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HomeMy WebLinkAboutOrdinance 5962 05/15/2000 . . . ,.- " , ORDINANCE NO. 5962 AN ORDINANCE ADDING ARTICLE 17 DRINKING WATER PROTECTION (DWP) OVERLAY DISTRICT TO THE SPRINGFIELD DEVELOPMENT CODE SETTING FORTH PROCEDURES AND STANDARDS FOR THE USE OF HAZARDOUS MATERIALS WITHIN TIME OF TRAVEL ZONES; REVISING THE SPRINGFIELD DEVELOPMENT CODE BY AMENDING ARTICLES 2, 3, 14, AND 15 AND APPENDIX I; AND REZONING PROPERTIES WITHIN THE ZERO TO TWENTY YEAR TIME OF TRAVEL ZONES. THE CITY OF SPRINGFIELD DOES ORDAIN AS FOLLOWS: Section 1. Article 17 Drinking Water Protection (DWP) Overlay District is hereby added to the Springfield Development Code as described below: "ARTICLE 17 DWP DRINKING. WATER PROTECTION OVERLAY DISTRICT 17.010 GENERAL 17.020 DESCRIPTION 17.030 APPLICABILITY 17.040 TIME OF TRAVEL ZONES 17.050 REVIEW 17.060 EXEMPTIONS 17.070 STANDARDS FOR HAZARDOUS MATERIALS WITHIN TIME OF TRAVEL ZONES 17.080 CONDITIONS OF APPROV AL 17.090 APPEALS COMMENTARY Article 17 is not designed as an all-inclusive ordinance to regulate hazardous materials. It is proposed as an article in the Springfield Development Code as an overlay zone. It is designed to be applied whenever a development approval is required for new or existing land use within a TOTZ and the new or existing land use includes the use, storage, and/or production of hazardous materials that pose a risk to groundwater. Listed below are the changes made and the explanation/reason for the change. " ~, . . . F . ARTICLE 17 DRINKING WATER PROTECTION (DWP) OVERLAY DISTRICT 17.010 GENERAL (1) The DWP Overlay District regulations supplement the regulations of the underlying district. Where the regulations and permitted uses of an underlying district conflict with those of an overlay district, the more restrictive standards shall apply. . (2) Waming and Disclaimer of Liability. The degree of aquifer protection required by this Article in the areas designated in Section 17.040 is based on scientific and engineering considerations. The nature of these considerations is such that the exact boundaries of Time of Travel Zones (TOTZ) have an associated uncertainty that renders conclusions based on them to be estimates. Under no conditions should this Article be construed to guarantee the purity of the ambient ground water or guarantee the prevention of ground water contamination. Therefore, this Article shall not create liability on the part of the City, or any City personnel, for any contamination that may result from reliance on this Article or any administrative decision made under this Article. 17.020 DESCRIPTION (1) The purpose of the DWP Overlay District is to protect aquifers used as potable water supply sources by the City from contamination. This Article establishes procedures and standards for the physical use of hazardous materials harmful to groundwater within TOTZ by new and existing land uses requiring development approval. The provisions of this Article are designed to: (a) protect the City's drinking water supply which is obtained from groundwater resources from impacts by facilities that store, handle, treat, use, produce, or otherwise have on premises substances that pose a hazard to groundwater quality; and (b) provide standards for hazardous materials that pose a risk to groundwater within the TOTZ. (2) In order to accomplish this purpose, the DWP Overlay District includes methods and provisions to: . (a) restrict'or prohibit the use of hazardous materials which are potential groundwater contaminants; 17.040(3)(c) EXCEPTION: COMMENTARY . . Numbers 1 and 2 do not to apply to uses of hazardous materials existing on the tax lot at the time of adoption of this ordinance. An existing use may remain on the portion of the tax lot having more restrictive TOTZ standards when a new use is allowed on the other portion of the tax lot. . . (b) set standards for the storage, use, handling, treatment, and production of hazardous materials that pose a risk to groundwater within TOTZ; and (c) review new or expanded uses of hazardous material that pose a risk to groundwater. 17.030 APPLICABILITY Upon the effective date of this ordinance, all areas within specified wellhead TOTZ within the City and its urbanizable area automatically are rezoned to add the DWP Overlay District to the underlying district. The areas to which the DWP Overlay District is applied are shown on the Drinking Water Protection Area Maps, hereby incorporated by reference. 17.040 TIME OF TRAVEL ZONES . (1) The DWP Overlay District includes four TOTZ: 0-1 year; 1-5 years; 5-10 years; and 10-20 years. The locations of the TOTZ for each wellhead are shown on Drinking Water Protection Area Maps kept on file with the City of Springfield Development Services, Public Works, and Fire and Life Safety Departments; and Springfield Utility Board (SUB) and Rainbow Water District (RWD). (2) The areas within specified wellhead TOTZ are those drinking water protection areas certified by the Oregon Health Division, urider the Oregon Administrative Rules that apply to Oregon's EPA-approved Drinking Water Protection Program, in Oregon Health Division Delineation Certification #0002R, March 18, 1999. (3) In determining the location of a property within a TOTZ, the following criteria shall apply: (a) The Lane County Department of Assessment and Taxation maps shall be used as a base map with the addition of TOTZ boundaries. (b) That portion of a tax lot that lies within a TOTZ shall be governed by the restrictions applicable to that TOTZ. (c) Tax lots having parts lying within more than one TOTZ shall be governed by the standards of the more restrictive TOTZ. . EXCEPTION: The Director may waive the requirement that the more restrictive standards apply when all of the. following apply: 17.050(1) REVIEW COMMENTARY . . Article 17 is not intended to be an all-inclusive regulation of hazardous materials. It only regulates use of hazardous materials harmful to groundwater within TOTZ by new and existing land uses requiring development approval. Unless a property owner or tenant triggers (a) and (b), this article does not apply. Therefore, an existing company could increase the use of hazardous materials, increase production, or store more hazardous materials without being regulated by this article. . . . . 1. Storage, use, handling, treatment, and/or production of hazardous materials that pose a risk to groundwater will not take place within the portion of the tax lot having the more restrictive TOTZ standards; and 2. Storage, use, handling, treatment, and/or production of hazardous materials that pose a risk to groundwater will not take place within 50 feet of the portion ofthe tax lot having more restrictive TOTZ standards; and 3. The tax lot is 20,000 square feet or larger. (4) A property owner may request the TOTZ be modified by submitting a Zone Change application to the City. Any request for modification of the TOTZ shall be accompanied by certification of the TOTZ as proposed to be modified by the Oregon Health Division, under the Administrative Rules that apply to Oregon's EP A -approved Drinking Water Protection Program. 17.050 REVIEW. (1) A DWP Overlay District Development Application is required when the criteria of both subsections (a) and (b) are met: (a) A site is affected by one of the following: (i) there is a change of land use, occupancy or tenancy of a property, including but not limited to a change from vacant to occupied; or (ii) during the Building Permit process; or (iii) in conjunction with any development application including but not limited to Site Plan review and Minimum Development Standards. (b) The action in subsection (a) above will: (i) affect the storage, use, and/or production of hazardous materials that pose a risk to groundwater; or (ii) increase the quantity of hazardous materials that pose a risk to groundwater that are stored, used and/or produced. (2) Prior to the submittal of a DWP OVyrlay District Development Application, an exemption request may be submitted to the Director. See 17.060(2)(a). COMMENTARY '. 17.060(2)(a) EXEMPTIONS Article 17 applies only to hazardous materials that could contaminate groundwater. . The change in wording in the second paragraph of this section was to clarify the process to get a hazardou$ material exempted from regulation by Article 17. There is no fee for this process. . . (6) A complete DWP Overlay District Development application together with all required materials shall be accepted by the Director prior to the review of the request as specified in Section 3.050, Application Submittal. (7) The Director shall review the application and make a decision on the application, based on the standards contained in section 17.070, after consulting with the Building Official, Fire Marshall, Public Works Director, and the managers of SUB and RWD, as appropriate. 17.060 EXEMPTIONS This Article does not exempt any material or use from Fire Code regulations adopted by the City of Springfield. . (1) Exemptions are as specified in this section unless the Director, in consultation with SUB and Fire/Life Safety, determines that a hazardous material, activity, and/or facility that is exempt pursuant to this section has a significant or substantial potential to degrade groundwater quality. Then the Director may require compliance with the requirements of this Article related to that hazardous material, activity or facility. Such determinations will be based upon site and/or chemical-specific data and shall be eligible for appeal to the Hearings Official as specified in Section 17.090 of this Article. (2) Except as otherwise provided herein, the following materials are exempt from regulation hereunder: (a) Use, storage and handling of specific hazardous materials that do . not present a risk to the aquifer, as determined and listed by the Director in consultation with SUB, are exempt from all regulation under this Article with the exception of the potential requirement to list these hazardous materials on the Hazardous Material Inventory Statement as found in the most recent Fire Code regulations adopted by the City. A Hazardous Materials Exemption Request may be submitted to the Director for Hazardous Materials that can be demonstrated to pose no threat to the aquifer. These materials may be exempted from regulation and added to the list. The demonstration of no threat is the responsibility of the applicant seeking the exemption and will be subject to review by technical experts. . (b) Hazardous materials offered for sale in their original sealed containers of five (5) gallons or less shall be exempt from the 500 gallon storage limit set in 17.070(1)(a). COMMENTARY . 17.060(2)(k) This exemption was added by staff in response to public comments to allow specific amounts of hazardous materials that pose a risk to groundwater in TOTZ without regulation. Twenty gallons or less of hazardous materials not containing , DNAPLs will not be regulated by Article 17 in any TOTZ. . 17.070(1)(a) This section was clarified. The waiver of a 5 gallon maximum size was added in response to comments from industry that in certain cases, larger containers would be safer. . . (c) Hazardous materials in fuel tanks and fluid reservoirs attached to (i) a private or commercial motor vehicle and used directly in the motoring operation of that vehicle, or (ii) machinery, including but not limited to fuel, engine oil and coolant. (d) Fuel oil used in existing heating systems. (e) Emergency use, storage, and handling of hazardous materials by governmental organizations in the public interest. (f) Hazardous materials used and stored specifically for water treatment processes of public water systems and private systems for the same purposes when approved by the Director. (g) Hazardous materials contained in properly operating sealed units (transformers, refrigeration units, etc.) that are not opened as part of routine use. (h) Local natural gas distribution lines. . (i) Fuel for emergency generators located at facilities that provide essential community services (hospitals, fire/life safety, police, public shelters, telephone systems etc.). G) Any commonly used office supply - such as correcting fluid for typewriters, toner for computer printers or cleaners for windows and bathrooms - where the supplies are purchased off-site for use on-site. (k) Aggregate quantities equal to or less than 20 gallons of hazardous materials that do not contain DNAPLs. 17.070 STANDARDS FOR APPROVAL OF DWP OVERLAY DISTRICT APPLICATIONS WITHIN TIME OF TRAVEL ZONES Applications shall comply with the following standards. Where the following standards are more restrictive than the standards of the Uniform Fire Code, the following standards shall apply: (1) 0-1 year TOTZ Standards. . (a) Within the 0-1 year TOTZ, hazardous materials that pose a risk to groundwater may be stored in aggregate quantities of no more than 500 gallons if in original containers not exceeding 5 gallons* in size. Within COMMENTARY . 17.070(1)(d) The language was changed for clarification. The intent of this section is to prevent an increase in the maximum quantity of DNAPLs on a site at anyone time. An example: A company wishes to build an addition and increase the quantity ofDNAPLs used. They could submit a DWP application. The application would show that the company is not changing the type of use of the DNAPL. The application would also demonstrate that the maximum quantity ofthe DNAPL on site at a given time would not increase. This could be accomplished by scheduling more frequent deliveries. . . . that aggregated 500-gallon inventory, no more than 150 gallons of hazardous materials that pose a risk to groundwater may be on the premises in opened containers for handling, treatment, use production, or dispensing on site. Hazardous materials that pose a risk to groundwater shall be allowed only upon compliance with containment and safety standards set by the most recent Fire Code adopted by the City. * A waiver of the 5-gallon maximum size may be given by the Director if the applicant can demonstrate that a larger size container would pose less risk to the aquifer. (b) Except those exempted, all hazardous materials that pose a risk to groundwater shall be stored in areas with approved secondary containment in place (Uniform Fire Code Articles 2 and 8003.1.3.3). (c) All new uses of Dense Non-Aqueous Phase Liquids (DNAPLs) shall be prohibited. . (d) Any change in type of use or an increase in maximum daily inventory quantity of any DNAPL shall be considered a new use and shall be prohibited. (e) The following certain types of new facilities or changes in use and/or storage of hazardous materials that pose a risk to groundwater shall be prohibited: 1. underground hazardous material storage facilities; 2. hazardous material product pipelines used to transport the hazardous material off of the tax lot where it is produced or used; 3. injection wells, except dry wells for roof drainage; 4. solid waste landfills and transfer stations; 5. fill materials containing hazardous materials; 6. land uses and new facilities that will use, store, treat, handle, and/or produce DNAPLs. . "(f) Requirements found in Uniform Fire Code Appendix II-E 3.2.6 for a monitoring program and in 8003.1.3.3 for monitoring methods to detect hazardous materials in the secondary containment system shall be met for all amounts of hazardous materials that pose a risk to groundwater COMMENTARY . 17.070(2)(d) and (3)(d) The language was changed for clarification. The intent of this section is to prevent an increase in the maximum quantity ofDNAPLs on a site at any one time. An example: A company wishes to build an addition and increase the quantity of DNAPLs used. They could submit a DWP application. The application would show that the company is not changing the type of use of the DNAPL. The application would also demonstrate that the maximum quantity of the DNAPL on site at a given time would not increase. This could be accomplished by scheduling more frequent deliveries. . . . except those exempted. (g) Requirements found in Uniform Fire Code Appendix II-E Section 3.2.7 for inspection and record keeping procedures for monthly in-house inspection and maintenance of containment and emergency equipment for all amounts of hazardous materials that pose a risk to groundwater except those exempted shall be met. (h) Application of fertilizers containing nitrates shall be restricted to no more than the amount recommended by the Lane County, Oregon State University Extension Service for turf grass and shall be prohibited within 100 feet of a wellhead. In no event shall a single application exceed one half pound per 1,000 square feet of area per single application or a total yearly application of 5 pounds nitrogen fertilizer per 1,000 square feet. (2) 1-5 year TOTZ Standards. . (a) The storage, handling, treatment, use, application, or production or otherwise keeping on premises of more than 20 gallons of hazardous materials that pose a risk to groundwater in aggregate quantities not containing DNAPLs shall be allowed only upon compliance with containment and safety standards set by the most recent Fire Code adopted by the City. (b) Except those exempted, all hazardous materials that pose as risk to groundwater shall be stored in areas with approved secondary containment in place (Uniform Fire Code Articles 2 and 8003.1.3.3). (c) All new use ofDNAPLs shall be prohibited. (d) Anychange in the type of use or an increase in maximum daily inventory quantity of any DNAPL shall be considered a new use and shall be prohibited. (e) The following certain types of facilities or changes in chemical use and/or storage of hazardous materials that pose a risk to groundwater shall be prohibited: 1. hazardous material product pipelines used to transport the hazardous material off of the tax lot where it is produced or used; . 2. injection wells, except dry wells for roof drainage; 3. solid waste landfills and transfer stations; . 4. fill materials containing hazardous materials; 5. land uses and new facilities that will use, store, treat handle, and/or produce DNAPLs. (f) Requirements found in Uniform Fire Code Appendix II-E 3.2.6 for a monitoring program and in 8003.1.3.3 for monitoring methods to detect hazardous materials in the secondary containment system shall be met for all amounts of hazardous materials that pose a risk to groundwater except those exempted. (g) Requirements found in Uniform Fire Code Appendix II-E Section 3.2.7 for inspection and record keeping procedures for monthly in-house inspection and maintenance of containment and emergency equipment for all amounts of hazardous materials that pose a risk to groundwater except those exempted shall be met. (3) 5-10 year TOTZ Standards. . (a) The storage, handling, treatment, use, production or otherwise keeping on premises of more than 20 gallons of hazardous materials that pose a risk to groundwater in aggregate quantities not containing DNAPLs shall be allowed upon compliance with containment and safety standards set by the most recent Fire Code adopted by the City. (b) All hazardous materials that pose a risk to groundwater shall be stored in areas with approved secondary containment in place (Uniform Fire Code Articles 2 and 8003.1.3.3). ( c) All new use of DNAPLs shall be prohibited. (d) Any change in type of use or an increase in the maximum daily inventory quantity of any DNAPL shall be considered a new use and shall be prohibited. (e) Requirements found in Uniform Fire Code Appendix II-E Section 3.2.7 for inspection and record keeping procedures for monthly in-house inspection and maintenance of containment and emergency equipment for all amounts of hazardous materials that pose a risk to groundwater except those exempted shall be met. . (4) 10-20 year TOTZ Standards. The storage, handling, treatment, use, production or keeping on premises of more than 20 gallons of hazardous materials that pose a risk to groundwater in aggregate quantities not . . . containing DNAPLs shall be allowed only upon compliance with containment and safety standards set by the most recent Fire Code adopted by the City. 17.080 CONDITIONS OF APPROVAL The Director may-attach conditions of approval that will minimize negative impacts of regulated substances on groundwater and ensure that the facility or the proposed development can fully meet the standards specified in Section 17.070 of this Article. These conditions may include on-site monitoring wells, Wellhead Protection Area signs, special storm water facilities or other conditions to address specific risks associated with the proposed development. 17.090 APPEALS The only portions of this Article that are subject to appeal are Section 17.050(7) the Director's decision on a DWP application, Section 17.060, Exemptions, and Section 17.070(1)(a) waiver. The appeal of a decision of the Director may be appealed to the Hearings Official under Type III procedures as specified in Section 15.020 ofthis Code." Section 2. Article 2 "DEFINITIONS", Section 2.020 "MEANING OF S.PECIFIC WORDS AND TERMS", of the Springfield Development Code is hereby amended by adding the following language: "AQUIFER: A geologic formation, group of formations, or part of a formation that is capable of storing and transmitting water in sufficient quantity to supply wells or springs." "DELINEATION (from Oregon Health Department rules): The determination of the extent, orientation, and boundaries of a wellhead protection area using factors such as geology, aquifer characteristics, well pumping rates and time of travel." "DNAPL (Dense Non-Aqueous Phase Liquids): A group of hazardous materials that are denser- than-water (specific gravity greater than 1), have a low solubility rate, and degrade slowly to other compounds that are even more of a health hazard. For the purpose of Springfield's drinking water protection, DNAPL chemicals are defined as "all chemicals displaying the characteristics of a DNAPL chemical or a material containing a substance considered a DNAPL chemical." A list ofDNAPLs regulated within the Drinking Water Protection Overlay District shall be as adopted by SUB on November 10, 1999." "HAZARDOUS MATERIALS: Those chemicals or substances which are physical or health hazards as defined and classified in Article 80 of the Uniform Fire Code as adopted or amended by the City whether the materials are in usable or waste condition. . "PIPELINE: A line of pipe with pumps, valves and control devices for conveying liquid, gasses or finely divided solids." "TIME OF TRAVEL ZONE (TOTZ): The area mapped pursuant to Oregon Health Division Delineation Certification #0002R which identifies the time it takes ground water to flow to a given well or wellfield." "WELLHEAD PROTECTION: Implementation of strategies within a wellhead protection area to minimize the potential impact of contaminant sources on the quality of groundwater used as a drinking water source by a public water system." "WELLHEAD PROTECTION AREA: A Drinking Water Protection Area for a groundwater-supplied drinking water source." Section 3. Article 3, "DEVELOPMENT APPROVAL AND LAND USE DECISION PROCEDURES", of the Springfield Development Code is hereby amended by adding the following subsection 3.070(1)(n): "(n) Drinking Water Protection Overlay District development." . Section 4. Article 14, "PUBLIC HEARINGS", of the Springfield Development Code is hereby amended by adding the following subsection 14.010(2)(d): "(d) Appeals of Springfield Development Code Section 17.050(7) Director's decision on a DWP application, Section 17.060 Exemptions, and Section 17.070(1)(a) waiver." Section 5. Article 15, "APPEALS", Section 15.020(5)(b), "APPEALS OF THE DIRECTOR'S DECISION", of the Springfield Development Code is hereby amended to read as follows: "(b) Decisions by the Hearing Official regarding expedited land divisions shall be final. Appeals of the Hearing Official decisions shall be to the Oregon court of Appeals in accordance with applicable statutes and regulations governirig such appeals. Decisions by the Hearing Official regarding the Director's decisions in Springfield Development Code Sections 17.050 (7) DWP application, 17.060 Exemptions and 17.070(1)(a) waiver shall be final. Appeals of the Hearing Official shall be to the Land Use Board of Appeals. " Section 6. Appendix 1, "DEVELOPMENT CODE FEE SCHEDULE", "TYPE I REVIEW", of the Springfield Development Code is hereby amended by adding the following language: . (Application) "DWP Overlay District Development", (City Limits fee) "$405.00 (#)", (Urban Growth Boundary fee) "$405.00 (#)". . . . Section 7. The recommendation ofthe Springfield Planning Commission has been reviewed and is hereby adopted in support of the adoption of these amendments as Exhibit A. Section 8. Although not a part ofthis Ordinance, the Springfield City Council adopts Findings as set forth in Exhibit "B" attached, in support of this action. Section 9. Properties within the zero (0) to twenty (20) year time of travel zones are rezoned to add the drinking water overlay district classification to the underlying zone. Section 1 O. 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 hereof. ADOPTED by the Common Council of the City of Springfield this 15thday of May 2000 by a vote of ~ for and ~ against. APPROVED by the Mayor this 15thday of May 2000. '~~L ~A1 ~ Council President ATTEST: ~~ City Recorder REVIEWED & APPROVED A~ TO FORM \ ~- '''':. '1 ~) L 'C'"-e- \~I DATE: 5 <t 2aoo (\i7F!CE OF CITY AITORNEY . . . BEFORE THE PLANNING COMMISSION OF THE CITY OF SPRINGFIELD, OREGON REQUEST OF DRINKING WATER + PROTECTION OVERLAY + DISTRICT + JO. NO. 99-09 219 FINDINGS, CONCLUSIONS, AND RECOMMENDATION NATURE OF THE APPLICATION Drinking Water Protection (DWP) Overlay District - Article 17 of the Springfield Development. Code (SDC) 1. On September 2, 1999 the application for adoption of Article 17 was accepted. Adoption of Article 17 will establish a DWP Overlay District and rezone land within the District, Journal Number 99-09-219, City of Springfield applicant. 2. The application was submitted in accordance with Section 3.050 of the Springfield Development Code. Timely and sufficient notice of the public hearing, pursuant to Section 14.030 of the Springfield Development Code, has been provided. 3. On December 7, 1999 a public hearing on the DWP Overlay District and zone change request was held. The Development Services Department staff notes including criteria of approval, findings and recommendations, together with the testimony and submittals of the persons testifying at that hearing have been considered and are part of the record of this proceeding. CONCLUSION On the basis of this record, the requested adoption and amendments of Development Code text are consistent with the criteria of Section 8.030 of the Springfield Development Code. The requested zone change is consistent with the criteria of Section 12.030 of the Springfield Development Code. This general finding is supported by the specific findings of fact and conclusions, in the staff report and attached hereto. RECOMMENDATION It is RECOMMENDED by the Planning Commission of Springfield that Journal Number 99-09- 219, SDC Article 17 and related SDC amendments and the Zone Change Request, be . approved by the Springfield City Council. This RECOMMENDATION was presented to and appr December 7,1999. ATTEST /" AYES: ~ NOES: 0 . ABSENT: ( ABSTAIN: . . . FINDINGS IN SUPPORT OF JOURNAL NUMBER 99-09-219 SPRINGFIELD DEVELOPMENT CODE ADOPTION AND AMENDMENTS Criteria of approval for amendments to the Springfield Development Code (SDC) Adoption of text and amendments to the Springfield Development Code are based on conformance with the following criteria: (1 ) The Metro Plan; (2) Applicable State statutes; and (3) Applicable State-wide Planning Goals and Administrative Rules. The proposed adoption of Article 17 creates a Drinking Water Protection Overlay District (DWP) for the purpose of protecting from conJamination the aquifers used as the potable water supply sources for the City of Springfield. The proposed amendments to Articles 2, 3 and 15 are in support of proposed Article 17 to provide consistency within the SDC. Criteria (1) Conformance with the Metro Plan The Springfield Drinking Water Protection Plan was adopted as a functional plan intended to carry out policies of the Metro Plan. The Plan is a work task in the Metro Plan Periodic Review Work Program. Springfield's service population exceeds 10,000 people that rely on groundwater as the primary source of drinking water. As such, the delineated drinking water protection areas identified in the Plan qualify as significant groundwater resources and must be protected to comply with Statewide Planning Goal 5 (OAR 660-23-140). To comply with Goal 5, Springfield must adopt comprehensive plan provisions and land use regulations, consistent with all applicable state-wide goals, that reduce the risk of contamination of groundwater, following the standards and requirements of OAR chapter 340-40-180. As part of the Periodic Review requirement, the DWP Overlay District is an implementation measure for the Drinking Water Protection Plan. The DWP Overlay District is in conformance with the folloWing Metro Plan statements: The Environmental Resources Element Findings on III-C-3: 10. Known and potential groundwater pollution exists in the metropolitan area. Known and potential sources of groundwater pollution include septic tank wastes; industrial, commercial, and residential runoff; leakage from sanitary sewer pipes; leaking from sanitary landfills; agricultural non-point sources (spraying and animal wastes); chemical and petroleum spills, and natural contaminants (arsenic). 11. Beneficial uses of groundwater in the metropolitan area include domestic and municipal water supplies, industrial supplies, and domestic and commercial irrigation. The value and frequency of these uses varies among incorporated, urbanizable and rural areas. . . . Page 2 Jo. No. 99-09-219 Goals on III-C-6: 1 . Protect valuable natural resources and encourage their wise management, use and proper reuse. 4. Provide a healthy and attractive environment, including clean air and water, for the metropolitan population. Objectives on III-C-6 and III-C-7 1. Maintain the benefits associated with environmental resources in an urban setting. Those resources include ...c1ean air and water.... 3. Improve and maintain air and water quality to meet federal, state and local standards. 4. Minimize problems associated with water quantity and noise. Policies on III-C-1 0 20. In order to improve water quality and quantity in the metropolitan area, local governments shall consider developing regulations or instituting programs to: a. increase awareness of techniques and practices private individuals can employ to help correct water quality and quantity problems; b. improve management of inductrial and commercial operations to reduce negative water quality and quantity impacts; c. regulate site planning for new development and construction to better control drainage and erosion and to manage storm runoff; e. utilize natural and simple mechanical treatment systems to provide treatment for contaminated runoff waters; g. minim,i~e use of toxic substances; and h. minimize the negative effects of chemical and petroleum spills. 21. Positive steps shall be taken to protect the Springfield municipal groundwater supplies along the McKenzie River and the middle fork of the Willamette River. 22. Local governments shall continue to monitor, to plan for, and to enforce applicable air and water quality standards and shall cooperate in meeting applicable federal, state, and local air and water quality standards. . . . Page 3 Jo. 99-09-219 The Economic Element Implicit in the goals and objectives that follow is the premise that the economic health of the area is integrally related to the quality of life for residents. Improved welfare of the residents of the metropolitan area, measured by increases in employment opportunities and reductions in unemployment, increases in real incomes, and improved environmental quality are the ultimate goals of all economic efforts. Economic growth or industrial expansion is acceptable when it is consistent with these goals and objectives. (111-8-1) Findings on 111-8-2 10. The healthful environment of the metropolitan area can help attract industrial development, hold workers, and attract convention- and tourist-related economic activities. The concern for clean air and water is high priority with area residents. Criteria (2) Conformance with Applicable State Statutes ORS 4688.150-180, ORS 468.035, ORS 4688.015(2) give statutory authority to The Department of Environmental Quality (DEQ) for overall administration of Oregon's Wellhead Protection Program as well as the final certification of the local plans. ORS 448.123(1 )(a), ORS 448.131 (2)(a), (c), ORS 448.160, and ORS 672.525 allow the Oregon Health Division (OHD) to provide for the delineation, contingency and new wells elements of wellhead protection. OHD administers the Oregon Drinking Water Quality Act through ORS 448.119 through 448.285 and 454.235,454, 255 and 757.005. ORS 227 establishes the jurisdiction of cities to adopt and enforce planning, zoning and development regulations. Section 227.215 states: "A city may plan and otherwise encourage and regulate the development of land. A city may adopt an ordinance requiring that whatever land development is undertaken in the city comply with the requirements of the ordinance and be undertaken only in compliance with the terms of a development permit." The Springfield Drinking Water Protection Plan and the DWP Overlay District as an implementation measure follow the DEQ and OHD rules and guidelines as part of Oregon's Wellhead Protection Program to protect sources of local drinking water. . . . Page 4 Jo. No. 99-09-219 Criteria (3) Conformance with applicable State-wide Planning Goals and Administrative Rules Oregon's We.llhead Protection Program, in compliance with the federal Safe Water Drinking Act and US Environmental Protection Agency requirements, prescribes the contents of a local drinking water protection plan. The Springfield Drinking Water Protection Plan is consistent with the state program and OAR 333-61-057, 340-40- 170(1 Hc), (d), (g). The Overlay District is designed as an implementation measure of the adopted Plan and is called for within the Plan. The Order for Periodic Review of the Metro Plan issued to the metropolitan Springfield area by the Land Conservation and Development Commission specifies as a work task the development of a wellhead protection plan for Springfield to protect groundwater quality. The Order identified potential sources of pollution to include underground storage tanks, major transportation routes, industrial landfills, lagoons, light industry, hazardous and solid waste handlers, pesticide/herbicide application, septic tanks, and surface water interaction. The delineation of the Springfield aquifers and wellhead protection areas have been certified by the Oregon Health Division according to the provisions of OAR 340-40- 180. The Time of Travel Zones of the Overlay District are based upon these protection areas. The City's comprehensive plan and development code are acknowledged by the State of Oregon to be in compliance with all applicable state-wide planning goals and administrative rules. This proposed DWP Overlay District is consistent with a number of plan policies cited in previous pages and with ORS, and so, by extension conforms with applicable state-wide planning goals and administrative rules. The following findings are included in this record: Goal 1: Citizen Involvement A Citizen Task Force and Technical Advisory Committee developed the management section of the Springfield Drinking Water Protection Plan and recommended it for adoption. The DWP Overlay District was one of highest priorities of the Plan. The Springfield Planning Commission conducted a public hearing on April 20, 1999 and the City Council conducted a public hearing on May 17, 1999, to adopt the Plan. Goa/ 2: Land Use Planning This goal states: "All land-use plans and implementation ordinances shall be adopted by the governing body after public hearing and shall be reviewed and, as needed, revised on a periodic cycle to take into account changing public policies and circumstances, in accord with a schedule set forth in the plan. . . . Page 5 Jo. No. 99-09-219 "Implementation Measures - - are the means used to carry out the plan. These are of two general types: (1) management implementation measures such as ordinances, regulations or project plans, and (2) site or area specific implementation measures such as permits and grants for construction, construction of public facilities or provision of services." The DWP Overlay District is an implementation measure for the Springfield Drinking Water Protection Plan to be adopted by ordinance. Goal 3: Agricultural Lands This goal does not apply within adopted, acknowledged urban growth boundaries. The City of Springfield does not have any agricultural zoning districts. The DWP Overlay District does not apply outside the urban growth boundary. Goal 4: Forest Lands This goal does not apply within adopted, acknowledged urban growth boundaries. The City of Springfield does not have any forest zoning districts. The DWP Overlay District does not apply outside the urban growth boundary. Goal 5: Open Spaces, Scenic and Historic Areas, and Natural Resources The Springfield aquifers are significant natural resources providing drinking water to approximately 60,000 residents and therefore are subject to protection under State- wide Planning Goal 5 (OAR 660-23-140(6)). The Springfield Drinking Water Protection Pan was one of the tasks in the Metro Plan work program to comply with Goal 5. The DWP Overlay District is designed to protect the aquifers from hazardous materials and is part of the periodic review requirement. Goal 6: Air, Water and Land Resources Quality This goal requires compliance with applicable state or federal environmental quality statutes, rules and standards, and that "discharges not exceed the carrying capacity of such rel:}ources, considering long range needs; degrade such resources; or threaten the availability of such resources." The DWP Overlay District closely parallels the objectives of this goal by reducing the risk of contamination of water resources. Goal 7: Areas Subject to Natural Disasters and Hazards All sites within Springfield subject to these hazards (floodplain, erosion, landslides, earthquakes, weak foundation soils) are inventoried through a variety of sources. The DWP Overlay District does not remove or exempt compliance with all other Code standards which may apply. . . . Page 6 Jo. No. 99-09-219 Goal 8: Recreational Needs Willamalane Park and Recreation District provides for the recreatior.lal needs of Springfield through its own park planning. Park needs and facilities are based on existing and projected populations. The DWP Overlay District has no influence on population projections because it does not change permitted density within residential plan designations. The DWP Overlay District does not influence the ability of the park district to acquire land for parks. Goal 9: Economic Development This goal is intended to preserve and enhance economic development activities. The DWP Overlay District is designed to reduce the risk of groundwater contamination by hazardous materials, thereby keeping Springfield's drinking water pure. This result should have a positive effect on the city's livability ratings and the attraction of commercial and industrial development. These factors should enhance marketing the city's economic opportunities. Goal 10: Housing This goal states: "to provide for the housing needs of citizens of the state." The DWP Overlay District would have no effect on housing supply or opportunity. Goal 11: Public Facilities and Services This goal states: "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." The DWP Overlay District incorporates existing as well as potential future wellheads into the areas of protection from contamination. Goal 12: Transportation This goal states: "To provide and encourage a safe, convenient and economic transportation system." The DWP Overlay District does not impact the transportation system. Goal 13: Energy Conservation This goal states: "Land and uses developed on the land shall be managed and controlled so as to maximize the conservation of all forms of energy, based upon sound economic principles." The DWP Overlay District is intended to reduce the risk of groundwater contamination. To the extent that this community will not have to seek new wells or other sources of drinking water as a result of the District, a form of de facto energy savings is realized. . . . Page 7 Jo. No. 99-09-219 Goal 14: Urbanization This goal states: "To provide for an orderly and efficient transition from rural to urban use." The DWP Overlay District is designed to be used in conjunction with Site Plan and Minimum Development Standards. These apply mainly to commercial and industrial properties. Only residential properties wO!Jld be allowed to develop without annexation, therefore consistency with the provision, timing and capacity of rural to urban conversion is not affected by the Overly District. Goal 15: Willamette River Greenway There are no DWP Overlay zones within the Willamette River Greenway. Goal 16: Estuarine Resources; Goal 17: Coastal Shorelands; Goal 18: Beaches and Dunes; and Goal 19: Ocean Resources These goals do not apply within the adopted, acknowledged Eugene-Springfield Metropolitan Area General Plan. . . . Page 8 Jo. No. 99-09-219 FINDINGS IN SUPPORT OF JOURNAL NUMBER 99-09-219 DRINKING WATER PROTECTION OVERLAY DISTRICT Adoption of Article 17 of the Springfield Development Code (SDC) creates a Drinking Water Protection Overlay District (DWP). The regulations within the DWP Overlay District supplement the regulations of the underlying district. Upon adoption of Article 17, all land within the DWP Overlay District will be rezoned to add the DWP overlay designation. SPRINGFIELD DEVELOPMENT CODE CRITERIA Section 12.030 of the Springfield Development Code established standards used in granting zone changes. In reaching a decision on these actions, the Planning Commission or Hearings Official shall adopt findings which demonstrate that all of the following criteria have been addressed: (1) Consistency with the Metro Plan Text and Diagram; (2) Consistency with applicable Refinement Plans, special study area studies and functional plans; and (3) That the property can be served by the orderly and efficient extension of key urban facilities and services as prescribed in the Metro Plan prior to or in conjunction with development. 1. Consistency with the Metro Plan Text and Diagram: The Springfield Drinking Water Protection Plan was adopted as a functional plan intended to carry out policies of the Metro Plan. The Plan is a work task in the Metro Plan Periodic Review Work Program. Springfield's service population exceeds 10,000 people that rely on groundwater as the primary source of drinking water. As such, the delineated drinking water protection areas identified in the Plan qualify as significant groundwater resources and must be protected to comply with Statewide Planning Goal 5 (OAR 660-23-140). To comply with Goal 5, Springfield must adopt comprehensive plan provisions and land use regulations, consistent with all applicable state-wide goals, that reduce the risk of contamination of groundwater, following the standards and requirements of OAR chapter 340-40-180. As part of the Periodic Review requirement, the DWP Overlay District is an implementation measure for the Drinking Water Protection Plan. The DWP Overlay District is in conformance with the following Metro Plan statements: . . . Page 9 Jo. No. 99-09-219 The Environmental Resources Element Findings on III-C-3: 10. Known and potential groundwater pollution exists in the metropolitan area. Known and potential sources of groundwater pollution include septic tank wastes; industrial, commercial, and residential runoff; leakage from sanitary sewer pipes; leaking from sanitary landfills; agricultural non-point sources (spraying and animal wastes); chemical and petroleum spills, and natural contaminants (arsenic). 11. Beneficial uses of groundwater in the metropolitan area include domestic and municipal water supplies, industrial supplies, and domestic and commercial irrigation. The value and 'frequency of these uses varies among incorporated, urbanizable and rural areas. Goals on III-C-6: 1. Protect valuable natural resources and encourage their wise management, use and proper reuse. 4. Provide a healthy and attractive environment, including clean air and water, for the metropolitan population, Objectives on III-C-6 and III-C-7 1. Maintain the benefits associated with environmental resources in an urban setting. Those resources include ...clean air and water.... 3. Improve and maintain air and water quality to meet federal, state and local . standards. 4. Minimize problems associated with water quantity and noise. Policies on III-C-10 20. In order to improve water quality and quantity in the metropolitan area, local governments shall consider developing regulations or instituting programs to: a. increase 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 control drainage and erosion and to manage storm runoff; . . . Page 10 Jo. No. 99-09-219 e. utilize natural and simple mechanical treatment systems to provide treatment for contaminated runoff waters; g. minimize use of toxic substances; and h. minimize the negative effects of chemical and petroleum spills. 21. Positive steps shall be taken to protect the Springfield municipal groundwater supplies along the McKenzie River and the middle fork of the Willamette River. 22. Local governments shall continue to monitor, to plan for, and to enforce applicable air and water quality standards and shall cooperate in meeting applicable federal, state, and local air and water quality standards. The Economic Element Implicit in the goals and objectives that follow is the premise that the economic health of the area is integrally related to the quality of life for residents. Improved welfare of the residents of the metropolitan area, measured by increases in employment opportunities and reductions in unemployment, increases in real incomes, and improved environmental quality are the ultimate goals of all economic efforts. Economic growth or industrial expansion is acceptable when it is consistent with these goals and objectives. (1I1-B-1 ) Findings on III-B-2 10. The healthful environment of the metropolitan area can help attract industrial development, hold workers, and attract convention- and tourist-related economic activities. The concern for clean air and water is high priority with area residents. 2. Consistency with applicable Refinement Plans, special area studies and functional plans: Refinement plans refine and augment the Metro Plan. Should inconsistencies occur, the Metro Plan is the prevailing policy document (Metro Plan, 1987, p.IV-3). The Metro Plan continues to undergo periodic review to ensure continued compliance with Land Conservation and Development Commission goals. Preparation of a drinking water protection plan was one of the periodic review work tasks assigned to Springfield to comply with Goal 5. The DWP Overlay District is an implementation measure for the adopted Springfield Drinking Water Protection Plan and, as such, is a periodic review requirement. The Drinking Water Protection Plan was adopted as a functional plan intended to carry out policies of the Environmental Element of the Metro Plan. The DWP Overlay District implements and is consistent with this plan. . . . . , Page 11 Jo. No, 99-09-219 3. That the property can be served by the orderly and efficient extension of key urban facilities and services as prescri~ed in the Metro Plan prior to or in conjunction with development. Serving the land within the DWP Overlay District with the orderly and efficient extension of key urban facilities and services will not be effected by adoption of the Overlay District. The Public Utilities, Services, and Facilities Element of the Metro Plan considers the provision of water a key urban service. The purpose of the Overlay District is to protect from contamination the aquifers used as the potable water supply sources for the City of Springfield and keep them available for use.