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HomeMy WebLinkAboutOrdinance No. 19743CIRDINANCE NG.19743 AN ORDINANCE AMENDING THE EUGENE- SPRINGFIELD METROPOLITAN AREA GENERAL PLAN DIAGRAM FGR A 74 ACRE SITE EAST CIF BERTELSEN ROAD AND NORTH OF STEwART ROAD, EXCEPT THE ELEVEN ACRE PORTION OF THE SITE DESIGNATED NATURAL RESOURCE ON THE GENERAL PLAN DIAGRAM. The City Council of the City of Eugene f~nd.s as follows: 1. In June, 1959 the Eugene City Council Council) began strate ~' d~scuss~ons for replacement of wetland-impacted ~ndustr~al land. At the Council's direction, the Planning Commission identified seven sites for Council consideration. After further study, the listed sites were subsequently reduced to three. 2. On June 25, 1990 the Council held a public hearing to determine whether to initiate amendments to the Eugene-Springfield Metro olitan Area p General Plan ~Metra Plank with respect to one or more of those three sites. All affected property owners were ratified prior to the hearing, and na o osition or pp objections to the proposed amendments were made. At that time, this amendment was initiated. The new procedures and standards for adjudicatin Metro Plan g amendments under Eugene Ordinance 19725 apply to amendments initiated after October 29, 199. Thus, this amendment is controlled by the code ravisions in p effect on June 25, 199x. 3. The Stewart Road site involves an area of appraximatel 74 acres . y situated vv~thxn the Eugene city llm~ts east of Bertelsen Road and north of Stewart Road, It is nearly flat, and all but approximately eleven acres are desi noted far . g Special Light Industrial development on the Metro Plan dia ram, The eleven acres g are designated Natural Resource and cover the southern portion of the Bertelsen Slough-Stewart Pond system. The West Eugene wetlands S ecial Area Stud p y (wEwSAS~ determined that this wetland system has the fourth hi hest functions and . g values wildlife habitat rating out of 144 sites ~n the Metro area. Consistent with its plan designation, the Stewart Road site is zoned I-1 and I-1JSR S ecial Li ht p g Industrial, Site Review required. Ex~st~ng land uses Include one dwell~n , a ricultural gg uses and vacant land. Except for the Natural Resource designation of Bertelsen Slough, the Stewart Road site is mostly surrounded with pro erties desi Hated Li ht p g g Medium Industrial on the Metro Plan diagram and zoned I-2, Li ht-Medium • g Industrial. Those parcels are either lndustr~ally used or are undevela ed. Current p records ~nd~cate that there are only three tai Iots and two owners at the Stewart Road site, which makes coordinated development more likely than would be the case Ordinance - 1 wit numerous owners. 4. Adoption of this proposed amendment has been recommended b the • • .. .y. Eugene Planning Comm~ss~on, Lane County Planning Comm~ss~on and S rln field . P g Planning Comm~ss~on after public hearings held on November 7,1994, December 4, 1994, and December 12, 1994 respectively. Required notice of the public hearin s . g before the P1ann~ng Comm~ss~ons and City Council has been given. ~. The proposed amendment to the special light industrial designation is necessary because circumstances have changed in a substantial manner from those originally contemplated in the Metro Plan. As noted above, it is anticipated that several sites originally planned for industrial development will be lost because of wetland regulations. 6. The proposed plan amendments are consistent with applicable Statewide Planning Goals, the fundamental principles and applicable olicies of the P Metro Plan, and other City policies as shown in the findings attached as Attachment B and incorporated herein by reference. NG'~; THE' REFGRE, THE CITY GF EUGENE DGES GRDAIN AS FGLLGWS: Section 1. The findings set forth above and the findings contained in Attachment B attached hereto are adopted. Section 2. The Eugene-Springfield Metropolitan Area General Plan Dia ram . g ~s amended by changrng the Plan Diagram des~gnatlon fora 74 acre site east of Bertelsen Road and north of Stewart Road from Special Light Industrial to Li ht . g Medrum Industrial, except for the 11 acre portion of the site deli Hated Natural g Resource on the General Plan Diagram and zoned I-I/SR Special Li ht Industrial . g a Site Review Sub-District, as more particularly shown ~n Attachment A hereto, which is incorporated herein by reference. Section 3. This Metro Plan amendment shall become effective when identical amendments have been adopted by Lane County and the City of Springfield. Passed by the City Council this 14th day of January, 1991 Approved by the Mayor this 14th day of January, 1991 City Rec er ayor ordinance - 2 SUBJECT SITE ~ Stewart Road Site ~'~~" ZONE BOU+'VD1~RY 0' 600' Attaehrnent A Attachment B Findings in Support of Grdinance Amending the Metro Plan (Stewart Road Site) I. METRO PLAN AMENDMENTS MUST BE CaNSISTENT wITH APPLICABLE STATEwiDE PLANNING GALS. Goal 1, ,,,.Citizen ,Involvement. This Baal requires that programs be im lemented ... ~_,~.,,.. _~.,.,,,.~,-~.,.,~,., ~. p that will provide the opportunity for citizens to be involved in all hoses of the p planning process. This Plan amendment was referred to various public a encies and g groups, and notice of its contents was sent to all affected residents and proper owners as well as those abutting the affected properties. A notice was also laced P 1n the Register Guard. It described the Stewart Road proposal and affected properties. Prior to adoption, public hearings will have been held by the tannin ., p g comm~ss~ons of all three ~ur~sd~ctions and their respective elected off~c~als. Goal 2 -Land Use Plannin . This goal requires establishment of a land use planning process and policy framework as a basis far land use decisions. Satisfaction of this goal requires adoption of a comprehensive tan and its p acknowledgment by the Land Conservation and Development Commission. Those steps have been satisfied locally. This Metro Plan amendment is being racessed ... p as a government-1n~t~ated amendment as provided for in Chapter IV of the acknowledged Metropolitan Area General Plan and as implemented throe h the g acknowledged land use codes of the three'urisdictians, Goal 3 - A ricultural Lands. This goal requires the preservation and maintenance of agricultural lands. No part of the Stewart Road site is presentl tanned Yp designated, or zoned for agricultural use. Goal 4 -Forest Lands, This goal requires the preservation and maintenance of forest lands. No part of the Stewart Road site is presently tanned, desi Hated P g or zoned far forest use. Goal 5.0 en S aces Scenic and Historic Areas and Natural Resources, This oat • .. g requires the conservation and protection of inventoried and significant opens ace, p scenic and historic areas, and natural resources, particularly where no conflictin .. g uses have been justified through an analysis of economic, social, environmental and energy consequences ~ESEE analysis}. The only natural resource that has been officially designated at the Stewart Road location is an eleven acre onion of the P southerly part of the Bertelsen Slough-Stewart Pond system. It is desi Hated Natural g Resource on the Metro Plan diagram and zoned I-11SR, Special Li ht Industrial g Attachment B - 1 Site Review required. The WEWSAS is nearing completion. Policies and direction from that study should be adopted by June, 1991. They may recommend protection of additional wetlands tied to the Bertelsen Slough-Stewart Pond system, specific waterside protection regulations, and preservation of additional wetland acreage and a related buffer on the Stewart Road site. In the meantime, when the Stewart Road site is rezoned I-2, Light-Medium Industrial, an SR, Site Review, subdistrict should be attached to protect the Bertelsen Slough-Stewart Pond system on Tax Lot 32aU. Section 9.68$ of the Eugene Cade, 1971 lists criteria to be used when applying the SR subdistrict. To be approved, development plans would have to satisfy those criteria. Criterion 3 requires due consideration for the preservation of attractive and distinctive historical and natural features. Attaching SR and specifically referencing criterion 3 would allow the City to direct specific attention to preservation of natural features, including wetlands.. Wetlands also will be protected through application of federal law. There are no inventoried scenic or historic resources at the Stewart Road site. Goal G -.Air V~'ater and Land Resources uali .This goal requires that the State's air, water and land resources be maintained and improved through planning for and enforcement of appropriate discharge standards. Eugene's comprehensive plan and zoning requirements and related regulations regarding discharge of contaminants and pollutants are the same far the existing Special Light Industrial Plan designation as they would be for the proposed Light-Medium Industrial designation.. Therefore, this amendment will not reduce those re uirements ar com liance with Goal 6. q p Goal 7 -Areas Sub'ect to Natural Disasters and Flazards. This goal requires that in areas of natural hazards, such as landslides and floods, developments must incorporate appropriate safeguards. The potential wetland at the southwest corner of the Stewart Road site is in the 1U~ year flood plain, If the wetland is miti aced g to allow development, it will have to occur one foot above the floodplain level. That should not be a problem in this location, Goal $ -Recreational Needs. This goal requires planning for recreation areas, facilities, and opportunities in appropriate proportions and in such quanti and .. ~ locations as ~s consistent with the ava~lab~lzty of resources, Requiring SR, Site Review, approval for all development on the site should assure that the location's unique recreational opportunity as it relates to Bertelsen Slough-Steward Pond is not compromised. Goal. 9 -Economic Development. This goal requires that local laps rovide • .. p p adequate econam~c opportunities by, 1n part, including a sufficient sup l of sites • py far commercial and industrial uses. Current studies rnd~cate that of the approximately 1,SaD acres of undeveloped land designated for industrial use in west Eugene, at least 74~ acres are wetlands with inherent develo meet limitations p Attachment B - 2 including mitigation requirements. Redesignating the Stewart Road site from Special Light Industrial to Light-Medium Industrial will allow a greater variety of uses and lot sizes. That will increase its development potential at an earlier date, thereby compensating partially for land not developable because of wetland limitations. Goal 14 -,,,,,Houses. This goal requires the provision of an adequate amount of suitable housing inside the UGB. Redesignating the Stewart Raad site from Special Light Industrial to Light-Medium Industrial will have no effect on the metropolitan area's residential land supply. Neither designation allows residential development. bloc Fac Goal 11 Pu,,,,,,,,,,~~,~_ ,_„_~,lities a,nd Services. This goal requires that a timely, orderly, and efficient arrangement of public facilities and services be provided. All urban services needed for industrial development on this site are available, They include, for example, fire and police protection, utilities, sanitary sewers, and paved streets. Goal 12 - brans ortation. This goal requires the provision of a safe, convenient, and economic transportation system to move people and goads between geographic and jurisdictional areas. The Stewart Road site is about 64~ feet north of west 11th Avenue, a major east-west arterial that provides connections with Beltline Road, Tess than a half mile from the site. Beltline Road provides direct access to Interstate 5. In terms of trip generation, redesignating the Stewart Road site from Special Light Industrial to Light-Medium Industrial should have little, if any, greater impact on existing and planned transpartatian routes in the area. TransPlan, the adopted metropolitan transportation plan, includes the following planned improvements in this area: 1. Construction of the West Eugene Parkway with improvements at arterial intersections such as Highway 99 and Beltline as well as direct access to the 6th-7th corridor and Delta Highway. Currently, the estimated completion date far this project is 1992. 2. Widening of Bertelsen Road to five lanes and intersection improvements at West 11th and the future west Eugene Parkway. This pro j ect is in the long range category ~campletion probably between 1995 and 200}. 3. Improvement of Bailey Hill Raad to a five lane arterial east of the Stewart Road site. This project has been started and should be finished at the same time the west Eugene Parkway is completed. Lane Transit District provides bus service to within one block of this site aloe g Attachment B - 3 West 11th Avenue. ___ Conserva,.,,,,,,~_„ Goal 13 ~ Ener~y_,_,.._,,,,_ , tion. This goal requires that land uses maximize conservation of all farms of energy based an sound economic principles. Redesigning the Stewart Road site from one industrial category to another will have no bearing an this Baal. Goal 14 -Urbanization. This goal requires orderly and efficient transition from rural uses outside the UGB} to urban uses inside the UGB}. The Stewart Road site is already inside the UGB and planned for urban use. The proposed designation does not change that aspect of the site. Goal 15 - Willamette River Greenwa . This goal requires preservation and enhancement of lands along the Willamette River. The Stewart Road site is not in that location. Goals 16 throu h 19. All these goals address coastal lands and features or ocean resources. They are not applicable to the Stewart Road site. II. METRO PLAN AMENDMENTS MUST BE CGNSISTENT WITH THE PLAN'S SEVEN FUNDAMENTAL PRINCIPLES. Condensed, these principles state that: a, The Plan is a fang-range policy document, b. To work, the Plan requires cooperation among agencies and governments in the metro area, c. Urban development is to take place inside the urban growth boundary. d. honing and other implementation actions must be consistent with the Plan. e. The zoning process must be monitored and changed from time to time to meet current demands. f. Eugene and Springfield are the logical providers of urban services inside the UGB. g. The Plan is based on a projected population level of 293,700 in the metro area, not a particular future year. This amendment proposal consists of a change from one industrial category to another industrial category, Adoption will require cooperation and approval of the governing bodies of all three jurisdictions. Eugene will be the site's service provider. Development will take place within the UGB, Rezoning will be consistent with the Plan diagram designation change. Therefore, this proposal does not conflict with any applicable Metro Plan Fundamental Principles. Attachment B - 4 III. METRO PLAN AMENDMENTS MUST BE CONSISTENT wITH APPLICABLE METRO PLAN POLICIES. The following policies appear to be most relevant: a. Policy 7 on page III-B-~ in the Economic Element calls for encouraging industrial park development. Industrial parks are a permitted use in the zoning district counterparts to both the existing Special Light and proposed Light-Medium Industrial Plan diagram designations. b. Policy 19 originally 17} on page III-B-6 in the Economic Element calls for reserving areas for large-scale, campus-like, light manufacturing uses. Since its adoption in 198, the Plan has included seven such sites, all designated Special Light Industrial. The Stewart Road site is one of the seven. If the North of Chad site is redesignated from Law and Medium Density Residential to Special Light Industrial as part of this industrial land replacement package, it should compensate for the lass of Special Light Industrial land at the Stewart Road site. In fact, the North of Chad site is less likely to be limited by high value natural resources than is the Stewart Road site. c. Policy 19 an page III-C-9 in the Environmental Resources Element requires protection and management of wetland areas by the next Plan update. The wEWSAS is addressing this matter. Direction and policies from that study should be adapted by June, 1991. In the meantime, by expanding SR, Site Review, subdistrict zoning to encompass the entire Stewart Road Site, that portion of the Bertelsen Slough-Stewart Pond wetland system on the eastern part of the site should be adequately protected. Items site review should address include: 1. Potential impacts on wildlife from excessive noise, activity of people and machinery, and unshielded night illumination. 2. Potential impacts on water quality from outdoor storage and parking, as well as from surface runoff of oil, machinery grease, and other substances, particularly toxic materials. 3. Potential impacts on hydrology; development should not result in inadvertent changes to the seasonal fluctuation of water. 4. Assurances that the natural resource system will not be altered in a Attachment B - 5 detrimental manner. 5. Required buffering on all sides of the natural resource system. I'~ METR4 PLAN AMENDMENTS MUST ADDRESS QNE QR MQRE QF THE F4LLQWLNG CIRCUMSTANCES. a. An error in the publication of the Plan; ar b. Unanticipated and substantial change in circumstances; or e. Post-acknowledgment incorporation into the Plan of newly inventoried material which relates to a Statewide Goal; or d. A change in public policy. There has been an unanticipated and substantial change in circumstances (item b~. Since the Plan was adopted and lands were designated for industrial development in west Eugene, the federal government and the State of C}regon have implemented rules and requirements to preserve wetlands. Subsequent local research and field work determined that in west Eugene there are some 1,4U~ undeveloped acres that meet the wetlands definition. Gf those 1,4~U acres, about half, some 70~ acres, are designated far industrial uses. That it almost 4D percent of the total 1,500 acres of undeveloped west Eugene Iand designated for industrial development. Redesignating the Stewart Road site from the relatively restrictive and as yet not widely used Special-Light Industrial category to Light- Medium Industrial will allow Eugene to change the zoning to one that will allow a wider choice of uses and lot sizes. That should partially compensate for the reduced industrial development potential due to wetland constraints. Attachment B - b