CFF APPEAL OF DESIGN APPROVAL

In November of 1997, Citizens For Florence challenged a decision by the Florence Design Review Board allowing development of a 127,000 square foot Fred Meyer store, recreational vehicle waste dump, and retail complex (possibly to include a fast-food restaurant and gas station) in north Florence.

The site of the proposed Fred Meyer complex is zoned for Highway/Commercial use, and even though the City of Florence’s Visual Management Plan suggests that it be purchased by the City to maintain the view and access to the dune, CFF recognizes that Fred Meyer will nevertheless eventually construct its complex on the site.

CFF Concerns: CFF initially questioned the proposed development because the group strongly believed that such a large commercial development would create serious traffic problems at the intersection of Hwy. 101 and Munsel Lake Road, would cause flooding on adjacent properties, would further aggravate the serious sewage disposal problem facing the City, and was not designed in a way that would maintain a scenic view of the only active dune visible from Highway 101 at the northern entrance of the City.

City’s New Conditions Inadequate: Although the initial decision by the Design Review Board was subsequently revised and improved by the City Council, and new conditions were placed on the proposed development, CFF believes the City has still failed to comply with the letter and intent of certain design review and development standards that are spelled out in the City Code.

Traffic Management: In addition to the concerns detailed in the following pages, the dramatic expansion of the surrounding roads and Highway 101 has not been coordinated with the City’s long-term traffic management plan.

CFF Appeal: As a result of serious flaws (explained on the following pages), CFF has filed a Notice of Intent to Appeal (NOIA) with the Land Use Board of Appeals in an effort to force the City to comply with its own code requirements. (See CFF Petition for Review to LUBA)

CFF is asking Fred Meyer to postpone the development of the retail complex until: 1. The sewage treatment facility can handle the added sewage;  2. The City makes a clear decision about the adjacent proposed City well field;  3. Fred Meyer agrees to cooperate on the development of an interpretive center and public access to the dunes;  4. Fred Meyer reconsiders designing the store to maintain a view of the dune; and  5. A better wintertime (high rainfall) groundwater and stormwater survey is conducted.

PROPOSED CITY WELL FIELDS

Still to be adequately addressed is the concern that the proposed plans for a stormwater system and recreational vehicle sewage dump will not protect nearby drinking water wells that the City has indicated it plans to develop on the BLM land next to the Fred Meyer site.

“This is an important issue since the City is currently considering development of a public water supply well field adjacent to the Fred Meyer facility.” -- Brown & Caldwell, Engineers for City of Florence, March 19, 1998, draft report.

“Additionally, the City anticipates the need for up to six water wells to supplement the municipal water supply. These wells were identified in the original 1990 R&PP proposal and their use was recently affirmed in the City’s October 1997 update of the Water Facilities Plan. These wells would be dispersed over the BLM parcel ...” -- Bureau of Land Management Environmental Assessment, March 1998.

“Several of the recommended guidelines pertinent to the Fred Meyer proposal include: (1) Infiltration systems should not be located within 1/2 mile of a public water supply system dependent upon groundwater ...” “The proposed use of infiltration facilities for the Fred Meyer facility presents additional concerns due to its proximity to a proposed public well system.” “The protection of drinking water sources is the primary focus of the DEQ’s infiltration rules.” -- Brown & Caldwell, Engineers for City of Florence, March 19, 1998, draft report.

PRESERVE VIEW OF DUNES

Because the north-south position of the proposed store (two football fields in length) will eliminate the view of the dune, CFF believes the City has not demonstrated that the development has been sited in a way that is as attractive as the nature of the use and the setting will allow, another mandate of the City’s Highway Code.

“The approximately 240 acres of public lands on the large dune between 35th Street and Heceta Beach Road shall be preserved as open space to provide wetland habitat and to preserve dune area within the urban area. Adjacent private lands shall be required to take account of projected sand movement, drainage patterns and adjacent habitat in any development proposal.” -- Current Florence Comprehensive Plan, XI-A --Natural Resources and Open Space.

Fred Meyer has applied to lease 4.5 acres of BLM land in order to stabilize the dune face adjacent to their store. “Stabilization would make the site more susceptible to noxious weed invasions such as from the gorse ... and Scotch broom ...” “Plantings of European beach grass ... are likely to spread outward and, in the long term, eventually cover the 40-acre BLM parcel.” -- Bureau of Land Management Environmental Assessment, 3/11/98. (See: Is Your Dune For Sale?)

(This dune is) “highly valuable as a unique geological formation; its scenic value and accessibility is unmatched on this part of the Oregon Coast.” Lane County Audubon Society newsletter, January 1998.

“The scenic value of this dune is unsurpassed; it is accessible, and most important, it is alive.” -- Sierra Club letter to Florence Planning Commission, 3/9/98.

STORMWATER MANAGEMENT

CFF believes it has not been adequately shown that the stormwater infiltration system planned by Fred Meyer is high enough above the groundwater table to ensure adequate drainage. The City “compromised” with Fred Meyer representatives, and chose 83.5 feet above sea level (MSL) as the lowest point at which the stormwater system could be placed. If the City’s “compromise” level is too generous, then Fred Meyer’s stormwater system may fail. Some of the following information was withheld from the City Council until after they had voted on the Fred Meyer design.
 

-- “[CFF believes] the purpose of requiring compliance with development criteria should not be to give developers the benefit of a doubt when faced with conflicting facts, but to assure that developments are designed credibly and safely.” -- CFF Testimony Before Florence City Council, April 13, 1998.

-- “... we believe that the water table will be above the top of the storage area of the proposed infiltration system throughout most of the year. As a result, the proposed system will not have the capacity to store the design storm [computer model] as indicated in the report. Without adequate storage, stormwater will run off site during the design storm.” -- Brown & Caldwell, Engineers for City of Florence, March 19, 1998 draft report.

-- “EPA guidelines recommend a three to four feet minimum separation between the bottom of the UIC well and the seasonal high water table.” -- Brown & Caldwell, Engineers for City of Florence, March 19, 1998 draft report.

-- “Federal and State standards shall be considered in all matters relating to air quality, water quality and noise pollution.” -- Current City of Florence Comprehensive Plan, Section XI-A, Natural Resources and Open Space.

-- A Brown & Caldwell report indicates that groundwater levels are “83 to 86 feet” above sea level. -- Brown & Caldwell, Engineers for City of Florence, March 19, 1998 draft report.

-- “Measurements taken by AHBL and AGRA representatives (Fred Meyer’s engineers) indicate the water level elevation to range from approximately elevation 79.7 to 82.0.” -- Brown and Caldwell, Engineers for City of Florence, March 31, 1998.

-- “Both (test) holes showed a distinct water table at approximately 18 inches below the surface, or at approximately 86.5 feet.” -- Poage Engineering & Surveying, Report for CFF, March 16, 1998.

-- A section of a Lane County study indicates that the groundwater height at the Fred Meyer site is approximately the same as that at the area currently known as Sherwood Loop in Florentine Estates. -- Figure 22, page 71, North Florence Dunal Aquifer Study, June 1982.

-- Measurements taken almost weekly between May 30, 1997 and April 6, 1998 at nearby Florentine Estates shows that groundwater levels range between a minimum of 81.2 and a maximum of 85.3 feet above sea level. Florentine Estates Drainage Committee Measurements, April 1998.

-- The wetland water level on the map prepared by Fred Meyer shows wetlands levels at 91 feet MSL (above sea level) ... The report by AHBL states highest groundwater level expected is 79.7 feet MSL. A quick survey conducted on March 6, 1998, after two days without rain showed ... the water standing in the front of the property by the highway was at approximately 85 feet MSL. -- Memorandum to City of Florence from Richard Walker, March 9, 1998.

SEWAGE TREATMENT PLANT CAPACITY

In CFF’s opinion, neither the City nor Fred Meyer has demonstrated that the City’s sewage treatment facility can accommodate the additional sewage load from either the Fred Meyer store, or the expected residential increases due to importation of employees of the development. Yet the City’s Highway District Code prohibits new development unless the applicant can demonstrate that “the necessary utility systems and public facilities are available with sufficient capacity.” (See City's Sewage Spills.)

[The City’s wastewater treatment facility] “... has reached and/or exceeded its hydraulic capacity...”; “The City of Florence is experiencing rapid growth, and any additional connections will increase the hydraulic loading to the [treatment plant] and will likely result in additional violations of the permit limits and water quality standards in the receiving stream.” Mutual Agreement and Order entered into by Department of Environmental Quality and City of Florence, April 1996.

"The city is now planning for major upgrades to both sewer and water systems, but plant expansion and availability to customers is probably 3 - 5 years away." Letter from Mayor Roger McCorkle to Bureau of Indian Affairs regarding proposed gambling casino development, 2/21/97.

INTERPRETIVE CENTER AND PUBLIC ACCESS

CFF is anxious to work with Fred Meyer, and other private property owners, in developing some type of interpretive center and public access to the adjacent open dunes. CFF has presented a proposal to the BLM for leasing the open dunes. Coordination of volunteer efforts to stem the onslaught of European beach grass will be an integral part of CFF’s lease of the open dune, as will coordinating public access with surrounding private property owners in order to reduce trespassing by the public. CFF is optimistic that plans for an interpretive center that is beneficial to private property owners, as well as the public, can be developed. (See Public Access to Dune.)