HomeMy WebLinkAboutAIS PLANNER 3/6/2000
r,
I ,
,
\ 1
I
t. :r-
"
,
,-, ,~
"
",
,..,.II
RECEIVED
~-~oo
JLh6 -rn L~
~)e~
AGENDA ITEM SUMMARY
SP R I N G FIE L D
CITY' COUNCIL
Meeting Date:
Meeting Type:
Department:
Staff Contact:
Staff Phone No.:
Estimated Time:
March 6, 2000 By:
Regular S~ssion
Development Services
Sarah Summers
x4611
15 minutes
ITEM TITLE:
SPRINGFIELD DRINKING WATER PROTECTION OVERLAY
DISTRICT (10. No. 99c09-219)
ACTION REQUESTED: ADOPT THE FOLLOWING ORDINANCE: 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 THE"TIME OFTRAVEL ZONES;
REVISI~G THE SPRINGFIELD DEVELOPMENT CODE BY
AMENDING ARTICLES 2, 3, 14 AND 15 AND APPENDIX I; AND
DECLARING AN EMERGENCY:
ISSUE STATEMENT: The Drinking Water Protection Plan; adopted in May, 1999, calls for a
Drinking Water Protection (DWP) Overlay District as an implementation
piece for tlie Plan. The adoption of the DWP Overlay District is required to
complete the periodic review task and satisfy the Department of Land
, Conservation and Development requirements.
ATTACHMENTS: Attachment 1: Changes in wording to Article 17 since the work session
Attachment 2: Ordinance
DISCUSSION/ A Drinking Water Protection Plan is a Springfield work task in the Metro
FINANCIAL IMPACT: Plan Periodic Review Work Program. The Springfield Drinking Water
Protection Plan sets City policies for protection of its drinking water and has
been certified by the'Department of Environmental Quality (DEQ). The
proposed Drinking Water Protection, Overlay District (SDC Article 17) is
the major implementation measure of the Plan and will complete the periodic
review requirement. The adoption of Article 17 creates drinking water
protection zones which are those drinking water protection areas certified by
the Oregon Health Division.. The regulations within the DWP Overlay
District supplement the regulations of the underlying'district. Article 17'
establishes procedures and standards for new uses of hazardous materials
within the zones. The Springfield Planning Commission held a Public
Hearing on December 7, 1999. The Commission voted 6cO with one absent
to recommend approval of the Overlay District to the Council. Required
notice.has been given. There is no immediate financial impact to the City.
CHANGES IN WORDING TO PROPOSED ARTICLE 17
In response to CounciLcomments and input from the community, the following clarifications to
Article 17 have been included. The changes in wording do not change the meaning or intent of
the Article.
17040 (4)
The following was added to clarify the intent of that section:
(4) A property owner may request the TOTl be modified by submitting a lone Change
application to the City. Any request for modification of the TOTl shall be accompanied by
certification of the TOTl as proposed to be modified' by the Oregon Health Division, under the
Administrative Rules that apply to Oregon's EPA-approved Drinking Water Protection Program.
17.05011\ REVIEW
FROM:
Development proposals that include storage, use, handling, treatment, production, and/or
transportation of hazardous materials or which increase the quantity of hazardous materials
used or produced within the DWP Overlay District shall be reviewed under Type I procedures.
DWP Overlay District Development applications are typically submitted in conjunction with Site
Plan Review or Minimum Development Standards applications. Development approval within
the DWP Overlay District shall be obtained before any change of use, construction, increase in
production, storage or development begins.
TO: .
A Drinking Water Protection Overlay District Development Application shall be submitted in
instances (a) through (d) below that include storage, use, handling, treatment, production,
and/or transportation of hazardous materials or which increase the quantity of hazardous
materials used, stored or produced within the DWP Overlay District.
(a) when there is a change in use, occupancy or tenancy of a property, including but not limited
to a change from vacant to occupied,
(b) during the Building Permit process,
(c) when there is an internal alteration of a building that does not require a Building Permit, or
(d) in conjunction with any development application including but not limited to Site Plan review
and Minimum Development Standards (MDS)
DWP Overlay District applications shall be reviewed under Type I procedures. Development
approval within DWP Overlay District shall be obtained before any change of use, construction,
storage or development begins.
17.060(2)(f)
FROM:
Hazardous materials use'd, stored and handled by SUB, RWD and EWEB in water treatment
,
-
processes and water system operations.
TO: ,
Hazardous materials used and stored specifically for water treatment process'es of public water
systems, and private systems for the same purposes when approved' by the Director.
17.070(1)(d) and (2)(d)
FROM:
.
Any change in type of use or an expansion of any existing use involving any DNAPLs shall be
considered a new use and shall be prohibited.
TO:
Except those involving a decrease in use, .any change in type of use or an expansion of any
existing use involving any DNAPLs shall be considered a new use and shall be prohibited.
17mO!1\.@)2 and (2)M .
FROM:
hazardous material product-pipelines.
TO:
hazardous material product pipelines used to transport the hazardous material off of the lax lot
where it is produced or used; ,
Section 6. Fee Schedule
The fee was based on the'following:
Cost of Servi.ce
Drinking Water Overlay District Application
I STAff 'I STAfF HRLY I STAfF I OVERHD I INDlRECTS I TOTAL 75% COST
HOURS RATE TOTAL 10% 32% FEE RECOVERY
I PlannerIl 15 .29:00 'I 145,00 1160,00' 1210.00 I
I Supervisor II 134.00 I 34.00 ' I 37.00 I. 49.00 I
I Clerk III 13 18.00 I 5400 I 59.00 I 78.00 I
I Pllms II 32.00 I 32,00 I 35.00 I 46.00 I
Examiner
I Civil Engineer 12 34.00 I 68,00 I 75.00 I .98.00 I
I Fire Marshall II 143.00 I 43.00 I 47.00 I 62.00 I I
, TOTALS I 13 i 1$318.00 1$349,00 1$543.00 I $543.00 I $405.00
,(
ORDINANCE NO.,
(EMERGENCY)
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 ZONESj REVISING THE SPRINGFIELD
DEVELOPMENT CODE BY AMENDING ARTICLES 2, 3, 14, AND 15 AND APPENDIX
Ij AND DECLARING AN EMERGENCY.
, THE CITY OF SPRINGFIELD DOES ORDAIN AS FOLLOWS:
Section I. 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
17.060EXEMPTIONS
17 .070 STANDARDS FOR.HAZARDOUS MATERIALS WITHIN TJME OF TRAVEL'
ZONES .
17.080 CONDITIONS OF APPROVAL
, '
17.090 APPEALS
,
ARTICLE 17
DRINKING WATER'PROTECTION (DWP) OVERLAY DISTRICT
17.010 GENERAL
(I) 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 personnei, for any contamination that.
may result from reliance on this Article or any administrative decision made
under this Article.
17.020 DESCRIPTION
(I) The purpose o"fthe 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 use of hazardous materials
within TOTZ. The provisions ofthis 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, transport or otherwise have on premises substances
that pose a hazard to groundwater quality; and
(b) provide standards for hazardous materials 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;
(b) set standards for the storage, use, handling, treatment, transport and
production of hazardous materials within TQTZ; and
(c) review new or expanded hazardous material uses.
17.030 APPLICABILITY
The DWP Overlay District shall apply to all areas that are within the wellhead TOTZ
specified in 17.040 within the City and its urbanizable area.
17.040 TIME OF TRAVEL ZONES
(I) 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 on file with the City of
Springfield Qevelopment 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, under the Oregon
Administrative Rules that apply to Oregon's EP A-approved Drinking Water
Protection Program, in Oregon Health Division Delineation Certification
#0002R, March 18, 1999.
(3) In determining the location ofa 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:
I. Storage, use, handling, treatment, production, and/or transportation
of hazardous materials will not take place within the portion of the tax
. lot having the more restrictive TOTZ standards; and
2. Storage, use, handling, treatment, production, and/or transportation
~ofhazardous materials will not take place within 50 feet of the portion
.ofthe tax lot having more restrictive TOTZ standards; and
,1 I"
. -'.
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 EPA-approved I?rinking Water Protection Program.
17.050 REVIEW.
(I) A Drinking Water Protection Overlay District Development Applicatiori
shall-be submitted in instances (a) through (d) that include storage, use,
handling, treatment, production, and/or transportation of hazardous materials
or which increase the quantity of hazardous materials used or produced
within the DWP Overlay District.
(a) when there is a change of use, occupancy or tenancy of a property,
including but not limited to a change from vacant to occupied,
(b) during tj1e BUIlding Permit process,
(c) when there is an internal alteration of a building that does not require a
Building Permit, or
(d) in conjunction with any development application including but not
limited, to Site Plan review and Minimum Development Standards.
DWP Overlay District applications shall be reviewed under Type I
procedures. Development approval within the DWP Overlay District shall
be obtained before any change of use, construction, storage or development
begins. ,'.
(2) Applications shall include the following information:
(a) a Hazardous Material Inventory Statement and, upon request from the
. Director, a Material Safety Data Sheet for any or all materials entered in
the Statement. Hazardous material weights shail be converted to
vohime measurement for purposes of determining amounts - 10 pounds
shall be considered equal to 1 gallon in conformance with Uniform Fire.
. Code 8001.15.1; . .
(b) a list of the chemicals to be monit9red through the analysis of
groundwater samples and a monitoring schedule if ground water
monitoring is anticipated to be required;
(c) a detailed description of the activities conducted at.the facility that
involve the storage, handling, treatinent, use or production of hazardous
.materials in quantities greater than the maximum allowa1\le amounts as
stated in 17.070(l)(a);
(d) a description of the primary and any secondary containment devices
proposed, and, if applicable, clearly identified as to whether the devices
will drain to the storm or sanitary sewer;
(e) a proposed Hazardous Material Management Plan for the facility that
indicates procedures to be followed to prevent, control, collect and
dispose of any'unauthorized release of a hazardous material;
. (f) a description of the procedures for inspection and maintenance of .
containment devices and emergency equipment;
'(g) a description of the plan for disposition of-unused hazardous materials
or hazardous material waste products over the maximumallowable
amounts including the type of transportation, and proposed routes..
(3) For those development proposals requiring Site Plan Review or Minimum
Development Standards review as specified in Article 31 of this Code,
applications may be submitted concurrently.
(4) 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.
(5) The Director shall review the application and make a decision on the
application after consulting with the Building Official, Fire Marshall, Public
Works Director, and the managers of SUB and RWD, as appropriate.
r
17.060 EXEMPTIONS
This Article does not exempt any material or use from Fire Code regulations
adopted by the City of Springfield.
(I) Exemptions are as specified in this section unless the Director 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,
Hazardous Materials that can be demonstrated to pose no threat to
the aquifer 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 containers of
five (5) gallons or less shall be exempt from the 500 gallon storage
limit set in 17;070(l)(a).
(c) Hazardous materials in fuel tanks and fluid reservoirs attached to a
private or commercial motor vehicle and used directly in the
motoring operation of that vehicle.
(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 use~ 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 s~aled units
(transformers, refrigeration units, etc.) that are not opened as part
of routine use.
(h) LOClll 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.).
17.070 ST~NDARDS FOR HAZARDOUS MATERIALS WITHIN TIME OF
TRAVEL ZONES
Applications shall comply With the following standards:
(I)' 0-1 year TOTZ Standards.
(a) Within the O-Lyear TOTZ, no hazardous materials shall be stored,
handled, treated, used, produced, applied or' otherWise kept oil. premises
jn quanti tie,s of more than 500 gallons of regulated substances in
aggregate quantities. Of the 500 gallons, not more than 150 gallons in
aggregate quantities shall be present at anyone time that were produced
or treated or that will be used or dispensed on the premises. Containers
of hazardous materials exceeding 5 gallons in size shall not be allowed
to be stored on the premises.
(b) All hazardous materials 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) Except those involving a decrease in use, any change in type of use or
an expansion of any existing use involving any DNAPLs shall be
considered a new use and shall be prohibited.
(e) The following certain types of new facilities or changes in chemical use
and/or storage shall be prohibited:
I. 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.
(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 shall be met.
(h) Application of fertilizers containing nitrates shall be restricted to no
more than tl1e am9unt 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, transportation, or
production or otherwise keeping on premises of hazardous materials
shall be allowed only upon compliance with containment and safety
staJ:ldards set by the most recent Fire Code adopted by the City.
, '
(b) All hazardous materials 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 DNAPLsshall be prohibited.
(d) Except those involving a decrease in use,any change in the type of use
9r an expansion of any existing use involving any DNAPLs 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 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, aild/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.
(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 shall be met. .
(3) 5-10 year TOTZ Standards.
(a)
The storage, handling, treatment, use, transportation, production or
otherwise keeping on premises of hazardous materials 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 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)
Except those involving a decrease in use, any change in type of use or
an expansion of any existing use involving any DNAPLs shall be
considered.a new use and shall be prohibited.
,
,.
Requirements found in Unifdrm 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 shall be met. .
(e)
(4) 10-20 year TOTZ Standards. The storage, handling, treatment, use,
transportation, production or keeping on premises of hazardous materials
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 fulIy meet the standards specified in Section 17,070 of this Article.
These conditions ma)i include on-site monitoring wells, WelIhead Protection Area signs,
special stomi water facilities or other conditions to address specific risks associated with
the proposed development. ' .
17.090 APPEALS
The ol)ly portion of this Article that is subject to appeal is Section 17.060, Exemptions.
The appeal of a decision of the Director for Section 17.060 may.be appealed to the
Hearings Official under. Type III procedures as s]Jecified in Section 15.020 ofthis Code."
Section 2. Article 2 "DEFINITIONS", Section 2.020 "MEANING OF SPECIFIC
WORDS AND TERMS", of the Springfield Development Code is hereby amended by
adding the folIowing language:
"AQUIFER: A gc;ologic formation, group offorinations, or part ofa formation that is .
capable.of storing and transmitting water insufficient quantity to supply wells or springs."
"DELINEATION (from oregon Health Departmentmles): The determination of the
extent, orientation, and boundaries of a wellhead protection area using factor~ such as
geology, aquifer characteristics, well pumping rates and time of travel."
"DNAPL (Dense Non-Aqueous Phase Liquids): Chemicals that are denser -than-water
(specific gravity greater than I), have a low soluability rate, and degtadeslowly 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 "alI chemicals displaying the
characteristics of a DNAPL chemical or a material containing a substance. considered a
DNAPL chemical." A listofDNAPLs regulated within the Drinking Water Protection
Overlay District shall be as adopted by SUB on November 1.0, 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;
and any material that may degrade groundwater quality when ill!properly used, stored,
disposed of, or otherwise mismanaged."
"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 ml,lpped pursuant to Oregon Health
Division DelineationCertification'#0002R which,identifies the time it takes ground water
to flow to a given well or .welIfield."
"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", ofthe Springfield Development
Code is hereby amended by adding the following subsection 14.01O(2)(d):
"(d) Appeals of Springfield Development Code Section 17,060."
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 and DWP
Overlay District exemptions (17.060) shall be final. Appeals of the Hearing Official
.decisions shall be to the Oregon court of Appeals in accordance with applicable statutes
and regulations governing such appeals."
Section 6. Appendix 1, "DEVELOPMENT CODE FEE SCHEDULE", "TYPE I
REVIEW", ofthe Springfield Development Code is hereby amended by adding the
following language: u .
(Application) "DWP Overlay District Development", (City Limits fee) "$ (#)",(Urban
Growth Boundary fee) "$ (#)".
Section 7. The recommendation of the 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 of this Ordinance, the Springfield City Council
adopts Findings as set forth in Exhibit "B" attached, in support of this action.
Section 9. If any section, subsection, sentence, clause, phrase, or portion of this
Ordinance is for any-reason held invalid or unconstitutional by a court of competef,lt
jurisdiction, such portion shall be deemed a separate, distinct, and independent provision
and such holding shall not affect the validity ofthe remaining portions hereof.
Section 10. It is hereby found and dec1ared'that matters pertaining to the
protection of groundwater are matters affecting the public health, safety and welfare of
the City of Springfield, and 'that this Ordinance shall therefore take effect immediately
upon its passage by the Council and approval by the Mayor.
ADOPTED by the .Common Council of the City of Springfield this _day of
March, 2000 by a vote of ~ for and _ against.
APPROVED by the Mayor this _ day of March, 2000.
t'
Mayor
ATTEST:
City Recorder
'REVIEWED & APPROVED
~ ~~~C~fii~~ 'c\."~^,'''' ,>'
'cr. L-.1'2'1 \'2'-"CL'
",~ h...... .1-.......
rY-'i..:L!, ..' ,:-TORNEY
. .
BEFORE THE PLANNING COMMISSION
OFtHE
. CITY OF SPRINGFIELD, OREGON
REQUEST OF DRINKINGWATER +
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 andrezone land within the District,
Journal Number 99-,09"219, City of Springfield applicant.
,
2. The application was submitted in accordance Yiith 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 ofthe 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 Dey-elopment Code, The
requested zone change is consistent with thecriteria 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 J~urnal Number 99-09-
219, SDC Article 17 a'nd related SDC amendments and the lone Change Request, be
approved by the Springfield City Council. . .
. This RECOMMENDATION was presented to and appr
. December 7, 1999,
ATTEST I"
AYES: 10
NOES: 0
ABSENT: (
ABSTAIN:
FINDINGS IN SUPPORT OF JOURNAL NUMBER 99-09-219
SPRINGFIELD DEVELOPMENT CODE ADOPTION AND AMENDMENTS
Criteria o'f 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' RLiles.
The proposed adoption of Article '17 creates a Drinking Water Protection Overlay District
(DWP) for the purpose of protecting from contamination 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 Drinki,ng 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'ddnking 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, consis~ent 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 f?lIowing Metro Plan statements: ,
The Environmental Rp.~ntJrcp.s Element
.J
Findings on 1I1.~-3:
10.' Known ,and potential groundwater pollutio'n 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 n~tural 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 attractiv,e environment, including clean air and water, for
the metropolitan population.
Objectives ~~ 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 arid maintain air and water quality to meet federal, state and local
standards.
4: Minimize problems associated wjth 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 inductrial andconimercial operations to reduce
negative water quality and quantity impacts; .
c. regulate site planning for new dev'elopment and construction to better
control drainage and erosion and to manage storm runoff;
e. utilize natural and simple mechanical treatment systems to provide
treat~ent 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.
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. (l1I-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.
Criteria (2) Conformance with Applicable State Statutes
ORS 468B.150-180, ORS 468.035, ORS 468B.015(2) give statutory authority to
The Department of Environmental Quality (DEQ) foro\ferall administration of
Oregon's Wellhead protection Program as well as the final certification of the local
plans.
ORS 448.123(1 Hal. ORS 448.131 (2Hal. leI. ORS 448.160, and ORS ~72.525 allow
the Oregon Health Division IOHD). to provide for the delineation, contingency and
new w~lIs elements of wellhead protection.
'.
OHQ 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
othe;rwise encourage a'nd 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 p'ermit."
The Springfield Drinking Water Protection Plan and the DWP Overlay D{strict as an
implementation measure follow the DEQ and OHD ruies and guidelines as part of
Oregon's Wellhead Protection Program to protect sources. of local drinking water.
Page 4
Jo. No. 99-09-219
. 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 grpundwater 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,pe~ticidefherbicide
application, septic tanks, and surface water interaction. .
The delineation of the Sprin9field' aquifers al.'d wellhead protection areas have been
ce~tified by the Oregon' Health Division according to the provisions of OAR 340-40-
180. The Time of Travel Zones of th~ 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.
Goal 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.
I?age 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 Dri.riking Water
Protection Pan was one of the tasks in the Metro Plan work program to comply with
Goal 5. The DWP Overla'y 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 resources, 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: RecreauonalNeeds
Willamalane Park and Recreation District provides for the recreational 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 n() 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 contamin'ation.
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 ec()nomic 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.
.'.
P~ge 7
Jo. No. 99-09-219
Goal i 4: Urbanization
This goillstates: "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 would 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 Riv.er Greenway .
There are no. DWP Overlay zones within the Willamette River Greenway.
Goal '16: Estuarine Resources; Goal 17: Coastal Shorelands; Goal 18: B~aches and
Dunes; and Goa"/19: Ocean Resources
These goals do not apply wittliil 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 u'nderlying'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 a~opt findings which .demonstrate that all of the following criteria. have been
addressed:
(1) Consistency with the Metro Plan Text andDiagram;
(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 ou't 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 gro!Jndwater 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 chaRter 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
Findingson 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.
Thevalue 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 ...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-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 dev~lopment 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 arid shall cooperate in meeting applicable federal, state,
and local air and water quality standards.' .
The Economic Element
Implicit in the goals and objectives thaUollow is the premise that the economic health of
the area is integrally related to the quality of life for residents. Improved welfare of tne
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.
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 ofa 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 prescribed in the Metro Plan prior to or in
. conjunction with developr:nent.
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 lhem available for use. . .
I