HomeMy WebLinkAboutApplication Applicant 10/19/2023City of Springfield
Development & Public Works
225 Fifth Street
Springfield, OR 974771k
SPRINGFIELD
LAND USE COMPATIBILIITY STATEMENT (LUCS), DEPARTMENT OF
MOTOR VEHICLES (DMV) and ZONING VERIFICATION LETTER
Application form
Permit Type
Dept of Motor Vehicles -New: ❑ Land Use Compatibility Statement: ❑✓ City: ❑
Dept of Motor Vehicles -Renewal: ❑ Zoning Verification Letter: ❑ UGB: ❑✓
Project InformationA'l
Applicant Name: Amy Chinitz Phone:541-726-2396
Company: Springfield Utility Board E-mail: amyc@subutil.com
Address: 202 South 18th Street, Springfield, OR 97477
Property Owner: Springfield Utility Board
Phone: 541-726-2396
Company: Springfield Utility Board E-mail: amyc@subutil.com
Address: 202 South 18th Street, Springfield, OR 97477
ASSESSOR'S MAP NO: 18030100 TAX LOT NO s : 3000, 3201, 2900, 1302
Property Address: 1295 South 26th Street
Description of proposal/ request:
Springfield Utility Board plans to construct a new municipal drinking water well at its Willamette Wellfield. The proposed Well #16
will be located approximately 50 feet from the well it is replacing (Well #15). As part of its plan review for the proposed new well,
the Oregon Health Authority requires this LUCS.
Record Information (Staff to • •
Record No: W1 1—x3:L-1—.
Date Received: 1U
Application Fee: Sq5
Technical Fee: l q.
TOTAL FEES:l Assigned Planner:
Revised 2023 04 04 slm
PUBLIC HEALTH DIVISION
Drinking Water Services
ti•
Land Use Compatibility Statement
a I'th
Certain plan review approvals for drinking water projects have been identified by the
Land Conservation and Development Commission as Class B permits affecting land
use. The Oregon Health Authority is therefore required by ORS 197.180, OAR 660,
division 30, OAR 660, division 31, the Oregon Health Authority's approved State Agency
Coordination Program, and OAR 333-061-0062 to ensure that projects defined in OAR
333-061-0062(1) conform with statewide planning goals and are compatible with city.
and county comprehensive plans and land use regulations. In order to ensure such
compatibility, this form or other acceptable documentation and necessary attachments
must accompany each applicable set of project plans submitted to the Oregon Health
Authority for review.
General Information
Project Title Springfield Utility District Well 16
Applicant Springfield Utility Board (PWS ID OR41-00837)
Name of Water System
Type of Project New Municipal Supply Well
Treatment, Transmission, Storage, Distribution, New Source, etc.
Project Contact Person Amy Chinitz, Water Resources Administrator, Springfield Utility Board
Engineer, Owner, etc., including title
202 South 18th Street
Mailing Address
Springfield, OR 97477
City, State, Zip Code
AmyC@subutil.com
Email Address
541.744.3745
Phone
The local government entity* having comprehensive planning authority over the site of
the proposed project is:
Agency Name City of Springfield
Address 225 Fifth Street, Springfield OR
Phone 541-726-3753
Zip 97477
(*If the proposed project is located within the jurisdiction of more than one
planning authority, all entities must certify compatibility.)
(Continued on B
revised 7/9/20
Complete either part A or part B.
✓❑ A. Land Use Compatibility Determination - Planning Authority Statement
(to be completed by local planning authority)
I certify that this project has been reviewed for compatibility with:
• The acknowledged comprehensive plan and land use regulations.
■ Statewide planning goals. The goals apply because conditions
described in OAR 660-31-0025(3) exist.
I find that this project (check one) ❑✓ IS compatible
❑ IS NOT compatible
Attach appropriate land use decision(s) written findings as required in ORS 215.416
(8) or (9), or 227.173 (1) or (2), or OAR 660-31-026.
Signature
Print Name
Title
Date
❑ B. Request for Conditional Plan Review Approval, Pending Land Use
Compatibility Determination (to be completed by applicant)
I hereby certify that I have applied to the local government entity cited on
page 1 for a determination of compatibility with the local acknowledged
plan or the statewide planning goals as applicable. I hereby request that the
Authority issue a conditional approval of the plans with the understanding
that issuance of said approval is not a finding of compliance with the
statewide planning goals or compatibility with the applicable,
acknowledged comprehensive plan and land use regulations, but is
conditional upon the applicant receiving a land use approval from each unit
of local government. I understand that final plan review approval for this
project will not be effective until and unless the Oregon Health Authority
receives a signed copy of the land use approval and determines it to be
complete and adequate.
Signature
Print Name
Title
Date
revised 7/9/20
SPRINGFIELD HEARINGS OFFICIAL
REQUEST TO APPLY THE DRINKING WATER PROTECTION OVERLAY
DISTRICT TO MULTIPLE PROPERTIES WITHIN THE SPRINGFIELD URBAN
GROWTH BOUNDARY
Application Summary
On September 20, 2021 the Springfield Planning Director, on behalf of the City of Springfield
and the Springfield Utility Board, submitted an application to rezone multiple properties within
the Springfield Urban Growth Boundary with the Drinking Water Protection Overlay Distlict.
Notice went out to the owners of the 54 affected properties and owners and occupants of
properties located within 300 feet of the affected properties on October 6, 2021. Legal notice was
posted in the Register Guard on October 7, 2021.
Under SDC 5.22-110, zoning map amendments are processed under a Type III procedure when
the amendments involve the application of existing policy to a specific factual setting and
generally affect a single or limited group of properties. The present request involves the
application of existing policy regarding the DWP Overlay District to the specific and closely -
circumscribed factual setting of UGB expansion areas. This application is subject to a Type III
review by the Hearings Official pursuant to SDC 5.1-135, SDC 5.2-110.B.2 and SDC 5.22---100.
Interested Parties
City of Springfield
Application History
Application Submitted:
Hearing Date:
Decision Date:
Appeal Deadline
Rainbow Water District
September 20, 2021
October 27, 2021
October 29, 2021
Springfield Utility Board
Thus decision becomes effective with its mailing. An appeal must be filed within 21 days of it
becoming final to the Oregon Land Use Board of Appeals.
Statement of Criteria and Standards
Section 5.22-115(C) (SDC)
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October 29, 2021
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Background
1. The Applicants are the City of Springfield and the Springfield Utility Board (SUB). The
Applicant is requesting approval of a zoning map change that would apply Drinking
Water Protection Overlay District to several areas brought into the Springfield Urban
Growth Boundary in 2016. These properties are identified on Attachment 2 of the
October 20, 2021 staff report to the Hearings Official.
2. The City of Springfield adopted Ordinance 6361 in December of 2016. This ordinance
brought 54 properties, occupying 769 acres, into the Springfield Urban Growth Boundary
and into the Eugene -Springfield Metropolitan Area General Plan (Metro Plan) boundary.
This expansion was acknowledged by the Oregon Land Conservation and Development
Commission in March of 2019. (Approval Order 19-UGB401900) The properties
affected by Ordinance 6361 are generally described as being in the North Gateway area,
the Mill Race area, and the Willamalane Park Properties. These properties are graphically
identified in Attachment 3 of the October 20, 2021 staff report to the Hearings Official.
3. The Drinking Water Protection Overlay District (DWP) is an overlay zone in the
Springfield Development Code (SDC 3.3-200). This zoning district implements the
Springfield Drinking Water Protection Plan, which was adopted on May 17, 1999, by
establishing standards to prevent contamination of Springfield's water supply.
Springfield's drinking water supply originates from more than 30 wells owned and
operated by SUB or Rainbow Water District, which are recharged by aquifers underneath
Springfield's Wellhead Protection Areas. The DWP Overlay District outlines procedures
and standards for the use and storage of materials that are hazardous or harmful to
groundwater within the Wellhead Protection Area.
The Drinking Water Protection Plan recognizes that contaminants released within the
Wellhead Protection Area could migrate down to the aquifer and then travel to a well.
Accordingly, Wellhead Protection Areas are divided into Time of Travel Zones (TOTZs)
of 0-1, 1-2, 5-10, 10-20, and 20 -99 -years. The TOTZs indicate the calculated amount
of time it takes groundwater to move in that zone to the pumping well.
Decision
THE APPLICATION FOR A TYPE III ZONING MAP AMENDMENT (JOURNAL 811-19-
000302-TYP3) TO APPLY THE DRINKING WATER PROTECTION OVERLAY DISTRICT
TO THE PROPERTIES LISTED IN ATTACHMENT 2 OF THE OCTOBER 20, 2021 STAFF
REPORT IS APPROVED.
Justification for the Decision
The following are findings of fact that are relevant to the applicable approval criteria that are
found in SDC 5.22-115(C):
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October 29, 2021
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1. Consistency with applicable Metro Plan policies and lite Metro Plan diagrarrr;
Finding #1: Springfield Ordinance 6361 (2016) simultaneously expanded the Springfield UGB
and Metro Plan Boundary and applied the following Metro Plan designations to the affected area:
Urban Holding Area -Employment (UHA E); Public/Serpi-Public (P/SP); and/or Natural
Resource (NR). The affected area's base zones are either Agriculture -Urban Holding Area (AG)
or Public Land and Open Space (PLO) consistent with their plan designations. The request does
not involve a change in the underlying base zoning district of the affected area.
Ordinance 6361 includes findings that illustrate the necessity of applying the DWP Overlay
District to the UGB expansion areas prior to development. Relevant findings in Exhibit F of the
Ordinance to address compliance of the Comprehensive Plan with the Metro Plan. Examples of
relevant extracts from these findings are as follows:
"The proposed UGB expansion areas comprise environmentally sensitive
Drinking Water Source areas that Provide the City of Springfield's drinking
water. Development within Drinking Water Source areas is subject to the
Springfield Development Code Drinking Water Protection (DWP) Overlay
District, which will automatically apply when the UGB is amended. " Pg. 452
"Over the 20 year planning period, lands designated UHA-E will transition from
rural to urban and be developed with urban industrial and other employment uses
or public/semi-public uses. Therefore, land use planning and development
regulations applicable to the UGB expansion areas must be coordinated to ensure
that Springfields Drinking Water Source Areas are protected. " Pages 453-454
"The following findings and policies f rom the existing acknowledged Metro Plan
Public Facilities and. Services Element are applicable to Springfield land use
decisions. Thus, the findings and policies are related to the 2030 Plan
amendments, are provided in this report to demonstrate compliance with Goal I1
and Division 11 Public Facilities Planning, and to provide context for the 2030
Plan amendments": Pg. 478
Policy G.10 (Now G.11): "Continue to take positive steps to protect groundwater
supplies. The cities, County, and other service providers shall manage land use and
public facilities for groundwater -related benefits through the implementation of the
Springfield Drinking Water Protection Planr and other wellhead protection plans.
Management practices instituted to protect groundtvater shall be coordinated among the
City of Springfleld, City of Eugene, and Lane County. "
Exhibit E to Ordinance 6361 amends the Springfield Development Code to establish the
Agriculture - Urban Holding Area (AG) Zoning District to implement the Urban Holding
Area -Employment (UHA-E) and Natural Resource (NR) plan designation and 2030
The DWP Overlay District is one mechanism that implements these plans as described in Section 111, herein.
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October 29, 2021
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Urbanization Element policies. SDC 3.2-925: Agriculture — Urban Holding Area (AG)
Zoning District addresses placement of certain interim uses on a site so as not to impede
eventual urban development and extension of infrastructure by providing interim
standards for development. One such standard at SDC 3.2-925.D.6 requires an applicant
to demonstrate compliance with the DWP Overlay District upon submittal of future
development plans.
Lands added to the Springfield UGB are subject to the Environmental Resources Element of the
Metro Plan. The findings in Exhibit F to Ordinance 6361 identify that the DWP Overlay District
is consistent with the Environmental Resources Element's effort to address pollution control.
Environmental Resources Eiernent Policy C.25 states: "Springfield, Lane County, and Eugene
.shall consider doilmstream impacts when planning for urbanization, flood control, urban storm
water runoff, recreation, and water quality along the Willamette and McKenzie Rivers."
Similarly, Policy C.26 states: "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." Upon the requested amendment to the
Springfield Zoning Map, the DWP Overlay District will apply to the affected area consistent
with these Policies. Application of this Overlay District will result in the future implementation
of SDC 3.3-200 when development and/or certain redevelopment within the affected area is
proposed.
Finding #2: The Urbanization Element of the Springfield Comprehensive Plan was adopted as
part of Ordinance 6361 and is currently effective and acknowledged. It replaced Chapters II—C
and II—E of the Metro Plan. The Springfield Comprehensive Plan identifies the affected area as
appropriate for the DWP Overlay District and establishes a framework for the successful
implementation of the DWP Overlay District. Policy 10 is relevant as it states that plans and
zoning for land within the UHA—E designation shall support Employment districts that protect,
among other resources, Springfield's Drinking Water Source Areas and water quality and aquifer
recharge. In addition, Policy 5 supports the growth and development of Springfield in ways that
ensure the stability of Springfield's public drinking water supply.
Urbanization Element Policy 10 involves applying the DWP Overlay District to the affected
area, which contains land designated Urban Holding Area—Employment (UHA—E). Applying the
DWP Overlay District in the UGB expansion areas will allow properties within the affected area
to develop in accordance with Policy 10.
Finding 03: In 1995, Lane County and the cities of Springfield and Eugene jointly adopted a
work program to conduct periodic review of the Metro Plan. Preparation of the Drinking Water
Protection Plan was one of the tasks in the work program for compliance with Statewide
Planning Goal 5, which was adopted in 1999. Adopting the DWP Overlay District in the UGB
expansion areas was necessary to implement the goals and strategies of Springfield's Drinking
Water Protection Plan and is therefore consistent with the contents of the Metro Plan that apply
to Springfield after the adoption of Ordinance 6361.
Finding #4: Lands added to the Springfield UGB are subject to the Public Facilities and Services
Element of the Metro Plan and are subject to associated code requirements. Policy G. 7 of the
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Public Facilities and Services Element states: "Service providers shall coordinate the provision
offacililies and services to areas targeted by the cities far higher densities, infill, mixed arses,
and nodal development." Policy G.11. incorporated herein by reference, also applies. Consistent
with these policies, the City and SUB—with support from the Rainbow Water District—request
that the DWP Overlay District apply to the affected area before development and/or
redevelopment within the affected area occurs.
Conclusion: The proposed zoning map amendment is consistent with applicable Metro Plan
policies and the Metro PIan diagram.
2. Consistency with applicable Refinement Plans, Plan District maps, Conceptual
Development Plans and functional plans; and
Finding #S: The City's refinement plans do not apply to the affected area, as it is located outside
the boundaries of Springfield's refinement plan maps. There are no Plan Districts applicable to
the affected area or conceptual development plans for the affected area. This element of this
criterion does not apply to the request.
Finding 46: The Eugene -Springfield Metropolitan Area Public Facilities and Services Plan
(PSFP), Eugene -Springfield Transportation System Plan (TransPlan), and the Springfield 2035
Transportation System Plan (TSP) are the functional plans that address infrastructure
investments (i.e., water, stormwater, wastewater, transportation, and electricity) in Springfield.
The PFSP addresses the facilities and services needed in urban areas to provide service levels
necessary and suitable for urban uses (emphasis added). Upon expansion of the Springfield
UGB, the affected area was designated: Urban Holding Area—Employment (UHA-E), Natural
Resource (NR), or Public/Semi-Public (P/SP) and were zoned to correspond to their plan
designations (Attachment 2).
Areas added to the UGB for future development of employment uses were designated UHA-E
and zoned Agriculture—Urban Holding Area (AG). Though this holding area became added to
Springfield's urbanizable area upon UGB expansion, the AG Zoning District allows a subset of
rural uses that were permitted under Lane County's Exclusive Farm Use zoning at the time the
County's zoning applied to these properties. The request does not rezone any of the affected area
for urban uses, as it is limited to finalizing the necessary steps identified in the Springfield
Comprehensive Plan amendments (Ordinance 6361) to apply standards for protecting aquifers
used as sources of potable water supply through application of the DWP Overlay District. Prior
to a rezone that allows urban development above the level currently permitted under Lane
County zoning, the policies of the PSFP related to amending the PSFP will be considered as
required by the Urbanization Element of the Springfield Comprehensive Plan.'
The Public Facilities and Services Element of the Metro Plan relies upon and incorporates the
findings and polices of the PSFP.3 As demonstrated tinder the first criterion of approval at SDC
z Pages 469 - 473, Exhibit F to Ordinance 6361.
3 Metro Plan, p. III -G-1.
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October 29, 2021
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5.22-115.C.1, the request is consistent with the applicable policies of the Public Facilities and
Services Element of the Metro Plan and is also consistent with the PSFP.
Finding 7: The TransPlan serves as a functional element of the Metro Plan and remains
applicable only to regional planning. At the time of TransPlan's adoption in 2002, the affected
area was within the study area of the TransPlan and Metro Plan boundary but was outside the
UGB. The TransPlan identified one project in the affected area, the Mill Race Path, which was
complete in 2017. The TransPlan does not identify future construction projects in the affected
area.
Finding 8: The Springfield 2035 Transportation System Plan (TSP) replaced TransPlan as
Springfield's local's transportation system plan upon the TSP's adoption. The affected area is
outside the geographic scope of the Springfield 2035 TSP, which was adopted in 2014 before the
subject properties were incorporated into the Springfield UGB. As such, there are no TSP
projects in the affected area. Policies of the Springfield 2035 TSP are not affected by or directly
applicable to the application of the D WP Overlay District.
Conclusion: The proposed zoning map amendment is consistent with applicable Refinement
Plans, Plan District maps, Conceptual Development Plans and functional plans.
3. The property is presently provided spith adequate public facilities, services and
transportation networks to support the use, or these facilities, services and
transportation networks are planned to be provided concurrently with the development
of the property.
Finding 9: The UGB expansion established a "holding area" plan designation and corresponding
zoning allowing interim uses in the expansion areas consistent with the Public Facilities and
Services Element of the Metro Plan. The long-term plans for the UGB expansion areas are
employment uses, public facilities, parks/open space, and other natural areas. These planned uses
are the same uses the Public Facilities and Services Element assumed would occur in those areas.
At the time the Public Facilities and Services Element was acknowledged, the lands added to
Springfield's UGB were all within the Metro Plan. Boundary.
The existing uses on the subject properties are rural in nature. Upon its adoption, Ordinance 6361
did not automatically allow urban levels of development, Urbanization Element Policy 31 of the
Springfield Comprehensive Plan defines key urban facilities and services as those necessary to
serve planned urban (emphasis added) uses and densities. Consistent with Urbanization Element
Policies 30 3S, public facilities and services in Springfield's urban areas will be provided at
levels necessary and suitable for urban uses only after annexation to the City, as urban uses are
not permitted until after annexation. Annexation is an additional means to coordinate the orderly,
efficient development of urban facilities and services appropriate to the area.
Finding 10: Planning for adequate public facilities will be coordinated with future urbanization
of lands within the UGB expansion areas through future amendments to the TSP and PSFP as
consistent with the Metro Plan Public Facilities and Services Element and the Urbanization
Element policies of the Springfield Comprehensive Plan. The City and Lane County adopted
S 11-19-000302-TYP3
October 29, 2021
Page 7 of 8
Urbanization Element policies and land use regulations, which require urban levels of
development to demonstrate the adequacy of public facilities, services, and transportation
networks through a post -acknowledgement plan amendment (PAPA) process. For the land
designated Urban Holding Area -Employment (UHA1 E) and zoned Agriculture -Urban Holding
Area (AG), Urbanization Element Policy 37 of the Comprehensive Plan requires an update to the
PFSP prior to approval of a PAPA or zoning map amendment that permits urban development
above levels recently allowed under the Lane County zoning that was in effect prior to UGB
expansion. Urbanization Element Policy 38 requires a similar action for amendments to the TSP.
TSP amendments must occur concurrent with or prior to plan or zoning amendments to AG -
zoned land within the North Gateway and Mill Race expansion areas that will result in an
increase in trips over the levels permitted in the AG Zone.
Amending the zoning neap does not involve a change to the affected area's underlying zoning
districts. The amendment is limited to applying the DWP Overlay District. Accordingly, the
categories of uses currently allowed or prohibited by the Agriculture ---Urban Holding Area (AG)
and Public Land and Open Space (PLO) Zoning Districts will remain in effect.
Conclusion: The proposed zoning map amendment is consistent with SDC 5.22-115(C).3 in that
public facilities, services and transportation are planned to be provided concurrently with the
development of the properties subject to this application.
4. Legislative Zoning Map amendments that involve a Metro Plan Diagram amendment
shall.
a. Meet the approval criteria specified in Section 5.14-100, and
Finding 11: Section 5.14-100 outlines the procedures for amending the Metro Plan and specifies
that these amendments are reviewed under Type IV procedures. As noted above, the appropriate
procedure for this application is a Type III zoning map amendment. The request complies with
the provisions of the Metro Plan and SDC 5.14-100. Implementation of the DW Overlay
District does not require a change to the base zones of the affected area and the allowable uses
within the affected area by such zones. An amendment to the Metro Plan Diagram is not
required. Accordingly, SDC 5.22-115.C.4.a does not apply to the request.
b. Consply with Oregon Administrative Rule (OAR) 660-012-0060, where
applicable.
Finding 12: The Transportation Planning Rule (OAR 660-012-0060(1)) requires a local
government to establish mitigation measures if an amendment to a land use regulation—
including an amendment to a zoning map—would "significantly affect" an existing or planned
transportation facility. The parameters of OAR 660 -012 -0060(1)(a) -(c) determine whether the
requested zoning map amendment will significantly affect an existing or planned transportation
facility. Subsections (a) -(c) identify an amendment to a plan or land use regulation as having a
"significant effect" if it will result in a change to the functional classifications of existing or
planned transportation facilities (exclusive of correcting errors on a map), a change to the
811-19-000302—TYP3
October 29, 2021
Page 8 of 8
standards associated with such classifications, or will result in allowing types or levels of travel
that are inconsistent with the intended function of an existing or planned transportation facility
such that this travel would degrade its performance. The zoning map amendment does not
change any functional classifications under OAR 660-012-0060(1)(a), nor does it change the
standards for implementing the City's functional classification system under OAR 660-012-
0060(1)(b).
Finding 13: To determine whether a zoning neap amendment "significantly affects" a
transportation facility within the meaning of OAR 660-012-0060(1)(c), a local government
should compare the most traffic -generative use reasonably allowed in the current zone with the
most traffic -generative use reasonably allowed in the new zone. Applying the DWP Overlay
District to the subject properties does not change the properties' underlying zoning districts nor
does it materially change the uses that are allowed outright, conditionally allowed, or prohibited.
Accordingly, applying the DWP Overlay District to the subject properties does not change the
most -traffic generative uses reasonably allowed on those properties. The zoning map
amendment therefore does not result in any of the effects listed under OAR 660-0120060(1)(c).
The zoning map amendment will not "significantly affect" an existing or planned transportation
facility under OAR 660-012-0060(1)(a), (b), or (c) and thus complies with OAR 660-012-0060
as required by SDC 5.22-115.4.b.
Conclusion: The proposed zoning map amendment does not involve a Metro Plan Diagram
amendment and is consistent with OAR 660-012-0060 in that it does not significantly affect a
transportation facility.
Summary
A preponderance of the evidence supports a conclusion that the application of the Drinking
Water Protection Overlay District to the properties identified in Attachment 2 of the October 20,
2021 staff report is consistent with the applicable approval criteria of Section 5.22-115(C) of the
Springfield Development Code.
Respectfully Submitted,
Gary ' •niene
Springfield Hearing Official