HomeMy WebLinkAboutOrdinance 5962 05/15/2000
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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.
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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.
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(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
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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.
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(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
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(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.
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EXCEPTION: The Director may waive the requirement that the more
restrictive standards apply when all of the. following apply:
17.050(1) REVIEW
COMMENTARY
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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.
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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
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17.060(2)(a) EXEMPTIONS
Article 17 applies only to hazardous materials that could contaminate groundwater.
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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.
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(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.
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(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.
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(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
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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.
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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.
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. (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.
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(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
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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.
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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.
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(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.
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"(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
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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.
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. 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.
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(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;
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2. injection wells, except dry wells for roof drainage;
3. solid waste landfills and transfer stations;
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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.
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(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.
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(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
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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.
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"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."
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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 (#)".
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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:
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City Recorder
REVIEWED & APPROVED
A~ TO FORM \
~- '''':. '1 ~) L 'C'"-e- \~I
DATE: 5 <t 2aoo
(\i7F!CE OF CITY AITORNEY
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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:
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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.
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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.
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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.
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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.
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"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.
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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.
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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.
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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:
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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;
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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.
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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.