will have a strong cam arative advanta a in p. $ attracting and retaining the labor farce necessary to attract and retain industry, A Task Force on Homelessness and Affordable Housing found in a report issued in November of 1959 that - "A ,serious and growing affordability crisis in Lane County" is evidenced in part by "the increasing proportion of incomes that households must pay for housing," 1 Among those most affected by the affordable housing crisis are "the working poor,' employed heads of households caught between falling wages and rising shelter costs. 1,2,6. - In 1988, over 24 percent of all low-income renters in Lane County were paying more than 75 percent of their income for rents. l Springwood Plan Amendment Application Applicant's Proposed Findings March 20,1991 Drab Page '~ Senior Housing and the Economy--"'The Silver-Haired Economic Base." The January, .1991, Pacific Northwest Executive, in an excerpt reprinted in the Eugene Business Assistance Team's newsletter, NE'TMA~, describes retirees as '"The 5ilver- Haired Economic Base," and the May, 1990, draft of the I~OG industrial land stud • Y describes retirement housing as the functional equivalent of an ~ndustnal use. The reason for this is transfer payments. As the BAT Team explains it in NETMA: 'Zn the Northwest, retirement-related transfers were the leading source of personal income growth in the last 2fl years. Average growth rates exceeded 6% and outpaced the growth rates of earnings income by more than two to one. Roughly one out of every three dollars of personal income; in the Northwest stems from either transfer payments or property income. 'Retirees are an emerging source of stable income, and economic developers now refer to them as the silver-haired economic base.' This type of income provides a stable growth that serves to dampen cyclical swings in personal income and helps cushion economies from the effects of recession." This analysis is confirmed by the fallowing findings of a study entitled Retirement Communities: economic and Political Impacts, by the Institute on Aging of the School of Urban Studies at the University of Portland: - "Transfer payments--income received by individuals far which current services are not rendered, including Social Security, pension, and investment income, play an increasingly important role in local economies... . - "The growing importance of transfer payments in local economies is clear." - "More and more frequently economic development analysts include cash transfers in basic sectors in measuring local employment growth. ...The move toward incorporating transfer payments into basic sectors in local analysis has occurred because transfer payments create an inflow of cash and are considered less subject to changes in local economies." - 'Research has noted that the elderly: "became consumers of medical, recreational, and retail services; "make few demands on public service institutions; "contribute to the tax base; and "present negligible competition for local jobs,"i - "Small communities can capture local spending by offering a range of essential 1 PSU paper at 3, citing Longino & Biggar, 19$0. Springwoad Plan Amendment Application Applicant's Proposed Findings March 20,1991 Drag Page S services, such as barber-beauty shop, florist, grocery, pharmacy, cafeteria, and reaeational facilities. Local travel and banking services can also be enhanced, stimulating new jobs and providing a necessary .service for older residents." - "For many communities, retirement income can lead to job growth in a similar manner to the way that industrial payrolls do." - "Industries which provide services for older adults-such as life care facilities-have also been shown to generate direct employment A recent study completed by Pacific Power (1987) notes that this employment potential is substantial. In general the study notes that about -1.5 jobs are created by each resident in a residential care facility; -1.3 jobs per resident in an intermediate care facility; -1.1 jobs per resident in a skilled nursing facility; and -1.1 jobs per patient in acute care facilities." M "Alder adults spend more of their total income in the local economy, while less of their income is subject to state and federal taxation." Also, a higher~percentage of spending for services stays local than does spending for durables. Compare the leakage an the purchase price of a car with the same amount of expenditures for a mix of services and nondurables. 4 - Jab creation effects are strong in part because there is less 'leakage" of elderly residents' money outside the community. 4 Goal 10 • Housing. This goal requires local jurisdictions to provide for the housing needs of citizens of the state, and provides that 'Buildable lands for residential use shall be inventoried and plans shall encourage the availability. of adequate numbers of housing units at price ranges and rent levels which are commensurate with the financial capabilities of Oregon households and allow for flexibility of housing location, type and density." According to the latest 1991 drafts of the Metro Area's industrial lands study and Springwood Plan Amendment Application Applicant's Proposed Findings March Z0, 1991 Draft Page 9 residential lands study, medium density residential land allocations are extremely tight, especially when contrasted with industrial land allocations. The draft residential lands study shows a projected medium density residential demand of 134Q-144a buildable acres over the long-term plaruung period. The long-term, unadjusted gross supply of land designated either in the plan or on a zoning snap, is 1,339 acres, less than the lower of the two projected figures. The actual supply of medium density land not subject to physical constraints, such as wetlands, flood plains, and severe slopes, is 287, or less than 25 percent of the designated land. These constraints do not include nonphysical but very real constraints such as the unavailability of services, off-site development costs, and location outside city limits, which subjects unincorporated sites to the complex and uncertain vagaries of the annexation process. Not surprisingly, the exclusive status of that site and the limited number of other, smaller sites, has raised their market value to the range of $25,000 or more an acre u , an amount P which, financed with the rest of the development package, would rase the rent of each unit in the proposed project by $75-$10a a month, rendering them unaffordable for a significant portion of those whom the project is intended to serve. The applicant, in consultation with area realtors and Iocai Iand use officials, reviewed a variety of candidate sites and found none that were realistically available for immediate development, A narrative of his efforts is in the record, as is a detailed review of medium- density sites over to acres, prepared by land use consultant Jim Saul, which confirms that the supply is indeed very tight. By contrast, the draft study on Industrial Land supply and demand shows that the short- term supply alone far exceeds not only short-term demand but long-term demand. Short- term supply is 1,94? acres. Short-term demand is 228 to 410 acres. Long-term demand is 65o to 1,170 acres. The grass supply of industrial land is 4,039 acres. The long-term buildable supply is 3,604 acres. Currently constraint-free land is 1,688 acres. Both short-term supply and constraint-free industrial lands outpace long-term supply. It should not be surprising that, under the circumstances, it is not passible to find land in the Eugene-Springfield ll~etro Area which is suitable, affordable, and properly designated for low-income housing of any kind. This deficiency in the area's planning for affordable housing could not come at a worse time. During the 10 years since the Metro Plan was acknowledged, the problem of affordable housing has grown steadily worse, both nationally and here in central Lane County. Nationally, the 1988 report, State of the Nation's Housing, containing recommendations of the National Housing Task Force, paints the following bleak picture: "America is increasingly become a nation of housing haves and have-Hots." Springwood Plan Amendment Application Applicant's Proposed Findings March 20,1991 Drab Page 14 'The number of low-income households--particular) sin e- anent fanulies-- Y Sl P has been growing." 'Mousing assistance din the form of either subsidized units or subsidized rents f ~ , ~ avadable to only a small and decreasing proportion of these households." "Rents have been rising faster than incomes, especial) at the law end of the y market. '?.rower-income fanulies are paying an increasing and often .unsustainable portion of their incomes far shelter." . '"The rent burden for young, single-parent families increased from 34.9 percent n P to 58.4 percent between I974 and 1987. Locally, a variety of studies have made similar findings. Amon them are these: 8 The 1989 Lane County Task Farce on Homelessness and Affordable Housin re anted tha 5 P t the only res~dent~al housing construction that has occurred since 1979 "has been lanned and de i " P s fined for the higher income sector. 6 The Task Force also found that this situation is Iikel to continue, observin tha as of Jul . y g ~ y, 1959, a descrxpt~on of proposed rental pro ects ~n Eu ene ro'ected the lowest rent f r ~ g P 1 o a two-bedroom apartment at $595 a month. The rental vacancy rate in Lane County has declined marked) since the mid-ei tie while . Y ~ ~ rents have steadily increased at rates substantially greater than avera a median incomes. g 6. Little new rental construction has occurred since 1979, and "what there is has been lapped . P and designed for the higher income sector. In Jul , 19$9, for exam le a descri ion of y P ! P recently proposed rental projects in Eugene projected the lowest rent for atwo-bedroom apartment at $59S a month. h Approximately 25,O~o Lane County households are considered low-income, meanin these . g. with having incomes of less than half the median x$14,750} fam~l income for a faaul of Y y four. 7. The national, state and local trends described in the Task Force Re art "have dras~call .. ,P Y affected the abilzty of these Lane County residents to end and retain hous~n 7 "Using the federal del~nition of affordable housing as 30 ercent of household income for ... P rent and ut~l~t~es, .. ,there are very few rental or forwsale units affordable to Conn • ~ • , ~ ~ residents, who fall into these incame categories. 7 Springwood Plan Amendment Application Applicant's Proposed Findings March 20,1991 Drab Page 11 Laud intended to meet the need for affordable housing, namely land designated for multiple fancily use, has proven not to be actually and meaningfully available for such housing. Dne main reason that such lands are not in fact available for affordable housing has been that affordable housing been unable to compete with other uses permitted on such lands. A principal competing use is higher•income multiple family housing, which has driven the price of land available for multiple-family housing out of reach, as evidenced by the skyrocketing market values of such lands and by the almost complete lack of affordable multi-family housing construction over the entire life of the area's acknowledged housing plan element. Another competing use is office and commercial development, which has been permitted to occur on major tracts designated for medium and high density use. As noted by the consultant for the current Metro Plan Housing Update, "New office constructi on and housing conversions to office use have consumed many MDR sites in both communities." May 11, 19917 David J. Newton Associates Project Proposal at 2. Examples include the 24 acres on the south side of Country Club Road in Eugene between Delta Highway and Coburg Raad. Twelve acres are designated in the Metro Plan for high density residential and the other twelve are designated for medium density residential use. All 24 acres are now ro osed for redesi anon to commercial in the Metro Plan based PP ~ upon the commercial and office development which has actually taken place. See November,199o, draft of Eugene Commercial Lands Study, page V-~, A third competing use is low-density single-family residential development. A substantial amount, of land designated on the Metro Plan diagram for medium and high-density development has been consumed bysingle-family residential development. The Metro Plan Housing Update will help establish how much of this has taken place and how much more is to be expected. 2,4170 of the projected 5,85 units of needed high density housing during the planning period are unsupported by any land use designation on vacant lands. The Metro Plan simply "assumes that an additional 2,44o new multifamily units will develop within one mile of downtown Eugene due to redevelopment and infill," June 12, 1981, I.CDC Acknowledgment Report, p. 72. Almost no such redevelopment has taken place since 1981, and what little has occurred consists exclusively of high-end housing producing returns high enough to justify the costs of demolition, rehabilitation, site location, and securing the necessary land use designations. Much of the identified needed multifamily land is designated ~ on the Metro Plan only as floating nodes. These are shown "circles or portions thereof, with related commercial Springwaod Plan Amendment Application Applicant's Proposed Findings March 24,1991 Drab Page 1~ facilities in the center." According to the plan, their "actual locations require local analysis." Plan II-E-3. According to the 1981 Acknowledgment report, "I`hese locations comprise a Large portion of needed multifamily land." June 12,1981, LCDC Acknowledgment Report at 72. Very little of this land has actually received multi-family zoning, and none has developed as law-income hauling. Refinement planning has steadily chipped away at the Land base for affordable housing. In some cases, refinement plans narrowly interpret general Metro Plan designations. In other cases they apply an overlay of vague and restrictive policies and require special review procedures. These policies, standards, and procedures probably violate GRS 197.307~h}, which provides that H~6} Any approval standards, special conditions and the procedures adopted by a local government shall be clear and objective and sha11 not have the effect, either in themselves, or cumulatively, of discouraging needed housing through unreasonable cost or delay." Unfortunately, the statute can only be enforced at prohibitive costs in dollars, delay, and, in many cases, of critically needed good will. The 1989 Lane County Task Force on Homelessness and Affordable Housing found that: "Although many factors are involved with homelessness, the Task Force views homelessness as first and foremost a housing affordability problem. As a result, the cornerstone of any effort to meet the needs of homeless people must be the development of long-term, affordable housing." November, 1989, Report of Lane County Task Force on Homelessness and Affordable Housing. "For every $1,40o of housing cost reduced, the proportion of fanulies who can afford housing dramatically increases due to the shape of the income distribution curve." Bergman, Development Controls and Housing Cos#s: A Policy Guide #o Research, in Volume III, Management and Control of Growth ~ULI 1975} 531. 'Per unit differentials which are due to zoning•induced unbalances of supply currently exact a premium or 'hidden tax' on smaller lot, lower cost housing," Bergman, Development Can#rols and Housing Costs; A Policy Guide #o Research, in Volume III, Managemen# and Control of Growth ~ULI 1975} 531. Affordable Housing for the Low-income Elderly: There is a special need for an alternative, affordable, and attractive housing choice for cower-income elderly. This segment of the Metro Area's population is sitting an one of the area's most important resources--its existing stock of lower-priced, older existing homes. It has long been understood that, although new housing construction only accounts for a Springwood Plan Amendment Applica#ion Applicant's Proposed Findings March 20,1991 Drab Page 13 small percentage of the total housing stock, its effects reverberate throughout the Iocal housing market; "The impact of the net addition to the housing stock is greater than this small percentage would suggest. This additional percentage of new units provides the safety valve that prevents demand pressures from either raising the price of the existing units or lower the quality of portions of the stock." Gruen, In the Land Use Game. , ,Who Gets the Monopoly on the Good Life?", Iv Management and Control of Growth ~ULI 1978}, p. 317. Unfortunately, the kind of new construction that is currently occurring in central Lane County does not include the kind of low-income housing for the elderly that is necessary to free up and preserve a key segment of the existing housing market. That segment is the large quantity of lower-cost single-family homes occupied by the elderly and late-middle- aged. A recent study highlights the importance of turnover in maintaining the condition and quality of existing housing stock. In ~rnover and Filtering of Postwar Single~Family Homes, author Dowell Myers writes that "T'he large stack of small, lower-cast, single-family houses built in the 194D's and 195D's is an important resource for affordable homeownership." He observes that "'This stack of postwar housing constitutes nearly one- third of all owner-occupied, single-family houses today and remains a great resource of affordable housing." Dowell states that '"I'he research reported in this article...has identified postwar houses as one large vintage done-third of the total stock of single-family houses} remaining sheltered from forces of gentrification and providing affordable opportunities for homeownership." 'Tlowever," he finds that "those houses remain relatively unavailable to the market because aflong-term occupancy." Dowell concludes that, 'fin spite of the absence of gentrification, turnover in the postwar stock brings the benefit of increased maintenance and repairs as well. That benefit of turnover in postwar homes needs to be recognized when making housing policy and developing neighborhood or areawide land use plans." The Mid-Springfield Refinement Plan notes that most of the area consists of homes built shortly after 'World War II. Both post-war and prewar homes occupy the large residential area just to the west of the site. These homes have a high level of occupancy by seniors and a relatively law turnover rate. The neighborhoods are generally well-kept but there is a significant amount of deferred maintenance. Currently, the City of Springfield operates a housing rehabilitation loan program. Eugene has a similar program. However, such programs meet only a small percentage of the need for regular maintenance and rehabilitation in these and other older neighborhoods throughout the Metro Area. Many people living in these alder Names are at or approaching retirement, and are facing significant drops in income. They are financially unable to move up or out of their existing hornes, and they are also financially and often physically unable to maintain those homes. Roughly 16,DD~ elderly persons 65 years or older live within 1D miles of the Springwood Springwood Plan Amendment Application Applicant's Proposed Findings March 24,1991 Drab Page 14 site, aver 80 percent of these persons earn less than $1,2aO a month. Aver a quarter of them are disabled. Most currently `own their homes and face the upkeep and maintenance Costs that go with home Ownership. By making low-maintenance and low-rent housing in individual attached units, built to modern structural, energy, and accessibility standards, at the center of a tar a area of older . 5 housing, the Spr~ngwood project will offer a s~gn~cant ~ncent~ve to increased turnover of the older pausing stock. while these benefits cannot be quantified, they are both more likely and no Tess certain of impact than the hoped-for benefits of an unknown mix of industrial development which may or may not occur and which is not likely to occur within the next 20 years, if at all. A recent University of aregon study of older residents in a similar timber community, Coos Bay, determined that .aging residents of that community hoped to remain within their community, near the people and institutions with which they were familiar, It is reasonable to expect that the same would be true in Springfield. Most other residents will probably come from similar housing elsewhere in the Metro Area and central Lane County. At present, the lack of a feasible alternative far existing residents is keeping affordable family housing off the market. It is depriving younger families with need for the space in those older family homes of the opportunity to make the transition from renters to homeowners. Mast of these younger families are paying more for shelter in relation to income as the local and national economy shifts toward service, retail, and other lower- paying jobs, The bottleneck created by the dilemma of aging law-income homeowners has dramatic impacts on this segment of the housing market, which depends upon "beginner" homes and "fixer-uppers" to get its start. Meanwhile, thane "fixer-uppers" don't get fixed up. Affordable, low-maintenance, accessible housing without stairs ~a major source of life- threatening injury to older people}, with appropriate senior services nearby is an important factor in enabling our aging residents to continue in independent living. In the 1959 study, Caring for An Aging World, by Schwab and Jazwiecki ~1989~, the authors stress the importance of this factor: "Housing is an area which traditionally has not been thought of as an element of long-term-care public policy. However; both the afrordability and the availability of housing for the elderly plan a critical role in determining who can remain in the community and who will enter the institutional network," p 373 Emphasis added} The percentage of elderly is rapidly increasing in aregon and in the Metro Area. Logically, As the same authors paint out, '"The demand for elderly housing and alternative living arrangements should increase relative to the overall growth in the elderly population and their cpanging economic position." Springwood Plan Amendment Application Applicant's Proposed Findings March 20,1991 Draft Page 15 Goal 11 • Public Facilities and Services. This goal requires the provision of a timely, orderly and efficient arrangement of public facilities and services. All urban services needed for the proposed development are available in this fully-developed and well•served central urban area, including dire and police protection, parks, sanitary and storm sewers, mass transit, schools, and urban arterial streets. Sanitary Sewer; The site is served by a system of gravity pipes ranging in size from 8" to 42" in diameter. See Figure 6.3F in the EDA Study, The existing 4~" pipe carrying flows west from the northern end of the site has ample capacity to handle the proposed pro j ect, and the applicant proposes to tie all development on the site into that pipe. There are capacity problems with the sewer along Main Street upstream easterly} from the south end of ~ the property. The City's 1989 Sanrtary Sewer Master Plan calls for replacing the Z7" pipe reach along Main from 32nd Street east with 3b"pipe. The project's use of the 42" main at the north end of the property would have no effect upon this problem or the proposed solution. Storm Sewer; Figure G.3F in the EDA Study shows the existing storm drainage system in and around the site. The current system incudes both closed and open drainage ways. Pipe sizes range from 1~" to bb~ in diameter. The ditch through the center of the Burkland site carries water from along Main Street to the Q-Street ditch, which flows west to east past the northern border of the site. Surface runoff from the residential area to the east is directed into ditches that flow west onto swales on the Burkland site. The EDA study states that the Burkland site could be served for industrial development by replacing the open ditch with "a ~6" pipe through the middle of the Burkland site and utilization of the existing system within the McKenzie Highway," As the applicant's engineers have determined, the same solution would fully serve the proposed mixture of residential and commercial uses embodied in the applicant's proposal for the site. As they say, '"The proposed development would cause less impact on the storm sewer system than was originally anticipated for heavy and light industrial development. Residential developments have a smaller percentage of impermeable surface areas than industrial sites that typically have requirements for large structures and paved surfacing." Modifications to the existing drainage system shall be approved upon site review and shall be such as will, on balance, protect and enhance its amenity and resource values, maintain or slow runoff rates, and preserve or enhance its carrying capacity, consistent with applicable plan policies and wetlands regulations. Goal 12 - transportation. This goal requires the provision of, a safe, convenient, and economic transportation system to move people and goods between geographic and jurisdictional areas. The site plan proposes a north•south through street that runs from Springwood Pian Amendment Application Applicant's Proposed Findings March 20~ I991 Drab Page 16 Main Street on the south along the west side of the centerline drainage ditch and vvill exit from the north-east corner of the propert}r, just south of the wetland/woa~dland preserve, onto an access leading to 32nd Street. This will provide two points of access to Main Street both for residents of the new developments and for residents of the existing residential area to the east, who have expressed a desire for improved circularion and access. The roadway will also provide bus access to all parts of the development" A bus stop and shelter facility will be designed in cooperation with the Lane Transit District to allow residents access to mass transit without having to cross Main Street. Current traffic volumes on Main Street near the site are at acceptable levels, varying between Level of Service B and .Level of Service C. These levels of service reflect urban trafflic volumes but also reflect smooth and unobstructed flows of traffic at urban speeds. The City of Springfield's Transportation Department has advised the project engineers that the Department does not foresee problems with the trafl~c volumes associated with the proposed project. If an impact study reveals a need for a traffic signal, refuge lane, or other improvements, such improvements shall be rovided for at the time of site review. P foal 13 -Energy Conservation. This goal requires that land uses maximize conservation of all forms of energy based on sound economic principles. The proposed site is part of the existing urban fabric of Springfield, between two large residential areas which are fully served by existing streets and ,transit facilities. The site is more energy-efficient and centrally currently-designated medium-density residential site of more than half its size anywhere within the Metropolitan Area Urban Growth Boundary. It is on an existing main Lane Transit District Bus Route. Its internal street and sidewalk system, together with nearby Tyson Park, the proposed commercial node at Main Street, on-site da ~ care, and . . y on-site senor center will allow residents to meet many of their dauly needs by walksng or bicycling. The neighborhood loop system will result in pedestrian-friendly neighborhood streets. The age and income levels of the population will result in below-average automobile ownership and usage, trip generation, and fuel consumption. The use of energy-efficient "Good Cents" manufactured or modular housing will keep electricity use to a muumum and further the air quality and energy conservation policies of the Metro Area General Plan. These findings are supported by the following observations are based upon a 19$9 research paper, Improving Mobility for Older People: Walking, Driving, and Public 'I~ransit ~ 1989, by Nancy J. Chapman, Phd., Institute on Aging, School of Urban and Public Affairs, Portland State University - "elder households are much less likely than younger households to have access to automobiles, although this is somewhat less true in the suburbs." 1 - Communities should " rovide a mix of land uses so that nei hborhood services can P .g be located within walking distance of many homes." 3 Springvvood Plan Amendment Application Applicant's Proposed Findings March 20,1991 Draft Page 17 - Communities should plan and design their pedestrian systems to make walking safe and convenient for the elderly. - Public mass transit is most economically feasible in more densely populated and compact urban areas. 4 - Volunteer and special transit programs have important roles to play. 4 - The retired themselves make up an important component of volunteer drivers, providing 68 percent of volunteer drivers nationally. 5 - "L,and use decisions must be made with an eye to their implications for the demands that they will place on the transportation system. Taken together, such changes will allow older persons to maintain their mobility and thereby much of their independence." Goal 14 - Urbanisation. This goal requires that urban growth boundaries ~UGB's} be established to assure compact and efficient urban growth within UGB's while protecting rural resource lands outside UGB's. Use of the subject site for affordable, medium-density housing promotes this objective in many ways, some of which have been described in the discussion of the ~ energy, transportation, and facilities goals, above. In addition, correction of the plan and zone designations on the Burkland property helps reduce the need to convert rural resource lands to urban sands. Gptimum, timely, and efficient use of the limited supply of urban land is essential to avoiding outward pressure on the Urban Growth Boundary. Misallacations of urban lands consign those lands to a market purgatory, while the requirements of other urban land use goals go unmet. In some cases, a major misallocation means that the nusallocated property stagnates while two other sites must be found to satisfy two unmet needs: ~1} the need for which the nusallocated land is intended, and ~2} the need for which the misallocated land is actually suited, In other cases, the need for which the misallacated land is intended is satisfied by an alternative site such as the Giustina site just south ~ of the sub ject property}. Even then, a resource is wasted while another need either goes unmet or must be satisfied by an expansion of the urban ~ growth boundary. The discussion under the Econom and Housin Goals, above, demonstrates that the Metro y ~ Area has been quite liberal in its allocation of industrial lands but quite conservative in its allocation of land for medium density residential, .and that it has not been successful in effectively allocating any land for affordable low-income housing. These needs must be met somewhere, and the first place to look is at lands which experience, analysis, and the market show to have been improperly designated in the first place. The subject site is such a tract, The ro osed redesignation will allow it to be tailored for an optimum use as PP buffer, commercial, and residential use. Springwood Plan Amendment Application Applicant's Proposed Findings March ZU,1991 Drab Page 18 In addition, as the record shows, preservation and e~cient utilization of the community's existing housing stock is an important element in avoiding urban sprawl and pressure on urban growth boundaries. Frequent turnover in such housing stock is essential, because most major home maintenance is done from sale proceeds and benefits from favorable tax treatment if done at the time of sale. in addition, maintenance decreases as people grow older and become less able to take care of their yards and houses. Construction of the proposed project will enable low-income senior residents of the community to increase their disposable income while reducing their housing costs, and at the same tune it will encourage the turnover of older homes which have been deteriorating because of Iack of normal turnover and because of the declining physical and financial ability of the owners to maintain them. while these benefits cannot be quantified, they are far more probable and no less quantifiable than any hoped-for benefits from industrial development of the subject property, which is not expected for many years, which may or may not be labor intensive, which may or may not require skilled workers, and which may ar may not impose a variety of noise, pollution, traffic, and service burdens on the community. II. METRE PLAN AMENDMENTS MUST 'BE CONSISTENT wITH THE PLAN'S SEVEN FUNDAMENTAL PRINCIPLES. In brief, these principles state that: a. The Plan is a long-range policy document. b. To work, the Plan requires cooperation among agencies and governments in the Metro area. c. Urban development is to take place inside the Urban Growth Boundary. d. Zoning and other implementation actions must be consistent with the Plan. e. The coning process must be monitored and changed from time to time to meet current demands. f. ~ Eugene and Springfield are the logical providers of urban services inside the UGB. g. The Plan is based on a projected population level of ~93,70o in the Metro area, not on a particular future year. III. METRO PLAN AMENDMENTS MUST NoT MfAKE THE METRE PLAN 5pringwood Plan Amendment Application Applicant's Proposed Findings March 20,1991 Dr~tfl Page 19 INTERNALLY INCONSISTENT The proposed plan amendment does not render the Metro Plan internally inconsistent. It simply reallocates most of a single parcel of land from the Metro Area's industrial land base to the area's medium density residential land base. As the discussion of the Economy and Housing Goals makes clear, the reallocation does not impaur the area's industrial land base, However, it significant enhances the area's very restricted base of medium density land and its almost nonexistent base of land actually and realistically available for housing which is affordable to people with earnings typical of the area's growing retail and service sectors. At the same time, the site continues to meet the need for a transitional zone, providing a buffer on the east side of the only existing heavy industrial use, a buffer that is not provided on the west side of that use. This amendment presents no issue of inconsistency with the area's refinement plan. The Metro Plan clearly provides that refinement plans are merely interpretative refinements of the Metro Plan. The do not amend the Metro Plan itself. In cases of conflict, the Metro Plan controls. The Plan provides at page I-S that, "Should inconsistencies occur, the Metro Plan; is the prevailing policy document." The Plan clearly contemplates both that the Plan itself will be amended and that inconsistencies between the Plan and refiinement plans will occur. When the Plan is amended, those elements of a refinement plan that are not consistent with the Plan as amended are ineffective to the extent of the conflict. This is the standard rule concerning the effect of amendments to legislation upon pre- existing implementing and interpretive rules. Any other approach would make plan amendment process hopelessly complex and cumbersome. IV, METRD PLAN AMENDMENTS MUST ADDRESS ONE DR MORE GF T`HE FQLLG~ING CIRCUMSTANCES a. An error in the publication of the Plan; or b. Unanticipated and substantial change in circumstances; or c. Postacknowledgment incorporation into the Plan of newly inventoried material which relates to a Statewide Goal; or d. A change in public policy. This plan amendment satisfies criterion b. The current affordable housing crisis and its causes were unanticipated. Also unanticipated was the dramatic decline in this community's financial capability to address such problems. Finally, it was not expected that housin element of the plan as adopted and implemented would so dramatically fail to g 5pringwood Plan Amendment Application Applicant's Proposed Findings March Z0, 1991 Dran Page 2~ effectively make land available for housing affordable to a significant segment of the Eugene-Springfield community. This plan amendment also reflects a change in public policy o ' out of the . gr wxng community s expenence u~tb the plan and its strong moral and political comnutment to address the housing problem with all of the tools at its disposal. Springwood Plan ,Amendment Application Applicant's Proposed Findings March 24,1991 Draft Page Z1 e BEFORE THE BOARD 4F COUNTY COMMISSIONERS OF LANE COUNTY, OREGON ORDINANCE PA 998 ~ IN THE FATTER OF AMENDING THE EUGENE-~ SPRINGFIELD ( METROPOLITAN AREA GENERAL PLAN T4 REDESIGNATE ~ PROPERTY IDENTIFIED AS MAP 17-02-31, TAE LOTS 300 ~ AND 700, FROM LIGHT-MEDIUM AND HEAVY INDUSTRIAL ~ LAND USE TO A COMBINATION OF MEDIUM DENSITY ~ RESIDENTIAL, LIGHT-HEDIUM INDUSTRIAL AND COMMERCIAL ~ LAND USES, AND ADOPTING A SAVINGS AND SEVERABILITY ~ CLAUSE 'WHEREAS, the Board of County Commissioners of Lane County has received a proposal from the City of Springfield Springfield Journal No. 9Q-12-201.} for the amendment of the "Eugene Springfield Metro Area General Plan" Metro Plan} to change the land use designations of a 53--acre site; and VflFREAS, this proposal comes to Lane County for action pursuant to procedures described in the Metro Plan and Lane Code Chapter 12 for amendment and refinement of the Metro Plan; uH.ERE~-S, the Lane County Planning Commission has reviewed the proposal i.n public hearing on March l2 and April 3, 1991 and has made a recommendation to the Board; and WHEREAS, evidence exists within the record indicating that the proposal meets the requirements of Lane Code Chapter 12, and the requirements of applicable state and local law; and WHEREAS, the Board of County Commissioners has conducted public hearings and is now ready to take action; NOWT THEREFORE, the Board of County Commissioners of Lane County ordains as follows: _ The Metro Plan Diagram land use designation of the property is amended from "Heavy Industrial" and "Light-Medium Industrial" to a combination of "Medium Density Residential," "Light-Medium Industrial'" and "Commercial" as depicted on Exhibit "A'" attached and incorporated herein. Although not.a part of this Ordinance, the Board of County Commissioners adopts the Findings set forth in Exhibit "B" attached and incorporated herein, in support of this action. The prior designations repealed by this Ordinance shall remain in full force and effect to authorize prosecution of persons in violation thereof prior to the effective date of this Ordinance. 1 - IN THE MATTER OF AMENDING THE EUGENE-SPRINGFIELD METROPOLITAN AREA GENERAL PLAN TO REDESIGNATE PROPERTY IDENTIFIED AS MAP 17-OZ-3l, TAX LOTS 300 AND 700, FROM LIGHT-MEDIUM AND HEAVY INDUSTRIAL LAND USE TO A COMBINATION OF MEDIUM DENSITY RESIDENTIAL, LIGHT-MEDIUM INDUSTRIAL AND COMMERCIAL LAND USES, AND ADOPTING A SAVTNGS AND SEVERABILITY CLAUSE If any section, subsection, sentence, clause, phrase or portion of this Ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision, and such holding shall not effect the validity to the remaining portions hereof. ENACTED this day of 1991. ~~ Chair, ane County Board of County Commissioners ordi Secretary for this meeting of the Board ... Dare '" ~ ~ ~~;~~ ~o ~~ty ...w~..~ ~...-.~.. Oi-r ~r ~.~[zti~. V4J~~'~rj.. 2 - IN THE MATTER OF AMENDING THE EUGENE-SPRINGFIELD METROPOLITAN AREA GENERAL PLAN TO REDESIGNATE PROPERTY IDENTIFIED AS MAP 17-~OZ-31, TAB LOTS 300 AND 700, FRAM LIGHT-MEDIUM AND HEAVY INDUSTRIAL LAND USE TO A COMBINATION OF MEDIUM DENSITY RESIDENTIAL, LIGHT-MEDIUM INDUSTRIAL AND COMMERCIAL LAND USES, AND ADOPTING A SAVINGS AND SEVERABILITY CLAUSE Revised Exhibit "A" Ordinance PA 998 Si te- of Proposal __ . • : ~- I~ ~r - ,ti - J ', Y \ • J • - = r' ~ - ~iedi um density - -f - Res~i denti a~ .-.. X35.36 ac} 1~ ~x ~ ~ ~ t _-. ~ Light-Medium - ~ndustria~ ~ ~ ~ ~; ~ 19.83 ~ ac } ~ ~~ i ~ ~~ - ~ ~_ i ,~ ~ ., ~ ~ I +: -~ ~ ~~ ~ ~ ~ ~ ~~. ~ ~: ~~ ~~ ~ ~~. i ~~ ~ = x ~ ~~~~ r . - ~, ~ - Commerci a~ i, ~5 ac} ~._ ~. f _ ~ - ..~ . ~ ~ ~ ~ f ' -. ~. Exh~b~t "B" ord PA 998 (August 1991) Fii~dix~bs ire Sti~~~~o~'# of Oi•di~~ar~cc 110. PA 998 An~czitlii~g 11~~} 1~Ic~Iru I'1<<~~ ~t3~~~•ki~~ncliSpri~~g~-~oud Site ~. METRO PLAN A11~El~TD~~ENTS ~1~1UST BE C~I~S~STENT ~'F'~TH APPLICABLE STATE GOALS _~ Goal ~ -Citizen Xn~tol~~ement. This goal requires that programs be implemented that will provide an opportunity for citizens to be invol~~ed in all phases of tl~e planning process. Springf eld and the other two 11~etro Area planning jurisdictions have an ackno«~ledged citizen involvement program and acknowledged procedures for securing citizen input on all proposed plan and zone changes. Those procedures Dave been followed with this amendment. This plan amendment was. referred to affected public agencies and groups, and notice of its contents v~~as provided to affected residents and property oti~~ners through written and published notice as reflected in the record. Prior to final adoption, public hearings will have been held by the planning commissions, the elected governing bodies of all three jurisdictions, .and the Metropolitan Policy Committee. The City of Springfield will conduct additional public hearings to adopt Ref nement Plan Amendments intended to implement the Metro Plan Amendment. Goal 2 ~- Land Use Planning. This goal requires establishment of a land use planning process and policy framework as a basis for land use decisions. Satisfaction of this goal requires adoption of a comprehensive plan and its acknowledgment by the Oregon Land Conservation and Development Commission. This Metro Plan amendment is being processed as acitizen-initiated amendment as provided for in Chapter IV of the acknowledged Metropolitan Area General Plan and as implemented through the acknowledged land use codes of the three jurisdictions. Further ref nement of this amendment will occur through adoption of new policies in the Mid-Springfield Refinement Plan and through implementation of the City's site plan review standards. Goals 3 & 4 -Agricultural and Fot•est. Laj~ds. These goals protect farm and forest Iand. The site, annexed to the city in Ig6o~, is in the geographic center of Springfield. It is acknowledged urban land. No part of the subject site or any abutting or nearby site is planned, zoned, held, or suitable for agricultural or forest use. Goal 5 -Open Spaces, Scenic and historic Areas, .and Natural Resources. This goal requires the conservation and protection of inventoried and significant open space, scenic and historic areas, and natural resources unless conflicting uses have been identified and justified through an analysis of the economic, social, environmental and energy consequences ~ESEE analysis}-~ ~ .. Na part of the site is ~~~ithin a floadplain or t~ood«ray. No threatened or endangered species ha~~e been found an the site. Drainage ditches and wetland areas on the site ~~~ere identified as riparian resource in the Eugene-Springfield Metropolitan Goal ~ wildlife Habitat inventory Lev 1990}. Two sections of tl~e Q Street ditch extending into the property were described, and values are identified in the inventory as a wildlife travel corridor. Site descriptions and maps from the inventory are attached. A 199Q study of the site was prepared for the City of Springfield by the Mitchell Nelson Group and David J. Newton Associates, entitled Analysis of Development Capability and infrastructure Impro~-en~e~}t. heeds far Selected Springfield industrial Sites. ~t was prepared under a federal Economic Development Administration grant and is referred to in these findings as the ED.4 Study. The EDA study confirms and refines wetland, riparian, and wildlife values on the site as set Earth in the attached excerpts from the study. Goal 5 was applied at the time of acknowledgment and the determination was made to allow urban development of the site but to limit such development by application of protective plan policies at the time of review of specific development applications where Goal 5 resources had been identified. The current amendment does not alter this acknowledged program to achieve the goal. The program itself will be applied at the time a specific development application is received, as a required element of the city's site plan review process. The Environmental Resources Element. of the Metro Plan implements Goal 5 as to such identi.f ed resources. Objective 2 gyp, 111-C-b~ requires the .integration of open space and natural features into the design of urban development. Policies 1, 2, and 4 gyp. ll~-C-7~ require the consideration of downstream impacts of development, prohibit development in the floodway, and require site-specific soils and geological stti~dies where potential problems exist. Policies ~ 8 and I9 restrict development in wetlands areas. Policy 20 encourages local governments to regulate development in such a manner as to better control drainage, erosion, storm runoff and to reduce street-related water quality and quantity problems. Policy ~S requires that, "V~lhen planning for and regulating development,.local governments shall each continue to consider the need for protection of open spaces, including those characterized by signif cant vegetation and wildlife. Means of protecting open space include but are not limited to outright acquisition, conservation easements, planned unit development o.~dinances, streamside protection ordinances, open space tax deferrals, donations to the ~ - . public, and performance zoning." Develo ment of tl~e subject property ~~~ay occur Dilly after site review pursuant to Springfield p De~+elopment Code, SDC Article 3l , ~~~}rich rzq~~ires tl~at the design of the proposed develo ment, as conditioned, "mitigates identified negati~le impacts and resolves identified land P . use conflicts," including those ide~~tified here. 31.aba~3}. Each site plan review apphcat2on must include a written description of the development proposal and a site inventory map showing slopes, natural features, and existing public facilities. The development plan must show haw natural features will be modified by construction activity, showing building footprints and elevations as well as parking and circulation, public improvements, drain~~age, and landscaping. Site review a royal o~ a s~ ecif c development proposal on this site will require that the PP P a ~icable resource protection policies of the Metro Plan be addressed, and that appropriate PP rotectian~ be afforded. Accordingly, the site can only be developed after implementation of the P plan's acknowledged program to achieve the purposes of Goal 5. In addition, all wetlands falling under the jurisdiction of the Division of State Lands andlor the Co s of Engineers will be protected as required by applicable state and federal laws and rP regulations. The forested wetland, drainage ditcl~, and wet meadow area ident~f ed ~n the EDA Stud as "the most significant wetland resource area" on the site has been identified on the .Y a licant's conceptual plan copy attached as "Enhanced wetland" and shall be fully protected PP under an develo meet plan that is approved. Y P Goal 6 ~ Air, .wat.er and I;~~nd Resources Quali#y~. This goal requires that local com rehensive plans and implementing measures be consistent with state and federal regulations P governing air, water, and land resources quality.. An LRAPA analysis of emiss~ons from the nearb industrial area confirms that those industries are operating within existing safety standards y .. and that exposures on the site are well below those standards. ~ In addition, the appl~cat~on, as modified, calls for an industrial buffer area east of the only existing heavy industrial facility near the site, the Neste resin. plant. This area will be designated for Light~Medium 1'ndustrial use, excludin all residential uses and ermittina onl light manufacturing, assembly, and warehouse g P b Y t e uses, roviding both a buffer .and a logical transition. Based upon the. models which YP P LRAPA has developed, the proposed buffer will provide far more protection to the residents of S rin wood than is re aired by any applicable statute or regulation. It will provide many times P g q the . rotection afforded to plant workers under federal law. And it will provide substantially F .. mare separat~an from Springwood than ~~s currently enjoyed by~ residents of the trailer park dust north of the lant. The matrices and printouts that LRAPA has provided project potential P concentrations of formaldehyde ~n the air at vanous distances to the east of the plant when the wind is blowin from the west. The matrix specif es 14 wind speeds and b air stability levels. g At an specific distance and direction, the projected concentration would exist only when the y ~vind was blowing in that direction at the specif ed speed under the specif ed air stability condition. ~ ~~ 3 An onsite air-quality test, in which measurements were taken for six hours a day under variable and uncontrolled «~eather conditions o1~ four consecutive weekdays ~~riday, March 1, and Monda -Wednesday, March 4-6}, from two sites, one due east of the Neste plant at the eastern Y edge of the proposed industrial buffer, and t}~e other in the residential area just north of the buffer area, detected no more than .Od 1 ppm. a~~erage exposures on any day, using the most sensitive testing methodology avai}able. The highest projected .concentration in LRAPA's model occurs right ne~ct to the plant on the western side of the 1~~-foot railroad right of i~ray, over 5~Q feet from any potential residential use, only under specific wind direction, wind speed, and air ~ stability conditions. This level is approximately one-half the level to which workers may be exposed continuously for eight hours a day, 3~o days a year under the Federal Occupational Health and Safety Act OSHA}. The OSHA standard is 1.2 parts per million, or 1,50 micrograms per cubic meter, compared with the measured .ool ppm. or < 1 microgran~slcubic meter actually measured in the monitoring tests described above. The highest projected concentration occurring ~ outside the proposed buffer area, according to LRAPA's models, would be only one third of the eight-hour, 3o0-day-per-year OSHA standard. Furthermore, these exposures would, according to the model, occur with far less frequency than the Bail ex osure assumed b the OSHA standards. For example, the highest concentration on Y P Y the site, which occurs at the west side of the Burkland property next to the railroad right of way just east of the Neste plant, occurs only about one percent of .the time, compared to the 8-hour Bail ex osure of double that concentration permitted for workers at the plant site. Y p LRAPA'~ model assumes that the. wind Bows generally from west to east toward the Springwood site about 25 ercent of the time. The rest of the time the wind will be blowing the plant's. p emissions in other directions. The most common condition on the site will be a zero concentration, because the wind will be blowing in another directian.~ when the wind is from the west concentrations at an given distance will often be at or near zero, and will ~ only Y occasionally and briefly approach the highest concentrations, which'themselves are well below the OSHA standards. The mo$t fre uent combination of west-to-east direction and any given q air stabilit condition is about 13 percent, which is to say that about 13 percent of the time the . Y . .. . wind ~w~ll be flowing generally west to east ~ under stab~l~ty condition ~ D. The highest concentrations projected for the entire site occur when the wind is at one mile per hour under these conditions, or about $.5 percent of the time that all other conditions are present. Eight and a half percent of 13 percent is 1.15 percent. .. Goal 7 -Areas St;b~ect to ~Tatt~~'al nisaste~•s and ~-~azards. This goal requires that in areas of natural hazards, such as landslides a~~d floods, develap~1~ents must incorporate appropriate safeguards. L!'letro Plan Polie}~ C-~: Local governments shall require site-specific soil surveys and eologic studies where potential problems exist. when problems are identified, local g governments shall require special design considerations and construction measures be taken to offset the soil and geologic constraints present, to protect~1jife and property, and to protect environmentally sensitive areas." Page lYl-C-7. The site is not in a flood lain or flood~~1a . It is level and not subject to slides. The goal does P y not address artificial hazards, such as those from traffic, industrial activity, or excavation. The a licant has addressed the problem of noise, safety, air quality and compatibility with nearby . PP ... . industrial act~v~t~es by proposing a large buffer of nanres~dent~ally-designated land to the east of the existin resin Iant. ~ In addition, the applicant has proposed to fence and Landscape the g P . entire western boundary of the property, consistent with wetlands regulations, to provide a bermed and fenced buffer at least 3o feet deep, along with a similar buffer area at least one hundred feet deep clang the northwest boundary. These buffers shall be requirements of this plan amendment, to be .implemented upon site review. Goal 8 -Recreational 11~eeds. ~ This Baal requires planning for recreation areas, facilities and 0 ortunities inappropriate proportions and in such quantity and locations as is consistent with PP the availability of resources. The site is located four blocks due west of Tyson Park see attached ma from Mid-Springfield Refinement Plan}, well within the park's half-mile service P radius. The park provides the neighborhood with open space, softball, picnicking, basketball facilities, and open space. The Springfield area is well-served by the willamaiane Parks and Recreation District, with a complete park system, indoor pools, and athletic facilities. The central Location of the site will make efficient use of these facilities in awell-served part of town. _ Goal 9 -Economic Development. This goal calls for diversification and improvement of the econom . among other things, each community must inventory its stock of buildable Y commercial. and industrial lands, project futi~re need for such lands, and plan and zone adequate acreage to meet the projected needs. 5 Gverall, the Eugene-Springfield area is comparatively well-supplied with industrial land. The >~~arch, 1991, Draft Metro Area ~ndustriai Lands Study provides the following f gures, based upon a detailed review of all industrially-designated sites within the regional growth boundary: Short-term supply: Short-term demand: Long-term demand: Crass supply:.. . Buildable supply: Constraint free: I,9~7 acres ~?$ to 410 acres 650 to 1,170 acres 4,039 acres 3, 604 acres 1,6$$ acres .~ However, a much more detailed and in-depth study. of the site's absolute and relative potential far industrial development was conducted for the City of Springfield in 199o as part of the EDA Study. This study concludes that the site would require major off site improvements, at a cost of $2,ODO,000, raising overall development.costs to approximately $3,600,000, or over $100,000 per acre. The principal need is for an access road to Interstate Connector I-105, access which a number of otherwise comparable sites in the region already have. The study notes that the city's resources for infrastructure are limited and recommends that it concentrate them on its one or two best sites, which do not include the Burkland site. Even with such improvements, the study f nds that the property is so configured that it would best be developed in phases, eliminating its value as a single large site. The study finds that the neighboring Giustina site, across Main Street to the South, is similar in many ways, as a large site in single ownership in the same location, but that it can be developed at far less cost in infrastructure improvements. The study recommends that the southern end of the site be developed commercially, as is proposed by the applicant. The draft industrial Lands Study also finds that the most likely projected long-term demand for industrial land throughout the entire Metropolitan Urban Growth Area "is estimated to be 650 acres." Aless-likely scenario projects along-term demand of 1,172 acres. Springfield has half of the 48 100-percent constraint-free, short term sites. west Eugene and west S rin field, P g which includes the Btirkland site, have the best supplies of "constraint-free industrial sites that are presently within a city and [are] well-served with improvements." West Springfield has 627 industrial acres, with the "fewest potential constraints and the most constraint-free sites 20 of ~~ all regions and it is generally well-served by public improvements." West Springfield's current short-term supply exceeds the "most likely" long-term demand for the entire Metropolitan Urban Growth Area. Projected demand for heavy industrial land is not anticipated in the study. v, V Labor Supply and ~~~dust~•iai G~•o-~~tl~ The November, 1994, Draft ind~~strial Lands Stt~dy finds that the "long-term deterioration of the average earnings per dab relati~re to tine state and natio~~ will continue to be a disincentive to Tabor migration to Lane County and the Eugene~Springf eld Metropolitan area." The Study projects "labor shortages and a slowdo~~~n in employment growth." A leading guide to industrial location observes that ~s, "Zt may not be far-fetched to state tl~at labor i.s the most important single factor influence plant location; hand plant relocation} decisions. without a supply of competent workers no plant can operate efficiently and competitively in a market economy. For this reason proof of the availability of a qualified labor force that can be hired at a reasonable cost is often required .by an industrial firm before it will locate in an area..." l~~~oriarity, r~~dust~•ial Location and Community Development ~UNC Press 19$x) 181. Labor Supply and Affordable Housi~~g: A Critical Li~ik A decline in wages can be offset in part by a decline in shelter costs. rnstead, the Eugene- Springfield area has seen a steady increase in shelter costs resulting in an even tighter squeeze on skilled and semi-skilled workers. The community which offers the best combination of wages and shelter costs will have a strong comparative advantage in attracting and retaining the labor force necessary to attract and retain industry. A~ Task Force on Homelessness and Affordable 1*Iausing~ found in a report issued in November of 1989 that: ~ "A serious and growing affordability. crisis in Lane County" is evidenced in part by "the increasing proportion of incomes that households must pay for housing." w Among those most affected by the affordable housing crisis are "the working poor," employed heads of households caught between falling wages and rising shelter costs. r~ In 198$, over 20 percent of all low-income renters in Lane County were paying mare than 75 percent of their income for rents. , Goal 10 -Housing: This goal requires local jurisdictions to provide for the pausing needs of citizens of the state, and rovides that "Buildable lands for. residential use shall be inventoried P and plan{~. shall encourage the availability of adequate numbers ~of housing units at price ranges and rent levels which are commensurate with the financial capabilities of Oregon households and allow for flexibility of housing location, type and density." 7 According to the latest 1991 drafts of tl~e Metro Area's industrial lands study and residential lands study, medium density residential land allocations are extremely tight, especially when contrasted with industrial land allocations. The draft residential lands study shoves a projected medium density residential demand of 1340- 144D buildable acres aver the long-term planning period. The long-term, unadjusted gross supply of land designated either in tl~e plan or on a zoning map, is 1,339 acres, less than the lower of the two projected figures. The actual supply. of medium density land not subject to physical constraints, such as wetlands, flood plains, and severe slopes, is~~87, or less than 25 percent of the designated land. A further description of the inventory is provided by land use consultant Jim Saul, which confirms that the supply is indeed very tight. By contrast, the draft study on Industrial Land supply and demand shows that the chart-term supply exceeds both short-term and long-term demand. Sl~ort-term supply is 1,947 acres. Short- term demand is 22S to 41o acres. Long-term demand is b5o to 1,17o acres. ~ The gross supply of industrial land is 4,039 acres. The long-term buildable supply is 3,bfl4 acres.. Currently constraint-free land is l,b$$ acres. This short-fall in the area's mufti-family inventory does not help what has become a signif cant problem: affordable housing. During the to years since the Metro Plan was acknowledged, the lack of affordable housing has grown steadily worse, both nationally and here in central Lane County. Documentation of this situation nationally, is found in the National Housing Task Force report, State of the Nation'sHousin~. Locally, a variety of studies have made similar f ndings. Among them are these: The 19$9 Lane County Task Force on Homelessness and Affordable Housing reported that "the only residential housing construction that has occurred since 1979 "has been planned and designed for the higher income sector." The rental vacancy rate in Lane County has declined markedly since the mid-eighties, while rents have steadily increased at rates substantially greater than average median incomes. Little new rental construction has occurred since 1979, and "what there is has been planned and designed, for the higher income sector." In July, l9$9, for example, a description of recently proposed rental projects in Eugene projected the lowest rent for atwo-bedroom apartment at $5~5 a rrtonth. Approximately 2$,00o Lane County households are considered low-income, meaning those having incomes of less than half the median ~$14,750~ family incame far a family of four. The national, state and local trends described in the Task Force Report "~~ave drastica]ly affected the ability of these Lane County residents to find and retain housing." "t]sing the federal definition of affordable lousing as 30 percer~t of I~ouseho]d income for rent and utilities, ...there are very few re~~tal or for-sale units affordable to County residents; who fall into these income categories. " Land intended to meet the need for affordable ~~ousi~~g, namely land designated for multiple family use, has proven not to be actually and meaningfully available for-such housing. one main reason that such ]ands are not in fact available for affordable housing has been that affordable housing has been unable to compete ~~~ith other uses permitted on such Iands. A principal competing use ishigher-income j~~ultiple family housing, which has driven the price of land available for multiple-family housing out of reach, as evidenced by tl~e increasing market values of such lands and by the dearth of affordable mu]ti-family housing construction in the last ten years. "For every $1,040 of housing cost reduced, the proportion of families who can afford housing dramatically increases due to the shape of the income distribution cur~~e." Bergman, Development Controls and Housi~~g Costs: A Policy wide to research, in Volume 1~1`, Management. and Co~Ztrol of Gr•o~~~tl~ ~ULI 1975} 531. "Per unit differentials which are due to zoning-induced imbalances of supply currently exact a premium or 'hidden tax' on sma]]er lot, lo~~fer cast housing:" Bergman, Development Controls and Housing Costs: A Policy Gttide to Research, in Volume II1, Ma~~agement and Control of Gro~~~th ~ULZ 1975} 531. Goal 1 ~ -Public Facilities and Services. This goal requires the provision of a timely, orderly and efficient arrangement of public facilities and services. All urban services needed far the proposed development are available in this fully-developed and well-served central urban area, including fire and police protection, parks, sanitary and storm sewers, mass transit, schools, and urban arterial streets. Sanitary Se~~~er: The site is ser~~ed by a system of gravity pipes ranging in size from 8" to 42" in diameter. See Figure 6.3F in the EDA Study. The existing 42" pipe carrying flows west from the northern end of the site has ample capacity to handle the proposed project, and the applicant proposes to tie a]1 development on the site into that pipe. There are capacity problems with the sewer along Main Street upstream easterly} from the south end of the property. Tl~e City's 1989 Sanitary Sewer Master Plan coils fir. replacing the 27" pipe reach along Main from 32nd Street east with 3~" pipe. The ~~-~ project's use of the 42" main at the north end of the property .would have no effect upon this problem or the proposed solution. 9 Storm Se~4fer: Figure fi.3F in tl~e EDA Study shows the existing storm drainage system in and around the site. The c~lrrent s}stem incudes both closed and open drainage ways. Pipe sizes range from lo" to bb" in diameter. The ditch through the center of the Burkland site carries water from alo~~g I~~ain Street to the Q-Street ditch, which flows west to east past the northern border of the site. Surface runoff from the residential area to the east is directed into ditches that flow west onto swales on the Burkland site. The EDA study states that the Burkland site could be served for industrial development by replacing the open ditch with "a fib" pipe through the middle of~Mthe Burkland site and utilization of the existing system ~~rithin the McKenzie Highway." As the applicant's engineers have determined, the same solution would fully serve the proposed mixture of residential and commercial uses embodied in the applicant's proposal for the site. As they say, . "The proposed development would cause less impact on the storm sewer system than was originally anticipated for heavy and. light industrial development. Residential developments have a smaller percentage of impermeable surface areas than industrial sites that typically have requirements for large structures and paved sur acing." Modif cations to the existing drainage system shall be approved upon site review and shall be such as will, on balance, protect and enhance its amenity and resource values, maintain or slow runoff rates, and preserve or enhance its carrying capacity, consistent with applicable plan policies and wetlands regulations. foal 12 ~ Transport.atxon. This goal requires the provision of a safe, convenient, and economic transportation system to move people and goods between geographic and jurisdictional areas. The site plan proposes anorth-south through street that runs from Main Street on the south along the west side of the centerline drainage ditch and will exit from the north-east corner of the property, just south of the wetlandlwoodland preserve, onto an access leading ~0 32nd Street. This will provide two points of access to Main Street both for residents of the new developments and for residents of the existing residential area to the east, who have expressed a desire for improved circulation and access. The roadway will also provide bus access to all parts of the development. A bus stop and shelter facility will be designed in cooperation with the Lane Transit District to allow residents access to mass transit without having to cross Main Street. Current traffic volumes on Main Street near the site are at acceptable levels, varying between Level of Service B and Level of Service C. These levels of service reflect urban traffic volumes but also ~ reflect smooth and unobstructed flows of traff c at urban speeds. The City of _. S rin f eld's Trans ortation De artment has advised the ro'ect en ineers that the De artment P g P P P J g P does not foresee problems with the traffic volumes associated with the proposed project. If an impact study reveals a need for a traffic signal, refuge lane, or other improvements, such improvements shall be provided for at tl~e time of site review. to Go1l 13 - E~~ergy Co~~ser~ralior~. This goal requires that land uses ~l~axin~ize conser~~ation of ill forms of e~~ergy based on so~~nd eco~~omic principles. The proposed site is part of the existing urban fabric of 5prit~bf field, bet~~~een two lame residential areas ti~fl~icl~ are fully served by existing streets and transit facilities. Tl~e site is more centrally located tha~~ any other currently-designated medium-density residential site of more than half its size anywhere within the Metropolitan Area Urban Growth Boundary. It is on an existing main Lane Transit District Bus Route. lts internal street and sidewalk system, together with nearby Tyson Park, the proposed commercial node at Main Street, ~~~ill allow residents to meet many of their daily needs by walking or bicycling. The neighborhood loop system will result in pedestrian-friendly neighborhood streets. The income levels of the population will result in below-average automobile ownership and usage, trip generation, and fuel consumption. . Goal. X4 - Ut•bax~ization. This goal req«ires that urban growth boundaries ~UGB's} be established to assure cocl~ act a~~d eff cie~~t urban gro~~~tll within UGB's while protecting rural p resource lands outside UGB's. Use of the subject site for affordable, medium-density housing promotes this objective ire many ways, so~1~e of wllicl~ have been described in the discussion of the energy, transportation, and facilities boats, above. ~n those instances where an under allocation of needed supply exists, it is necessary to then convert another inventory source or Zook towards an expansion in the boundary. Conversion of surplus inventory is far more preferable than a boundary expansioil~. The discussion under the Economy and Housing Goals, above, demonstrates that the Metro Area has been quite liberal in its allocation of industrial lands but quite conser~tative in its allocation of land far medium density residential, and that past residential development has not included affordable low-income housing. These needs must be met somewhere, and a reasonable exercise is to evaluate the attributes of sites which are included in a surplus inventory. The subject site is such a tract. The proposed redesignation will allow it to be tailored for an optimum use as buffer, commercial, and residential ~~se. I~. IlZETR4 PLAN AI17E~TD1I~ZENTS 11~UST~~ 1\aT MAKE THE n~ETR~ PLAN INTER11rALLY ~~Ca1~~51STEI~T The proposed plan amendment does not render the Metro Plan internally inconsistent. It seeks to reallocate most of a single parcel of land from the Metro Area's industrial land base to the area's medium density residential land base. As the discussion of the Economy and Housing Goals makes clear, the reallocation does not impair the area's industrial land base, nor does it reduces :art or tan -term inventor below rojected demand. It will add 35 acres to the area's - ~ . g y P limited base of medium density land at a site that is fully ser~~iced a~~d centrally located. At the same time, the site continues to meet tl~e need for a transitional zone, providing a buffer between existinb heavy industrial uses and low density residential development. This is consistent with lannin~ ractice elsewhere in tl~e Metro Plan and Springfield Ref nement Plans. p ~P This amendment presents no issue of inconsistency with the area's refi~~ement plan. The Metro Plan clearly provides that refinement plans are local, interpretative refinements of the Metro Plan. The do not amend the Metro Plan itself. In cases of conflict, the Metro Plan controls. The Plan provides at page. X-5. that, "Should inconsistencies occur, the Metro Plan; is the revailin olio. document." The Plan clearly contemplates both that the Plan itself will be P gP Y amended and that inconsistencies between the Plan and ref nen~ent plans will occur. When the Plan is amended, those elements of a ref nement plan that are not consistent ~~~ith the Plan as amended are ineffective to the extent of the conflict. III. THE A~~ZEI\rDMENT IS I1~T A PLAN UP-DATE AMEhrD117ENT In determining the classifcation of a Plan amendment, the Director of the home jurisdiction must take action within five da s of acceptance of a complete application. an Ianuary 1~, 1991, the Y following f ndings for classification as a Major Plan Amendment were made: A major plan amendment is defined as..."A change to the Metropolitan Plan which ~1} amends the text of the Plan; ~2} is a substantial diagram amendment; ~3} requires an ESEE analysis under statewide planning Goal 5; ~4} requires another concurrent Plan amendment to maintain plan .consistency; or ~5} substantively affects the City of Eugene, the City of Springfield and Lane County. " . A substantial diagram amendment is defined as..."A change to the Metropolitan Plan diagram whicfi is a change to or from medium or high density residential or commercial designations for more than 15 acres of land or which is any other change affecting more than 3~ acres of land." The proposed amendment would change the Metro Plan diagram from Light-Medium and Heavy Industrial to Medium Density Residential for 52 acres of land within the city limits ~ of Springfield. Although this proposed amendment is substantive, it does not rise to the level of a plan update amendment which is def ned as: Any change to the Metropolitan Plan which ~1}changes the urban growth baundary or the jurisdictional boundary of the Plan; ~2} requires a goal exception to be taken under statewide planning goal 2; ~3} .amends a fundamental principle, metropolitan goal ar policy set out in Chapter II of the Plan; or ~~} requires a substantial diversion of budgeted planning resources from the approved work programs . of affected city departments. 12 r The sub'ect roperty is ulithin the city limits and designated for urban use therefore no ~ P ad'ustment to either boundary is required nor are there any resource protection issues v~rhich ~ ~' ' o amendment seeks no require an exception pursuant to state~~ 3de plann~n~ goal 2. 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