HomeMy WebLinkAboutOrdinance No. 20438COUNCIL ORDINANCE NUMBER 20438
AN ORDINANCE AMENDING THE EUGENE -
SPRINGFIELD METROPOLITAN AREA GENERAL
PLAN TEXT, CHAPTER III, SECTION D, POLICY
#11; ADOPTING AN EXCEPTION TO STATEWIDE
PLANNING GOAL 15 WILLAMETTE RIVER
GREENWAY; ADOPTING A SEVERABILITY
CLAUSE; AND PROVIDING AN EFFECTIVE DATE
(EUGENE CITY FILE MA 08-4).
SIGNED: October 13, 2009
ABSENT:
EFFECTIVE: November 13, 2009
ORDINANCE NO. 20438
AN ORDINANCE AMENDING THE EUGENE - SPRINGFIELD
METROPOLITAN AREA GENERAL PLAN TEXT, CHAPTER III,
SECTION D, POLICY # 11; ADOPTING AN EXCEPTION TO
STATEWIDE PLANNING GOAL 15 WILLAMETTE RIVER
GREENWAY; ADOPTING A SEVERABILITY CLAUSE; AND
PROVIDING AN EFFECTIVE DATE.
THE CITY OF EUGENE DOES ORDAIN AS FOLLOWS:
A. Policy #11 of Chapter III, Section D of the Eugene - Springfield Metropolitan Area
General Plan (Metro Plan) requires the taking of an exception to Statewide Goal 15 if a non-
water- dependent transportation facility requires placing fill within the Willamette Greenway.
B. On June 26, 2009, Springfield initiated a Metro Plan amendment containing
language establishing an exception to Statewide Planning Goal 15 (Willamette Greenway) for
the purpose of constructing a bicycle viaduct underneath the 1 -5 bridges on the South Bank of the
Willamette River.
C. Chapter IV of the Eugene - Springfield Metropolitan Area General Plan (Metro
Plan) sets forth procedures for amendment of the Metro Plan, which for Eugene are implemented
by EC 9.7700 through 9.7750.
D. Following a September 1, 2009 joint public hearing with the Springfield and Lane
County Planning Commissions, the Eugene Planning Commission, on September 1, 2009
recommended Metro Plan amendments taking an exception to Statewide Planning Goal 15
Willamette River Greenway, to the Eugene City Council.
E. The City Council conducted a joint public hearing on this amendment on
September 22, 2009, with the Springfield City Council and the Lane County Board of
Commissioners, and is now ready to take action based on the above recommendations and
evidence and testimony already in the record as well as the evidence and testimony presented at
the joint elected officials public hearing.
F. Substantial evidence exists within the record demonstrating that the proposal
meets the requirements of the Metro Plan, Eugene Code and applicable state and local law as
described in the findings attached as Exhibit A, and which are adopted in support of this
Ordinance.
Ordinance - Page 1 of 2
NOW, THEREFORE,
THE CITY OF EUGENE DOES ORDAIN AS FOLLOWS:
Section 1 . The Metro Plan Policy #11, Chapter III, Section D. is hereby amended by the
addition of the following paragraph:
"An exception to Statewide Planning Goal 15 Willamette River Greenway was approved by the
cities of Eugene and Springfield and by Lane County authorizing construction of a bike path
viaduct beneath the 1 -5 bridges, along the south bank of the Willamette River. The exception
authorizes construction of the bike path viaduct including the fill and removal of fill necessary to
build the structure. This exception satisfies the criteria of Oregon Administrative Rules (OAR)
660 - 004 -0022 (6) Willamette Greenway and the exception requirements of OAR 660- 004 -0020
Goal 2, Part H (c) for a `reasons' exception. Pursuant to OAR 660 -004 -0015, this exception is
hereby adopted as an amendment to the Metro Plan text, Policy D. 11, Chapter 111, Section D. "
Section 2 . The Metro Plan is hereby amended to include the findings of fact and
conclusions supporting a "reasons" exception to Statewide Planning Goal 15 and demonstrating
compliance with OAR 660 -004 -0015, 660- 004 -0020 and 660 - 004 -0022 (5) attached hereto as
Exhibit A, and incorporated herein by this reference.
Section 3 . If any section, subsection, sentence, clause, phrase or portion of this
Ordinance is for any reason held invalid or unconstitutional by a court of competent jurisdiction,
such portion shall be deemed separate, distinct and independent provision and such holding shall
not affect the validity of the remaining portions thereof.
Section 4 . Notwithstanding the effective date of ordinances as provided in the Eugene
Charter of 2002, this Ordinance shall become effective 30 days from the date of passage by the
City Council and approval by the Mayor, or upon the date of acknowledgement as provided in
ORS 197;625, whichever date is later, provided that by that date the Springfield City Council and
the Lane County Board of Commissioners have adopted ordinances containing identical
provisions to those described in Sections I and 2 of this Ordinance.
Passed by the City Council this Approved by the Mayor this
12` day of October, 2009
(L J th J.
A ling City Recorder
3 day of October, 2009
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15ayor
Ordinance - Page 2 of 2
South Bank Viaduct Metro Plan Amendment and Goal 15 Exception
Exhibit A to Adopting Ordinance
and Staff Report
September 22, 2009
Applicants:
City of Springfield (initiated the amendment)
City of Eugene
Lane County
Local File No.s:
Springfield File No. LRP2009 -00005
Eugene File No. MA 09 -4
Lane County File No. PA09 -5472
Request:
ProcedureType:. -
To amend the Eugene - Springfield Metropolitan Area
Type I Metro Plan Amendment
General Plan (Metro Plan) text to include an
exception to Statewide Planning Goal 15 to allow
construction of a bicycle viaduct underneath the
Willamette River 1 -5 Bridge.
Attachments:
Attachment 1: Metro Plan text amendment language.
Attachment 2: Diagram showing the approximate. location of the proposed South Bank Viaduct
I. Executive Summary
Eugene - Springfield has one of the largest networks of riverfront bicycle and pedestrian facilities in the
state. The current connection between Eugene and Springfield is limited to the north side of the
Willamette River. The extensive south bank Willamette River path system in Eugene ends at Interstate 5
because of the physical barriers created by both the existing 1 -5 bridges and the proximity of Franklin
Boulevard (OR 1268) to the Willamette River. Users traveling between the two cities along the south
side of the Willamette River must cross to the north side of the river near the 1 -5 bridge or divert to the
shoulders of Franklin Boulevard (OR 126B), a high speed arterial street.
Many planning documents, including the Central Lane MPO Regional Transportation Plan, TransPlan, the
Glenwood Refinement Plan and Willamalane Park and Recreation District Comprehensive Plan, call for
the continuation of the Willamette River South Bank Path through Glenwood to Springfield.
Construction of the South Bank Viaduct is essential to the continuation and development of the South
Bank Path. The combined viaduct and path facilities (the combined facilities referred to hereafter as the
viaduct) will provide a safer, more pleasant experience for recreational and commuter bicyclists and
pedestrians traveling between Eugene and Springfield through Glenwood.
The proposed viaduct will be about 16 feet wide and 1,100 feet in length. It will connect to the South
Bank Path at the point where it currently diverts away from the river in Eugene, just west of the 1 -5
bridges. The viaduct will elevate the bike /pedestrian path and move it out away from the steep bank
near the 1 -5 bridges, and return to the riverbank at a point where the path can continue to Glenwood.
The proposed structure will hug the shoreline, minimizing its impact on the river. Some supporting
columns will be placed in the river to support the viaduct as it bypasses the slope barrier.
Attachment 2 -1
The South Bank Viaduct has wide support from local jurisdictions and agencies. The following
jurisdictions, agencies and communities have expressed support the South Bank Viaduct:
• City of Eugene
• City of Springfield
• Metropolitan Policy Committee (MPO)
+ Willamalane Parks and Recreation
District
• Springfield Economic and Development
Agency
• Eugene Bicycle and Pedestrian Advisory
Committee
• Lane County Board of Commissioners
An ODOT Transportation Enhancement Grant of almost $1 million, together with $250,000 in OTIA funds
and about $140,000 in donated materials will be used to fund the South Bank Viaduct project. The
timing of the project will allow reuse of multiple concrete box beams from the Willamette River detour
bridge on the viaduct project. As the 1 -5 replacement bridges are completed, and the detour bridge is
removed, the South Bank Viaduct will be constructed.
Approval of the proposed Metro Plan amendment allows for the consideration of fill within the
Willamette River Greenway for the purpose of constructing the South Bank Viaduct. Approval of the
amendment does not negate the authority of agencies to oversee the design and construction of the
viaduct to avoid, minimize or mitigate impacts that the construction and use of the facility might have
on the River. The South Bank Viaduct will undergo NEPA review to assess potential environmental
impacts and to secure the needed approvals for construction of the structure.
Goal 15 Exception
Policy D.11 of the Eugene - Springfield Metropolitan Area General Plan (Metro Plan) states in part: "The
taking of on exception is required if a non - water- dependent transportation facility requires placing of fill
within the Willamette River Greenway setback." Eugene, Springfield and Lane County are jointly
requesting this Metro Plan text amendment with the Goal 15 exception.
The proposed text amendment adds the following language to policy #D.11 of Chapter III -D Willamette
River Greenway, River Corridors and Waterways Element:
An exception to Statewide Planning Goal 15 Willamette River Greenway was approved by the cities of
Eugene and Springfield and by Lane County authorizing construction of a bike path viaduct beneath the
1 -5 bridges, along the south bank of the Willamette River in Eugene and Glenwood. The exception
authorizes construction of the bike path viaduct including the fill and removal of fill necessary to build
Attachment 2 -2
the structure. This exception satisfies the criteria of Oregon Administrative Rules (OAR) 660 -004 -0022 (6)
Willamette Greenway and the exception requirements of OAR 660 - 004 -0020 Goal 2, Part It (c) for a
'reasons' exception. Pursuant to OAR 660- 004 -0015, this exception is hereby adopted as an amendment
to the Metro Plan text Policy D. 11, Chapter Ill, Section D."
Conclusion and Recommendation of Staff
The proposed Metro Plan amendments and exception to Statewide Planning Goal 15 is required by
Policy D.11 of Chapter III -D (Willamette River Greenway, River Corridors and Water Ways Element). The
Staff Report accompanying this memorandum includes findings demonstrating conformance with the
criteria for Metro Plan amendments found in Chapter 5, Section 5.14- 135(C) of the Springfield
Development Code. The same criteria for approving a Metro Plan amendment are found in Eugene
Code 9.7730(3) and Section 12.225(2) (a &b) of the Lane Code. The proposed amendments are also
consistent with the approval criteria for a Goal 15 exception found in Oregon Administrative Rules (OAR)
660 - 004 -0022 (6) Willamette Greenway and the exception requirements of OAR 660- 004 -0020 Goal 2,
Part 11 (c) for a 'reasons' exception, and pursuant to OAR 660- 004 -0015.
Based on the findings of staff with respect to the criteria defined in Section 5.14- 135(C) of the
Springfield Development Code and Eugene Code 9.7730(3) and Section 12.225(2) (a &b) of the Lane
Code for approving a Metro Plan amendment and applicable sections of OAR 660 - 004 -0022 for
approving an exception to Statewide Planning Goal 15; staff find the proposed text amendment to the
Metro Plan and exception to Statewide Planning Goal 15 allowing the placement of fill for the purpose
of constructing the South Bank Viaduct beneath the Willamette River 1 -5 Bridges, to be consistent with
these criteria and recommend approval of the amendment.
II. Procedural Requirements
Procedural requirements for Metro Plan amendments are described in Chapter IV. The amendment
procedures are reflected in each jurisdiction's local land use codes. Sections 5.2 -115, 5.4 -135 and 5.4-
140 of the Springfield Development Code, and sections 9.7700 through 9.7750 of the Eugene Code,
contain the amendment procedures and policies found in Chapter IV of the Metro Plan. This proposal
includes the taking of an exception to Statewide Planning Goal 15 (Willamette Greenway) since the
proposed bicycle viaduct may require some fill to be placed or removed during its construction. OAR
660 - 004 -0022 provides additional direction in the processing of a Willamette Greenway Goal exception.
The following findings are made regarding procedural matters related to this proposal.
Findings:
Finding #1. Section 5.14 -115 of the Springfield Development Code (SDC) and Eugene Code (EC)
9.7700, includes definitions of two types of amendments to the Metro Plan. Section 5.14 -115
(B.) and EC 9.7700(1) describes a Type I amendment as one which includes changes to the urban
growth boundary or the jurisdictional boundary of the plan, requires a goal exception not
related to a UGB expansion, or is a non -site specific amendment of the Plan text. This proposal
is a text amendment to the Metro Plan which includes an exception to Statewide Planning Goal
15 (Willamette Greenway). By the definition found in Section 5.14 -115 and EC 9.7700(1), this
proposal is a Type I amendment.
Attachment 1 -3
Finding #2. This Metro Plan amendment was initiated jointly by the City of Eugene, the City of
Springfield and Lane County. A Notice of Proposed Amendment was filed with the Oregon
Department of Land Conservation and Development on June 30, 2009. A letter signed by the
Planning Managers for each of the jurisdictions was included with the Notice.
Finding #3. The Springfield City Council approved a motion on July 6, 2009, affirming the action
of the Springfield Planning Manager to initiating the amendment.
Finding #4. SDC 5.14 -135 and EC 9.7730(1)(b) states that to become effective, " a site specific
Metro Plan Type I amendment that involves a UGB or Plan Boundary change ... or that involves a
Goal exception not related to a UGB expansion, shall be approved by all three governing
bodies.
Finding #5. A public hearing was scheduled before the Joint Planning Commissions of Eugene,
Springfield and Lane County on September 1, 2009.
Finding #6. At the September 1, 2009 Joint Planning Commission hearing, each Commission
voted to send their governing body a recommendation that the proposed text amendment be
approved.
Finding V. A public hearing was scheduled before the Joint Elected Officials of Eugene,
Springfield and Lane County on September 22, 2009.
Finding #8. Mailed notice of public hearings associated with a Metro Plan amendment must be
sent to property owners and residents within 300 feet of the subject sites (SDC Section 5.2 -115
(A), and 5.14 -140, EC 9.7735(3)).
Finding #9. Mailed notice of public hearings was sent out on August 7, 2009 to property owners
and residents within 300 feet of the proposed bicycle viaduct. The mailing allowed more than
20 days notice before the first public hearing as required by Section 5.2 -115 A of the SDC and EC
9.7745 which directs compliance with the procedures at EC 9.7735(3).
Finding #10. Section 5.2 -115 (B) of the SDC and EC 9.7735(3) requires that proposed land use
actions be advertised in a newspaper of general circulation, providing information about the
legislative action and the time, place and location of the hearing.
Finding #11. Notice of the public hearings concerning this matter was published on August 10,
2009 in the Register Guard, advertising both the hearing before the Joint Planning Commissions
on September 1, 2009, and the Joint Elected Officials on September 22, 2009. The content of
the notice followed the direction given in Section 5.2 -115 B of the SDC and EC 9.7735(3).
Finding #12. While no formal notice process is required, the Notice of Proposed
Amendment packet that was sent to DLCD was also sent electronically to Jan Houck,
Water Recreation Coordinator with the Oregon Parks and Recreation Department on
July 27, 2009.
Attachment 1 -4
Finding #13. Notice of this project was also sent to Savannah Crawford, Planner for Region 2
(Springfield) of the Oregon Department of Transportation on July 27, 2009. The notice was
comprised of the materials filed with DLCD Notice of Proposed Amendment mentioned in
Finding #2.
Conclusion:
Procedural requirements described in Sections 5.2 -115, 5.4 -135 and 5.4 -140 of the SDC and EC 9.7745
and EC 9.7735(3) have been followed. Notice requirements established by DLCD for amending the
Development Code have also been followed.
III. Decision Criteria and Findings
Section 5.14 -135 C of the SDC and EC 9.7730(3) describes the criteria to be used in approving an
amendment to the Metro Plan. It states that in reaching a decision, the Planning Commissions and the
City Councils and County Commissioners must adopt findings which demonstrate that the proposal
meets certain approval criteria. These criteria and findings are shown below.
Criterion #1 "The amendment must be consistent with the relevant statewide planning goals
adopted by the Land Conservation and Development Commission."
Findings
Goal 1— Citizen Involvement. Goal 1 calls for "the opportunity for citizens to be involved in all phases
of the planning process."
Finding #14. A public hearing was scheduled before the Joint Planning Commissions of Eugene,
Springfield and Lane County on September 1, 2009.
Finding #15. A public hearing was scheduled before the Joint Elected Officials of Eugene,
Springfield and Lane County on September 22, 2009.
Finding #16. Mailed notice of public hearings was sent out on August 7, 2009 to property owners
and residents within 300 feet of the proposed bicycle viaduct. The mailing allowed more
than20 days notice before the first public hearing as required by Section 5.2 -115 A of the SDC
and EC 9.7735(3).
Finding #17. Notice of the public hearings concerning this matter was published on August 10,
2009 in the Register Guard, advertising both the hearing before the Joint Planning Commissions
on September 1, 2009, and the Joint Elected Officials on September 22, 2009. The content of
the notice followed the direction given in Section 5.2 -115 B of the SDC and EC 9.7735(3).
Gca12 — Land Use Planning. Goal 2 outlines the basic procedures of Oregon's statewide planning
program. It says that land use decisions are to be made in accordance with a comprehensive plan, and
that suitable "implementation ordinances" to put the plan's policies into effect must be adopted.
Finding #18. Part I of Goal 2 requires that actions related to land use be consistent with
acknowledged comprehensive plans of cities and counties. The Eugene- Springfield Metropolitan
Attachment 1 -5
Area General Plan (Metro Plan) is the acknowledged comprehensive plan that guides land use
planning in Springfield, Eugene and Lane County.
Finding #19. Part II of Goal 2 provides the conditions and standards for which a local jurisdiction
can adopt an exception to a statewide goal. Relevant to this request is Statewide Planning Goal
15, Willamette River Greenway which does not allow non water - dependent, non water- related
uses, such as the proposed transportation facility, within the greenway setback without
receiving an exception. The need for a goal exception is specifically triggered by Policy D.11 of
the Metro Plan, Willamette River Greenway, River Corridors, and Waterways Element. The
exception to Goal 15 is discussed under section IV which is incorporated herein by reference.
Chapter 111 -D of the Metro Plan specifically addresses issues related to the Willamette
Greenway. The following policies found in Chapter 111 -D are cited below (emphasis added).
Policy D.2 Land Use regulation and acquisition programs along river corridors and waterways
shall take into account all the concerns and needs of the community, including recreation,
resource, and wildlife protection; enhancement of river corridor and waterway environments;
potential for supporting non - automobile transportation opportunities for residential
development; and other compatible uses.
Policy D.3 Eugene, Springfield and Lane County shall continue to cooperate in expanding
water - related parks and other facilities where appropriate that allow access to and
enioyment of the river and waterway corridors
Policy D.11 states in part that: The taking of an exception shall be required if a non -water
dependent transportation facility requires placing of fill within the Willamette River Greenway
setback.
Finding #20. TransPlan (2002) is Eugene - Springfield's local Transportation System Plan and is a
functional plan of the Metro Plan. TransPlan provides policies addressing transportation
facilities and policies for the Eugene - Springfield Metropolitan Area.
Finding #21. TransPlan contains project lists and maps showing needed transportation facilities in
the Metropolitan area. The Future Bikeway Project Map shows an off - street bike facility running
along the south bank of the Willamette River underneath the 1 -5 Bridge. This bikeway is
identified as project #851 South Bank Trail (A) with an estimated cost of $1,800,000
(Jurisdiction: Springfield). The viaduct would then connect with the existing bike path on the
Eugene side of 1 -5, shown as an existing off - street bike facility on the TransPlan Financially -
Constrained Bikeway System Projects map. The proposed viaduct and path facilities would
implement a portion of project #851.
Finding #22. Central Lane MPO Regional Transportation Plan lists the Glenwood Riverfront Park
Path (Project 851) as a financially constrained project. It is classified as a multiuse path without
road project.
Finding #23. The Glenwood Refinement Plan (1999) is a refinement plan of the Metro Plan. It
contains a map of proposed bicycle routes (pg. 53) that shows the South Bank Trail as an off -
street path following the Willamette River, connecting the Eugene path system to the
Springfield Bridges. Glenwood Refinement Plan Policy # 4.5 calls for the acquisition of
Attachment 1 -6
easements for a pedestrian and bicycle access to and along the Willamette River through the
Glenwood area.
F Willamalane Park and
i
ill , ,, , i� —s--�� Recreation
Comprehensive Plan
Map # 3 -- Existing,
Planned and Proposed
:v Multi -Use Paths and
Bikeways
w 1 3
�. Ir Excerpt from Map #3
o_-
` y Multiuse Path #15 on
�s C the map is the proposed
x South Bank Trail.
KEY
°- Existing and Planned' On- Street Bicycle System 2
Existing and Planned Off - Street Multiuse Path
ProposedSOn Street Bicycle System
�• Proppsed Off - Street Multiuse. Path
Planned projects are from TransPlan.(July 2002) and Springfield Bicycle Plan (June 1998).
They may also be included in this plan.
3 The on- street bicycle system includes striped bike lanes and signed bike routes. r
3 off-street multiuse - p aths may be included in or independent of linear parks
Finding #24. The Willamalane Park and Recreation Comprehensive Plan is a refinement plan of
the Metro Plan. Map #3 (page 28) of the Comprehensive Plan shows existing, planned and
proposed multiuse paths and bike ways. Map #3 shows the South Bank Trail running along the
Willamette River through Glenwood as an off - street multiuse path.
Goal 3 —Agricultural Land. Goal 3 defines "agricultural lands." It then requires counties to inventory
such lands and to "preserve and maintain" them through farm zoning.
Finding #25. This goal does not apply within adopted, acknowledged urban growth boundaries.
The City of Springfield does not have any agricultural zoning districts. These amendments do
not apply outside the urban growth boundary and, because of limitations on commercial and
industrial development without full urban services, generally do not apply outside the city limits.
All land in the City's urban transition area carries City zoning. An exception to this goal was
taken in 1982 when the regional comprehensive plan was acknowledged. The City of Eugene
does have agricultural zoning districts, however as stated, Goal 3 excludes lands inside an
acknowledged urban growth boundary from the definition of agricultural lands and the project
is within the urban growth boundary.
Attachment 1 -7
Goal 4 — Forest Land. This goal defines forest lands and requires counties to inventory them and
adopt policies and ordinances that will "conserve forest lands for forest uses."
Finding #26. This goal does not apply within adopted, acknowledged urban growth boundaries.
The City of Springfield does not have any forest zoning districts. These amendments do not
apply outside the urban growth boundary and, because of limitations on commercial and
industrial development without full urban services, generally do not apply outside the city limits.
All land in the City's urban transition area carries City zoning. An exception to this goal was
taken in 1982 when the comprehensive plan was acknowledged. The City of Eugene also does
not have forest zoning. Goal 4 does not apply within urban growth boundaries and, therefore,
does not apply to the subject property which is within the Eugene - Springfield urban growth
boundary (OAR 660 - 006 - 0020).
Goals — open Spaces, Scenic and Historic Areas, and Natural Resources. Goal 5 covers more than a
dozen natural and cultural resources such as wildlife habitats and wetlands. It establishes a process
for each resource to be inventoried and evaluated.
Finding #27. The following administrative rule (OAR 660- 023 -0250) is applicable to this post -
acknowledgement plan amendment (PAPA) request:
(3) Local governments are not required to apply Goal 5 in consideration of a PAPA unless the
PAPA affects a Goal 5 resource. For purposes of this section, a PAPA would affect a Goal 5
resource only if:
(a) The PAPA creates or amends a resource list or a portion of an acknowledged plan or land
use regulation adopted in order to protect a significant Goal 5 resource or to address specific
requirements of Goal 5;
(b) The PAPA allows new uses that could be conflicting uses with a particular significant Goal
5 resource site on an acknowledged resource list; or
(c) The PAPA amends an acknowledged UGB and factual information is submitted
demonstrating that a resource site, or the impact areas of such a site, is included in the
amended UGB area.
Subsections (a) and (c) above are not applicable to this request as the proposed amendments do
not create or amend a list of Goal 5 resources, do not amend a plan or code provision adopted
in order to protect a significant Goal 5 resource or to address specific requirements of Goal 5,
and do not amend the acknowledged Urban Growth Boundary.
Finding #28. Regarding subsection (b), the Springfield Inventory of Natural Resource Sites (Goal 5
Inventory) was adopted on May 3, 2004. In adopting the Goal 5 Inventory, the City Council
chose to apply the "standard process" provisions of ORS 660 -23 -110 to the protection of
riparian corridors.
Finding #29. The Willamette River is an inventoried riparian resource site on the Springfield
Inventory of Natural Resource sites. This is Springfield's adopted Goal 5 Inventory. It is
identified as site "WA /WB" on the Inventory.
Finding #30. Site WA /WB is assigned the following protection under Springfield's Goal 5 program
for protecting riparian sites:
Attachment 1 -8
"Goal 5 Recommendation: Limit conflicting uses and employ low impact development practices
when developing within 150 feet of the resource site. The Willamette River (WA /WB) is a water
quality limited watercourse and is protected by a 75 -foot development setback and site plan
review standards described in 31.240 of the Springfield Development Code. No additional
setbacks are necessary. The documented presence of a state and federally listed specie
requires coordination with the Oregon Department of Fish and Wildlife and appropriate federal
agencies to determine what (if any) additional measures may be needed."
Finding #31. Section 4.3 -117 (E) of the Springfield Development Code describes permitted uses
within the setback area for locally significant riparian resource sites. Section 4.3 -117 (E) (n.) lists
"Public multi -use paths, access ways, trails, boardwalks, picnic areas, interpretive and
educational displays and overlooks, including benches and outdoor furniture;" among the
allowed uses. The proposed South Bank Viaduct is a permitted use within the protective
setback along that portion of the Willamette River within Springfield's planning jurisdiction.
Finding #32. In Eugene, the subject project area also includes Eugene- adopted Goal 5 riparian
resource sites; the Willamette River, and a tributary to the Willamette River located next to the
bicycle /pedestrian path and under Franklin Boulevard. The /WR Water Resources Conservation
Overlay Zone are standards in Eugene that address Goal 5. The Willamette River has a 100 -foot
setback according to these provisions. Construction of public improvements, such as the
viaduct, which include work within the setback and riparian resource site areas must comply
with the /WR Water Resources Conservation Overlay Zone beginning at EC 9.4900. The tributary
to the Willamette River does not have a setback and is identified as not protected.
Finding #33. Approval of the Metro Plan amendment allows for the consideration of fill within the
Willamette River Greenway for the purpose of constructing the South Bank Viaduct. Approval of
the amendment does not negate the authority of local, state and federal agencies to oversee
the design and construction of the viaduct to avoid, minimize or mitigate the environmental
impacts that construction and use of the facility might have on the River consistent with OAR
660 - 023- 0250(3)(b).
Finding #34. Other state and federal permits or actions may be required to protect water quality,
fish and wild life protection as part of the federal National Environmental Protection Act (NEPA)
review. These permits and actions have yet to be determined at this writing. A consultant has
been retained and is preparing the analysis required for NEPA review and processing.
Goal —Air, Water and Land Resources Quality. This goal requires local comprehensive plans and
implementing measures to be consistent with state and federal regulations on matters such as
groundwater pollution.
Finding #35. The City of Springfield has revised its Development Code to respond to National
Pollutant Discharge Elimination System (NPDES) Phase II, the Clean Water Act, and the Drinking
Water Protection Act and is in the process of devising a response to the Endangered Species Act
for listed species in our area. The South Bank Viaduct will be subject to staff review and to the
development standards set forth in Sections 4.3 -115 (Water Quality Protection and 4.3 -117
(Natural Resource Protection Areas). These standards implement the protections required by
the NPDES Phase II, the Clean Water Act and the Drinking Water Protection Act, and the City of
Springfield's Goal 5 program for natural resource protection. Similarly, the portion within
Attachment 1 -9
Eugene will be subject to staff review and the development standards beginning at EC 9.4900
( /WR Water Resources Conservation Overlay Zone) including review for erosion, vegetation
impacts, replanting, and stormwater. With regard to air quality and noise, the viaduct should
have a positive effect on air quality and noise by increasing the options for alternative modes of
transportation.
Finding #36. The proposed text amendment and Goal exception will not alter the environmental
protection standards policies cited in Finding #34 or amend the metropolitan area's air, water
quality or land resource policies. The design and construction of the proposed bicycle viaduct
will be reviewed and monitored by local, state, and federal agencies with authority to evaluate
and regulate the environmental impacts of the project on the Willamette River.
Finding #37. Approval of the Metro Plan amendment allows for the consideration of fill within the
Willamette River Greenway for the purpose of constructing the South Bank Viaduct. Approval of
the amendment does not negate the authority of agencies to oversee the design and
construction of the viaduct to avoid, minimize or mitigate impacts that the construction and use
of the facility might have on water quality in the River.
Finding #38. The viaduct project will require a Joint Application Form seeking permission from the
U.S. Army Corps of Engineers and the Oregon Department of State Lands to conduct
construction activities that may impact wetland and riparian resources in the project area.
These agencies will add conditions for approval as required to address their concerns if any
regarding wetland and riparian protection.
Goal 7 —Areas Subject to Natural Disasters and Hazards. Goal 7 deals with development in places
subject to natural hazards such as floods or landslides. It requires that jurisdictions apply "appropriate
safeguards" (floodplain zoning, for example) when planning for development there.
Finding #39. All sites within Springfield and Eugene that are subject to these hazards (floodplain,
erosion, landslides, earthquakes, weak foundation soils) are inventoried through a variety of
sources. The proposed Metro Plan text amendment and Goal exception does not remove or
exempt compliance with Code standards that may apply to development within these hazard
areas.
Finding #40. FIRM Panel Number 41039C166F shows the project area is affected by the 100 -year
floodplain (Willamette River, Glenwood Slough).
Finding #41. Within the City of Springfield's jurisdiction, floodplain development is regulated by
the Floodplain (FP) Overlay District. The FP Overlay District applies to all areas of special flood
hazard. Development proposals within the FP Overlay District are reviewed under Type I
procedure and approval is required before construction or development begins within any area
of special flood hazard.
Within the City of Eugene floodplain development is regulated by development standards
beginning at EC 9.6705 through 9.6709. While development within ODOT right -of -way would
need to meet these standards the City does not review nor issue permits in ODOT right -of -way.
A floodplain development permit is required for development within the Special Flood Hazards
Area (SFHA) that is in Eugene but outside of the public right -of -way.. Any development within
Attachment 1 -10
the floodway will require a no -rise analysis and certification meeting FEMA Region X standards.
This would be required as part of a floodplain development permit for any development within
the floodway that is outside ODOT right -of -way but still in Eugene. The floodway is a high hazard
area typically associated with high velocity flows that is necessary to convey floodwaters out of
our community.
Finding #42. In February 2009, ODOT prepared and submitted a Hydraulic and ScourAnolysis
Report, including "No- Rise" analysis, to analyze the hydraulic conditions for the 1 -5 Replacement
Bridge project to determine the effects of the required construction activities to the 100 -year
floodplain during and after construction. The report concluded that the Willamette River 1 -5
Replacement Bridge project would have a minimal impact on flood levels during a 100 -year
event.
Finding #43. The proposed South Bank Viaduct will be constructed at the same location on the
south bank of the Willamette River as the 1 -5 Replacement Bridges. Although a new analysis
may be required, it is likely that the viaduct will contribute little to flood elevations in the event
of a 100 -year flood event, given the small area affected by the project compared to the
Replacement Bridge project.
Goal 8– Recreational Needs. This goal calls for each community to evaluate its areas and facilities for
recreation and develop plans to deal with the projected demand for them.
Finding #44. Willamalane Park and Recreation District is the entity responsible for park planning,
development and maintenance in the subject park areas within Springfield. In 2004,
Willamalane completed the Willamalane Parks and Recreation Comprehensive Plan that was
adopted by both the City of Springfield and Lane County as a refinement plan to the Metro Plan.
Finding #45. Willamalane's Comprehensive Plan shows the proposed South Bank Viaduct (South
Bank Trail) on Map 3— "Existing and Proposed Multiuse Paths and Bike Ways."
Finding #46. Several City documents anticipate a multi -use path connecting Eugene and
Springfield on the south side of the Willamette River. Additionally, as previously mentioned
under Goal 2, the TransPlan Future Bikeway Project Map shows an off - street bike facility
running along the south bank of the Willamette River underneath the 1 -5 Bridge. This bikeway is
identified as project #851 South Bank Trail (A) (jurisdiction: Springfield). The viaduct would then
connect with the existing bike path on the Eugene side of 1 -5, shown as an existing off - street
bike facility on the TransPlan Financially- Constrained Bikeway System Projects map.
Goal 9– Economic Development. Goal 9 calls for diversification and improvement of the economy. It
asks communities to inventory commercial and industrial lands, project future needs for such lands,
and plan and zone enough land to meet those needs.
Finding #47. The proposed Metro Plan text amendment does not reduce the inventory of
commercial and industrial lands.
Finding #48. The South Bank Viaduct will be both an important transportation facility for bike
commuters and pedestrians connecting Eugene and Springfield. It is also an amenity with the
Attachment 1 -11
potential to bring recreational users into the Glenwood and downtown Springfield business
areas.
Finding #49. To the extent that recreational access to the Willamette River and to future
Glenwood development in Glenwood and Downtown Springfield is part of a business location
decision, the proposed South Bank Viaduct facility may increase the marketability of Springfield
and Eugene for new business and industry,
Goa110— Housing. This goal specifies that each city must plan for and accommodate needed housing
types, such as multifamily and manufactured housing.
Finding #50. The proposed Metro Plan text amendment and Goal exception will not reduce
available housing capacity and will not impact needed housing. As such this goal is not
applicable to the evaluation of this proposal.
Goal 11— Public Facilities and Services. Goal 11 calls for efficient planning of public services such as
sewers, water, law enforcement, and fire protection.
Finding #51. The Eugene - Springfield Metropolitan Public Services and Facilities Plan (PFSP) is a
refinement plan of the Metro Plan that guides the provision of public infrastructure, including
water, sewer, storm water management, and electricity. The proposed Metro Plan text
amendment and Goal exception does not modify any policies set forth in the PFSP, and no
future facilities listed in the PFSP shall be affected by the amendment.
Goal 12 — Transportation. The goal aims to provide "a safe, convenient and economic transportation
system."
Attachment 1 -12
Finding #52. TransPlan (2002) is Eugene - Springfield's local Transportation System Plan and is a
functional plan of the Metro Plan. TransPlan provides policies addressing transportation
facilities and policies for the Eugene- Springfield Metropolitan Area.
Finding #53. TransPlan contains project lists and maps showing needed transportation facilities in
the Metropolitan area. The Future Bikeway Project Map shows an off - street bike facility running
along the south bank of the Willamette River underneath the 1 -5 Bridge. This bikeway is
identified as project #851 South Bank Trail (A) with an estimated cost of $1,800,000
(Jurisdiction: Springfield). The viaduct would then connect with the existing bike path on the
Eugene side of 1 -5, shown as an existing off - street bike facility on the TransPlan Financially -
Constrained Bikeway System Projects map.
Finding #54. TransPlan's TSI Bicycle Policy # 3 (Chapter 2, pg. 33) requires "bikeways to connect
new development with nearby neighborhood activity centers and major destinations." As
previously mentioned, the South Bank Viaduct and South Bank Path will connect Eugene to
Glenwood and to downtown Springfield through Glenwood.
Finding #55. TransPlan's TSI Bikeway Policy #4 assigns priority to the finding of "Priority Bikeway
Miles." These are defined as stand -alone bike projects listed in TransPlan that are not
associated with roadway projects. As mentioned above, the proposed South Bank Viaduct is
part of project #851 South Bank Trail (A) which is a stand -alone project that is not associated
with a roadway.
Finding #56. Central Lane MPO Regional Transportation Plan lists the Glenwood Riverfront Park
Path (Project 851) as a financially constrained project. It is classified as a multiuse path without
road project.
Finding #57. Additionally, Goal 12 is implemented through the Transportation Planning Rule
(TPR), as defined in Oregon Administrative Rule OAR 660 - 012 -0000, et seq. The Eugene -
Springfield Metropolitan Area Transportation Plan (TransPlan) provides the regional policy
framework through which the TPR is implemented at the local level. The TPR (OAR 660 -012-
0060) states that when land use changes, including amendments to acknowledged
comprehensive plans, significantly affect an existing or planned. transportation facility the local
government shall put in place measures to assure that the allowed land uses are consistent with
the identified function, capacity and performance standards (level of service, volume to capacity
ratio, etc.) of the facility. TransPlan, which implements Goal 12, identifies an off -site bike path
as a future facility and the south bank bike path on the Eugene side as an existing off - street bike
path.
Finding #58. The TPR requires a determination of which existing and planned transportation
facilities will experience a significant affect as a result of the proposed plan amendment, and
defines what constitutes a significant effect (OAR 660 - 012 - 0060(1)). The analysis for significant
effect is related to impacts to function, capacity and performance standards which are street
standards not applicable to bicycle /pedestrian paths; therefore the proposal is consistent with
TPR. Furthermore, the viaduct and path facilities provide alternative transportation modes
which would benefit, not worsen, nearby streets.
Attachment 1 -13
Goal 13 — Energy Conservation. Goal 13 declares that "land and uses developed on the land shall be
managed and controlled so as to maximize the conservation of all forms of energy, based upon sound
economic principles."
Finding #59. Approval of the proposed Metro Plan text amendment and Goal exception will not
have a direct impact on efforts to conserve energy; as such this goal is not applicable to the
evaluation of this proposal.
Goal 14 —Urbanization. This goal requires cities to estimate future growth and needs for land and
then plan and zone enough land to meet those needs.
Finding #60. The proposed Metro Plan text amendment and Goal exception affect an area within
the existing UGB; as such this goal is not applicable to the evaluation of this proposal.
Goal 15 — Willamette River Greenway, Goal 15 sets forth procedures for administering the 300 miles
of greenway that protects the Willamette River.
Finding #61. Chapter III D of the Metro Plan— "Willamette River Greenway, River Corridors and
Waterways Element" includes findings, objectives and policies for administering the Willamette
River corridor as it passes through the Eugene- Springfield area.
Finding #62. Policy D.11 of Chapter III states: The taking of an exception shall be required if a
non -water dependent transportation facility requires placing of fill within the Willamette River
Greenway setback."
Finding #63. The proposed South Bank Viaduct is located within the Willamette River Greenway
setback. While the viaduct design is not complete, it may require the removal or placement of
fill within the Greenway setback. For this reason, an exception to Statewide Planning Goal 15 is
required as part of this proposal. Findings for the Goal 15 exception are provided at below under
section IV and are incorporated herein by reference.
for the Willamette River 1 -5 Detour and Replacement Bridges, respectively. Those exceptions to
Goal 15 were approved in advance of any construction designs.
Attachment 1 -14
Finding #64. In 2003 and 2008, exceptions to Statewide Planning Goal 15 were taken and Policy
D.11 of Chapter III of the Metro Plan was amended to allow construction and related activities
Finding #65. The exception taken in 2003 and in 2008 (articulated in Chapter III, Policy D.11) did
not foresee or include the proposed South Bank Viaduct.
Finding #66. Chapter III -D of the Metro Plan specifically addresses issues related to the Willamette
Greenway. The following policies found in Chapter III -D are applicable to this proposal and are
cited below (emphasis added), and further addressed below under Criterion #2, consistency
with the Metro Plan. Policy D.11, restated below, is the policy that directs an exception to be
taken and a text amendment to the Metro Plan for the proposed viaduct and path, similar to the
exceptions provided for the 1 -5 bridges.
Policy D.2 Land Use regulation and acquisition programs along river corridors and waterways
shall take into account all the concerns and needs of the community, including recreation,
resource, and wildlife protection; enhancement of river corridor and waterway environments;
potential for supporting non - automobile transportation; opportunities for residential
development; and other compatible uses.
Policy D.3 Eugene, Springfield and Lane County shall continue to cooperate in expanding
water - related parks and other facilities, where appropriate, that allow access to and
enjoyment of the river and waterway corridors
Policy D.11 The taking of an exception shall be required if a non -water dependent
transportation facility requires placing of fill within the Willamette River Greenway setback.
An exception to Statewide Planning Goal 15 Willamette River Greenway was approved for
Oregon Department of Transportation (ODOT) for purposes of removing and replacing the
decommissioned 1 -5 bridge, the temporary detour bridge and the Canoe Canal bridge with two
new parallel bridges (one southbound and one northbound) within the 1 -5 right -of -way crossing
the Willamette River and Canoe Canal and within the Willamette River Greenway Setback Line.
The exception authorizes construction and later removal of one or more temporary work
bridges; demolition of the decommissioned 1 -5 Willamette River Bridge, Canoe Canal Bridge, and
detour bridges; construction of the two replacement bridges; reconstruction of the roadway
approaches to the bridges (1 -5 and ramps); rehabilitation of the project area; and completion of
any required mitigation of project impacts. In association with these tasks, the exception
further authorizes within the Willamette River Greenway Setback Line the addition and removal
of fill within ODOT right -of -way and the removal of fill within a temporary slope easement east
of 1 -5. This exception satisfies the criteria of Oregon Administrative Rule (OAR) 660 - 004 - 0022(6),
Willamette Greenway, and the exception requirements of OAR 660 - 004 -0020 Goal 2 Part 11(c)
for a "reasons" exception, and pursuant to OAR 660- 004 -0015, is hereby adopted as an
amendment to the Metro Plan text, Policy D.11, Chapter III, Section D
Goals 16 through 19 — Estuarine Resources, Coastal Shorelands, Beaches and Dunes, and Ocean
Resources.
Finding #67. There are no coastal, ocean, estuarine, or beach and dune resources within the
Eugene - Springfield Urban Growth Boundary. These goals do not apply to this proposal.
Attachment 1 -15
Conclusion
The findings shown above demonstrate that the proposed Metro Plan text amendments and Goal 15
exception allowing the construction of the South Bank Viaduct facility as part of the South Bank Path is
in substantial conformance to Oregon's Statewide Planning Goals.
Criterion #2. "Adoption of the amendment must not make the Metro Plan internally
inconsistent."
Findings
Finding #68. Chapter III -D of the Metro Plan specifically addresses issues related to the Willamette
Greenway. The following policies found in Chapter III -D are cited below (emphasis added).
Policy D.2 Land Use regulation and acquisition programs along river corridors and waterways
shall take into account all the concerns and needs of the community, including recreation,
resource, and wildlife protection; enhancement of river corridor and waterway environments;
potential for supporting non - automobile transportation opportunities for residential
development; and other compatible uses.
Policy D.3 Eugene, Springfield and Lane County shall continue to cooperate in expanding
water - related parks and other facilities where appropriate, that allow access to and
enjoyment of the river and waterway corridors
Policy D.11 The taking of an exception shall be required if a non -water dependent
transportation facility requires placing of fill within the Willamette River Greenway setback.
An exception to Statewide Planning Goal 15 Willamette River Greenway was approved for
Oregon Department of Transportation (ODOT) for purposes of removing and replacing the
decommissioned 1 -5 bridge, the temporary detour bridge and the Canoe Canal bridge with two
new parallel bridges (one southbound and one northbound) within the I -5 right -of -way crossing
the Willamette River and Canoe Canal and within the Willamette River Greenway Setback Line.
The exception authorizes construction and later removal of one or more temporary work
bridges; demolition of the decommissioned 1 -5 Willamette River Bridge, Canoe Canal
Bridge, and detour bridges; construction of the two replacement bridges; reconstruction of the
roadway approaches to the bridges (1 -5 and ramps); rehabilitation of the project area; and
completion of any required mitigation of project impacts. In association with these tasks, the
exception further authorizes within the Willamette River Greenway Setback Line the addition
and removal of fill within ODOT right -of -way and the removal of fill within a temporary slope
easement east of 1 -5. This exception satisfies the criteria of Oregon Administrative Rule (OAR)
660 - 004 - 0022(6), Willamette Greenway, and the exception requirements of OAR 660- 004 -0020
Goal 2 Part II(c) for a "reasons" exception, and pursuant to OAR 660 -004 -0015, is hereby
adopted as an amendment to the Metro Plan text, Policy D.11, Chapter 111, Section D.
Finding #69. The proposed South Bank Viaduct is located within the Willamette River Greenway
setback. While the viaduct design is not complete, it may require the removal or placement of
Attachment 1 -16
fill within the Greenway setback. For this reason, an exception to Statewide Planning Goal 15 is
required as part of this proposal.
Finding #70. In 2003 and 2008, exceptions to Statewide Planning Goal 15 were taken and Policy
D,11 of Chapter III of the Metro Plan was amended to allow construction and related activities
for the Willamette River 1 -5 Detour and Replacement Bridges, respectively. Those exceptions to
Goal 15 were approved in advance of any construction designs.
Finding #71. The exceptions taken in 2003 and 2008 (articulated in Chapter III, Policy D.11) did not
foresee or include the proposed South Bank Viaduct.
Finding #72. TransPlan (2002) is Eugene- Springfield's local Transportation System Plan and is
functional plan of the Metro Plan. TransPlan provides policies addressing transportation
facilities and policies for the Eugene- Springfield Metropolitan Area.
Finding #73. TransPlan contains project lists and maps showing needed transportation facilities in
the Metropolitan area. The Future Bikeway Project Map shows an off- street bike facility running
along the south bank of the Willamette River underneath the 1 -5 Bridge. This bikeway is .
identified as project #851 South Bank Trail (A) with an estimated cost of $1,8000,000
(Jurisdiction: Springfield). The viaduct would then connect with the existing bike path on the
Eugene side of 1 -5, shown as an existing off - street bike facility on the TransPlan Financially -
Constrained Bikeway System Projects map.
Finding #74. Central Lane MPO Regional Transportation Plan lists the Glenwood Riverfront Park
Path (Project 851) as a finically constrained project. It is classified as a multiuse path without
road project.
Finding #75. The Glenwood Refinement Plan (1999) is a refinement plan of the Metro Plan. It
contains a map of proposed bicycle routes (pg. 53) that shows the South Bank Trail as an off -
street path following the Willamette River, connecting the Eugene path system to the
Springfield Bridges. Glenwood Refinement Plan Policy # 4.5 calls for the acquisition of
easements for a pedestrian and bicycle access to and along the Willamette River through the
Glenwood area.
Finding #76. The Willamalane Park and Recreation Comprehensive Plan is a refinement plan of
the Metro Plan. Map #3 (page 28) of the Comprehensive Plan shows existing, planned and
proposed multiuse paths and bike ways. Map #3 shows the South Bank Trail running along the
Willamette River through Glenwood as an off - street multiuse path.
Finding #77. In Eugene, the Riverfront Park Study (RPS) is adopted as a refinement of the Metro
Plan. The RPS study boundary includes the south bank of the Willamette River up to the 1 -5
Bridge. Although the exact location of the viaduct will determined through subsequent
permitting processes, the western portion of the viaduct is generally located in this area,
Finding #78. The RPS includes several applicable policies regarding supporting a south bank
bicycle /pedestrian path, minimizing impacts to riparian vegetation and the Mill Race. Given that
the proposal will allow consideration of extension of the south bank bicycle /pedestrian path,
and with the findings for Statewide Planning Goal 5, 15 and 12 above which are incorporated
Attachment 1 -17
herein by reference, the proposed amendment is consistent with the applicable policies of the
RIPS.
Conclusion
The proposed Metro Plan text amendment and Goal 15 exception would not make the Metro Plan
internally inconsistent. The Metro Plan and its related refinement plans are specific in their planning for
the South Bank Path and the alignment of that path along the Willamette River, passing beneath the
Willamette 1 -5 Bridge and connecting Eugene's bike system to Springfield through Glenwood. The South
Bank Viaduct facility is a critical facility that allows passage around the existing barrier beneath the
bridge that prevents such connectivity.
IV. Compliance with Applicable Administrative Rules of Chapter 660, Division 004 — Interpretation of
Goal 2 Exception Process
"Statewide Planning Goal 2 -1-and Use Planning, Part II, Exceptions," allows for exceptions to be made
to certain other statewide planning goals. OAR chapter 660 division 4 explains the three types of
exceptions set forth in Goal 2. Division 4 interprets the exception process as it applies to statewide
Goals 3 to 19.
OAR 660- 004 - 0010(2) states: "the exceptions process is generally not applicable to those statewide
goals which establish planning procedures and standards that do not prescribe or restrict certain uses of
resource land or limit the provision of certain public facilities and services, because these goals contain
general planning guidance or their own procedures for resolving conflicts between competing uses.
However, exceptions to these goals, although not required, are possible and exceptions taken to these
goals will be reviewed when submitted by a local jurisdiction. These statewide goals are (emphasis
added):
(a) Goal 5 "Natural Resources ";
(b) Goal 6 "Air, Water, and Land Resources Quality ";
(c) Goal 7 "Natural Disasters and Hazards ";
(d) Goal 8 "Recreational Needs ";
(e) Goal 9 "Economy of the State ";
(f) Goal 10 "Housing" except as provided for in OAR 660 - 008 -0035, "Substantive Standards for
Taking a Goal 2, Part 11, Exception Pursuant to ORS 197.303(3)';
(g) Goal 12 "Transportation" except as provided for by OAR 660- 012 -0070, "Exceptions for
Transportation Improvements on Rural Land ";
(h) Goal 13 "Energy Conservation ";
(i) Goal 15 "Willamette Greenwav" except as provided for in OAR 660- 004 - 0022(6); and
Attachment 1 -18
(j) Goal 19 "Ocean Resources."
Compliance with 660 -004- 0015— Inclusion as Part of the Plan
OAR 660- 004 -0015 (1) states that "a local government approving a proposed exception shall adopt as
part of its comprehensive plan findings of fact and a statement of reasons which demonstrate that the
standards for an exception have been met. The applicable standards are those in Goal 2, Part II(c), OAR
660 - 004 - 0020(2), and 660- 004 -0022. The reasons and facts shall be supported by substantial evidence
that the standard has been met"
Finding #79. This proposal amends the Metro Plan text and takes an exception to allow the
construction of the South Bank Viaduct beneath the Willamette River 1 -5 Bridges. Approval of
the proposal will place language (see Attachment 1) into the Metro Plan providing for an
exception to Statewide Goal 15. The local ordinances adopting this proposal will require the
approving bodies to adopt the findings of fact and reasons for the text amendment and goal
exception.
Finding #80. Findings #81 through #93 address the "reasons" that are specific to a goal exception
for Statewide Planning Goal 15. These shall be adopted by reference as part of the staff report
and exhibit to the local ordinances adopted by the local approving bodies.
Compliance with OAR 660 - 004 - 0022 — Reasons Necessary to Justify and Exception under Goal 2 Part
I1(c)
OAR 660- 004 -0022 states that an exception can be taken for any use not allowed by the applicable
goal(s). The types of reasons that may or may not be used to justify certain types of uses not allowed on
resource lands are set forth in this section. Subsection (6) of OAR 660- 004 -0022 lists the reasons that
can be used to justify an exception to Statewide Planning Goal 15— Willamette River Greenway.
Subsection (6) states:
°(6) Willamette Greenway: Within an urban area designated on the approved Willamette
Greenway Boundary maps, the siting of uses which are neither water - dependent nor water -
related within the setback line required by Section C.3.k of the Goal may be approved where
reasons demonstrate the following:
(a) The use will not have a significant adverse effect on the greenway values of the site under
consideration or on adjacent land or water areas;
(b) The use will not significantly reduce the sites available for water - dependent or water - related
uses within the jurisdiction;
(c) The use will provide a significant public benefit; and
(d) The use is consistent with the Legislative findings and policy in ORS 390.314 and the
Willamette Greenway Plan approved by LCDC under ORS 390.322."
Attachment 1 -19
"Reasons" Analysis for Statewide Planning Goal 15 Exception
The following section of this document analyzes the South Bank Viaduct proposal against the "reasons"
that can be used to justify an exception for Statewide Planning Goal 15 as listed in OAR 660-004 -
0022(6)(a-d).
"(a) The use will not have a significant adverse effect on the greenway values of the site under
consideration or on adjacent land or water areas,"
There appears to be no single statement of " greenway values" in the state statutes or administrative
rules. The purposes stated for establishing the Willamette River Greenway are stated in OAR 660 -015-
0005: 'To protect conserve, enhance and maintain the natural, scenic, historical, agricultural, economic
and recreational qualities of lands along the Willamette River as the Willamette River Greenway." This
purpose is reflected in Chapter III Section D of the Metro Plan, the local comprehensive plan element
that describes how the Willamette Greenway will be administered within Eugene - Springfield's planning
jurisdiction (emphasis added).
Finding #81. Policy D.2 Land Use regulation and acquisition programs along river corridors
and waterways shall take into account all the concerns and needs of the community, including
recreation, resource, and wildlife protection; enhancement of river corridor and waterway
environments; potential for supporting non - automobile transportation opportunities for
residential development; and other compatible uses.
Finding #82. Policy D.3 Eugene, Springfield and Lane County shall continue to cooperate in
expanding water - related parks and other facilities, where appropriate, that allow access to
and enjoyment of the river and waterway corridors
Finding #83. The proposed South Bank Viaduct is a non - automobile transportation facility that will
serve both recreational and transportation functions. The facility will connect with the larger
Eugene - Springfield riverfront bike path system which is arguably one of the best in Oregon.
Attachment 1 -20
West end of the South Bank Viaduct
Finding #84. The alignment of the proposed viaduct would hug the riverfront, passing beneath the
1 -5 bridges. The viaduct is located in an industrial zone, including under the 1 -5 Bridge and
adjacent to Franklin Blvd. As can be seen from the aerial photos above, the presence of
industrial uses; the 1 -5 bridges; power transmission lines; and the austerity of Franklin Boulevard
significantly impact the scenic of this segment of the river compared to other segments in
Eugene - Springfield.
Finding #85. Existing development standards would require minimizing vegetation impacts,
replacement trees, and restoration of the vegetation that is disturbed by construction of the
proposed viaduct on the riverbank, minimizing the long -term visual impact of the facility when
viewed from the river.
Attachment 1 -21
East end of the South Bank Viaduct
The existing bike path is forced away from the river and on to Franklin Blvd. by the steep riverbank
beneath the 1 -5 Bridge and eastward. The path continues on a busy Franklin Blvd. which has an on-
street bike lane and minimal pedestrian facilities.
Finding #86. Required NEPA review of this project will result in mitigation measures designed to
minimize the impact of the viaduct on riparian habitat and threatened and endangered fish
species in the river.
Finding #87. The South Bank Viaduct and riverfront path that will be enabled by the viaduct will
fulfill a longstanding community need. That need is reflected in long -range planning documents
for transportation and recreation (Glenwood Refinement Plan, Glenwood Riverfront Plan,
TransPlan, and the Willamalane Parks and Recreation Comprehensive Plan).
"(b) The use will not significantly reduce the sites available for water- dependent or water - related uses
within the jurisdiction;"
Finding #88. The topography of the riverbank prohibits most water - dependent and water related
uses. All of the land occupied by the viaduct is publically owned and is not proposed for water -
related or water - dependent development in any adopted land use documents. This project will
not significantly reduce the sites available for water - dependent, water related -uses. The
proposed viaduct structure will enable users to have better access to the river in the future
when the planned South Bank Path is built.
"(c) The use will provide a significant public benefit; and"
Finding #89. As demonstrated by it inclusion in a variety of comprehensive planning documents,
the South Bank Path and this portion of the path in particular will have a significant public
benefit.
"(d) The use is consistent with the Legislative findings and policy in ORS 390.314 and the Willamette
Greenway Plan approved by LCDC under ORS 390.322."
ORS 390.341 and ORS 390.322 are shown below (emphasis added).
"390.314 Legislative findings and policy. (1) The Legislative Assembly finds that, to protect and
preserve the natural, scenic and recreational qualities of lands along the Willamette River, to
preserve and restore historical sites, structures, facilities and objects on lands along the
Willamette River for public education and enjoyment and to further the state policy established
under ORS 390.010, it is in the public interest to develop and maintain a natural, scenic,
historical and recreational greenway upon lands along the Willamette River to be known as the
Willamette River Greenway.
(2) In providing for the development and maintenance of the Willamette River Greenway, the
Legislative Assembly:
(a) Recognizing the need for coordinated planning for such greenway, finds it necessary to
provide for development and implementation of a plan for such greenway through the
cooperative efforts of the state and units of local government.
(b) Recognizing the need of the people of this state for existing residential, commercial and
agricultural use of lands along the Willamette River, finds it necessary to permit the
continuation of existing uses of lands that are included within such greenway; but, for the
benefit of the people of this state, also to limit the intensification and change in the use of such
lands so that such uses shall remain, to the greatest possible degree, compatible with the
Attachment 1 -22
preservation of the natural scenic historical and recreational qualities of such lands.
(c) Recognizing that the use of lands for farm use is compatible with the purposes of the
Willamette River Greenway, finds that the use of lands for farm use should be continued within
the greenway without restriction.
(d) Recognizing the need for central coordination of such greenway for the best interests of all
the people of this state, finds it necessary to place the responsibility for the coordination of the
development and maintenance of such greenway in the State Parks and Recreation
Department
(e) Recognizing the lack of need for the acquisition of fee title to all lands along the Willamette
River for exclusive public use for recreational purposes in such greenway, finds it necessary to
limit the area within such greenway that may be acquired for state parks and recreation areas
and for public recreational use within the boundaries of units of local government along the
Willamette River. [1973 c.558 §1]"
11 390.322 Submission of plan to Land Conservation and Development. Commission; revision,
approval and distribution of plan. (1) Following the preparation of the plan or any segment
thereof under ORS 390.318, the State Parks and Recreation Department shall submit such plan
or segment to the Land Conservation and Development Commission The commission shall
investigate and review such plan or segment as it considers necessary. If the commission finds
that the plan or segment complies with ORS 390.310 to 390.368, it shall approve the plan or
segment. If the commission finds revision of any part of the submitted plan or segment to be
necessary, it may revise the plan or segment itself or require such revision bythe department
and units of local government.
(2) Upon approval of the plan for the Willamette River Greenway or segment thereof, the
commission shall cause copies of such plan or segment to be filed with the recording officer for
each county having lands within the Willamette River Greenway situated within its boundaries.
Such plan or segment filed as required by this subsection shall be retained in the office of the
county recording officer open for public inspection during reasonable business hours.
(3) If the plan for the Willamette River Greenway is prepared and approved in segments, the
total of all such approved segments shall constitute the plan for the Willamette River Greenway
for the purposes of ORS 390.310 to 390.368. The department and units of local government,
with the approval of the commission, may revise the plan for the Willamette River Greenway
from time to time. [1973 c.558 §41"
Finding #90. The Metro Plan Chapter III Section D— Willamette River Greenway, River Corridors,
and Waterways Element, is the acknowledged plan and policy for implementing Statewide
Planning Goal 15— Willamette River Greenway. The Metro Plan provides local coordination and
review of development that may affect the Greenway.
Finding #91. Amendment of the Metro Plan requires notice to be filed with the Oregon
Department of Land Conservation (DLCD) as well as affected local and state agencies. A Notice
of Proposed Amendment concerning this proposal was filed with DLCD on June 30, 2009.
Finding #92. While no formal notice process is required, the Notice of Proposed Amendment
packet that was sent to DLCD was sent electronically to Jan Houck, Water Recreation
Coordinator with the Oregon Parks and Recreation Department on July 27, 2009.
Attachment 1 -23
Finding #93. Notice of this project was also sent to Savannah Crawford, Planner for Region 2 of
the Oregon Department of Transportation on July 27, 2009. The notice was comprised of the
materials filed with DLCD Notice of Proposed Amendment mentioned in Finding #91.
V. Conclusion and Recommendation of Staff
Based on the findings of staff with respect to the criteria defined in Section 5.14 -135 C of the Springfield
Development Code and €C 9.7730(3) for approving a Metro Plan amendment and applicable sections of
OAR 660 - 004 -0022 for approving an exception to Statewide Planning Goal 15; staff find the proposed
text amendment to the Metro Plan and exception to Statewide Planning Goal 15 allowing the placement
of fill for the purpose of constructing the South Bank Viaduct and path facilities beneath the Willamette
River 1 -5 Bridges, to be consistent with these criteria and recommend approval of the amendment.
VI. Attachments
Attachment 1: Metro Plan text amendment language.
Attachment 2: Diagram showing the approximate location of the proposed South Bank Viaduct
Attachment 1 -24
Attachment 1
The proposed text amendment adds the following language to policy #D.11 of Chapter III -D Willamette
River Greenway, River Corridors and Waterways Element:
"An exception to Statewide Planning Goal 15 Willamette River Greenway was approved by the cities of
Eugene and Springfield and by Cane County authorizing construction of a bike path viaduct beneath the I-
5 bridges, along the south bank of the Willamette River. The exception authorizes construction of the
bike path viaduct including the fill and removal of fill necessary to build the structure. This exception
satisfies the criteria of Oregon Administrative Rules (OAR) 660 - 004 -0022 (6) Willamette Greenway and
the exception requirements of OAR 660 - 004 -0020 Goal 2, Part 11(c) for a 'reasons' exception. Pursuant
to OAR 660 - 004 -0015, is hereby adopted as an amendment to the Metro Plan text Policy D. 11, Chapter
111, Section D."
Attachment 1 -25
Attachment 2
Attachment 1 -26