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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: r-L 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- ~~~ .' , ' 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. ' ' , , 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 I I 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 , , 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 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:' . , . (a) restrlctorprohibit the use 'of hazardous materials which are potential groundwater contaminan(s; , , '. 1-3 (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 , ' (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 1-5 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 1-7 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 , ' . 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. .' 1-8 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. 1"10 (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.). .. 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. , · 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. 1-12 (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; . , 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 1-14 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; , , . " I 3. solid waSte landfills and transfer stations; 4, fill materials con~ining hldous materials; , I, . , 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 I, -. " 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. 1-16 (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." . - . . 1-17 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," , '1! "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." " , 1-18 ih. 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.' . , ,I 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. , APPROVED by the Mayor this _ day of May, 2000. Mayor 1-19 ATTEST: City Recorder " 1-20 I" ,:!