HomeMy WebLinkAboutOrdinance No. 20133ORDINANCE NO. ~ / 3„3
AN ORDINANCE ADOPTING A TExT AMENDMENT TO THE EUGENE-
SPRINGFIELD METROPOLITAN AREA GENERAL PLAN TO MODIFY
SECTION II-C AND SECTION N, POLICY 5.b., AND TO TRANSFER
JURISDICTION FUR GLENWDOD FROM EUGENE TO SPRINGFIELD
The City Council of the City of Eugene Ends that:
A. Chapter IV of the Eugene-Springf eld Metropolitan Area General Plan ~"Metro Plan"
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sets forth procedures for amendment of the Metro Plan, which for Eugene are im lemented b the
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provisions of Eugene Code Section 9.118 through 9.13.
B. Chapter IV ~4}~a} of the Metro Plan allows any one of the three governin bodies to
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initiate a Type I amendment to the Metro Plan.
C. The Springfield City Council voted to initiate a Type I text amendment to the Metro
Plan, transferring jurisdiction for Glenwood from Eugene to Springfield, at a meetin of the Joint
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Elected Gff~cials on September 16,1998.
D, The Eugene City Council voted to support initiation of a Type I text amendment to
the Metro Plan transferring jurisdiction of Glenwood from Eugene to Springf eld at its Se tember
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21,1995 meeting.
E. At a joint public hearing on October 13, 1998 with the Planning Commissions of
Springf eld and Lane County, the Eugene Planning Commission reviewed the pro osal and
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voted unanimously to recommend approval of the proposal.
F. The Eugene City Council conducted a public hearing at a j oint meeting with the
Springfield City Cauncil and Lane County Board of Commissioners on November 16 1995 and is
now ready to take action.
G. Evidence exists within the record as set forth in Exhibit A attached hereto that the
proposal meets the requirements of Chapter 9 of the Eugene Code,1971, and the requirements of
the applicable state and local law.
NOW, THEREFORE,
THE CITY OF EUGENE DOES ORDAIN AS FOLLOWS:
Section L The above findings, and the findings set forth in Exhibit A attached hereto and
incorporated herein by reference are hereby adopted.
Grdinance -1
Section 2. Section Yl-C, page 11-C-1 of the Eugene-Springfield Metropolitan Area General
Plan is amended to read as follows:
"C. Eu ene and S rin field Jurisdictional Res onsibili
The division of responsibility between the two cities is the Interstate 5 Highwa .
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However, state law X1951} provides a mechanism for creation of a new city in the River
Road-Santa Clara area."
Section 3. Policy S.b.,Pages IV-2 and rV-3 of the Eugene-Springf eld Metropolitan Area
General Plan is amended to read as follows:
"5.b. A site specific Type I Metropolitan Plan amendment that involves a UGB
expansion or Plan Boundary change and a Type II Metropolitan Plan amendment
between the city limits and Plan Boundary, must be approved by the home city and
Lane County Springfield is the home city far amendments east of I-5, and Eugene is
the home city for amendments west of I-5}, The non-home city will be sent a referral
of the proposed amendment and, based upon a determination that the proposal will
have Regional Impact, may participate in the decision. Unless the non-home city makes
off rmative findings of Regional Impact, the non-home city will not participate in the
decision."
Section 4. Notwithstanding the provisions of the Eugene Charter of 1976 and the Eugene
Code, 1971, this Ordinance shall not become effective until identical provisions are adopted b the
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Springfield City Council and Lane County Board of Commissioners.
Section 5. 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, that onion
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shall be deemed a separate, distinct, and independent provision and that holding shall not affect the
validity of the remaining portions of this Ordinance.
Passed by the City Council this Approved by the Mayor this
~~day of ~`~~-~-- ,1998
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City Recorder
Ordinance -2
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day of ,19gg
EXHIBIT A
FINDINGS IN SUPPORT OF THE ORDINANCE ADAPTING A TEXT
AMENDMENT TO THE EUGENE-SPRINGFIELD METROPOLITAN
AREA GENERAL PLAN TO MODIFY SECTION II-C AND SECTION IV, POLICY
5.b. AND TO TRANSFER JURISDICTION FOR GLENwU4D FROM EUGENE TO
SPRINGFIELD
Except where noted otherwise, the following f ndings are based on information presented i.n the May
4,1998 report, Glenwood Jurisdictional Study, prepared by the City of Springfield and included as
part of the record of the October 13,199$ joint Planning Commission public hearing.
The following criteria from the Springf eld Development Code 7.0703}, Eugene Code 9.1283}, and
Lane Code 12.22512} shall be applied by the elected officials in approving or denying a Metro Plan
amendment:
(a} The amendment must be consistent with the relevant statewide planning goals
adopted by the Land Conservation and Development Commission; and
fib} Adoption of the amendment must not make the Metro Plan internally inconsistent.
The Eugene City Council makes the following findings with respect to the criteria set forth in
Eugene Code 9.1283}:
Criteria #1 SDC 7,07a~3}~a}, EC 9.125 ~3}~a}, and LC 1Z,2Z5~Z~~a} ; The amendment must
be consistent with the relevant statewide planning goals adopted by the Land Conservation
and Development Commission.
Goal 1-Ci#izen Involvement: 2~o develop a citizen involvement program that insures the
opportunity for citizens to be involved in all phases of the planning process.
Significant informal public input has occurred with respect to jurisdictional issues dating back to
1993, including a petition signed by 450 residents, a Springfield Summit, Springf eld Chamber of
Commerce Futures Committee events, a design project by students from the University of Oregon
School of Architecture, newsletters, surveys, and an open house sponsored by the City of
Springfield.
On August 27,1998 notice of a September 16 joint public meeting where the elected officials of
Eugene, Springfield and Lane County considered initiation of the Metro Plan amendment was mailed
to the interested parties list in the Glenwood area. Additional notice of the meeting was
accomplished through display ads published in the Register Guard and Springfield News on
September 5,12,14, and ld. A news release was provided to the media on September 8 together
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with public service announcements. Flyers providing notice of the Se tember 16 initiation meetin
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were also posted on community bulletin boards in the Glenwood area. About 65 eo le attended
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the September 16 meeting and many people provided oral or written comment at that meetin .
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This Metro Plan amendment proposal is subject to the public notification and hearin
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processes adopted by the City of Springfield in SDC 7,100, City of Eugene in EC 9.118 to 9.136
and Lane County in LC 12.240. The amendments were considered at a ' oint ublic hearin before
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the Springfield, Eugene, and Lane County Planning Commissions on Gctober 13 199.8. Notice of
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the Planning Commissions public hearing was published in the Register-Guard and the S rin field
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News. wrntten notice of the Jonnt Planning Commissions public hearin was mailed to residents and
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property owners in Glenwood, those submitting comments at the September 16,1998 'oint elected
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official meeting, and persons who have requested notice. Minutes and ublic comments from the
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September 16,1998 joint elected official meeting were included as part of the record of the nctober
13,199$ joint planning commission public hearing.
Following the Gctober 13,1998 public hearing, the Spn~ngfneld and Eugene Plannin Commissions
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voted unanimously to recommend approval of the Metro Plan amendments. The Lane Coun
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Planrur~.g Comnission voted unanimously to recommend approval of the amendments at its Gctober
20,1995 meeting.
Springfield and Eugene City Councils and Lane County Board of Commissioners held a dul
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notnced, on the record, point public hearing on November 16, 1998 to consider a royal
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modnficatxon, or denial of the amendments. Notice of the proposed amendments was sent to the
Gregon Department of Land Conservation and Development ~DLCD} on Se tember 23 1995 at
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least 45 days prior to the November 16,199$ hearing on the amendments.
These processes afford ample opportunity far citizen involvement consistent with Goal 1. Therefore
the amendments are consistent with statewide planning Goal 1.
Goal 2-Land Use Planning; To establish a land use planning process and olic amework
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as a basis for all decisions and actions related to use of land and to assure an ode uate actual base
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for such decisions and actions.
This application to amend the Metro Plan text is consistent with Plan amendment rovisions found
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nn the Metro Plan, as codified nn the Eugene Code, Springfield Development Code and Lane Coun
Code. The Metro Plan is an acknowledged comprehensive plan, pursuant to provisions s ecif ed b
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the Land Conservation and Development Commission.
an September 16, 1998, the Springf eld City Council initiated this Type I Metro Plan text
amendment. Provisions in the Springfield Development Code ~SDC 77.010 to 7.110}, Eu ene Code
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SEC 9.11 S to 9.134}, and Lane Code PLC 12.240} specify the means by which the Metro Plan ma
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be amended. Thns proposal, and the process for reviewing the requested amendments, follow the
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procedures outlined in the Springfield, Eugene, and Lane County Codes, thus conformin with the
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established land use planning process consistent with Goal 2.
Goal 3 Agricultural Land: To preserve and maintain agricultural lands.
There are no lands designated for agricultural use in Glenwood. Accordin to the 1990 Glenwood
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Refinement Plan, there are about 38 acres zoned for agriculture in the southern end of Glenwood
along Interstate 5. This zoning is interim, i.e., the plan designation governs ultimate use of the land.
The Metro Plan diagram designates this area Parks and Gpen Space. This desi nation is not affected
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by the transfer of j urisdiction.
No plan designations are changed by the proposed amendments, Therefore, the amendments do not
affect Metro Plan compliance with Gaal 3.
Goal 4 Forest Land; Ta conserve forest lands by maintaining the forest land base and to
protect the state's forest economy by making possible economically e~cient forest radices that
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assure the continuous growing and harvesting of forest tree species as the leading use on orest land
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consistent with sound management of soil, air, water, and fish and wildlife resources and to rovide
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for recreational opportunities and agriculture.
There are no forest lands related to this proposal and no plan designations are char ed b the
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proposed amendments. Therefore, the amendments do not affect Metro Plan com liance with Goal
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4.
Goal 5-~Upen Spaces, Scenic and Historic Areas, and Natural Resources: To conserve o en
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space and protect natural and scenic resources.
Two areas in Glenwood are designated Parks and open Space in the Metro Plan dia am: the Laurel
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Hlll cemetery on Judk~ns Road and the area between I-5 and the railroad tracks in southeast
Glenwood, described above in the discussion of compliance with Goal 3. These desi nations are
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not affected by the transfer of jurisdiction.
According to the 1990 Glenwood Ref nement Plan, an inventory of potentially regulated wetlands
in Glenwood indicates that the major wetland areas are in and around the slough north of the railroad
tracks on both sides of Glenwood Boulevard. Both of these areas act as natural drains ewa s in
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Glenwood. Their function in relation to storm drainage is addressed in the Eugene Cam rehensive
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Stormwater 1~lanagement Plan, November,1993 and Eugene basin planning efforts, now underwa .
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The adopted Glenwood Refinement Plan contains the following policy related to wetlands:
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"2. Significant wetland areas in Glenwood shall be protected from encroachment and
degradation in order to retain their important functions and values related to fish and wildlife
habitat, flood conttol, sediment and erosion control, water quality control, and roundwater
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pollution control." Environmental Design Policy #2, page 92}
The 1992 Draft 1~letropolitan Natural .Resources Functional Plan identif es two natural resource
sites in Glenwood. A riparian area about 22 acres in size and the riparian area alon the Willamette
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River. The inventory is in the process of being updated; and updated or new study recommendations
will be proposed as part of periodic review.
The amendments do not change Goal 5 inventoried resources in Glenwood. Therefore, the
amendments do not affect compliance with Goal 5.
Goal 6-Air, Water and Land Resources duality: To maintain and improve the qual i o the
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air, water and land resources of the state.
The proposal for Metro Plan text amendments to transfer jurisdiction of Glenwood does not concern
waste and process discharges that would impact the quality of air, water, and land resources. Any
and all future development in the area will comply with all local, state, and federal standards and
guidelines and will be consistent with the Metro Plan diagram which is not proposed for than e as
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part of this proposal, Goal 6 considerations will be addressed by the City of Springf eld, followin
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the transition, through the site planning process as future development occurs in the area. The
proposal for a Metro Plan text amendment does not affect Metro Plan compliance with Goal 6.
Goa17 Areas Subject to Natural Disasters and Hazards: To protect life and property from
natural disasters and hazards.
According to the Glenwood Ref nement Plan, a significant portion of Glenwovd's river frontage,
especially south of the Springf eld Bridge, is within the 1 ~~-year flood zone; some of this property
is also within the floodway, The floodway includes the actual channel of the river and the art of
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the adjacent floodplain that must be served for the flow of floodwaters. Yn both Eugene and
Springf eld, new construction can occur in the flood hazard area outside the floodway if the floor
elevation is constructed one foot above the base flood elevation.
As part of a development request, any future construction in these areas would have to camply with
Springfield Development Code regulations concerning construction within the floodplain. This
would also be the case if the area remained in Eugene. Therefore, the amendments are consistent
with Goal 7 and continued compliance will occur through protections established by the City of
Springf eld's floodplain development regulations. The amendments will not affect Metro Plan
compliance with Goal 7.
Goal S Recreational Needs: To satisfy the recreational needs of the citizens of the state and
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visitors and, where appropriate, to provide for the siting of necessary recreational acilities
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zncludrng destznatron resorts.
willamalane Park and Recreation District has continued to make its facilities and services available
to residents in Glenwood without requiring out-of district fees. Following transition to S rin f eld
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~V~llamalane Park and Recreation District will provide park services to the area. Therefore the
amendments comply with Goal S.
Goal 9 Economic Development: ~'o provide adequate opportunities throu bout the state or
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a variety of economic activities vital to the health, welfare, and prosperity of ~regan's citizens.
The proposed Metro Plan text amendments do not change Metro Plan diagram deli nations or
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economic development polices. Therefore, the amendments will not affect Metro Plan com liance
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with Goal 9.
Goal 111~Housing: To provide for the housing needs of citizens of the state.
The adopted Metro Plan was acknowledged by LCDC to be in compliance with Goal 10. The
proposed Metro Plan amendments do not change Metro Plan diagram designations or housin
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pollc~es. Thus, the amendments will not affect Metro Plan compliance with Goal 10.
Goal 11 Public Facilities and Services: ~o plan and develop a timely, orderly and e tcient
arrangement of public facilities and services to serve as a framework far urban and rural
development.
Glenwood properties now within Eugene city limits are provided services by the Ci of Eu ene for
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sanitary sewers, stormwater management, parks and recreation, land use planning and building,
roads, police, and fire and emergency medical; by EwEB for water and electric; and Eu ene 4J
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School District for schools. There is a mutual aid agreement for fire by which Springfield Fire and
Life Safety responds to Glenwood properties inside Eugene. Solid waste collection is provided b
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lndiv~duals or by private haulers with regional transfer and disposal managed by Lane Coun .
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The Metro Plan provides for land in the UGB to be converted to urban land following annexation
when a minimum level of key urban facilities and services can be provided in an orderly and
efficient manner; that a full range of services be provided based on need and budgetary riorities;
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and that Eugene and EWEB and Springfield and SUB shall be the water and electric service
providers within the UGB, as stated in the following Metro Plan policies.
"7. Land within the urban growth boundary may be converted from urbanizable to urban
only through annexation to a city when it is found that:
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a. A minimum level of key urban facilities and services can be provided to the area
in an orderly and eff cient manner. They consist of sanitary sewers, solid waste
management, water service, fire and emergency medical services, police protection,
parks and recreation programs, electric service, land use controls, communication
facilities, and public schools on a district-wide basis din other words, not
necessarily within walking distance of all students served}. Paved streets with
adequate provision for stormwater runoff and pedestrian travel, meeting applicable
local policies, are important, particularly in new developments and along existin
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streets heavily used by pedestrians. Metro Plan Policy #7, page II-B-4}
"8. A full range of key urban facilities and services shall be provided to urban areas
according to demonstrated need and budgetary priorities. They include, in addition to
the minimum level of key urban facilities and services, urban public transit, natural as,
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storm drainage facilities, street lighting, librarres, local parks, local recreation facilities
and services, and health services." Metro Plan Policy #8, page II-B-4}
"16. Eugene and Springfield and their respective utility branches, Eugene Water and
Electric Board and Springfield Utility Board, shall be the water and electrical service
providers within the urban growth boundary." Metro Plan Policy # 16, page II-B-~
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Following adoption of the proposed Metro Plan text amendments, Springfield and Eu ene and their
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respective utilities, EwEB and SUB, will engage in a process to transition service rovision in
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Glenwood from Eugene to Springfield. This transition process will need to address servicin issues
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related to the incorporated portions of Glenwood because these areas are now receivin munici al
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services from Eugene. Intergovernmental agreements will be revised or developed to ensure service
levels are maintained in incorporated areas during the transition.
The proposed Metro Plan amendments will transfer from Eugene to Springfeld ultimate
responsibility for providing services to Glenwood. The City of Eugene has made a major investment
in Glenwood in expenditures for sanitary sewers and development of the Glenwood Ref nement
Plan. An intergovernmental agreement between Eugene and Springf eld to reimburse Eu ene for
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these costs will accompany the ordinance to amend the Metro Plan text; and the Cities of S rin field
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and Eugene will coordinate with Lane County to amend the separate Urban Transition Agreements
0n Streets and Roads to reflect the transfer of jurisdiction.
The May 4, I998 Glenwood Jurisdictional Study identifies a number of issues related to the
provision of services to Glenwood. The ordinance adapting these Metro Plan text amendments and
the accompanying intergovernmental agreement will include actions to be taken to resolve issues
associated with the transfer. These actions will ensure a timely, orderly and efficient arrangement
of public facilities and services to serve Glenwood.
This proposal does not change prof ect lists in the Eugene-Springfield Public Facilities Plan ~PFP}.
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Following a transfer of jurisdiction, key urban facilities and services will continue to be provided
to incorporated areas in Glenwood consistent with the Metro Plan. Project lists in the PFP will not
be affected by this proposal. Therefore, this proposal is in compliance with Goal 11.
Goal 12--Transportation; To provide and encourage a safe, convenient and econamic
transportation system.
The proposal will change service providers in the incorporated area of Glenwood from the City of
Eugene to the City of Springfield. Springfield will maintain the same level of service in
incorporated areas and wi11 provide service to newly annexing areas. All of the road projects in
Glenwood in the Metropolitan Area Transportation Plan ~TransPlan} are on the state system.
Section 660-~ 1 ~-0060 of the Transportation Planning Rule requires evaluation of a comprehensive
plan amendment to determine if the amendment significantly affects a transportation facility. The
proposed Metro Plan text amendments do not: change the functional classification of an existing
or planned transportation facility; change standards implementing a functional classification system;
allow types or levels of land uses which would result in levels of travel or access which are
inconsistent with the functional classif cation of a transportation facility; or reduce the level of
service of a facility below the minimum acceptable level identified in the Metropolitan Area
Transportation Plan ~TransPlan}.
The proposed amendments will not signif cantly affect a transportation facility and will not affect
compliance with policies or pro jects contained in TransPlan, a functional refinement to the Metro
Plan, acknowledged as complying with the requirements of Goal 12, Therefore, the amendments
will not affect Metro Plan compliance with Goal 12.
Goal 13 Energy Conservation: To conserve energy.
This Goal is not relevant because the amendments do not involve any additional development
that would consider energy conservation systems, or the recycling and reuse of vacant land per the
guidelines associated with Goal 13. The amendments will not affect Metro Plan compliance with
Goal 13.
Goal 14~-Urbanization: To provide for an orderly and e~cient transition from rural to urban
land use.
Glenwood is within the metropolitan Urban Growth Boundary and has been or can be provided all
necessary urban services. The amendments do not convert land from rural to urban use. Therefore,
this Goal is not relevant and the amendments will not affect Metro Plan compliance with Goal 14.
Goa115-Willamette River Greenway: To protect, conserve, enhance and maintain the
natural, scenic, historical, agricultural, econamic and recreational qualities of lands along the
Wllamette Diver as the Yllamette River ~reenway.
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Policy 6 in the Metro Plan Willamette River Greenway Element states that "New industrial
development that locates along the Willamette and McKenzie Rivers shall enhance natural scenic
and environmental qualities" (page I1I-D-4}, Metro Plan policy applies to the Glenwood area
regardless of whether the area is within Eugene's or Springfield's jurisdiction. Therefore the
amendments will not affect Metro Plan compliance with Goal 15.
Goals 16 through 19 Estuarine Resources, Coastal Sharelands, Beaches and Dunes, and ~eean
Resources:
There are no coastal, ocean, estuarine, or beach and dune resources involved in the amendments.
Therefore, these Goals are not relevant and the amendments will not affect Metro Plan com liance
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with Goals 16 through 19.
Criteria #2 SDC 7.0703}fib}, EC 9.128 ~3}fib}, and LC 12.2252}fib}: Ado tion of the
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amendment must not make the Metro Plan internally inconsistent.
The Metro Plan text amendments will not create any internal inconsistencies in the Metro Plan.
Metro Plan policy calls for the City of Springfield and SUB and the City of Eugene and EWEB to
be the water and electrical service providers within the urban growth bound Metro Plan Growth
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Management and Urban Service Area Policy # 16, page r1-B-6}. This amendment transfers
jurisdiction of Glenwood from one city and to the other. Services will continue to be rovided to
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the area by the current providers until the transfer is complete, consistent with this olic .Thus the
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proposed Metro Plan text amendments will not make the Metro Plan internally inconsistent.
Conclusion
Based on the findings set forth herein, the Eugene City Council concludes that the ro osed
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amendments to the Metro Plan text are consistent with relevant statewide planning oals ado ted
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by the Land Conservation and Development Commission; and adoption of the amendments will not
make the Metro Plan internally inconsistent.
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