Loading...
HomeMy WebLinkAboutOrdinance No. 20326 COUNCIL ORDINANCE NUMBER 20326 COUNCIL BILL NUMBER 4877 AN ORDINANCE AMENDING THE EUGENE-SPRINGFIELD METROPOLITAN AREA PUBLIC FACILITIES AND SERVICES PLAN (PFSP) BY ADDING NEW TABLES AND MAPS IDENTIFYING WASTEWATER TREATMENT FACILITIES AND CONVEYANCE SYSTEMS IN CHAPTER !1; AMENDING CHAPTER IV WASTEWATER SYSTEM CONDITION ASSESSMENT AND ADOPTING TABLE t6a; ADDING A NEW CHAPTER VI AMENDMENT TO THE PFSP; ADOPTING A SEVERABILITY CLAUSE; Al,ID PROVIDING AN EFFECTIVE DATE. ADOPTED: July 26, 2004 PASSED: 7/0 REJECTED: OPPOSED: ABSENT: Solomon EFFECTIVE DATE: upon date of acknowledgment as provided by ORS 197.625, at least 30 days subsequent to approval, when ordinances with substantively identical provisions to Sections 1 and 2 have been adopted by Springfield and Lane County. ORDINANCE NO. 20326 AN ORDINANCE AMENDING THE EUGENE-SPRiNGFIELD METROPOLITAN AREA PUBLIC FACILITIES AND SERVICES PLAN (PFSP) BY ADDING NEW TABLES AND MAPS IDENTIFYING WASTEWATER TREATMENT FACILITIES AND CONVEYANCE SYSTEMS IN CHAPTER II; AMENDING CHAPTER IV WASTEWATER SYSTEM CONDITION ASSESSMENT AND ADOPTING TABLE 16at ADDING A NEW CHAPTER VI AMENDMENT TO THE PFSP; ADOPTING A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. The City Council of the City of Eugene finds that: A. Chapter 1V of the Eugene-Springfield Metropolitan Area General Plan (Met~ro Plan) sets forth procedures for amendment of the Metro Plan, and by extension, amendment of refinement and functional plans that supplement the Metro Plan, which for Eugene are implemented by provisions of Chapter 9 of the Eugene Code, 1971. B. On February 17, 2004, the Springfield City Council initiated proceedings for a Public Facilities and Services Plan amendment and related Metro Plan text amendments. C. Following an April 20, 2004 joint public hearing with the Springfield and Lane County Plarming Commissions, the Eugene Planning Commission, on May 24, 2004, recommended the related Metro Plan text amendments and Public Facilities and Services Plan amendments to include new tables identifying wastewater treatment system and primary collection system improvement projects as identified in Appendix B; to include new maps showing existing wastewater treatment systems and planned wastewater project sites; to revise the wastewater system condition assessment by describing and distinguishing treatment system and conveyance; to include an expanded discussion of wastewater service within the urbanizable area; to include project titles, rough cost estimates and completion dates for the wastewater treatment and collection system improvements; and to add a new Public Facilities and Services Plan amendment process, the exact language for each of the preceding amendments being contained in Appendix A and B attached and adopted as part of this Ordinance. D. On May 24, 2004 the Eugene Planning Commission and on June 1, 2004, the Springfield Planning Commission and the Lane County Planning Commission recommended the Metro Plan text amendments and Public Facilities and Services Plan amendments. E. The City Council conducted a joint public hearing on this amendment on June 22, 2004, with the Springfield City Council and Lane County Board of Commissioners, and is now ready to take action based upon 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. Ordinance- 1 Fo Substantial evidence exists within the record demonstrating that the proposal meets the requirements of the Metro Plan, the Eugene Code, 1971, and applicable state and local law as described in findings attached as Exhibit 1, and which are adopted in support of this Ordinance. NOW~ THE~FO~ THE CITY OF EUGENE DOES ORDAIN AS FOLLOWS: Section 1. The Public Facilities and Services Plan is hereby amended as follows: (a) Chapter II is amended to include the text, tables and maps set forth in Appendix B at pages 1 and 2, attached hereto; (b) Chapter IV is amended to reflect the text and tables set forth in Appendix B at pages 3 and 4; and (c) Chapter VI is added and shall consist of the text set forth in Appendix B at pages 5 and 6. Appendix B is adopted as part of this Ordinance. Section 2. Chapter II of the Public Facilities and Services Plan is further amended to reflect the changes to Chapter III-G, Public Facilities and Services Element and Chapter V, Glossary of the Metro Plan as set forth in Appendix A, attached hereto and by this reference incorporated herein. Section 3. Although not part of this Ordinance, the City Council adopts the findings set forth in the attached Exhibit 1 in support of this action. Section 4. 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 a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portions thereof. Section 5. Notwithstanding the effective date of ordinances as provided by the Eugene Charter of 2002, this Ordinance shall become effective upon the date that all of the following have occurred: (a) the ordinance has been acknowledged as provided by ORS 197.625; (b) at least 30 days have passed since the date the ordinance was approved; and (c) both the Springfield City Council and Lane County Board of Commissioners have adopted ordinances containing substantively identical provisions to those described in Sections 1 and 2 of this Ordinance. Passed by the City Council this Approved by the Mayor this 26th day of July, 2004 ?~(i day of July, 2004 ~ City ~ecorder / May~g~ Ordinance - 2 APPENDIX Aa CHANGES TO THE METRO PLAN (Current version of the Metro Plan) G. Public Facilities and Services Element This Public Facilities and Services Element provides direction for the future provision of urban facilities and services to planned land uses within the Metro Plan Plan Boundary (Plan Boundary). The availability of public facilities and services is a key factor influencing the location and density of future development. The public's investment in, and scheduling of, public facilities and services are a major means of implementing the Metro Plan. As the population of the Eugene-Springfield area increases and land development patterns change over time, the demand for urban services also increases and changes. These changes require that service providers, both public and private, plan for the provision of services in a coordinated manner, using consistent assumptions and projections for population and land use. The policies in this element complement Metro Plan Chapter II-A, Fundamental Principles, and Chapter II-C, Growth Management. Consistent with the principle of compact urban growth prescribed in Chapter II, the policies in this element call for future urban water and wastewater services to be provided exclusively within the urban growth boundary. This policy direction is consistent with Statewide Planning Goal 11: Public Facilities and Services, "To plan and develop a timely~ orderly and efficient arrangement of public facilities and services to serve as a framework for urban and rural development." On urban lands, new development must be served by at least the minimum level of key urban services and facilities at the time development is completed and, ultimately, by a full range of key urban services and facilities. On rural lands within the Plan Boundary, development must be served by rural levels of service. Users of facilities and services in rural areas are spread out geographically, resulting in a higher per-user cost for some services and, often, in an inadequate revenue base to support a higher level of service in the future. Some urban facilities may be located or managed outside the urban growth boundary, as allowed by state law, but only to serve development within the urban growth boundary. Urban facilities and services within the urban growth boundary are provided by the City of Eugene, the City of Springfield, Lane County, Eugene Water & Electric Board (EWEB), the Springfield Utility Board (SUB), the Metropolitan Wastewater Management Commission (MWMC), electric cooperatives, and special service districts. Special service districts provide schools and bus service, and, in some areas outside the cities, they provide water, electric, fire service or parks and recreation service. This element provides guidehnes for special service districts in line with the compact urban development fundamental pnnciple of the Metro Plan. Appendix Aa Page 1 This element incorporates the findings and policies in the Eugene-Springfield Metropolitan Area Public Facilities and Services Plan (Public Facilities and Services Plan), adopted as a refinement to the Metro Plan. The Public Factlities and Services Platt provides guidance for public facilities and services, including planned water, wastewater, stormwater, and electrical facilities. As required by Goal 11, the Public Facilities and Servwes Plan identifies and shows the general locatioW of the water, wastewater, and stormwater projects needed to serve land within the urban growth boundary.2 The Public Facilities and Services Plan also contains this information for electrical facilities, although not required to by law. The project lists and maps in the Public Facd~ties and Services Plan are adopted as part of the Metro Plan. Information in the Public Facihties and Services Plan on project phasing and costs, and decisions on timing and financing of projects are not part of the Metro Plan and are controlled solely by the capital improvement programming and budget processes of individual service providers. This element of the Metro Plan is organized by the following topics related to the provision of urban facilities and services. Policy direction for the full range of services, may be found under any of these topics, although the first topic, Services to Development W~thin the Urban Growth Boundary, is further broken down into sub-categories. Services to Development Within the Urban Growth Boundary Planning and Coordination Water Wastewater Stormwater Electricity Schools Solid Waste Services to Areas Outside the Urban Growth Boundary Locating and Managing Public Facilities Outside the Urban Growth Boundary Financing The applicable findings and policies are contained under each of these topic headings, below. The policies listed provide direction for public and private developmental and program decision-making regarding urban facilities and services. Development should be coordinated with the planning, financing, and construction of key urban facilities and services to ensure the efficient use and expansion of these facilities. ~ The exact locatmn of the projects shown on the Pubhc Facthttes and Serwces Plan planned facilities maps ~s determined through local processes. 2 Goal 11 also reqmres transportation facilities to be ~ncluded ~n pubhc facfl~tms plans. In th~s metropohtan area, transportation fac~lmes are addressed ~n Metro Plan Chapter III-F and m the Eugene-Spmngfield Transportation System Plan (D~ans Plan). Appendix Aa Page 2 Goals 1. Provide and maintain public facilities and services in an efficient and environmentally responsible manner. 2. Provide public facilities and services in a manner that encourages orderly and sequential growth. Findings and Policies Services to Development Within the Urban Growth Boundary: Planning and Coordination Findings 1. Urban expansion within the urban growth boundary is accomplished through fill, redevelopment, and annexation of territory which can be served with a minimum level of key urban services and facilities. This permits new development to use existing facilities and services, or those which can be easily extended, minimizing the public cost of extending urban facilities and services. 2. In accordance with Statewide Planning Goal 11 and OAR 660, the Public Facilities a~d Services Plan identifies jurisdictional responsibility for the provision of water, wastewater and stormwater, describes respective service areas and existing and planned water, wastewater, and stormwater facilities, and contains planned facilities maps for these services. Electric system information and improvements are included in the Public Facilities a~d Services Plan, although not required by state law. Local facility master plans and refinement plans provide more specific project information. 3. Urban services within the metropolitan urban growth boundary are provided by the City of Eugene, the City of Springfield, Lane County, EWEB, SUB, the MWMC, electric cooperatives, and special service districts. 4. The Public Facihties a~d Services Plan finds that almost all areas within the city limits of Eugene and Springfield are served or can be served in the short-term (0-5 years) with water, wastewater, stormwater, and electric service. Exceptions to this are stormwater service to portions of the Willow Creek area and southeast Springfield amd full water service at some higher elevations in Eugene's South Hills. Service to these areas will be available in the long-term. Service to all areas within city limits are either in a capital improvement plan or can be extended with development. 5. With the improvements specified in the Pubhc Facilities a~d Services Plan project lists, all urbanizable areas within the Eugene-Springfield urban growth boundary can be served with water, wastewater, stormwater, and electric service Appendix Aa Page 3 at the time those areas are developed. In general, areas outside city limits serviceable in the long-term are located near the urban growth boundary and in urban reserves, primarily in River Road, Santa Clara, west Eugene's Willow Creek area, south Springfield, and the Thurston and Jasper-Natron areas in east Springfield. 6. OAR 660-011-0005 defines projects that must be included in public facility plan project lists for water, wastewater, and stormwater. These definitions are shown in the keys of planned facilities Maps 1, 2, 2a, and 3 in the Public Facdities and Services Plan. 7. In accordance with ORS 195.020 to 080, Eugene, Springfield, Lane County and special service districts are required to enter into coordination agreements that define how planning coordination and urban services (water, wastewater, fire, parks, open space and recreation, and streets, roads and mass transit) will be provided within the urban growth boundary. 8. Large institutional uses, such as universities and hospitals, present complex planning problems for the metropolitan area due to their location, facility expansion plans, and continuing housing and parking needs. 9. Duplication of services prevents the most economical distribution of public facilities and services. 10. As discussed in the Public Facilmes and Servtces Plan, a majority of nodal development areas proposed in TransPlan are serviceable now or in the short- term. The City of Eugene's adopted Growth Management Policy # 15 states, "Target publicly-financed infrastructure extensions to support development for higher densities, in-fill, mixed uses, and nodal development." Policies G. 1 Extend the minimum level and full range of key urban facilities and services in an orderly and efficient manner consistent with the growth management policies in Chapter II-C, relevant policies in this chapter, and other Metro Plan policies. G.2 Use the planned facilities maps of the Public Facilities and Services Plan to guide the general location of water, wastewater, stormwater, and electrical projects in the metropolitan area. Use local facility master plans, refinement plans, capital improvement plans, and ordinances as the guide for detailed planning and project implementation. G.3 Modifications and additions to or deletions from the project lists in the Public Facilities and Services Plan for water, wastewater, and stormwater public facility projects or significant changes to project location, from that described in the Public Facilities and Services Plan planned facilities Maps 1, 2, 2a, and 3, Appendix Aa Page 4 requires amending the Pztbic Facilities and Services Plan and the Metro Plan, except for the following: a. Modifications to a public facility project which are minor in nature and do not significantly impact the project's general description, location, sizing, capacity, or other general characteristic of the project; or b. Technical and environmental modifications to a public facility which are made pursuant to final engineering on a project; or c. Modifications to a public facility project which are made pursuant to findings of an Environmental Assessment or Environmental Impact Statement conducted under regulations implementing the procedural provisions of the national Environmental Policy Act of 1969 or any federal or State of Oregon agency project development regulations consistent with that act and its regulations G.4 The cities and Lane County shall coordinate with EWEB, SUB, and special service districts operating in the metropolitan area, to provide the opportunity to review and comment on proposed public facilities, plans, programs, and public improvement projects or changes thereto that may affect one another's area of responsibility. G.5 The cities shall continue joint plam~ing coordination with major institutions, such as universities and hospitals, due to their relatively large impact on local fhcilities and services. G.6 Efforts shall be made to reduce the number of unnecessary special service districts and to revise confusing or illogical service boundaries, including those that result in a duplication of effort or overlap of service. When possible, these efforts shall be pursued in cooperation with the affected jurisdictions. G.7 Service providers shall coordinate the provision of facilities and services to areas targeted by the cities for higher densities, infill, mixed uses, and nodal development. G.8 The cities and county shall coordinate with cities surrounding the metropolitan area to develop a growth management strategy. This strategy will address regional public facility needs. Services to Develo[~ment Within the Urban Growth Boundary: Wastewater Findings 11. Springfield and Eugene rely on a combination of regional and local services for the provision ofwastewater services. Within each City, the local Appendix Aa Page 5 jurisdiction provides collection of wastewater through a system of sanitary sewers and pumping systems. These collection facilities connect to a regional system of similar sewer collection facilities owned and operated by the Metropolitan Wastewater Management Commission C~MWMC"), an entity formed under an intergovernmental agreement created pursuant to ORS 190. Together, these collection facilities (which exclude private laterals which convey wastewater from individual residential or commercial/industrial connections) constitute the primary collection system. 12. The primary collection system conveys wastewater to a treatment facilities system owned and operated by MWMC. This system consists of an interconnected Water Pollution Control Facility ("WPCF"), a biosolids facility, and a beneficial reuse facility. Policies G.9 Wastewater conveyance and treatment shall be provided to meet the needs of projected growth inside the urban growth boundary that are capable of complying with regulatory requirements governing beneficial reuse or discharge of effluent and beneficial reuse or disposal of residuals. Services to Development Within the Urban Growth Boundary: Water Findings 13. Springfield relies on groundwater for its sole source of water. EWEB water source is the McKenzie River and EWEB is developing groundwater sources. The identification of projects on the Public Facilities a~d Servzces Pla~ planned facilities map does not confer rights to a groundwater source. Policies G.10 Eugene and Springfield and their respective utility branches, EWEB and Springfield Utility Board (SUB), shall ultimately be the water service providers within the ttrban growth boundary. G. 11 Continue to take positive steps to protect groundwater supplies. The cities, county, and other service providers shall manage land use and public facilities for groundwater-related benefits through the implementation of the Springfield Drim~i~g FFater Pro~ection Pla~ and other wellhead protection plans. Management practices instituted to protect groundwater shall be coordinated among the City of Springfield, City of Eugene, and Lane County. G. 12 Ensure that water main extensions within the urban growth boundary include adequate consideration of fire flows. Appendix Aa Page 6 G. 13 SL~, EWEB, and Rainbow Water District, the water providers that currently control a water source, shall examine the need for a metropolitan-wide water master program, recognizing that a metropolitan-wide system will require establishing standards, as well as coordinated source and delivery systems. Services to Development Within the Urban Growth Boundary: Stormwater Findings 14. Historically, stormwater systems in Eugene and Springfield were designed primarily to control floods. The 1987 re-authorization of the federal Clean Water Act required, for the first time, local communities to reduce stormwater pollution within their municipal storm drainage systems. These requirements applied initially to the City of Eugene and subsequent amendments to the Act extended these requirements to Springfield and Lane County. 15. Administration and enforcement of the Clean Water Act stormwater provisions occur at the state level, through National Pollutant Discharge Elimination System (NPDES) permitting requirements. Applicable jurisdictions are required to obtain an NPDES stormwater permit from the Oregon Department of Environrnental Quality (DEQ), and prepare a water quality plan outlining the Best Management Practices (BMPs) to be taken over a five-year permit period for reducing stormwater pollutants to "the maximum extent practicable." 16. Stormwater quality improvement facilities are most efficient and effective at intercepting and removing pollutants when they are close to the source of the pollutants and treat relatively small volumes of runoff. 17. The Clean Water Act requires states to assess the quality of their surface waters every three years, and to list those waters which do not meet adopted water quality standards. The Willamette River and other water bodies have been listed as not meeting the standards for temperature and bacteria. This will require the development of Total Maximum Daily Loads (TMDLs) for these pollutants, and an allocation to point and non-point sources. 18. The listing of Spring Chinook Salmon as a threatened species in the Upper Willamette River requires the application of Endangered Species Act (ESA) provisions to the salmon's habitat in the McKenzie and Willamette Rivers. The decline in the Chinook Salmon has been attributed to such factors as destruction of habitat through channelization and revetment of river banks, non-point source pollution, alterations of natural hydrograph by increased impervious surfaces in the basin, and degradation of natural functions of riparian lands due to removal or alteration of indigenous vegetation. 19. There are many advantages to keeping channels open, including, at a minimum, natural biofiltration of stormwater pollutants; greater ability to attenuate effects of Appendix Aa Page 7 peak stormwater flows; retention of wetland, habitat, and open space functions; and reduced capital costs for stormwater facilities. 20. An increase in impervious surfaces, without mitigation, results in higher flows during peak storm events, less opportunity for recharging of the aquifer, and a decrease in water quality. 21. Stormwater systems tend to be gravity-based systems that follow the slope of the land rather than political boundaries. In many cases, the natural drainageways such as streams serve as an integral part of the stormwater conveyance system. 22. In general, there are no programs for stormwater maintenance outside the Eugene and Springfield city limits, except for the Lane County roads program. State law limits county road funds for stormwater projects to those located within the public right-of-way. 23. Filling in designated floodplain areas can increase flood elevations above the elevations predicted by Federal Emergency Management Agency (FEMA) models, because the FEMA models are typically based only on the extent of development at the time the modeling was conducted and do not take into account the ultimate buildout of the drainage area. This poses risks to other properties in or adjacent to floodplains and can change the hydrogra_ph of the river.- Policies G. 14 Improve surface and ground water quality and quantity in the metropolitan area by developing regulations or instituting programs for stormwater to: a. Increase public awareness of techniques and practices private individuals can employ to help correct water quality and quantity problems; b. Improve management of industrial and commercial operations to reduce negative water quality and quantity impacts; c. Regulate site planning for new development and construction to better manage pre- and post-construction storm runoff, including erosion, velocity, pollutant loading, and drainage; d. Increase storage and retention and natural filtration of storm runoff to lower and delay peak storm flows and to settle out pollutants pr/or to discharge into regulated waterways; e. Require on-site controls and development standards, as practical, to reduce off-site impacts from stormwater runoff; Appendix Aa Page 8 f. Use natural and simple mechanical treatment systems to provide treatment for potentially contaminated runoff waters; g. Reduce street-related water quality and quantity problems; h. Regulate use and require contaimnent and/or pretreatment of toxic substances; Include containment measures in site review standards to minimize the effects of chemical and petroleum spills; and j. Consider impacts to ground water quality in the design and location of dry wells. G. 15 Implement changes to stormwater facilities and management practices to reduce the presence of pollutants regulated under the Clean Water Act and to address the requirements of the Endangered Species Act. G. 16 Consider wellhead protection areas and surface water supplies when planning stormwater facilities. G.17 Manage or enhance waterways and open stormwater systems to reduce water quality impacts from runoff and to improve stormwater conveyance. G. 18 Include measures in local land development regulations that minimize the amount of impervious surface in new development in a manner that reduces stormwater pollution, reduces the negative affects from increases in runoff, and is compatible with Metro Pla~ policies. G. 19 The cities and Lane County shall adopt a strategy for the unincorporated area of the urban growth boundary to: reduce the negative effects of filling in floodplains and prevent the filling of natural drainage channels except as necessary to ensure public operations and maintenance of these channels in a manner that preserves and/or enhances floodwater conveyance capacity and biological function. G.20 Maintain flood storage capacity within the floodplain, to the maximum extent practical, through measures that may include reducing impervious surface in the floodplain and adjacent areas. Services to Development Within the Urban Growth Boundary: Electricity Findings 24. According to local municipal utilities, efficient electrical service is often accomplished through mutual back-up agreements and inter-connected systems are more efficient than isolated systems. Appendix Aa Page 9 PoLicies G.21 The electric service providers will agree which provider will serve areas about to be annexed and inform the cities who the service provider will be and how the transition of services, if any, will occur. Services to Development Within the Urban Growth Boundary: Schools Findings 25. ORS 195.110 requires cities and counties to include, as an element of their comprehensive plan, a school facility plan for high growth dist~cts prepared by the d/strict in cooperation with the city or county; and for the city or county to initiate the planning activity. The law defines high growth districts as those that have an enrollment of over 5,000 students and an increase in enrollment of six percent or more during the three most recent school years. At present, there are no high growth school districts in the urban growth boundary. 26. ORS 197.296(4)(a) states that when the urban growth boundary is amended to provide needed housing, "As part of this process, the amendment shall include sufficient land reasonably necessary to accommodate the siting of new public school facilities. The need and inclusion of lands for new public school facilities shall be a coordinated process between the affected public school districts and the local government that has the authority to approve the urban growth boundary." 27. Enrollment projections for the five public school districts in the metropolitan area and the -University of Oregon and Lane Community College (LCC) are not consistent. Bethel School District and the University of Oregon expect increases while Springfield and Eugene School Districts and LCC are experiencing nearly flat or declining enrollments. Enrollment is increasing fastest in the elementary and high school attendance areas near new development. 28. Short-term fluctuations in school attendance are addressed through the use of adjusted attendance area boundaries, double shifting, use of portable classrooms, and busing. School funding from the state is based on student enrollment for school districts in the State of Oregon. This funding pattern affects the willingness of districts to allow out-of-district transfers and to adjust district boundaries. Adjustments in district boundaries may be feasible where there is no net loss or gain in student enrollments between districts. 29. Creating or retaining small, neighborhood schools reduces the need for busing and provides more opportunity for students to walk or bike to school. Quality smaller schools may allow more parents to stay in established neighborhoods and to avoid moving out to new subdivisions on the urban fringe or to bedroom communities. However, growth patterns do not always respect school district boundaries. For Appendix Aa Page 10 example, natural cycles of growth and neighborhood maturation result in uneven geographic growth patterns in the metropolitan area, causing a disparity between the location of some schools and school children. This results in some fringe area schools exceeding capacity, while some central city schools are under capacity. 30. Long-range enrollment forecasts determine the need to either bmld new schools, expand existing facilities, or close existing schools. Funding restrictions imposed by state law and some provisions in local codes may discourage the retention and redevelopment of neighborhood schools. Limits imposed by state law on the use of bond funds for operations and maintenance make the construction of new, lower maintenance buildings preferable to remodeling existing school buildings. In addition, if existing schools were expanded, some school sites may not meet current local parking and other code requirements. 31. Combining educational facilities with local park and recreation facilities provides financial benefits to the schools while enhancing benefits to the community. The Meadow View School and adjacent City of Eugene community park is an example of shared facilities. Policies G.22 The cities shall initiate a process with school districts within the urban growth boundary for coordinating land use and school planning activities. The cities and school districts shall examine the following in their coordination efforts: a. The need for new public school facilities and sufficient land to site them; b. How open enrollment policies affect school location; c. The impact of school building height and site size on the buildable land supply; d. The use of school facilities for non-school activities amd appropriate reimbursement for this use; e. The impact of building and land use codes on the development and redevelopment of school facilities; f. Systems development charge adjustments related to neighborhood schools; and, g. The possibility of adjusting boundaries, when practical and when total enrollment will not be affected, where a single, otherwise internally cohesive area is divided into more than one school district. Appendix Aa Page 11 G.23 Support financial and other efforts to keep neighborhood schools open and to retain schools sites in public ownership following school closure. G.24 Support the retention of University of Oregon and LCC facilities in central city areas to increase opportunities for public transit and housing and to retain these schools' attractiveness to students and fhculty. Services to Development Within the Urban Growth Boundary: Solid Waste Findings 32. Statewide Planning Goal 11 requires that, "To meet current and long-range needs, a provision for solid waste disposal sites, including sites for inert waste, shall be included in each plan." Policies G.25 The Lane County Solid Waste Management Pla~, as updated, shall serve as the guide for the location of solid waste sites, including sites for inert waste, to serve the metropolitan area. Industries that make significant use of the resources recovered from the Glenwood solid waste transfer facility should be encouraged to locate in that vicinity. Services to Areas Outside the Urban Growth Boundary Findings 33. Providing key urban services, such as water, to areas outside the urban growth boundary increases pressure for urban development in rural areas. This can encourage premature development outside the urban growth boundary at rural densities, increasing the cost of public facilities and services to all users of the systems. 34. Land application ofbiosolids, treated wastewater, or cannery waste on agricultural sites outside the urban growth boundary for beneficial reuse of treated wastewater byproducts generated within the urban growth boundary is more efficient and environmentally beneficial than land filling or other means of disposal. 35. Lane County land use data show that, outside the urban growth boundary, land uses consist of: 1) Those which are primarily intended for resource management; and Appendix Aa Page 12 2) Those where development has occurred and are committed to rural development as established through the exceptions process specified in Statewide Planning Goal 2. Policies G.26 Wastewater and water service shall not be provided outside the urban growth boundary except to the following areas, and the cities may require consent to annex agreements as a prerequisite to providing these services in any instance: a. The area of the Eugene Airport designated Government and Education on the Metro Plan Diagram, the Seasonal Industrial Waste Facility, the Regional Wastewater Biosolids Management Facility, and agricultural sites used for land application ofbiosolids and cannery byproducts. These sites serve the entire metropolitan area. b. An existing development outside the urban growth boundary when it has been determined that it poses an immediate threat of public health or safety to the citizens within the Eugene-Springfield urban growth boundary that can only be remedied by extension of the service. In addition, under prior obligations, water service shall be provided to land within the dissolved water districts of Hillcrest, College Crest, Bethel, and Oa~kway. G.27 The Eugene Airport shall be served with the necessary urban services required to operate the airport as an urban facility. Development outside the urban growth boundary in the vicinity of the airport, outside the portion of the airport boundary designated Government and Education in the Metro Plan diagram, shall not be provided with urban services. G.28 Plan for the following levels of service for rural designations outside the urban growth boundary within the Plan Boundary: a. Agriculture, Forest Land, Sand and Gravel, and Parks and Open Space. No minimum level of service is established. b. Rural Residential, Rural Commercial, Rural Industrial, and Government and Education. On-site sewage disposal, individual water systems, rural level of fire and police protection, electric and communication service, schools, and reasonable access to solid waste disposal facility. Locating and Managing Public Facilities Outside the Urban Growth Boundary Findings Appendix Aa Page 13 36. In accordance with statewide planning goals and administrative rules, urban water, wastewater, and stormwater facilities may be located on agricultural land and urban water and wastewater facilities may be located on forest land outside the urban growth boundary when the facilities exclusively serve land within the urban growth boundary, pursuant to OAR 660-006 and 660-033. 37. In accordance with statewide planning goals and administrative rules, water, and wastewater facilities are allowed in the public right-of-way of public roads and highways. 38. The Pubhc Facdities and Services Plan planned facilities maps show the location of some planned public facilities outside the urban growth boundary and Plan Boundary, exclusively to serve land within the urban growth boundary. The ultimate construction of these facilities will require close coordination with and permitting by Lane County and possible Lane CombO' Rural Comprehensive Plan amendments. 39. Statewide Planning Goal 5 and OAR 660-023-0090 require state and local jurisdictions to identify and protect riparian corridors. 40. In accordance with OAR 660-033-0090, 660-033-0130(2), and 660-033-0120, building schools on high value farm land outside the uFoan growth boundary is prohibited. Statewide planning goals prohibit locating school buildings on farm or forest land within three miles outside the urban growth boundary. Policies G.29 Consistent with local regulations, locate new urban water, wastewater, and stormwater facilities on farm land and urban water and wastewater facilities on forest land outside the urban growth boundary only when the facilities exclusively serve land inside the urban growth boundary and there is no reasonable alternative. G.30 Locate urban water and wastewater facilities in the public right-of-way of public roads and highways outside the urban growth boundary, as needed to serve land within the urban growth boundary. G.31 Facility providers shall coordinate with Lane County and other local jurisdictions and obtain the necessary county land use approvals to amend the La,e Coumy Rural Coml~rehensive Plan, or the Metro Plan, as needed and consistent with state law, to appropriately designate land for urban facilities located outside the urban growth boundary or the Plan Boundary. G.32 The cities shall coordinate with Lane County on responsibility and authority to address stormwater-related issues outside the Plan Boundary, including outfalls outside the Springfield portion of the urban growth boundary. Appendix Aa Page 14 G.33 Measures to protect, enhance, or alter Class F Streams outside the urban growth boundary, within the Plan Boundary shall, at a minimum, be consistent with Lane County's riparian standards. G.34 New schools within the Plan Boundary shall be built inside the urban growth boundary. Financing Findings 41. ORS 197.712(2)(e) states that the project timing and financing provisions of public facility plans shall not be considered land use decisions. 42. ORS 223.297 and ORS 223.229(1) do not permit the collection of local systems development charges (SDCs) for fire and emergency medical service facilities and schools, limiting revenue options for these services. Past attempts to change this law have been unsuccessful. 43. Service providers in the metropolitan area use SDCs to help fund the following facilities: Springfield: stormwater, wastewater, and transportation; Willamalane Park and Recreation D/strict: parks; SUB, Rainbow Water District: water; Eugene: stormwater, wastewater, parks, and transportation; and, EWEB: water. 44. Oregon and California timber receipt revenues, a federally-funded source of county road funds, have declined over the years and their continued decline is expected. 45. Regular maintenance reduces long term infrastructure costs by preventing the need for frequent replacement and rehabilitation. ORS 223.297 to 223.314 do not allow use of SDCs to fund operations and maintenance. 46. The assessment rates of Eugene, Springfield, and Lane County are each different, creating inequitable financing of some infrastructure improvements in the metropolitan area. Policies G.35 Changes to Pt~bhc Facilities at~d Services Plcm project phasing schedules or anticipated costs and financing shall be made in accordance with budgeting and capital improvement program procedures of the affected jurisdiction(s). Appendix Aa Page 15 G.36 Service providers will update capital improvement programming (planning, programming, and budgeting for service extension) regularly for those portions of the urban growth boundary where the full range of key urban services and facilities is not available. G.37 Require development to pay the cost, as determined by the local jurisdiction, of extending urban services and facilities. This does not preclude subsidy, where a development will fulfill goals and recommendations of the Metro Plan and other applicable plans determined by the local jurisdiction to be of particular importance or concern. G.38 Continue to implement a system of user charges, SDCs, and other public financing tools, where appropriate, to fund operations, maintenance, and improvement or replacement of obsolete facilities or system expansion. G.39 Explore other funding mechanisms at the local level to finance operations and maintenance of public facilities. G.40 Set wastewater and stormwater fees at a level commensurate with the level of impact on, or use of, the wastewater or stormwater service. G.41 The cities and Lane County will continue to cooperate in developing assessment practices for inter-jurisdictional projects that provide for equitable treatment of properties, regardless of jurisdiction. Chapter V Glossary 36. Public facility projects: Public facility project lists and maps adopted as part of the Metro Pla~ are defined as follows: a. Water: Source, reservoirs, pump stations, and primary distribution systems. Primary distribution systems are transmission lines 12 inches or larger for SUB and 24 inches or larger for EWEB. b. Wastewater: Primary Collection System: Pump stations and wastewater lines 24 inches or larger. Treatment Facilities System: Water Pollution Control Facility (WPCF) project, beneficial reuse project and residuals project necessary to meet wastewater treatment facilities system design capacities for average flow, peak flow, biochemical oxygen demand and total suspended solids so as to provide service within the urban growth boundary (UGB) for a projected population in 2025 consistent with the population assumed in this Plan, in Appendix Aa Page 16 compliance with MWMC's discharge permit. MWMC's Capital Improvements Plan, as amended from time to time, shall be used as the guide for detailed planning and implementation of the WPCF project, the beneficial reuse project and the residuals project. c. Stormwater: Drainage/channel improvements and/or piping systems 36 inches or larger; proposed detention ponds; outfalls; water quality projects; and waterways and open systems. d. Specific projects adopted as part of the Metro Plan are described in the project lists and their general location is identified in the planned facilities maps in Chapter II of the Eugene-Springfield Metropolitan Public Facilities and Services Plan (Public Facilitzes and Services Plan). Appendix Aa Page 17 APPENDIX Ab CHANGES TO THE METRO PLAN (Fersion currently before the elected officials as a part of Periodic Review) G. Public Facilities and Services Element This Public Facilities and Services Element provides direction for the future provision of urban 5acilities and services to planned land uses within the Metro Plan Plan Boundary (Plan Boundary). The availability of public facilities and services is a key factor influencing the location and density of future development. The public's investment in, and scheduling of, public facilities and services are a major means of implementing the Metro Plat~. As the population of the Eugene-Springfield area increases and land development patterns change over time, the demand for urban services also increases and changes. These changes require that service providers, both public and private, plan for the provision of services in a coordinated manner, using consistent assumptions and projections for population and land use. The policies in this element complement Metro Pla~ Chapter II-A, Fundamental Principles, and Chapter II-C, Growth Management. Consistent with the principle of compact urban growth prescribed in Chapter II, the policies in this element call for future urban water and wastewater services to be provided exclusively within the urban growth boundary (UGB). This policy direction is consistent with Statewide Planning Goal 11: Public Facilities and Services, "To plan and develop a timely, orderly and efficient arrangement of'public facilities and services to serve as a framework for urban and rural development." On urban lands, new development must be served by at least the minimum level of key urban services and facilities at the time development is completed and, ultimately, by a full range of key urban services and facilities. On rural lands within the Plan Boundary, development must be served by rural levels of service. Users of facilities and services in rural areas are spread out geographically, resulting in a higher per-user cost for some services and, often, in an inadequate revenue base to support a higher level of service in the future. Some urban facilities may be located or managed outside the urban growth boundary, as allowed by state law, but only to serve development within the UGB. Urban facilities and services within the UGB are provided by the City of Eugene, the City of Springfield, Lane County, Eugene Water & Electric Board (EWEB), the Springfield Utility Board (SUB), the Metropolitan Wastewater Management Commission (MWMC), electric cooperatives, and special service districts. Special service districts provide schools and bus service, and, in some areas outside the cities, they provide water, electric, fire service or parks and recreation service. This element provides guidelines for special service districts in line with the compact urban development fundamental principle of the Metro Plats. Appendix Ab Pagel This element incorporates the findings and policies in the Euge~e-Springfield Metropolitan Area Public Facilittes and Services Plan (Public Facilities at~d Services Plan), adopted as a refinement to the Metro Plan. The Public Facilities and Services Plan provides guidance for public facilities and services, including planned water, wastewater, stormwater, and electrical facilities. As required by Goal 11, the Pz~blzc Facihties a~d Serwces Plan identifies and shows the general location~ of the water, wastewater, and stormwater projects needed to serve land within the UGB.2 The Pz~blic Facilities a~td Services Pla;~ also contains this information for electrical facilities, although not required to by law. The project lists and maps in the Public Facilities and Servzces Plan are adopted as part of the Metro Plan. Information in the Public Facilities and Services Pla~ on project phasing and costs, and decisions on timing and financing of projects are not part of the Metro Plan and are controlled solely by the capital improvement programming and budget processes of individual service providers. The policies listed provide direction for public and private developmental and program decision-making regarding urban facilities and services. Development should be coordinated with the planning, financing, and construction of key urban facilities and services to ensure the efficient use and expansion of these facilities. Goals 1. Provide and maintain public facilities and services in an efficient and environmentally responsible manner. 2. Provide public facilities and services in a manner that encourages orderly and sequential growth. Findings and Policies The findings and policies in this element are organized by the following four topics related to the provision of urban facilities and services. Policy direction for the full range of urban facilities and services, may be found under any of these topics, although the first topic, Services to Development Within the Urban Growth Boundary, is further broken down into sub-categories. Services to Development Within the Urban Growth Boundary , Planning and Coordination · Water ~ The exact location of the projects shown on the P~bhc Facdtties a~zd Sen,~ces Plan planned fac~htxes maps ~s deterrmned through local processes. 2 Goal 11 also reqmres transportation fac~lmes to be mcluded xn pubhc fac~htxes plans. In th~s metropohtan area, transportation fac~hues are addressed xn Metro Plan Chapter III-F and xn the Eugene-Springfield Tra~sportat~on System Pla~ (Trines PlatO. Appendix Ab Page2 Wastewater Treatment Stormwater Electricity Schools Solid Waste Treatment Services to Areas Outside the Urban Growth Boundary Locating and Managing Public Facilities Outside the Urban Growth Boundary Financing Services to DeveloI~ment Within the Urban Growth Boundary: Plannin~ and Coordination Findings 1. Urban expansion within the UGB is accomplished through in-fill, redevelopment, and annexation of territory which can be served with a minimum level of key urban services and facilities. This permits new development to use existing facilities and services, or those which can be easily extended, minimizing the public cost of extending urban facilities and services. 2. In accordance with Statewide Planning Goal 11 and OAR 660, the Public Facdit~es a~d Services Pla~ identifies jurisdictional responsibility for the provision of water, wastewater and stormwater, describes respective service areas and existing and planned water, wastewater, and stormwater facilities, and contains planned facilities maps for these services. Electric system information and improvements are included in the Public Faczhties and Services Plal~, although not required by state law. Local facility master plans and refinement plans provide more specific project information. 3. Urban services within the metropolitan UGB are provided by the City of Eugene, the City of Springfield, Lane County, EWEB, SUB, the MWMC, electric cooperatives, and special service districts. 4. The Public Facilitzes and Services Pla~ finds that almost all areas within the city limits of Eugene and Springfield are served or can be served in the short-term (0-5 years) with water, wastewater, stormwater, and electric service. Exceptions to this are stormwater service to portions of the Willow Creek area and southeast Springfield and full water service at some higher elevations in Eugene's South Hills. Service to these areas will be available in the long-term. Service to all areas within city limits are either in a capital improvement plan or can be extended with development. 5. With the improvements specified in the Public Facihties a~d Services Pla~ project lists, all urbanizable areas within the Eugene-Springfield UGB can be served with water, wastewater, stormwater, and electric service at the time those areas are developed. In general, areas outside city limits serviceable in the long- Appendix Ab Page3 term are located near the UGB and in urban reserves, primarily in River Road, Santa Clara, west Eugene's Willow Creek area, south Springfield, and the Thurston and Jasper-Natron areas in east Springfield. 6. OAR 660-011-0005 defines projects that must be included in public facility plan project lists for water, wastewater, and stormwater. These definitions are shown in the keys ofplarmed facilities Maps 1, 2, 2a, and 3 in the Public Facilities and Services Plan. 7. In accordance with ORS 195.020 to 080, Eugene, Springfield, l_ane County and special service districts are required to enter into coordination agreements that define how planning coordination and urban services (water, wastewater, fire, parks, open space and recreation, and streets, roads and mass transit) will be provided within the UGB. 8. Large institutional uses, such as universities and hospitals, present complex planning problems for the metropolitan area due to their location, facility expansion plans, and continuing housing and parking needs. 9. Duplication of services prevents the most economical distribution of public facilities and services. 10. As discussed in the Pubhc Facilities and Services Plan, a majority of nodal development areas proposed in TransPlan are serviceable now or in the short- term. The City of Eugene's adopted Growth Management Policy # 15 states, ~'Target publicly-fina~nced infrastructure extensions to support development for higher densities, in-fill, mixed uses, and nodal development." Policies G. 1 Extend the minimum level and full range of key urban facilities and services in an orderly and efficient manner consistent with the growth management policies in Chapter II-C, relevant policies in this chapter, and other Metro Plan policies. G.2 Use the planned facilities maps of the Public Facilities and Services Plan to guide the general location of water, wastewater, stormwater, and electrical projects in the metropolitan area. Use local facility master plans, refinement plans, capital improvement plans, and ordinances as the guide for detailed planning and project implementation. G.3 Modifications and additions to or deletions from the project lists in the Public Facilities and Services Plan for water, wastewater, and stormwater public facility projects or significant changes to project location, from that described in the Public Facilities and Services Plan planned facilities Maps 1, 2, 2a, and 3, requires amending the Pz~bic Facilities and Servzces Plan and the Metro Plan, except for the following: Appendix Ab Page4 a. Modifications to a public facility project which are minor in nature and do not significantly impact the project's general description, location, sizing, capacity, or other general characteristic of the project; or b. Technical and environmental modifications to a public facility which are made pursuant to final engineering on a project; or c. Modifications to a public facility project which are made pursuant to findings of an Environmental Assessment or Environmental Impact Statement conducted under regulations implementing the procedural provisions of the national Environmental Policy Act of 1969 or any federal or State of Oregon agency project development regulations consistent with that act and its regulations; or d. Public facility projects included in the PFSP to serve land designated Urban Reserve prior to the removal of the Urban Reserve designatiom which projects shall be removed from the PFSP at the time of the next Periodic Review of the Metro Plan~ G.4 The cities and Lane County shall coordinate with EWEB, SUB, and special service districts operating in the metropolitan area, to provide the opportunity to review and comment on proposed public facilities, plans, programs, and public improvement projects or changes thereto that may affect one another's area of responsibility. G.5 The cities shall continue joint planning coordination with major institutions, such as universities and hospitals, due to their relatively large impact on local facilities and services. G.6 Efforts shall be made to reduce the number of unnecessary special service districts and to revise confusing or illogical service boundaries, including those that result in a duplication of effort or overlap of service. When possible, these efforts shall be pursued in cooperation with the affected jurisdictions. G.7 Service providers shall coordinate the provision of facilities and services to areas targeted by the cities for higher densities, infill, mixed uses, and nodal development. G.8 The cities and county shall coordinate with cities surrounding the metropolitan area to develop a growth management strategy. This strategy will address regional public facility needs. Services to Development Within the Urban Growth Boundary: Wastewater Findinas Appendix Ab Page5 11. Springfield and Eugene rely on a combination of regional and local services for the provision ofwastewater services. Within each City, the local .jurisdiction provides collection ofwastewater through a system of sanitary sewers and pumping systems. These collection facilities connect to a regional system of similar sewer collection facilities owned and operated by the Metropolitan Wastewater Management Commission ("MWMC"), an entity formed under an intergovernmental agreement created pursuant to ORS 190. Together, these collection facilities (which exclude private laterals which convey wastewater from individual residential or commercial/industrial connections) constitute the primary collection system. 12. The primary collection system conveys wastewater to a treatment facilities system owned and operated by MWMC. This system consists of an interconnected Water Pollution Control Facility ("WPCF'), a biosolids facility, and a beneficial reuse facility. Policies G.9 Wastewater conveyance and treatment shall be provided to meet the needs of projected growth inside the UGB that are capable of complying with regulatory requirements governing beneficial reuse or discharge of effluent and beneficial reuse or disposal of residuals. SUBSEQUENT FINDINGS AND POLICIES SHALL BE ~NUMBERED ACCORDINGLY WITHIN THIS CHAPTER Chapter V Glossary 37. Public facility projects: Public facility project lists and maps adopted as part of the Metro Pla~ are defined as follows: a. Water: Source, reservoirs, pump stations, and primary distribution systems. Primary distribution systems are transmission lines 12 inches or larger for Springfield Utility Board (SL~) and 24 inches or larger for Eugene Water & Electric Board (EWEB). b. Wastewater: Primary Collection System: Pump stations and wastewater lines 24 inches or larger. Treatment Facilities System: Water Pollution Control Facility (WPCF) project, beneficial reuse project and residuals project necessary to meet wastewater treatment facilities system design capacities for average flow, peak flow, biochemical oxygen demand and total suspended solids so as to provide service within the urban growth Appendix Ab Page6 boundary (UGB) for a projected population in 2025 consistent with the population assumed in this Plan, in compliance with MWMC's discharge permit. MWMC's Capital Improvements Plan, as amended from time to time, shall be used as the guide for detailed planning and implementation of the WPCF project, the beneficial reuse project and the residuals project. c. Stormwater: Drainage/channel improvements and/or piping systems 36 inches or larger; proposed detention ponds; outfalls; water quality projects; and waterways and open systems. d~ Specific projects adopted as part of the Metro Plan are described in the project lists and their general location is identified in the planned facilities maps in Chapter II of the Eugene-Springfield Metropolitan Public Facilities and Services Plan (Public Facilities and Services Plan). Appendix Ab Page7 APPENDIX B CHANGES TO THE PUBLIC FACILITIES AND SERVICES PLAN (PFSP) 1. Modify the text preceding existing Table 3 to read as follows: Planned Wastewater System Improvements Planned wastewater system improvement projects are listed in tables 3, 4, 4a and 4b. The general location of these facilities is shown in Map 2: Pla~med Wc~stewater Facilities~ and Map 2a: Existing Wastewater Collection and Treatment Systems. [NOTE: This map presently exists as Map 6 in the Technical Background Report: Existing Conditions and Alternatives and should be incorporated without change.] 2. Insert, following Table 4, Tables 4a and 4b, as follows: Table 4a MWMC Wastewater Treatment System Improvement Projects Project Project Name/Descnptmn Number 300 WPCF Treatment Project 301 Residuals Treatment Project 302 Beneficial Reuse Project Table 4b MWMC Primary Collection System Improvement Projects Project Project Name/Descnptmn Number 303 Willakenzie Pump Station 304 Screw Pump Station 305 Glenwood Pump Station 3. Modify Map 2 to show Projects 300 through 305, and insert Map 2a. Appendix B Page 1 Eugene-Springfield Pubh¢ F ac)hties and Services Plan Planned MkI~MC ~¥ a~a~a~ar Proje~t S~es Eugene-Sprmgfleld Public Facihbes and Serwces Plan Existing MWMC Wastewater Treatment Systems Appendix B Page 2 4. Modify Chapter IV. Of the Public Facilities and Services Plan, by modifying the subdivision entitled "Wastewater System condition Assessment" (presently on page 82) to read as follows: Wastewater System Condition Assessment Treatment: MWMC Wastewater Treatment System MWMC existing infrastructure is monitored for problems that need to be addressed during operational and maintenance activities. MWMC has ongoing programs to help plan for and implement equipment replacement and major rehabilitation of existing systems. With these on going progrmns used to detect existing problems, the infrastructure can be maintained and preserved to help extend its useful life for future years. In March of 2003, MWMC hired CH2M HILL to evaluate and plan for regional wastewater capital improvements that will serve the Eugene/Springfield urban growth boundary into year 2025. MWMC will need to implement the recommended improvements to meet regulatory requirements based on projected pollution loads and flows. CH2M HILL as part of its work to evaluate and plan for regional wastewater improvements has prepared a technical memo related to "Flow and Load Projections" dated April 12, 2004. This historical and projected information is being used to plan for needed MWMC capital improvements based on engineering evaluation methods and by comparing technology options. It is estimated that approximately $160 million dollars (in 2004 dollars) are needed for MWMC projects to address regulatory requirements and growth through year 2025. Colt veyalt ce: Conveyance capacity and inflow and infiltration (I/I) ratios are important criteria by which to assess the performance of a wastewater collection system. Conveyance capacity is a function of adequate pipe sizing and measures a system's ability to move effluent efficiently. Inflow and infiltration ratios express the amount of stormwater entering a sewer system through defective pipes and pipe joints, or through the cross connection of stormwater lines, combined sewers, catch basins, or manhole covers. Such extraneous stormwater entering the wastewater system unnecessarily burdens both conveyance and treatment facilities. 5. Modify Chapter IV. Of the Public Facilities and Services Plan, by modifying the discussion of wastewater, in the subdivision entitled "Long-Term Service Availability Within Urbanizable Areas" (presently on page 97) to read as follows: 1. There are no areas within the metropolitan UGB that will be difficult to serve with wastewater facilities over the long-term (six to 20 years) assuming that public Appendix B Page 3 infrastructure specifications and requirements of the developing area can be addressed. Appropriate engineering design practices must be used during the development and expansion into sensitive areas that are approved for development (ex.- hillside construction, etc.). Expansion of the existing collection system will be necessary to meet demands of growth over this time period. 2. Based on 2003 analysis, lhe Eugene-Springfield metropolitan area treatment facilities will require facility improvements to address both dry and wet weather regulatory requirements relating to pollutant loads and wastewater flows. Regional and local wastewater improvements to the collection and treatment systems are being planned for and will be implemented to allow for growth within the UGB and for regulatory compliance. 6. Add Table 16a following Table 16, as follows: Table 16a MWMC Wastewater Treatment and Collection System Improvements, Rough Cost Estimate, and Timing Estimate Project Project Name/Description Cost* Estimated Number ($000) Completion Year 300 WPCF Treatment Project $120,500 2025 301 Residuals Treatment Project $6,000 2018 302 Beneficial Reuse Project $25,000 2018 303 Willakenzie Pump Station $6,000 2010 304 Screw Pump Station $2,000 2010 305 Glenwood Pump Station $500 2012 *Cost estimated in 2004 dollars 7. Add a new chapter to the Public Facilities and Services Plan, to be Chapter VI., reading as follows: VI. Amendments to the Plan This chapter describes the method to be used in the event it becomes necessary or appropriate to modify the text, tables or the maps contained in the Public Facilities and Services Plan C~the Plan"). Flexibility of the Plan Certain public facility project descriptions, location or service area designations will necessarily change as a result of subsequent design studies, capital improvement programs, environmental impact studies and changes in potential sources of funding. The Appendix B Page 4 Plan is not designed to either prohibit projects not included in the plan for which unanticipated funding has been obtained~ preclude project specification and location decisions made according to the National Environmental Policy Act, or subject administrative and technical changes to the plan to post-acknowledgement review or review by the Land Use Board of Appeals. For the purposes of this Plan, two types of modifications are identified. A. Modifications requiring amendment of the Plan. The following modifications require amendment of the Plan: 1. Amendments, which include those modifications or changes (as represented by Table 16a) to the location or provider of public facility projects which significantly impact a public facility project identified in the comprehensive plan, and which do not qualify as administrative or technical and environmental changes, as defined below. Amendments are subject to the administrative procedures and review and appeal procedures applicable to land use decisions. 2. Adoption of capital improvement program project lists by any service provider do not require modification of this Plan unless the requirements of subparagraph 1 above are met. B. Modifications permitted without amendment of the Plan. The following modifications do not require amendment of this Plan: 1. Administrative changes are those modifications to a public facility project which are minor in nature and do not significantly impact the project's general description, location, sizing, capacity or other general characteristic of the project. 2. Technical and environmental changes are those modifications to a public facility project which are made pursuant to "final engineering" on a project or those which result from the findings of an Environmental Assessment or Environmental Impact Statement conducted under regulations implementing the procedural provisions of the National Environmental Policy Act of 1969 or any federal or state agency project development regulations consistent with that Act and its regulations. Process for making Changes A. Administrative and Technical or Environmental Changes. Any jurisdiction may make an administrative or technical and environmental change, as defined hereto, by forwarding to each jurisdiction covered by this Plan, and to the Lane Council of Governments a copy of the resolution or other final action of the governing board of the jurisdiction authorizing the change. Appendix B Page 5 B. Amendments For purposes of processing amendments, as defined herein, such amendments are divided into two classes. a. Type I Amendments include amendments to the text of the Plan, or to a list, location or provider of public facility projects which significantly impact a public facility project identified herein, which project serves more than one jurisdiction. b. Type II amendments include amendments to a list, location or provider of public facility projects which significantly impact a public facility project identified herein, which project serves only the jurisdiction proposing the amendment. C. Processing Amendments Any of the adopting agen~cies (Lane County, Eugene, or Springfield) may initiate an amendment to this plan at any time on their own motion or on behalf of a citizen. a. Type I amendments shall be forwarded to the planning commissions of the respective agencies and, following their recommendation, shall be considered by the governing boards of all agencies. If a Type I amendment is not adopted by all agencies, the amendment shall be referred to MPC for conflict resolution. Subsequent failure by agencies to adopt an MPC-negotiated proposal shall defeat the proposed amendment. if an amendment is adopted, all agencies shall adopt substantively identical ordinances b. Type II amendments shall be forwarded to the Planning Commission of the initiating agency and, following their recommendation, shall be considered by the governing board of the initiating agency. Appendix B Page 6 FINDINGS OF COMPLIANCE WITH THE METRO PLAN AND STATEWIDE GOALS AND ADMINISTRATIVE RULES Applicant: City of Springfield on behalf of the Metropolitan Wastewater Management Commission (MWMC). Nature of the Application: The applicant proposes to amend the Eugene-Springfield Metropolitan Area General Plan (Metro Plan and the Public Facilities and Services Plan (PFSP)1 to (1) more adequately reflect the impact that new discharge permit restrictions will have had on the capacity of the regional wastewater treatment system, (2) to clarify the relationship between the PFSP project list and locally adopted capital improvement plans, and (3) to modify (streamline) the administrative and legislative processes that govern the implementation and amendment of the PFSP projects list. Background: MWMC's regional wastewater treatment facilities were designed and constructed in the late 1970's with a 20-year life expectancy. Slower than expected population growth in the 1980% extended this life expectancy. In 1996-97 MWMC developed a Master Plan to evaluate the performance of its facilities, to ascertain areas of constraints within the existing permit conditions, to identify short-term improvements (e.g., how to address seismic hazards), and to address other major issues that needed to be studied further. In May of 2002 the Oregon Department of Environmental Quality (DEQ) imposed new and more stringent discharge permit standards on the regional wastewater treatment facilities, particularly in regard to the treatment of ammonia and thermal loading. As MWMC staff began to evaluate design needs for its wastewater facilities, it became apparent to them that the existing facilities could not meet the demands imposed by the new discharge permit restrictions. Recognizing that a thorough assessment of wastewater collection, treatment and disposal/reuse needs for the next 20 years was essential, the MWMC began work on the 2004 Wastewater Facilities Plan, a comprehensive facilities plan update. The objectives of the 2004 Wastewater Facilities Plan are twofold. First, it is intended to provide for adequate community growth capacity through 2025, considering policies in the Metro Plan and current planning assessments for population and development. Second, the 2004 Wastewater Facilities Plan is intended to protect community health and safety by addressing sanitary sewer overflows, river safety, permit compliance and the cost-effective use of existing facilities and the efficient design of new facilities. The 2004 wastewater Facilities Plan recognizes and addresses the fact that the regional wastewater system for the Eugene-Springfield metropolitan area does not have the capacity to i See appendices A & B, respectively. Exhibit 1 - 1 meet all of the discharge standm~ds imposed by state and federal law. Neither the Metro Plan nor the PFSP currently reflect this situation. Statewide Planning Goal 2 requires that the city, county and special district plans be consistent. In large part, the amendments proposed by this application address the issue of consistency between the Metro Plan and the PFSP and consistency of the 2004 Wastewater Facilities Plan with the former documents. The proposed amendments provide information that should have been included in the PFSP when it was adopted and present a more accurate description of wastewater services that will be available after certain capital improvement projects are completed. Phasing objectives of the 2004 wastewater Facilities Plan necessitate that construction of several key facility components begin by June of 2005 in order to meet federal standards that require that peak wet weather events be managed by 2010. In order to meet this rigorous construction schedule, MWMC must have released Requests for Proposals (RFPs) for engineering design by October of 2004. Prior to this date, the 2004 Wastewater Facilities Plan must be adopted by the three metropolitan jurisdictions and the Metro Plan and the PFSP should be updated to reflect current information. In summary, the application proposes the following changes: Metro Plan 1. Specifically recognizes "wastewater" as a subcategory of service within the Urban Growth Boundary. [Chapter III-Gl 2. Amends Finding #6 and Policy #3 to recognize the addition of Map 2a "Existing Wastewater Collection and Treatment Systems" to the PFSP. [Chapter III-Gl 3. Amends Policy #2 to include local capital improvement plans as a means to implement policy in the PFSP. [Chapter III-Gl. 4. Inserts two findings regarding local and regional wastewater services to development within the urban growth boundary. [Chapter III-Gl 5. Adds a new policy G.9 that makes a commitment to providing the conveyance and treatment of wastewater to meet the needs of projected growth within the urban growth boundary and that meets regulatory requirements. [Chapter III-Gl 6. Modifies definition 37. Wastewater: Public Facilities Projects. [Chapter V Glossary]. PFSP Modifies the text on page 28, preceding Table 3, and adds Tables 4a and 4b that identify MWMC Wastewater Treatment and Primary Collection System improvements, respectively. Exhibit 1 - 2 2. Modifies Map 2, which shows Planned Wastewater Facilities, and adds Map 2a that concerns Existing Wastewater Facilities. 3. Modifies the existing narrative on "Wastewater System Condition Assessment" in Chapter IV. (Page 82) 4. Modifies existing paragraphs #1 and #2 under the discussion of "Wastewater" in the subdivision entitled "Long Term Service Availability Within Urbanizable Areas" in Chapter IV. (Page 97). 5. Adds new Table 16a (following Table 16) entitled "MWMC Wastewater Treatment and Collection System Improvements, Rough Cost Estimate, and Timing Estimate." (Page 101) 6. Adds new Chapter VI regarding amendments to the PFSP. Metropolitan Area General plan Amendment Criteria The proposed amendments are considered to be Type I Metro Plan amendments because they are non-site specific amendments to the Plan text. Amendments to the Plan text, which include changes to functional plans such as TransPlan and the PFSP, and that are non-site specific require approval by all three governing bodies to become effective.2 Springfield, Eugene and Lane County each adopted identical Metro Plan amendment criteria into their respective implementing ordinances and codes. Springfield Code Section 7.070(3) (a & b), Eugene Code 9.7730(3)(a)(b), and Lane Code 12.225(2) (a & b) require that the amendment be consistent with relevant statewide planning goals and that the amendment will not make the Metro Plan internally inconsistent. These criteria are addressed as follows: (a) The antendment must be consistent with the relevant statewide planning goals adopted by the Land Conservation and Development Commission; Goal 1- Citizen Involvement To develop a citizen involvement program that insures the opportumty for citizens to be revolved in all phases of the lvlanning process. The two cities and the county have acknowledged land use codes that are intended to serve as the principal implementing ordinances for the Metro Plan. Citizen involvement for a Type I Metro Plan amendment not related to an urban growth boundary amendment requires: 1) Notice to interested parties; 2) Notice shall be published in a newspaper of general circulation; 3) Notice shall be provided to the Department of Land Conservation and Development (DLCD) at least 45 days before the initial evidentiary hearing (planning commission). 2 See EC 9.7730(1)(a), SDC 7.070(1)(a), and LC 12.225(1)(a)(~). Exhibit 1 - 3 Notice of the joint planning commission hearing was published in the Springfield News and in the Register Guard on March 31, 2004. Notice to interested parties was mailed on April 1, 2004~ Notice of the first evidentiary hearing was provided to DLCD on March 4, 2004. The notice to DLCD identified the City of Eugene, Lane County, DEQ and EPA as affected agencies. Requirements under Goal 1 are met by adherence to the citizen involvement processes required by the Metro Plan and implemented by the Springfield Development Code, Articles 7 and 14; the Eugene Code, Sections 9.7735 and 9.7520; Lane Code Sections 12.025 and 12.240. Goal 2 - Land Use Planning - To estabhsh a land use platming process and policy framework as a bas~s for all decisions and actions related to use of land and to ass~tre an adequate factual base for such deciszons and actions. All land-use plans and ~mplementation ordinances shall be adopted by the governing body after pubhc hearing and shall be rewewed and, as needed, revised on a pertodic cycle to take into account changing public policies and czrcumstances, in accord wzth a schedule set forth in the p&n. Opportunztzes shall be prowded for review and comment by c~t~zens a~d affected governmental units durit~g preparation, review and revisio~ of p&ns and implementation ordinances. Implementation Measures -- are the means used to cart~, out the plan. These are of two general types: (l) management implementation measures such as ordz~ances, regulations or projectplans, and (2) site or area spec~'ic, implementation measures sztch as permits and grants for constructzon construction of public facilittes or provision of services'. The most recent version of the Metro Plan was approved for final adoption by Springfield on May 17, 2004 (Ordinance No: 6057), by Eugene on April 21, 2004 (Ordinance No. 20319), and by Lane County on J~.me 2, 2004 (Ordinance No. 1197) after numerous public meetings, public workshops and joint hearings of the Springfield, Eugene and Lane County Planning Commissions and Elected Officials. The Metro Plan is the "land use" or comprehensive plan required by this goal; the Springfield Development Code, the Eugene Code, 1971 and the Lane Code are the "implementation measures" required by this goal. Comprehensive plans, as defined by ORS 197.015(5)3, must be coordinated with affected governmental units.4 Coordination means that comments from affected governmental units are solicited and considered. In this regard, DLCD's Notice of Proposed Amendment form was sent to the City of Springfield, Lane County, DEQ and EPA. 3 Incorporated by reference ~nto Goal 2. 4 See DLCD v Douglas Cout~t); 33 Or LUBA 216, 221 (1997) Exhibit 1 - 4 One aspect of the Goal 2 coordination requirement concerns population projections. In this respect, the proposed amendment to the PFSP Glossary concerning Wastewater incorporates a projected year 2025 population for the Eugene-Springfield Urban Growth Boundary of 297,585.5 This projection is consistent with the most recent (1997) final forecasts provided to Lane County by the Oregon Office of Economic Analysis and the Year 2000 Census. The adoption of thru modification to the PFSP will effectively "coordinate" this population assumption. Goal, 3 - Agricultural Lands This goal does not apply within adopted, acknowledged urban growth boundaries. Goal 4 -- Forest Lands This goal does not apply within adopted, acknowledged urban growth boundaries. Goal 5 - Open Spaces, Scenic and Historic Areas, and Natural Resources This goal is not applicable to the proposed amendments. Goal 6 -- Air; Water and Land Resources Quality -- To mai~:tain a~d improve the quahty of the air, water and land resources of the state. This goal is primarily concerned w~th compliance with federal and state enwronmental quality statutes, and how this compliance is achieved as development proceeds in relationship to air sheds, river basins and land resources. The Federal Water Pollution Control Act, P.L. 92-500, as amended in 1977, became known as the Clean Water Act (33 U.S.C.1251 et seq.). The goal of this Act was to eliminate the discharge of pollutants into the navigable waters. ORS 468B.035 requires the Oregon Environmental Quality Commission (EQC) to implement the Federal Water Pollution Control Act. The primary method of implementation of this Act is through the issuance of a National Pollutant Discharge Elimination System (NPDES) permit prior to the discharge of any wastes into the waters of the state. (ORS 468B.050) Among the "pollutants" regulated by the EQC are temperature (OAR 340-041-0028) and toxic substances (OAR 340-041-0033). One purpose of the proposed amendments is to ensure that the Metro Plan and the PFSP accurately reflect regional wastewater system needs as imposed by Federal and State regulation. Currently, the PFSP states that "... the Regional Wastewater Treatment Plant has sufficient design capacity to accommodate population increases and serve all new development at-buildout." Recent analyses have determined that facility improvements are now required to address both dry and wet weather requirements relating to pollutant loads and wastewater flows. The section in Chapter IV of the PFSP entitled "Long--Term Service Availability Within Urbanizable Areas" is proposed to be modified to reflect the 5 Table 3 of technical memorandum entitled "Metropohtan Wastewater Management Commission - Population Projectmns for Wastewater Fac~hties Plan," prepared by Matt Noesen, CH2M H~ll, et al (April 9, 2004) Exhibit 1 - 5 need for facility improvements necessary to address dry and wet weather regulatory requirements. Goal 7 - Areas Subject to Natural Disasters and Hazards This goal is not applicable to the proposed amendments. Goal- 8 - Recreational Needs This goal is not applicable to the proposed amendments.. Goal 9 - Economic Development - Goal 9 provides, in part, that it is intended to: "Provide:for at least an adequate sz~pply of s~tes of suitable s~zes, types, locations, and service levels for a variety of znctustr~al a~zd commercial uses co~sistent with p&~ pohcies." The proposed amendments are consistent with this objective in that the Metro Plan, the PFSP and the 2004 Wastewater Facilities Plan must be consistent in order to comply with State discharge permit conditions that will determine the improvements to the Regional Wastewater System that are necessary to address new regulatory standards. The improvements are necessary to allow adequate service and conveyance, treatment, reuse and disposal capacity to serve new and existing industrial and commercial uses. Goal 10 - Housing -- To provide for the housing needs of citizens of the state. Goal 10 Planning Guideline 3 states that "[P]lans should provide for the Ope, location and phasi~g of pub~c fitcilities and services sufficient to support housing development in areas presently developed or undergoing development or redevelopment." OAR 660-008-0010 requires that "[S]ufficient buildable land shall be designated on the comprehensive plan map to satisfy housing needs by type and density range as determined in the housing needs projection." Goal 10 defines buildable lax~ds as "...lands in urban and urbanizable areas that are suitable, available and necessary for residential use." 660-008-0005(13), in part, defines land that is "suitable and available" as land "for which public facilities are planned or to which public facilities can be made available.". Similar to Goal 9, adequate public facilities are necessary to accomplish the objectives of this goal and applicable administrative rules (OAR Chapter 660, Division 008). The purpose of the proposed amendments is to provide the comprehensive planning framework to allow for the improvements to the regional wastewater system that support the housing needs of the Eugene-Springfield metropolitan area. Goal 11-- Public Facilities and Services - To plan and develop a timely, orderly and efficient arrangement of public facilities and services to serve as a framework for urban and rural development. OAR Chapter 660, Division 011, implements goal 11. OAR 660-011-0030(1) requires that the public facility plan identify the general location of public facilities projects. In regard to the Metro Plan, the reference to Public Facilities and Services Plan Map 2a in Exhibit 1 - 6 Finding 6 and Policy G.3 in the proposed amendments addresses this requirement. In regard to the PFSP, the modification of the introductory narrative under "Planned- wastewater System Improvements (Page 28)," the insertion of new Tables 4a and 4b (Page 2S), and the modification of Map 2 and the insertion of new Map 2a, also address this requirement. OAR 660-011-0035(1)) requires that the public facility plan include a rough cost estimate for sewer public facility projects identified in the facility plan. In conformity with this requirement, it is proposed that the PFSP be amended by the insertion of Table 16a (Inserted following Page 101), which addresses rough cost estimates and a timing estimate for MWMC Wastewater Treatment and Collection System Improvements. The rough cost estimates in Table 16a are based on costs set forth in the MWMC 2004 Facilities Plan and Project list. This 2004 Plan was the result of an exhaustive study that examined alternatives ranging from $144M to $233M (See Attachment 3). The preferred alternative, found in Table ~[6a, was selected because, among other reasons, it provides the least expensive means to comply with federal requirements, and maximizes MWMC's existing investments. OAR. 660-011-0045(3) provides that modifications to projects listed within a public facility plan may be made without amendment to the public facility plan. This application proposes to add a new chapter to the PFSP regarding amendments to that plan. Proposed Chapter VI incorporates the standards for amending a public facility plan allowed by OAR 660-011-0045(3) and adopts an amendment process. Goal 12 - Transportation This goal is not applicable to the proposed amendments. Goal 13 - Energy Conservation This goal is not applicable to the proposed amendments. Goal 14 - Urbanization - To provide for an orderly and efficzent transition from rural to urban land use. This goal is not applicable to the proposed amendments, as they do not affect the existing urban growth boundary. Goal 15 - Willamette River Greenway This goal is not applicable to the proposed amendments. Goal 16 Estuarine Resources, Goal 17 Coastal Shorelands, Goal 18 Beaches and Dunes, and Goal 19 Ocean Resources These goals do not apply to the Eugene-Springfield Metropolitan Area. Exhibit 1 - 7 (b) Adoption of the amendment must hot make the Metro Plan internally inconsistent. The proposed changes to the Metro Plan are essentially of a "housekeeping" nature. They essentially recognize the role of wastewater service provision within the urban growth boundary by the addition or modification of applicable findings and add or modify policy language to clarify the relationship between the Metro Plan and the PFSP in regard to capital improvement plans and the commitment to comply with regulatory requirements. The proposed changes, as presented, will not create internal inconsistencies within the Metro Plan. The proposed changes also amend the PFSP to more accurately reflect MWMC's planned improvement projects for its wastewater treatment system and primary collection system, to provide rough cost and timing estimates for those improvements, update narrative information regarding necessary improvements to the wastewater treatment system and primary collection system, and more clearly implement the plan modification standards contained in OAR 660-011-0045(3). The proposed changes to the PFSP do not create any inconsistencies within the PFSP nor do they create any inconsistencies between the PFSP and the Metro Plan. Exhibit 1 - 8