HomeMy WebLinkAboutAIS PLANNER 5/1/2000
AGENDA ITEM SUMMARY Meeting Date: May 1,2000
Meeting Type: Regular Session ~
Department: . Q,\'velopment Services ,
VStaff Contact:5..r"-g'jmmers ss:
S P R I N G FIE L D .StaffPhone No: x4611
C I T Y C 0 U N C I L Estimated Time: 30 minutes
ITEM TITLE: SPRINGFIELD DRINKING WATER PROTECTION OVERLAY DISTRICT (lo,
No. 99-09-219)
ACTION
REQUESTED:
ISSUE
STATEMENT:
ATTA"'filVml,rs:
DISCUSSION/
FINANCIAL
IMPACT:
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Conduct a public hearing and first reading oftheattached 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 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 Drinking Water Protection Plan, adopted in May, 1999, calls for a Drinking
Water Protection (DWP) Overlay District as an implementation piece for the 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.
Attachment I: Ordinance with commentary
A Drinking Water Protection Plan is a Springfield work task in the Metro 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. 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 Heath 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 and recommended approval of the Overlay District. The Council held a
Public Hearings on March 6 and April 3, 2000. The Public Hearing was continued
to May I. A second reading will be conducted on May 15. There is no immediate
financial impact to the City.
RECEIVED
--6~ l~_QO -
By: Al) -fD CL-
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ORDINANCE NO..'
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 OFTRAVEL ZONESj REVISING'
THE SPRINGFIELD DEVELOPMENT CODE BY AMENDING ARTICLES 2, 3, .
14, AND 15 AND APPENDIX Ij AND REZONING PROPERTIES WITHIN THE
ZERO TO TWENTY YEAR :rIME OF TRAVEL ZONES. ' '
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THE CITY OF SPRINGFIELD.DOES.ORDAIN AS FOLLOWS: '
Section 1. Article 17 Drinking Water Prote~tion (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 WITIllNTIME OF TRAVEL
,ZONES ' ,
17.080 CONDITIONS OF APPROVAL '
17.090 APPEALS
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ATTACHMENT 1-1
ARTICLE 17
DRINKING WATER PROTECTION (DWP) OVERLAY DISTRICT
17.010 GENERAL'
(1)
. '
The DWP Overlay Districtregulations supplement the regulations ofthe
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)
Warning and Disclaimer of Liability. The degree of aquifer protection
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required by this Article in the areas designated in Section 17.040 is based on
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scientific and engineering considerations. The nature of these considerations
is such thatthe exact boundaries of Time.of Travel Zones-(TOTZ) have an
associated uncertainty thaI renders conclusions based on them to be
estimates. Under no conditions should th,is 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 haimful 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) pro~ide standards for hazardous ~aterials within the TOTZ.
(2) In order to accomplish this purpose, the DWPOverlay District includes
, methods and provisions to:' .
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(a) restrlctorprohibit the use 'of hazardous materials which are potential
groundwater contaminan(s; ,
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(b) set startdards for the storage, use, handling; treatment, and production of
haZardous materials within TOTZ; and
(c) review new or expanded haZatdous material uses, '
17.030 APPLICABILITY'
Upon the effective date ofthis ordinance, all areas within specified wellhead TOTZ
within the c;ity 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 ort the Drinldng Water Protection Area Maps, hereby inco!"porated
by reference. . .
17.040 TIME OF TRAVEL ~ONES
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(1) The DWP Overlay Districtincludes four TOTZ: 0-1 year; 1-5 years; 5-10
years; and 10-20 years, The locations ofth.e'TOTZ for each wellhead ate.
shown on Dririking Water Protection Area Maps kept on file withth,e City ,
of Springfield Development Services, Public Works, and Fire and Life
Safety Departments; and Springfield Utility Board (SUB) and Rainbow
Water Distrilit (RWD). ' . ,
(2) ''The areas within specified wellhead TOTi are thosedrinkirig water,
" proi~ction areascertified'by'the O~egonHealth Division, under th~ Oregon
" . , -. .
Adniinistrative Rules that apply to Oregon's EPA-approvedDrinkiIig Water
Protection Program, in Oregon Health'Division Delineation Certification '
#0002R, March 18, 1999,
(3) In determining the' location of a property within a TOTZ, the following
,criteria shall apply: '
(a)' The Lane County Department of Assessment and Taxation maps shall
be used as a base'map with the addition of TOTZ boundaries. .
(b) That portion of a tax lot that lies Within a TOTZ shall be governed by
the restrictions applicable to that TOTZ, '
(c) Tax lots having parts' lying within more than one TOTZ shall be
governed by the standards of the more restrictive TOTZ.
EXCEPTION: The Director may waive the requirement that the more
restrictive standards apply when all of the following apply:
1. Storage, use, handling, treatment, and/or production of hazardous
materials will not take place within the portion of the tax lot having the
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more restrictive TOTZ standards; and
2. Storage, use, handling, treatment, and/or productio'n of hazardous
materials will not take place within 50 feet of the portion of the 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 ~e 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-approvedDrinking.Water Protection Program.
17.050 REVIEW.
(1) A DWP Overlay District Development Application shall b~ submitted when: '
(a) there is a change ofland use, occupancy or tenancy of a property,
including but not limited to a change from vacant to occupied, or
(b) during the Building Permit process, or ,
(c) in conjunction with any development application including but not.
limited to Site Plan review and Minimum Development Standards, and
'when: .
(i) the above action(s) will affect the storage, use, and/or production of
hazardous materials, or
(ii) the above action(s) will increase the quantity of hazardouS materials
stored, used and/or produced.
(2) Prior to the submittal of a DWP Overlay District Development Application,
an exemption request may be submitted to the Director, See I ~,060(2)(a).
(3) DWP Overlay District applications shall be reviewed under Type I
procedures. ' ,
(4) Prior to undertaKing an activity covered by subsection (I) of this section, the
owner or tenant shall submit a DWP Overlay District Application to the City
" for review and approval. Applications shall include the following
information:
(a) ,a Hazardous Material Inventory Statement and a Material Safety Data
Sheet for any or all materials entered in the Statement unless exempted
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under 17.060 ofthis article. Hazardous material weights shall be
converted to volume measurement for purposes of determining
amounts - 10 pounds shall be considered equal to I gallon in
conformance with Uniform Fire Code 800\.15.1;
(b) a list of the chemicals to be monitored through the analysis of
groundv.:ater 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, treatment, use or production of hazardous
materials in quantities greater than the maximum allowable,amounts as ,
stated in 17.070(1)(a);
,(d) a description.ofthe 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 unautJ:ori~d release of a hazardous material; .
(f) ,a description of the procedures for inspection and maintenance of. '
, cOli.tainment devices and emergency equipment;
(g) ,a description of the plan for disposition of unused hazardous materials
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. or hazardous material waste products over the maximum allowable
. amounts including the type of transportation, and proposed routes,'
(5) 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. '
. (6) A complete DWP Overlay DistrictDevelopment application together with
all required materials shall be accepted by theDitector 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.
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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 uriless 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
Directoiin consultation with SUB, ar~ exempt from all regulation
under this Article, with the exception of the potential requirement
to list these hazardous materials on the Hazardous Matenal' '
Inventory Statement as found in the most recent Fire Code
regulations adopted by the City.
A Hazardous Materials Exemption Request may be submitted to
the Director for Hazardous Materials that can be demonstrated to
pose no threat to the aquifer. These materials may be exempted'
from regulation and added to the list. The demonstration of no
threat is the responsibility of the applicant seeking the exemption
and will be subject to review by technical experts,
(b) Hazardous materials offered for .sale in their original sealed
, containers of five (5) gallons or less shall be exempt from the 500
gallon storage limit set in 17,070(I)(a). .
(c) Hazardous materials in fuel tanks aild fluid reservoirs attached to
(i) a private or commercial motor veliicle and used directly in the
motoring operation ofthatveliicle, 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.
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(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 gl,lS distribution lines,
(i) , Fuei'for emergency generllctors located at facilities ~hat provide
essential cortrmunityservices (hospitals, fire/life safety, police, '
public shelters, telephone systems etc.).
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G) .Any commonly used office supply - such as correcting fluid for
typewriters, toner for computerprinters oLcleaners 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 D.WP OVERLAY DISTRICT
APPLICATIONS WITHIN TIME OF TRAVEL ZONES
Applications shall comply with the following standards, When: the following standards
are more restrictive than the standards of the Uniform Fire Code, the following standards
shall apply:
(1)
0-1 yearTOTZ Standards.
(a) Within the 0-1 year TOTZ, hazardous'materials may be stored in
aggregate quantities of no more than 500 gallons if in original
containers not exceeding 5 gallons. in size. Within that aggregated 500
, gallon inventory, no more than 150 gallons of hazardous materials may
be on the premises in opened containers for handling, treatment, use
, production, or dispensing on site. Hazardous materials shall be allowed
only upon compliance with containment and safety standards set by the
most recent Fire Code adopted by the City.
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· 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.
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(b) All hazardous materials shall.be stored in areas with approved'
secondary containment in place (Uniform Fire Code Articles 2 arid
8003.1.3.3).
(c) All new uses of Dense NOI)-AqueousPhase Liquids (DNAPLs) shall be
prohibited.
(d) Any change in type of use or an increase in maximum daily inventory
quantity of any' DNAPL shall be' considered ~ new use and shall be
prohibited. .
(e) The following certain types of new faCilities or changes in use and/or
storage of hazardous materials shall be prohibited:
I. underground hazardous material storage facilities; ,
,2. hazardous material product pipelines used to transport the
hazaidOlis material off of the tax lot where it is produced or used;
3, inJection wells, except dry .welis for roof drain~ge;
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4. solid w~te landfills and tran~fer stations; ,
5. filrmaterials containillg haZardous materials;
6. land 'uses and new facilities that will use, store, treat, handle, and/or
produceDNAPLs. ,
,(t) Requirements found in Uniform Fire Code Appendix II-E 3.2.6 fora
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
fotall amounts,ofhazardoUs materials 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
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per 1,000 square feet.
(2) 1-5 year TOTZ Standards.
(a) The storage, handling, treatment, use, application, or production or
otherwise keeping on premises of more than 20 gallons of hazardous
materials 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) Ali 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 DNAPLs shall be prohibit~d,
(d) Any change 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 ~acilities .or changes in chemical use
and/or storage shall be prohibited: '
: 1. h~dous material Product/PiPelines used to transport the
hazardous material off of the tax lot where it is produced or used;
2. injecti~n wells: except dry tellS for roof drainage; , ,
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3. solid waSte landfills and transfer stations;
4, fill materials con~ining hldous materials;
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5. . land uses and new faci1itie~ that will use, store! treat hmidle, and/or
produce DNAPLs,' ' I '
Requirements found in Uniform Fire Code Appendix II-E 3.2.6 for a
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monitoring program and in 8093.1.3.3 for monitoring methods to detect
hazardous materials in the secrindary oontilinment system shall be met .'
for all amounts of hazardous materials.
(f)
(g)
Requirements found in Uniform Fire Code Appendix II-E SectionJ.2.7
for inspection and record keeping procedures for monthly in-house
, inspection arid maintenance of containment and emergency equipment
for all amounts of hazardous materials shall be met.
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(3) 5-10 year TOTZ Standards.
(a)' The storage, handling, treatment, use; proquction or otherwise keeping
on premises of more than 20 gallons of hazardous materials 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 shall be stored in areas with approved
secondary containment in place (l.Jniforrn fire Code Articles 2 and
8003.1.3.3).' '
(c) All new use ofDNAPLsshall bepiohibited,
(d) , Any change in type of use or an increase ip 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 contairiment and emergency equipment
for all amounts of hazardous materials shall be met.
(4) 10-20 year TOTZ Standards. The storage, handling, treatnient, use,
production or keeping on premises of more than 20 gallons of hazardous
materials in aggregate quantities not containingDNAPLs shall be allowed
only upon compliance With containment and safety standards set by the most
recent Fire Code adopted by the City. :i
17.080 CONDITIONS OF i\PPROVAL
The Director may attach <:onditions of approval that will mi1imi.ze negative impacts of
. regulated substances on groundwater and ensure that the facility or the proposed
development can fully meet the standards specified in SeC.til)ll 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 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 specified in Section 15.020 of this Code."
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Section 2. Article 2 "DEFINITIONS", Section 2.020'''MEANING OF SPECIFIC
WORDS AND TERMS", of the Springfield Development Code is hereby amended by
ad.ding the following language:
"AQUIFER: A geologic formation, group offormations, or,part ofa formation that is
,capable of storing and transmitting water insufficient quantity to supply wells or springs."
"DELINEATION (from Oregon Health Department rules)::The determination of the
, extent, orientation, arid boundaries of a wellhead protection area using factors such as
geology, aqujfer 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 I), 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,DNAPLchemicals"are defined as "all
chemicals displaying the characteristics of a DNAPL chemical or a: material containing a
'substance considered a DNAPL chemical." A list ofDNAPLs regulated within the
Drinking,Water Protection Overlay District shall be as adopted by SUB on November 10,
1999."
"HAZARDOUS MATERIALS: Those chemicals,or substances which are physical or
health hazards as defined and classified in Article 80 of the Uniform Fire Code as
adopted or amended by the City whether the materials are in usable or waste condition.
"PIPELINE: A line of pipe with pumps, valves and control devices for conveying .
liquid, gasses or finely divided solids."
"TIME OF TRAVEL ZONE (TOTZ): The area mapped pursuant to Oregon Health
Division Delineation Certification #0002R which identifies:the time it takes ground water
to flow to a given well or wellfield." .
"WELLHEAD PROTECTION: Implementation of strategies within a wellhead
protection area to minimize the potential impact of contaminant sources on the quality of
groundwater used as a drinking water source by a public water system," ,
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"WELLHEAD PROTECTION AREA: A Drinking Water Protection Area for a
groundwateNlupplied drinking water source."
Section 3. Article 3, "DEVELOPMENT APPROVAL AND LAND USE
DECISION PROCEDURES", of the Springfield DeveloPI11ent Code is hereby amended
, by adding the following subsection 3,070(1 )(n): . "
"(n) Drinking Water Protection Overlay District developm~nt."
"
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Section 4. Article 14, "PUBLIC HEARINGS", ofthe Springfield Development
Code is hereby amended by adding the following subsection 14.010(2)(d):
"(d) Appeals of Springfield Development Code Section 17.q60."
SectionS. Article 15, "APPEALS",Section IS.020(S)(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", of the Springfield Development Code is hereby amended by adding the' .
following language:
(Application) "DWP Overlay District Development", (City Limits fee) "$405.00 (#)",
(Urban Growth Boundary fee) "$405.00 (#)".
Section 7. The recommendation 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 ofthis action.' . ,
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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 10. Ifimy section, subsection, sentence, clause, phrase, or portion of this
Otdipance 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 ~day of
May, 2000 by a vote of _ for and _ against.
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APPROVED by the Mayor this _ day of May, 2000.
Mayor
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ATTEST:
City Recorder
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