HomeMy WebLinkAboutOrdinance No. 19795
ORDINANCE NO. 19.1'1:S-
AN ORDINANCE AMENDING THE EUGENE-SPRINGFIELD
METROPOLITAN AREA GENERAL PLAN TO
REDESIGNATE PROPERlY IDENTIFIED AS MAP 17-02-
31, TAX LOTS 300 AND 700, FROM LIGHT-MEDIUM AND
HEAVY INDUSTRIAL LAND USE TO A COMBINATION OF
MEDIUM DENSIlY RESIDENTIAL, LIGHT-MEDIUM
INDUSTRIAL AND COMMERCIAL LAND USES, AND
ADOPTING A SAVINGS AND SEVERABILIlY CLAUSE.
The City Council of the City of Eugene finds that:
A. The City Council of the City of Eugene received a proposal from the City
of Springfield (Springfield Journal No. 90-12-201) for the amendment of the Eugene
Springfield Metropolitan Area General Plan (Metro Plan) to change the land use
designations of 53 acres of vacant land identified as Map 17-02-31, Tax Lots 300 and 700.
B. This proposal came to the City of Eugene for action pursuant to procedures
described in the Metro Plan and Chapter 9 of the Eugene Code, 1971 for amendment and
refinement of the Metro Plan, which requires joint hearings before the three Planning
Commissions and the elected officials of each jurisdiction.
c. The Lane County, Springfield and Eugene Planning Commissions reviewed
the proposal in separate work sessions prior to March 12, 1991. A joint public hearing
was conducted on April 3, 1991. On April 16, 1991, all three Planning Commissions
recommended that the application be denied.
D. The City Councils of Eugene and Springfield and the Board of County
Commissioners of Lane County conducted a joint public hearing on April 29, 1991. At a
public meeting held on May 13, 1991, the City of Eugene voted to deny the application
as proposed. At a subsequent meeting on May 28, 1991, the City Council reconsidered
the matter and voted in favor of the application. On May 6, 1991 the City of Springfield
voted to approve the application as proposed. At a meeting held May 7, 1991 the Board
of County Commissioners voted to deny the application as proposed.
E. The Metro Plan and respective Code provisions adopted by Eugene,
Springfield and Lane County provide that the matter be referred to the Metropolitan
Policy Committee for conflict resolution if the jurisdictions do not adopt identical
ordinances. The respective jurisdictions did refer the matter to the Metropolitan Policy
Committee to determine if conflict resolution was possible, and that Committee
Ordinance - 1
conducted hearings to consider the matter on June 13, 1991 and July 11, 1991.
E At the conclusion of the Metropolitan Policy Committee hearings, the
Committee found that additional modification of the proposed amendment was necessary
to resolve those issues which resulted in the divergent decisions by the governing bodies
of each of the respective three jurisdictions, and recommended such modification. The
Metropolitan Policy Committee further suggested that the governing body of each
jurisdiction set a date, time and place for a public hearing to receive and consider
testimony on the differences between the initial application and the modification as
recommended by the Metropolitan Policy Committee.
G. By Resolution duly adopted on July 22, 1991, the City Council of the City of
Eugene accepted the recommendation of the Metropolitan Policy Committee as set forth
in Exhibit A attached hereto and incorporated herein by reference, and directed that a
public hearing be held on September 9, 1991 to consider the differences between the
initial application and the recommended modification.
H. Evidence exists within the record and the findings attached hereto that the
proposal as modified meets the requirements of Chapter 9 of the Eugene Code, 1971, the
requirements of applicable state and local law, and is necessary because circumstances
have changed in a substantial manner from those originally contemplated in the Metro
Plan.
NO~ THEREFORE,
THE CIlY 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.
Section 2. The Metro Plan Diagram land use designation of the property identified
as Map 17-02-31, Tax Lots 300 and 700 are amended as depicted on Exhibit A to 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.
Section 4. This Ordinance shall become effective upon adoption of identical
amendments to the Metro Plan by the Springfield City Council and Lane County Board
Ordinance - 2
of Commissioners.
Passed by the City Council this
~
q - day of September, 1991
Approved by the Mayor this
qlh day of September, 1991
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City Recorder
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Ordinance - 3
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In the Ibu:~ of App~ tl&e r.lW>f"J1'c.t Xesolut1cm Prnt!flIdD1:lli for ~qeDt to I
the Ketropolitan ~ ~ Plaa Cooc! ~i~~r Cate: Centers, IDe.. ApPllCant.!
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~.&';, C:OocJ Nd.pbor ear. CE:a.tc:t'~t IDe. has applied tor an :tm~nd.ment to the 1
Ketrapolltan .A:u. Genanl Plan J)!~ (J'ou=el !ftmb~ 90-12.-201); and I ;
WBRRAS, 'th. sove~ bodies of SpriDgf1eld. Eunne and r~nl!' ~tmty:
conducted public J:lear1Di',,; 4)n the P~Opo6ed :!lJII....dmeut: and cJjd nor. e.aac.t 1denrScali
decisioDs, &DG · . 1
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~. the fle.tropnli tan Pol1c:y Collllllittce, upon hearing lestimony 011 I this .
~calD~t on June: 13, 1991, d1rec:ted statt and t.he prineipalJ: in ~:J IlIIIner to ~
propose a.l "ema~ivQ solutioD3 ~or 'ChoSEl issue:. vhich lea.4 to divU"i'ent d.c:.i~inn* 1
h7 the iO"'4::!.rA11:lg bodIes. I !
1iOi, ~J n R RiSOI.'Vml, by the Ketropo1it~ Pollcy Collllll1ttee as follQvs: .
1. MPC recolllll1cmds that each uL tba 'thre. governi:lJg bodip1;: eonduet a ~llie ;
hcar1J:11 011 aZ1 ordin;tnee adoPting th. propo:secl plan diqlClll1 aIllendment as modi!fied
by Hl'C a=d ana.t:lled hereto as ah1b1t A. T.~timony at th~e heariDg.s $ball. be
l:im; ted to the differenc~ be~ t1Je !D1 t1al application ann the mOdifilJtiOll
recommended by .!pc. .
". MPc .-eeollllllC1d3 t:h&t find111:K~ acldresS1ng applicablc:l gaals and plcm
pul1c1es be prepared. by tha Off..i.CQ of the Sp"~ielci City AlloDley tor adoption
by the three gcvern:iug bod1u c.oncU:treJ1tJy vith Uta f:htal app;coove.l of ~.
'topos~d plan ~ a=aa4mc=t.
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/EXHIBIT A
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EXHIBIT A
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EXHIBI:T B
Findings ill Support of Ol.dillance No. _
Anlending the 1\'fetro Plall (Burkland/Spring,\'ood Site)
I. l\IETRO PLAN AI\1END1\1ENTS I\1UST BE CONSISTENT \VITH APPLICABLE
STATE GOALS
Goal 1 - Cit.izen In\'ol"ement.. This goal requires that programs be implemented that \\t'ill
provide an opportunity for citizens to be involved, in all phases of the planning process.
Springfield and the other two 1\1etro Area planning jurisdictions ha\'e an ackno\vledged citizen
involvement program and acknowledged procedures for securing citizen input on all proposed
plan and zone changes. Those 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, the elected governing bodies of all three jurisdictions, and the
Metropolitan Policy Committee. The City of Springfield \viII conduct additional public hearings
to adopt Refinement Plan Amendlnents intended to implement the Metro Plan Amendment.
Goal 2 - Land Use Planning. This goal requires establishnlent of a land use planning process
and policy framework as a basis for land use decisions. Satisfaction of this goal re.quires
adoption of a comprehensive plan and its acknowledgment by the Oregon Land Conservation and
Development Commission. This Metro Plan amendment is being processed as a citizen-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
refinement of this amendment will OCCllr through adoption of new policies in the Mid-Springfield
Refinement Plan and through iInpleInentation of the City's site plan review standards.
'Goals 3 & 4 - Agricultural alld Forest. Lands. These goals protect farm and forest land. The
site, annexed to the city in 1960, isjn the geographic center of Springfield. It is acknowledged
~rban land. No part of the subject site or any abutting or nearby site is planned, zoned, held,
or suitable for agricultural or forest use. .
GoalS - Open Spaces, Scellic and I-listol.ic A..eas, .alld 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 econonlic, social, environmental and energy consequences (ESEE
analysis).
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No part of the site is within a floodplain or floodv.'ay.
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
identified in the in'ventory as a wildlife travel corridor. Site descriptions and maps from
the inventory are attached.
A 1990 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 Improvemellt. Needs for Selected Sprillgfield Industrial Sites. It
was prepared under a federal 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 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 acknowledg~d 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 Elenlent. of the Metro Plan implements Goal 5 as to such
identified resources. Objective 2 (p. III-C-6) requires the integration of open space and natural
features into the design of urban development. Policies I, 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
d.eve1opment in such a manner as to better control drainage, erosion, storm runoff and to reduce
street-related water quality and quantity problems. Policy 25 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. II
2
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Development of the subject property n1ay occur only after site review pursuant to Springfield
Development Code, SDC Article 31, \\'hich requires that the design of the proposed
development, as conditioned, "mitigates identified negative impacts and resolves identified land
use conflicts, If including those identified here. 31.060(3). Each site plan review application
must include a written description of the developlnent proposal and a site inventory map showing
slopes, natural features, and existing public facilities. The de\'elopment plan nlust show how
natural features will be modified by construction activity, showing building footprints and
. elevations as w~!l as l?ar~ing and circulation, public ilnprovenlents, drainage, and landscaping.
Site review approval of "a specific development proposal on this site will require that the
applicable resource protection policies of the I\1etro 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, all wetlands falling 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 \vetland, drainage ditch, and \vet 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 (copy attached) as "Enhanced Wetland" and shall be fully protected
under any development plan that is approved.
Goal 6 - Air, 'Vater 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 LRAP A 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 \\'ell 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 ~esin plant. This area \vill be designated for Light-Medium Industrial use,
excluding all residential uses and permitting only light manufacturing, assembly, and warehouse
type uses, providing both a buffer and a logical transition. Based upon the models which
LRAP A has developed, the proposed buffer \vill provide far lTIOre protection to the residents of
Springwood than is required by any applicable statute or regulation. It will provide many times
t~e p.rotection afforded to plant workers under federal law. And it will provide substantially
more separation from Springwood than is currently enjoyed by residents of the trailer park just
north of the plant. The matrices and printouts that LRAP A has provided project potential
concentrations of formaldehyde in the air at various distances to the east of the plant when the
wind is blowing from the west. The 111atrix specifies 14 wind speeds and 6 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.
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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
11onday-Wednesday, March 4-6), 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 .001 ppm. average exposures on any day, using the most
sensitive testing methodology available.
The highest projected concentration in LRAP A's model occurs right next to the plant on the
western side of the 100-foot railroad right of way, over 500 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, 300 days a year under the Federal Occupational Health and Safety Act (OSHA). The
OSHA standard is 1.2 parts per million, or 1,500 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
LRAP A's models, would be on ly one thi rd of the eight-hour, 300-day-per-year OSHA 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 8-hour
daily exposure of double that concentration permitted for workers at the plant site.
LRAPA'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 wiII 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 wiII only
occasionally and briefly approach the highest concentrations, whiclrthemselves are well below
the OSHA standards. The most frequent combination of west-to-east direction and any given
air st,ability condition is about 13 percent, which is to say that about 13 percent of the time the
wind wiII 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 C\ll other conditions are present. Eight
and a half percent of 13 percent is 1.15 percent.
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Goal 7 - Areas Sllbject to Natu..al Disaste..s and Hazards. This goal requires that in areas
of natural hazards, such as landslides and floods, developnlents nlust incorporate appropriate
safeguards.
l\fetro Plan Policy C-4: Local governments shall require site-specific soil surveys and
geologic studies where potential problems exist. When problems are identified, local
governments shall require special design considerations and construction measures be
taken to offset the soil and geologic constraints present, to protect life and property, and
to protect environmentally sensitive areas. II Page III-C-7.
The site is not in a floodplain or flood way . It is level and not subject to slides. The goal does
not address artificial hazards, such as those from traffic, industrial acti\'ity, or excavation. The
applicant has addressed the problem of noise, safety, air quality and compatibility with nearby
industrial activities by proposing a large buffer of nonresidentiaIly-designated land to the east
of the existing 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 'h,ith 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 revie\v.
Goal 8 - Recreational Needs. This goal requires planning for recreation areas, facilities and
opportunities in appropriate proportions and in such quantity and locations as is consistent with
the availability of resources. The site is located four blocks due west of Tyson Park (see
attached map from Mid-Springfield Refinement Plan), well within the park's half-mile 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 a well-served part of
town.
Goal 9 - Economic Development. This goal calls for diversification and improvement of the
~on9my. Among other things, each comlTIunity must inventory its stock of buildable
commercial and industrial lands, project future need for such lands, and plan and zone adequate
acreage to meet the projected needs.
5
Overall, the Eugene-Springfield area is comparatively well-supplied with industrial land. The
~1arch, 1991, Draft ?\1etro 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:
Gross supply:
Buildable supply:
Constraint free:
1,947 acres
228 to 410 acres
650 to 1, 170 acres
4,039 acres
3,604 acres
I ,688 acres
However, a much more detailed and in-depth study of th.e site's absolute and relative potential
for industrial development \,\'as conducted for the City of Springfield in 1990 as part of the EDA
Study. This study concludes that the site would require major off-site improvements, at a cost
of $2,000,000, 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 1-105, 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 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 Ifis estimated to be 650
. acres. 11 A less-likely scenario projects a long-term demand of 1, 172 acres. Springfield has half
of the 48 100-percent constraint-free, short term sites. West Eugene and West Springfield,
which'includes the Burkland site, have the best supplies of "constraint-free industrial sites that
are presently within a city and [are] well-served w~th improvements. II 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. U West Springfield's current
short-term supply exceeds the 1Imost likely" long-term delJ1and for the entire Metropolitan Urban
Growth Area. Projected demand for heavy industrial land is not anticipated in the study.
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Labor Supply and Industrial Gt.O,vtll
The November, 1990, Draft Industrial Lands Study finds that the Itlong-terJTI 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 Metropolitan area." The Study
projects "labor shortages and a slo~/do\vn in eJnployment growth. If A leading guide to industrial
location observes that .
tilt may not be far-fetched to state that labor is the most important single factor
influence plant location; (and 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. . . II 11oriarity, Industrial Location and Community
De"elopment (UNe Press 1980) 181.
Labor Supply and Affordable Housing: A Critical Lillk
A decline in wages can be offset in part by a decline in shelter costs. Instead, 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 conlparative advantage in attracting and retaining the labor
force necessary to attract and retain industry.
A Task Force on Homelessness and Affordable Housing 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. "
~ 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.
.. In 1988, over 20 percent of all low-incolne renters in Lane County were paying more
than 75 percent of their inconle for rents.
Goal 10 - Housing. This goal requires loc,!l 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 ",'ith the financial capabilities of Oregon households and
allow for flexibility of housing location, type and density. It
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According to the latest 1991 drafts of the !\1etro 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 shoV\/s a projected medium density residential demand of 1340-
1440 buildable acres over the long-terITI planning period. The long-term, unadjusted gross
supply of land designated either. in tIle plall or 011 a zOlling 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 \vetlands, flood plains, and severe slopes, is 287, or less than 25
percent of the designated land.
A further description of the in\lentory 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 short-term
supply exceeds both short-term and long-ternl demand. Short-ternl supply is 1,947 acres.. Short-
term demand is 228 to 410 acres. Long-terlTI delnand is 650 to 1,170 acres. The gross 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.
This short-fall in the area's multi-family inventory does not help what has become a significant
problem: affordable housing. During the 10 years since the Metro Plan was acknowled&ed, 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's Housing.
Locally, a variety of studies have 111ade si I11ilar findings. AITIong theIn are these:
The 1989 Lane County Task force on HOlnelessness and Affordable Housing reported that tithe
only residential housing construction that has occurred since 1979 "has been planned and
designed for the higher income sector. II
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. II In)uly, 1989, for exan1ple, a description of recently
proposed rental projects in Eugene projected the lowest rent for a two-bedroom apartment at
$595 a month.
Approximately 28,000 Lane County households are considered low-income, meaning those
having incomes of less than half the tnedian ($14,750) family income for a family of four.
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The national, state and local trends described in the Task Force Report tthave drastically affected
the ability of these Lane County residents to find and retain housing. II
"Using the federal definition of affordable housing as 30 percent of household income for rent
and utilities, . . . there are very few rental or for-sale units affordable to County residents; who
fall into these income categories. II
Land intended to meet the need for affordable housing, namely land designated for multiple
family use, has proven not to be actually and meaningfully available for such housing.
One main reason that such lands are not in fact available for affordable housing has been that
affordable housing has been unable to con1pete \vith other uses permitted on such lands.
A principal competing use is highe~-income Inultiple fami.ly housing, which has driven the price
of land available for multiple-family housing out of reach, as evidenced by the increasing market
values of such lands and by the dearth of affordable multi-family housing construction in the last
ten years.
"For every $1,000 of housing cost reduced, the proportion of families who can afford housing
dramatically increases due to the shape of the income distribution curve." Bergman,
Development Controls and Housing Costs: A Policy Guide to Research, in Volume III,
l\1anagement and Control of Gro,vtll (ULI 1975) 531.
"P~r unit differentials which are due to zoning-induced imbalances of supply currently exact a
premium or 'hidden tax' on smaller lot, lower cost housing." Bergman, Development Controls
and Housing Costs: A Policy Guide to Researcll, in Volume III, Mallagenlent and Control
of Gro\\7t.h (ULI 1975) 531. -
Goal I! - Public Facilities 311d Sel."ices. 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 avatlable 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 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 42" pipe
carrying flows west from the northern end of th~ site has ample capacity to handle the
proposed project, and the applicant proposes to tie all developlnent on the site into that
pipe. There are capacity problelTIS w~th the sewer along ,Main Street upstream (easterly)
from the south end of the property. The City's 1989 Sanitary Sewer Master Plan calls
for replacing the 27" pipe reach along t\1ain fronl 32nd Street east with 361t pipe. The
project's use of the 42t1 nlain at the north end of the property would have no effect upon
this problem or the proposed solution.
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Storm Sewer: Figure 6.3F 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 10" to 66" in diameter. The ditch through the center of the
Burkland site carries water from along :t\1ain 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 Ita 66" pipe through the Iniddle of the Burkland site and
utilization of the existing systenl \vithin the 1\1cKenzie Highway. II As the applicant's
engineers have determined, the saIne solution \\'ould fully serve the proposed mixture of
residential and commercial uses enlbodied in the applicant's proposal for the site. As
they say,
"The proposed development would cause less inlpact on the storm
sewer system than was originally anticipated for heavy and light
industrial development. Residential developments have a smaller
percentage of imperllleable surface areas than industrial sites that
typically have requirenlents for large structures and paved
surfacing. II
Modifications to the existing drainage systelTI 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 - Transport.ation. 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 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 wetland/woodland 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 circulation and access. The roadway will also provide bus access to all parts of the
development. A bus stop and shelter facility \\'i11 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 nea~ 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 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 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 the ti Ine of site review.
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Goal 13 - Ellel~gy COllservation. This goal requires that land uses maxiInize conservation of
all forms of energy based on sound econonlic principles. The proposed site is part of the
existing urban fabric of Springfield, bet\veen t\\'o large residential areas which are fully served
by existing streets and transit facilities. The site is more centrally located than any other
currently-designated medium-density residential site of ITIOre 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 sy~tem, together with nearby Tyson Park, the
proposed commercial node at 1\..1ain.Street, \vi11 allow residents t.o 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 14 - Urbanization. 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, SOIlle of which have been described in the discussion of
the energy, transportation, and facilities goals, above.
In those instances where an under allocation of needed supply exists, it is necessary to then
convert another inventory source or look towards an expansion in the boundary. Conversion of
surplus inventory is far more preferable than a boundary expansion.
The discussion under the ECOn0111Y and Housing Goals, above, ~emonstrates that the Metro Area
has been quite liberal in its allocation of industrial lands but quite conservative in its allocation
of land for medium density residen,tial, 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 use.
II. METRO PLAN Al\IEl\TD1\1ENTS l\lUST NOT l\fAKE THE l\1ETRO PLAN
INTERNALLY INCONSISTENT
The proposed plan amendment does not render the ~,1etr9 Plan internally inconsistent. It seeks
to reallocate most of a single parcel of land froIn 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 iIllpair the area's industrial land base, nor does it
reduce short or long-term inventory below projected denland. It will add 35 acres to the area's
limited base of medium density land at a site that is fully serviced and centrally located.
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~ J ..!II
At the same time, the site continues to meet the need for a transitional zone, providing a buffer
between existing heavy industrial uses and low density residential-development. This is
consistent with planning practice elsewhere in the Metro Plan and Springfield Refinement Plans.
This amendment presents no issue of inconsistency with the area's refinement plan. The Metro
Plan clearly provides that refinelnent plans are local, interpretative refinements of the Metro
Plan. The do not amend the !\1etro Plan itself. In cases of conflict, the Metro Plan controls.
The Plan provides at page 1-5 that, ~I Should inconsistencies occur, the Metro Plan; is the
prevailing policy documel1t. tI :" The Plan clearly contemplates both that the Plan itself will be
amended and that inconsistencies between the Plan and refinement plans will occur. When the
Plan is amended, those elements of a refinenlent plan that are not consistent with the Plan as
amended are ineffective to the extent of the conflict.
III. THE Al\'lEl\~:\1ENT IS NOT A PLAN UP-DA TE Al\1EI\rol\IENT
In determining the classification of a Plan alnendment, the Director of the home jurisdiction must
take action within fi\'e days of acceptance of a complete application. On January 10, 1991, the
following findings for classification as a Major Plan Amendment were made:
A major plan amendment is defined as... II A change to the Metropolitan Plan which (1) amends
the text of the Plan; (2) is a substantial diag...am anlendment; (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. II
A substantial diagram amendment is defined as... II A change to the Metropolitan Plan diagram
which 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 30 acres of land. II
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 defined as: ·
Any change to the Metropolitan Plan which (1) changes the urban growth boundary 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 or
policy set out in Chapter II of the Plan; or (4) requires a substantial diversion of
budgeted planning resources fronl the approved work programs of affected city
departments.
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The subject property is within the city limits and designated for urban use therefore no
adjustment to either boundary is required nor are there any resource protection issues
which require an exception pursuant to statewide planning goal 2. This proposed
amendment seeks no change to plan policy or text and, because this proposal was privately
initiated consistent with the new amendment procedures, no diversion of budgeted
resources is required for processing.
IV. ADDITIONAL FINDINGS.
1. The proposed Light-Medium Industrial designation (LMI) provides a buffer
between the more intensive Heavy Industrial designation (HI) to the west of the subject
property and the proposed Medium Density Residential designation (MDR) on the eastern
portion of the subject property. The proposed MDR in turn provides a more compatible
buffer for the existing Low Density Residential designation (LDR) east of the subject
property than would the present LMI designation.
2. The pattern of land use designations that will be created through this
amendment - HI to LMI to MDR to LDR - is a traditional technique employed in land
use planning to limit or reduce incompatible relationships between adjoining uses. This
pattern of diminishing intensity is duplicated in many areas within the boundaries of the
Eugene-Springfield metropolitan area.
3. The proposed east-west dimension of the LMI designation - 553 feet to 270
feet, is consistent with existing and proposed LMI developments throughout the Eugene-
Springfield metropolitan area.
4. The deployment of the LMI designation along the entire north-south
dimension of the subject property will maintain rail access resource for future industrial
development and provide a buffer between existing. industrial uses on the west and
proposed MDR uses on the east. The roadway, open ditch and landscape set-back that
will separate the LMI and MDR designations will provide additional buffer between
industrial and residential uses. This configuration is consistent with the following elements
of State-wide Goal 9 ECONOMIC DEVELOPMENT:
"3. Provide for at least an adequate supply of sites of suitable sizes, types,
locations and service levels for a variety of industrial and commercial uses
consistent with plan policies~ '
"4. Limit uses on or near sites zoned for specific industrial and commercial uses
to those which are compatible with proposed uses."
This configuration is consistent with the following Metro Plan policies in the Economic
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Blement:
" 13.
"20.
tl-"'1-11. w between indUStrla\\'Y zoned lands and adiacent areas
'Encourage compa: LV")
in local planning programs.
. . d d S ringfield and 'Eugene for
~~;~~~ ~~~:~;~:;t:~u:~~:ll~n~ sp:~~~~ighr industrial uses, as ~e\\ as
potential resldentlal uses.
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