Loading...
HomeMy WebLinkAboutOrdinance No. 19691ORDINANCE N0. 1969' AN ORDINANCE AMENDING THE EUGENE-SPRINGFIELD METROPOLITAN AREA GENERAL PLAN TO ALLOW SEWER SERVICE TO DEVELOPED PROPERTIES IN THE RIVER ROAD AND SANTA CLARA AREAS WITHOUT ALSO REQUIRING ANNEXATION. The City Council of the City of Eugene finds as follows: 1. The 1910 CH2M "Sewerage System Study, River Road-Santa Clara" publication demonstrates the f eas i bi 1 i ty of providing sanitary sewers to the River Road-Santa Clara area in a manner consistent with the "Eugene-Spring- field Metropolitan Waste Treatment Alternatives Report" X208 "Facilities" Plan} and the Eugene-Springfield Metropolitan Area General Plan. 2. Based on the "River Road/Santa Clara Groundwater Study, Final Technical Report, February, 1980" by Sweet, Edwards, and Associates, Inc., the Oregon Environmental Quality Commission found on April 18, 1980, that: a. The River Road/Santa Clara shallow aquifer is generally con- taminated with fecal coliform organisms in excess of drinking water and body contact standards . b. Existing nitrate-nitrogen concentrations within the area exceed the planning target on the average, c. About 13 percent of the nitrate-nitrogen pollutants hand by analogy a similar share of the fecal coliform contaminations} results from septic tank effluent. Septic tank pollutants can migrate rapidly to the groundwater from drainfields via macrapore travel. 3. The Environmental Quality Commission concluded that a public health hazard exists based on fecal coliform data for people using the aquifer for domestic drinking} or irrigation and that a health hazard similarly exists in several areas based on nitrate-nitrogen levels, 4. To remedy the groundwater pollution problem, the Environmental Protection Agency awarded Eugene a grant to build a sewer system to replace the individual septic systems i n use throughout River Road and Santa C1 ara according to a prescribed time frame, 5. Efforts toward incremental and voluntary annexation of River Road and Santa C1 ara properties to Eugene and connection to the sewer system according to the Environmental Protection Agency's time frame have not been successful. fi. These proposed ,amendments are necessary to alleviate the ground water pollution problem ~n the River Road and Santa Clara areas as soon as possible. 1. Adoption of these proposed amendments wi 11 al 1 ow extraterritorial extension of sewer service to devel aped properties i n the River Road and Santa C1 ara areas wi thaut the necessity of an annexation, annexati On consent, ar annexation contract before such annexation. Ordinance - 1 8. The Metropolitan Area General P1 an requires that Eugene develop methods of f ~ nand ng improvements ~ n the River Road and Santa Clara areas that are responsive to the unique situation of residents and property owners. The City has complied with this requirement as it relates to sewer costs by a . designing the 1 east cost sewer system, b. acquiring a $fi million Environmental Protection Agency grant to finance a portion of the system, c. establishing 1 ow income and 1 ow income elderly assessment deferral pro- grams, d. supporting the enactment of a State pollution control tax credit, e. sponsoring changes to federal law and State administrative rules to make the State Revolving Loan Funds available for collector sewers f . offering long-term 1 ow interest financing, and g. requesting that Lane County Raad Funds be used to pay for road repair components of sewer installation . .9. Adoption of these proposed amendments has been the subject of a publ ~ c hears ng before the Eugene Planning Commission and the Eugene City Counc~ 1. Nonce of the public hearings before the Planning Commission and City Council has been given as required by Eugene Code, 1971, Section 9.134. Adoption of these proposed amendments has been recommended by the Planning Commission. 10. These proposed amendments are consistent with applicable Statewide Planning Goals as shown in the findings attached as Exhibit A and incorporat- ed herein by reference. 11. The proposed amendments are consistent with the fundamental princi- ples and applicable policies of the Metropolitan Plan as shown in the find- ings attached as Exhibit B and incorporated herein by reference. 12. The proposed amendments are necessary to reflect a change in public pot ~ cy and because c~ rcumstances have changed i n a substanti al manner not anticipated at the time of initial adopt i vn of the Metropolitan P1 an . The shift i n public policy comes from the City of Eugene's abandonment of its policy to not extend sewers extraterritorially. The timeframes imposed by the EPA grant were not anticipated at the time of Plan adoption in 198. NDI~, THEREFORE, THE CITY OF EUGENE DOES ORDAIN A5 FOLLOWS: Section 1. The findings set forth above and the findings contained in Exhibits A and B attached hereto are adopted. In readopting the provi- s i vns of the Metropolitan Area General P1 an which are not amended herein, the Ci ty ~ Counci l relies ,upon the findings and evidentiary record used i n the original plan adopt ~ vn proceedings . Section ~. The subsection entitled River Road and Santa Clara in Chapter I I of the Metropolitan Area General Plan i s amended to revise Section D, Urban and Urban i zabl a land, to read and provide as f of 1 aws : RIVER ROAD AND SANTA CIARA Ordinance - 2 The River Road and Santa Clara portions of the Eugene-Springfield metro- politan area are important components of the metropolitan community. Both River Road and Santa C1 ara have --Unique and distinctive neighborhood identities --Experienced considerable private investment in the past years --Experienced considerable public investments, e.g,, transmission facilities by the Eugene Water and Electric Board and educational facilities by public school systems - -A sound housing stock In Santa Clara, relatively 1 arge parcels of vacant 1 and exist which, with adequate urban services, can be developed at increased densities; i n River Road, relatively large developed lots exist which could be further developed by their owners. The future of both the River Road and Santa Clara areas will p1 ay a critical role in the growth of the metropolitan area. Far some years, officials of lane County and Eugene have cooperatively discussed methods of delivering services to these neighborhoods. These discussions have continually focused on two sides of a single critical issue: How can the short-range costs and benefits to the residents and other service providers be balanced against, and what are the long-range costs and benefits to the residents and the entire metropolitan area of 1 ogi cal growth and increased densities? Inflation has drastically increased the need to balance these two potentially divergent objectives. The effects of continued inflation can be mitigated by identifying and implementing a solution to the servicing issue. For in- stance, since 97fi, the average construction cost for sewer 1 i nes has risen by approximately 90 percent. A unique set of circumstances has occurred which 1 ends direction to resal u- ti on of the service delivery questions for both River Road and Santa Clara. 1. As part of the acknowledgment process for the Eugene-Springfield Metro- pal itan Area General Plan, the land Conservation and Development Com- mission has directed that a servicing plan be developed for both River Road and Santa C1 ara and that Eugene provide those services . 2, Discussions between Eugene officials and state and county representa- ti ves of the River Road and Santa Clara area have 1 ed to recons i dera- tion of Eugene's policy to provide services to these neighborhoods only after annexation to the City of Eugene of both areas has occurred. 3. Preliminary review of Eugene's comprehensive capital improvement program suggested a full range of services could not be provided immediately even if the areas were annexed at one time. Ordinance - 3 Based on these three conditions, a situation evolved which led to a set of findings, objectives, and policies far inclusion in the Eugene-Springfield Metropolitan Plan and ultimately will lead to delivery of urban services to the River Road and Santa Clara areas in cooperation with the residents of these neighborhoods. That situation was as follows. The City of Eugene constructed and owns the main sanitary sewage system that serves the River Road and Santa Clara neighborhoods. Eugene has altered its policies pertaining to the service delivery to both River Road and Santa Clara to allow incremental annexation. annexation must, however, be consis- tent with state law and other applicable local pv1icies, e.g., the ability of the City to deliver services in a timely manner. Eugene will pursue annexa- tion only in accordance with applicable state laws and will not use these mechanisms to circumvent the process. In every case, Eugene will make every reasonable attempt to provide for annexation only on a voluntary basis and in accord with previous individual property annexation agreements. The City, in conjunction with Lane County and the citizens of bath River Road and Santa Clara, developed a River Road-Santa Clara Urban Facilities Plan which is responsive to the basic service infrastructure which i s either i n place or contemplated for these areas. An integral part of the implementation phase of the River Road-Santa Clara Urban Facilities Plan is a financing mechanism which takes into account the financial obi 1 i t i es of residents/property owners and the City of Eugene to pay far service delivery in that area. The fallowing findings, objectives, and policies reflect the situation that evolved: FINDINGS I. Land supply in the River Raad and Santa Clara areas is of metropol- itan-wide significance. 2. In order to achieve urban densities, urban services, including public sanitary sewers, must be provided. 3. For along period of time, officials of Lane County and Eugene have made great efforts to resolve the service delivery problems for bath River Road and Santa Clara. 4. The history and pattern of development in River Road-Santa Clara have resulted in the creation of two unique metropolitan neighbor- hoods. 5. The most cost-effective method of service delivery is through annexation. 6. An urban foci 1 i ti es plan i s the best method of providing a frame- work for capital improvements programming in the River Road and Santa Clara areas. 1. Because of the substantial public investments already made i n both neighborhoods, i t i s mast cost-efficient to achieve urban densi - ties in River Road and Santa Clara prior to accommodating new development needs in totally undeveloped areas. ordinance - 4 8. The 1910 CH2M "Sewerage System Study, River Road-Santa Clara" publication demonstrates the feasi bi 1 i ty of providing sanitary sewers to the River Road-Santa Clara area in a manner consistent with the "Eugene-Springfield Metropolitan Waste Treatment Al terna- tives Report" X208 "Facilities" Plan} and the Eugene-Springfield Metropolitan Area General P1 an . 9. The CHUM publication defined study boundaries and made population projections which are different than those captained in the Metro- politan Plan; modifications to these factors is occurring as part of the required system design work prior to construction. 10. The detailed design work which will occur as part of development of the system will allow discussion of various system concepts with the residents and property owners of the River Road and Santa Clara areas. 11. The River Road-Santa Clara Urban Facilities Plan has been complet- ed. 12. Based an the "River Road/Santa Clara Groundwater Study, Final Technical Report, February, 1980" by Sweet, Edwards, and Associ- ates, Inc., the Oregon Environmental Quality Commission found on April 18, 1980, that: a. The River Road/Santa Clara shallow aquifer is generally con- taminated with fecal coliform organisms in excess of drinking water and body contact standards. b. Existing nitrate-nitrogen concentrations within the area exceed the planning target on the average. c. About 13 percent of the nitrate-nitrogen pollutants hand by analogy a similar share of the fecal coliform contaminations} results from septic tank effluent. Septic tank pol 1 utants can migrate rapidly to the groundwater from drainfields via macropore travel. 13. The Environmental Quality Commission concluded that a public health hazard exists based on fecal coliform data for people using the aquifer for domestic drinking} or irrigation and that a health hazard similarly exists i n several areas based on nitrate-nitrogen levels. 14. To remedy the groundwater pollution problem, the Environmental Protection Agency awarded Eugene a grant to build a sewer system to replace the individual septic systems i n use throughout River Road and Santa C1 ara according to a prescri bed time frame. 15. Efforts toward incremental and voluntary annexation of River Road and Santa Clara properties to Eugene and connection to the sewer system according to the Environmental Protection Agency's time frame have not been successful. Ordinance - 5 OBJECTIVES 1. Ensure the availability of land in River Road and Santa Clara for urban levels of development. 2. Capitalize on existing public expectations by providing further public services which will allow the River Road and Santa Clara areas to achieve urban densities. 3. Deliver a full range of urban services to the River Road and Santa C1 ara areas through annexation . 4. Consider the unique situation of the residents of River Road and Santa C1 ara by pravi di ng financing mechanisms which wi 11 take into account the financial obi 1 i ty of the residents to pay far service delivery and the City of Eugene's ability to provide these servic- es. 5. Guide capital improvements in the River Road and Santa Clara areas through the River Road-Santa C1 ara Urban Faci 1 i ti es P1 an level aped cooperatively by Lane County, the City of Eugene, and the resi- dents and property owners of the two areas. 6, Eliminate ground water pollution from individual septic tank dis- posal systems in River Road and Santa Clara. POLICIES 1. Eugene shall develop methods of financing improvements i n the River Road and Santa Clara areas which are responsive to the unique situation of residents and property owners, as well as the City of Eugene, 2. Eugene wi 11 plan, design, construct, and maintain ownership of the entire sanitary sewer system which services the River Road and Santa C1 ara areas . This wi 11 i nvo1 ve extraterritorial extens i an which wi 1 i be supported by Lane County before the lane County Boundary Cammi ss i on and al 1 other applicable bodies . 3. Annexation of the River Road and Santa Clara areas will occur only through strict application of State laws and local policies, e,g., ab~l~ty to extend services in a timely manner, In each case, Eugene wi 11 make every reasonable attempt to provide for annexa- t i an only an a vol untary basis and according to prior individual property annexation agreements. 4. The City of Eugene shall provide urban services to the River Road and Santa Clara neighborhoods upon annexation. In the meantime, to reduce the ground water pollution problem, Eugene will extend sewers to developed prapert i es . 5. Using the CH2M report as a foundation, efforts to prepare mare detailed engineering studies which will provide the basis for a Ordinance - 6 capital improvement program to sewer the River Road-Santa Clara areas i n a manner consistent with the above pal i cy direction shat 1 proceed. 6. No particular section of the Metropolitan Plan shall be interpreted as prohibiting the process of incorporation of anew city in River Road-Santa Clara in accordance with Oregon Revised Statutes, Chapters 199 and 221. This means that: a. As a comprehensive planning document, no particular section of the Metrapo1 i tan P1 an shall be used i n isolation to evaluate different courses of action. b. The phrase "process of incorporation" refers to the specific steps of ~ncorporatian outlined in Oregon Revised Statutes, Chapters 199 and 221. c. This policy does not negate the requirement for public sani- tary sewers as a minimum level of key urban services. Any institutional solution to providing urban services in the River Road-Santa Clara area must provide public sanitary sewers to address Land Conservation and Development Commis- sion ~LCDC~ requirements and to protect public health and safety in resolving groundwater pollution problems. Public sanitary sewers are also required to achieve higher than septic tank level of urban res~dent~al densities and to ut i 1 i ze efficiently valuable metropolitan -scale bu i 1 dabl e 1 and . Section 3. The above Plan amendments control over any other inconsistent textual provision.of the Metropolitan Area General plan, including, but not 1 ~ m~ ted ta, Pol ~ c ~ es 24 and 21 of the Growth Management and Urban Service area element of the Metropolitan P1 an, page II-B-1. Passed by the City Caunci 1 thi s 16th day of May, 1990 City Recorde Approved by the Mayor this lfith day of May, 1994 ~ ~ f ~~ ,!` M yor Ordinance - 1 Exhibit "A" FINDINGS FOR APPLICABLE STATEWIDE PLANNING GOALS AMENDMENTS TO URBAN AND URBANIZABLE LAND, RIVER ROAD AND SANTA CLARA The fallowing findings of consistency with applicable Statewide Planning Goals are made in connection with rewording of the subsection entitled River Road and Santa Clara in Chapter II, Section D, of the Metropolitan Area General Plan. These amendments will allow extension of sewer service to individual , developed properties i n the River Raad and Santa Clara areas without first requiring that those properties annex to a ci ty. These amend- ments are necessary to al 1 evi ate the ground water pol 1 uti on problem i n those areas as now served by individual septic tank disposal systems. Goal 1. Citizen Involvement. 1. The planning cammi ss i ons of Eugene and Lane County held a jo i nt publ i c hearing to receive public testimony. Likewise, the City Counci 1 held a public hearing before adopting the amendments. Notice was provided as required by 1 ocal regulations i n a 1 ocal newspaper of general ci rcul a- tion as well as to affected public and private agencies and groups prior to the hearings. 2. The Lane County Board of Commissioners, Springfield Planning Commission, and Springfield City Council also conducted public hearings to receive public testimony before acting on these amendments. Goal 2. Land Use Planning. 1. The Metropolitan Area General Plan was adopted by Eugene, Springfield, and lane County and acknowledged by the land Conservation and Devel op- ment Commission i n 1982. Subsequent amendments have been adapted fol 1 owi ng procedures as prescribed i n 1 ocal ordinances, the P1 an i t- se1f, and according to State requirements. 2. To maintain a land use planning process and co-ordinated policy frame- work far 1 and use decisions and actions, these amendments were referred to Lane County and Springfield far concurrent action. Goal 6. Air, Water, and Land Resources Quality. 1. The Environmental Quality Commission conc1 uded that there the ground water i n the River Raad and Santa C1 ara areas i s polluted and that that is creating a public health hazard for people using the aquifer for domestic ~drinking~ water. 2. Eugene received a grant from the Environmental Protection Agency to instal 1 sewer foci 1 i ti es i n the River Road and Santa C1 ara Areas based on an agreed upon schedule for individual property connections to that system. 3. These amendments are necessary to remedy the ground water pollution problem in the River Road and Santa Clara areas attributable to reli- Exhibit A - 1 ante on individual septic tank disposal systems at the earliest possi- ble date. Goal 11, Public Facilities and Services, and Goal 14. Urbanization. 1. Efforts to annex the River Raad and Santa C1 ara areas to Eugene and connect properties in those areas to the sewer system according to the Environmental Protection Agency's time frame have not been successful. 2, The provision of sewers to developed properties in the River Road and Santa Clara areas without requiring annexation will allow for a timely, orderly, and efficient extension of sewer service. Sewer service extension is required so developed properties can realize their full urban development potential as planned for in the Metropolitan Area General Plan. 3. Provision of sewers to developed properties in the River Road and Santa Clara areas wi 11 result in a timely, orderly, and efficient arrangement of public services and foci 1 i ti es as needed to support existing level - opment. 4. The City of Eugene has the authority to assess the cost of constructing the sewers that wi 11 connect to developed properties i n River Road and Santa C1 ara. 5. limiting the provision of sewer service to developed properties in River Road and Santa Clara will prevent a significant increase in the general demand for urban services to that area. Exhibit A - 2 Exhibit B FINDINGS FOR METROPOLITAN PLAN CONSISTENCY AMENDMENTS TO URBAN AND URBANIZABLE LAND, RIVER ROAD AND SANTA CLARA The fallowing findings of consistency with the fundamental principles and applicable pvl~c~es of the Metropolitan Area General Plan Plan} are made in connection with amendments to the part of the P1 an entitled, "River Road and Santa Clara" in Section D of Chapter II of the Plan. 1. The purpose of the Plan amendments i s to al 1 ow sewer connections to developed 1 and i n the River Road/Santa C1 ara area without annexat i an of those tracts . Tying annexation and service connection has resulted i n too slow of a connection rate to remedy the groundwater pol 1 uti on problem and to conform to the timetable for connections imposed by the federal government. The P1 an amendments are necessary i n order to assure the timely provision of sewer services in the River Road/Santa Clara area. Thus, the Plan amendments are consistent with goals and policies of the Plan requiring provision of urban services in an order- ly, efficient and timely manner. See, Public Utilities, Services and Facilities Goal, p. II-A-2. 2. There are no fundamental principles which preclude extraterritorial sewer connections which are 1 i mi ted to developed properties . Since only developed properties are affected, the principle of compact urban growth i s not undercut fundamental Principle 3, p. I I -1 } . Provision of these services by the City of Eugene is consistent with Fundamental Principle 6. 3. The Plan amendments facilitate accomplishment of several of the Plan goals. Provision of sewer services to developed residential properties implements the Residents a1 land Use and Housing Goal to provide vi abl e residential communities. Plan, p. II-A-1. Stopping groundwater pollu- tion helps to provide a "healthy environment for the metropolitan population" under the Env~ronmenta1 Resources Goal. Plan, p. II-A-1. Amendment of the Plan to reflect changing conditions is consistent with the P1 an Review, Amendment and Refinement Goal set out at P1 an, p. II-A-2. 4. The connections al 1 owed by the Plan amendments are exceptions to the general rules set out in Growth Management Policies 20 and 21 at P1 an, p. II-B-1. These policies generally require annexation or an annexa- tion agreement or petition for an extraterritorial service extension. The Plan amendments create an exception to this general rule for sewer extensi ans to developed properties within a part i cul ar geographic area where there is groundwater contamination. The ordinance adopting these P1 an amendments makes ci ear that the general rule stated i n Policies 20 and 21 do not apply to the subject matter of the Pi an amendments. The Plan amendments are otherwise cons i stmt with Pot i c i es I and 15 of th i s part of the P1 an relating to provision of services inside the urban service area. The Plan amendments are a1 so consistent with Publ i c Utilities Element Pot icy 2 which regulates service extensions outside Exhibit B - 1 the urban growth boundary. There are no other Plan policies which affect the adoption of the Plan amendments. Exhi bit B - 2