HomeMy WebLinkAboutAIS PLANNER 5/15/2000
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AGENDA ITEM SUMMARY 8>/:
~<,:..e; >>ate: May IS, 2000 ~
Meeting Type: Regular Sessio~_A -
Department: Development Services
Staff Contact: Sarah Summer~,O I
S P R I N G FIE L D Staff Phone No: x4611 - />'W\
C I T Y CO U N C I L Estimated Time: 10 minutes
ITEM TITLE: SPRINGFIELD DRINKING WATER PROTECTION OVERLAY DISTRICT (lo,
No. 99-09-219)
ACTION
REQUESTED:
ISSUE
STATEMENT:
ATTACHMENTS:
DISCUSSION/
FINANCIAL
IMPACT:
Conduct a second reading and adopt the attached 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: Changes to ordinance wording
Attachment 2: Ordinance with commentary
Attachment 3: Staffresponse to May I testimony
Attachment 4: City of Dayton Wellhead Protection Program
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 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, I 7
creates drinking water protection zones which are 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 that pose a risk to groundwater
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, April 3, and May I, 2000. There is no
immediate financial impact to the City.
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. CHANGES TO ORDINANCE 'WORDING
'Since May 1 Public Hearing
17.050 REVIEW.
'(I) A DWP Overlay DiSh-.ict Development Applicationi
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urr-'hen
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(i) there is,a change of land use, occupancy or tenancy of ~ property,
including but not limited to a 'chlinge from vacant to occupied; or
(ii) during the 'Building Permitpt~cess;or'r '
{ii'i)in conjunction with any development application including butnot
limited to Site Plan review andtvtiniJ,llUm Development Standards.
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(b) 'rJJ~ooo~~()il,tf3:),~QM~WiIl1
(i) affect the storage, use, iuid/or production of hazardousmatepals that pose
, a risk to groundwater;.or ' . ,
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(ii) increase the quantity of hazardous materials that pose a risk to '
groundwater that are stored, used and/or produced, '
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'(2) Prior to the submittal ofa DWPOverlayDistrict J;>evelopment Application, an
exemption request may be submitted to the Director. See 17.060(2)(a)...
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(3) 'DWP Overlay District applications shall be reviewed under'Type I procedures.
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(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. A,Pplications:sharl in~lude the following information: .,
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(a) a Hazardous Material Inventory Statemeht and a Matenal Safety' Data Sheet for
any or ali materials entered in the. Statement unless exempted under) 7.060 of
this article. Hazardous material weights shall be converted to volume
measurement.for purposes of determining amounts - 10 pounds shall be
consid~red equal to I gallon in conformance with Uniform F:ire Code
8001.15.1;' '.
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(b) 'a list of the chemicals to be monitored through the anaiysis of groundwater
samples and a monitoring schedule if groiindwater monitoring is anticipated to
be required;,
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(d)' Any diimge in.type of use or an increase in the maximum daily inventory
quantity of any DNAPL shall be considered a new use and shall be prohibited.
(e) Requirements found in Uniform Fire CodeAppendixII-E Section 3.2.7 for
inspection and record keeping procedures for monthly in-house inspection and
maintenance, of containment and emergency equipment for all amounts of
hazardous materials that pose a risk to,groundwater except those exempted,
, shall be met.' . '
(4) 10-20 year TOTZ Standards. The storage, handling, treatment, use, production or
keeping on premises of more than 20 gallons of hazardous materials that pose a risk
to groundwater in aggregate quantities not containing DNAPLs shall be allowed.
only upon compliance, with containment ana safety standards set by the most reqent
Fire'Code adopted by the City.
17.080 CONDITIONS OF APPROVAL
The Director may attach conditions <if approval that. will minimize negative impacts 'ofregulated
substances on groundwater and ensure that the facility or the proposed development can fully
meet the standards specified in S.ection 17.070 of this Article.
These conditions may include on:site monitoring wells, Wellhead Protection Area signs, special
storm waterfacilities or other conditions to address specific risks aSsociated with the proposed
development. .
17.090 APPEALS
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The only portions ofthis Article that are subject to appeal are'
9.~iJj~~Plt!j5,P..tll\afi<m, Section 17.060, Exemptions, and
The appeal of a decision of the Director may be appealed' to the Hearings Official under Type 111
procedu:esas specifieq in Section 15.020 of this Code." ,
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Sectio~ 2. Article 2 "DEFINITIONS", Section i020 ;'MEANING OF SPECIFIC
WORDS AND TERMS", of the Springfield Development Code is hereby amended by adding
the following language: . ..' .
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"AQUIFER: Ageologic formation, group offoniiations, or partofa formation that IS capable of
storing and transmitting water in sufficient quantity to.supply wells or springs," , '
"DELINEATION (from Oregon Health Department rules): The detyrmination of the extent,
orientation, and bOUl).daries of a wellhead protection area usi~g factors such as geology, aquifer
characteristics, well pumping rates and time of travel."
"DNAPL (Dense Non-Aqueous Phase Liquids): A group of hazardous materiais that are denser-
thancwater (specific gravity' greater than,l), have a low solubility rate, and degrade slowly to
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other compounds that are even more ofa health hazard. For the purpose of Spi-ingfield',s drinking
water protection, DNAPL' chemicals are defined as "all chemicals displaying the characteristics
of a DNAPL chemical or a material containing a substance considered a DNAPL chemical." A
list ofDNAPLs regulated within the Drinking Water Protectiori Overlay District~hall 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."
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"TIME OF TRAVEL ZONE-(TOTZ): The area mapp~d pursuant to Oiego~ Health Division
Delineation Certification #0002R which identifies the time it takes ground water to flow to a .
given well or wellfield.". . ' . ".. ' .
"WELLHEAD PROTECTION: Implementation ofstr~tegies 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 wa~er source."
Section 3. Article 3, "DEVELOPMENT APPROV ALAND LAND USE DECISION
PROCEDURES", ofthe Springfield Development Code is hereby amended by adding the '
following subsection 3.070(1)(n):
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"(n) Drinking Water Protection Overlay District develo~m.ent."
Section 4. Article 14, "PUBLIC HEARINGS", ofthe Springfield Development Code is,
hereby amended by adding thefollowing subsection 14.01O(2)(d): '
"(d) Appeals of Springfield Development Code Section
IDlPliViti9i!, Section 17.060 Exemptions, and
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Section 5. Article 15; "APPEAL~", Section 15.020(5)(b), "APPEALS OF THE
DIRECTOR'S DEqSION", of the Springfield Development Code is hereby amended to read as
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"(b) Decisionsby the Hearing Official regarding expedited land divisions shall be final.. Appeals
of the Hearing Official decisions shall be to the Oregon court gf Appeals in accordance with
applicable statutes and regulations governing such appea.ls.
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ORDINANCI): NO.
AN ORDINANCE ADDING ARTICLE 17 DRINKING WATER PROTECTION
(DWP) OVERLAY DISTRlCT'TO THE SPRINGFIELD DEVELOPMENT CODE
SETTING FORTH PROCEDURES AND STANDARDS FQR THE USEOF
HAZARDOUS MATERIALS WITHIN TIME OF TRAVEL ZONES; REVISING
THE SPRINGFIELD DEVELOPMENT CODE BY AMENDING ARTICLES 2; 3,
14, AND 15 AND APPENDIX I; AND REZON~NG PROPERTIES WITHIN THE'
ZERO TO TWENTY YEAR TIME OF TRA VELZONES. ' ' ,
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THE CITY 'oF SPRINGFIELD DOES ORDAIN AS FOLLOWS:,'
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Section 1'. Article 17 Drinking Water Protection (DWP) Overlay District is hereby
added to the Springfield Development Code, as described belo'i'/:
. "ARTICLE 17
DWP DRINKING WATER PROTECTION OVERLAY DISTRICT
17.010 GENERAL
17.020 DESCRIPTION
17.030 APPLICABILITY
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17.040 TIME OF TRAVEL ZONES
17.050 REVIEW
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17.060 EXEMPTIONS
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17.070ST ANDARDS FOR HAzARDOUS MATERIALS .WITHIN TIME OF TRAVEL
ZONES ' . ,
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17.080 CONDITIONS OF.,6J'PROV AL
'17.090 APPEALS
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ATTACHMENT"., 2~1
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ARTICLE 17
DRINKING WATER PROTECTION (DWP) OVERLAY DISTRICT
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17.010 GENERAL
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(I)
The DWP Overlay District regulations supplement the i-egulations of the
unqerlying district Where the regulations and permitted ~es of ail
undeilyingdistrict conflict with those of an over1.ay district, the more
restrictive standards shall apply.
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(2) Warning and DisClaimer of Liability, The degree of aquifer pr6tection
~equir~d by this ArtiCle in the areas designated in Section i 7,040 is based on
sciegtific and engineering considerations, The nature ofthese conside.rations
is such that the exactboundaries ofTime ofTravel Zones (TCiTZ) have an
. . associated uncertaiQty that renders conClusions based on them to lid '
estimates:' Under no conditions should this ArtiCle be construed,to guarantee:,
the purity or 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 n~~ult from reliance on this ArtiCle or,anyadministrative decisioi1made
under this' Article, ' '
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17.020 DESCRIPTION
(I) 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 hannful to groundwater withinTOTZ by new'and existing l~d'
uses requiring dev~lopmentapproval. The provisions of this , ArtiCle are'
. desigtied' to:', "', . , . . ,
(a) . prcitec~ th,eCi~'s dririking water supply which is ~btained from
" 'gro,undwater resources. from impacts by facili.ties that store,handIt:, d
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treat, use, produce, or otherwise have on premises substances that pose
, a hazard to. ?roundwater quality; and '
(b) provide standards for hazardous materials that pose a risk to groundwater
within the TOTZ.
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(2) , , In order to accomplish this purpose, thebWP Overlay District inCludes .
methods and provisions to:' '.'
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(a) .restriCt'~rprohibit the use of hazardous,materials which are p~tential
, " groundwater contaminants; .
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(b) set standards for the storage, use, handling, treatment, and production of
hazardous. materials that pose arisk to groundwater within TOTZ;'and
(c) reviewnew or expanded uses of hazardous material that pose a risk to
. gropndwater.
17.030 APPLICABILITY
,Upon the, effective date ofthis ordinance, all areas within specified wellhead TOTZ
within the City and its urbanizable area automatically are rezoned to add theDWP .
Overlay District to the. underlying district. The areas to which the'DWP Overlay District
is applied are shown on the Drinking Water Protection Area Maps, hereby incorporated
by reference. .
17.040 TIME OFTRAVELZONES
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'(I) The'Dwp Overlay District includes four TOTZ: 0-1 year; \'-5 years; 5elO
years; and 10-20 years. The. locations of the TOTZ for each wellhead are
shown on Drinki.ng Water Protection Area Maps'kept on file with ,the City ,
of Springfield Development Services, Public Works, and Fire and Life .
Safety Departments; and Sprip.gfield utility Board (SUB).andRainbow
Water Bistrict (RWD). .." , ,,':' "," .
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(2) Tp.e' areas within specified wellheadn:iTZare those drinking 'Yate~ proteC1:!on.
areas certified by the Oregon Health Division, under the Oregon. , ' '
Administrative'Rules that apply toOregon~s EPA-approved Drinking W~ter'. .
Protection Program, in Oregon Healt.h Division Delineation Certific'ftion
#0002R, March,18; 1999..
(3) In determining' the location of a property within a TOTZ, the following
criteria shall apply: ' ,
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. (a) The Lane County'Departnlent of Assessment and TaXatiori 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 ~hall be governed by
the restrictions applicable to that TOTZ.
(c) Tax lots having parts lying within more than one TOTZshall be
governed by the standards of the more restrictive TOTZ.
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EXCEPTION: The Director may waive the requirement that the more'
restrictive standards apply when all of the following apply:
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1. Storage,cuse, handling, treatment, and/or production of hazardous
materials that pose a risk to groundwater will not taJ<e place within the
p'ortion of the tax lot having the more restrictive TOTZ standards; and
2.Storage"use, handling, treatment,'and/or pr~duction of hazardous
, 'materials that pose a risk to groundwater will not take place within 50
feet of the portion of the tax lot having more restrictive TOTZ
.. .standards; and -
,3. The tax lotis 20,000 square feet. or larger.
(4) A property oWner l!Iay request the TOTZ be modified by submitting a.Zone ",
Change application to the City. Anyrequest f6r inodificationofthe TOTZ
, shall be accompanied bY certification of the TOTZas proposed to be
modified by the Oregon Health Division, under the Administrative Rules
that apply,to Oregon's EPA-approv~d Drinking Water Protection Program: F
17.050 REVIEW.
(I)
A DWP Overlay District DevelopmentApplication is required when
the criteria of both subsectionS (a)' i1nd.Cb) are applicable: .
(a) A site isaffected by one of the following:
(i) there is a change of land use, occupancy or tenancy of a,property,
including but not limited toa change from'vacant to occupied; or
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(ii) dlirillg the Building Permit process; or
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(iii) in'conjunction with any dev_elopment application including but
.. not limited to Site Plan revie\\; and Minimllin Development .
Standards.
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'-, (b) The action in'subsection (a) above will:
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(i) affect the storage, use, and/or production of hazlirdous ,materials
that pose a risk to groundwater;' or
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(iiJincrease the quantity of hazardous materials' that pose a risk to
groundwater that-are stored, used and/or produced. ,".
(2)
Prior to the submittal of a DWPOverlay.District Development Application,
an'exeinption request may be submitted to the Director. See 17.060(2)(a),
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. (3) DWP Overlay District applications shall b~ reviewed under Type I
procedures.. 1 .
(4) Pri9f 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
',fo~ review ~d approval. Applications shall include, th~ 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
under 17.060 of this 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 8001.15.1; ,
(b) a list of the chemicals to be monitored through the analysis of
groundwater samples and a monitoring,scheduleif ground water
moqitoring 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 l7.070(1)(a);
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a descnption of the primary and ;ciy seco~daIy containment devices
proposed, and, if applicable, clearly identified as to >>,hether 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 materi,al;
(f) adescripdoV'ofthe 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 maximum allowable
amounts iJ.1cludingthe 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.
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(6) "A complete DWP Overlay Qistrict Development application together with.
all,required materials shall be accepted by the Director prior to the review of
the request as specified in Section 3.050, Application Submittal. .
(7) The Director shall review the application and make a decision on the
application, based on the standards contained in section 17.070, after
consulting with the Building Official, Fire Marshall, Public Works Director,
and the managers of SUB and R. WD, as appropI:iate.
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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 S~ringfield.
'(1)
Exemptio'ns are as specified in this section unless the Director, in
consultation with SUB and FirelLife Safety, determines that a hazardous
material, activity, and/or facility that is exempt pursuant to this section has a
s'ignificant or substantial potential to' degrade groundwater quality, Then the
, Director may, require compliance with therequiremen~s of this Article
related.to that hazardous' material, activity or facility. Such detemiinations
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 ofthis
ArtiCle.: ..
(2)
Except as otherwise provided herein, the following materials are exempt
from reg!llation 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.
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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"ofthe applicant seeking the exemption
and will be subject to review by technical experts.
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(b) Hazardous materials offered for'sale.in their original sealed
containers of five (5) gallons or less shalrbe exempt from the.500
gallon storage limit set in 17.070(1)(a).
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(c) H~dous materials in fuel tanks and,\fluid reservoirs attached to
(i) 'a private or commercial motor vehicle and used directly in the
motoring operation of that. vehicle, or::(ii) machinery; including but
notlimited to fuel, engine oil and coolant.
, Fuel oil used in existing heating systerns,
(d)
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'(e)
(t)
(g)
(h)
(i)
(j)
(k)
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, Einergencyuse, storage, and haildling of hazardous materials by
governriuintal organizations in the,public.interest. '
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Hazardous materials used and stored specifically fo.r water
, . treatrrieht'processes of public water systems and privat~ systems,
, for,the sarnepurposes when approved by the DirectoL
, \:lazardous materials contained in properly operating sealed units
(transformers, refrigeration units, etcf) that are not opened as part
9f rO,utirie use, "
Local natural gas distribution lines,
Fuel for.emergency generators locate,d at facilities that provide
essential commUnitY' services (hospil?ls, fire/life safety, police,
public shelters, telephone systeins et?.).
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, Any commonly used office supply. - such as correcting fluid for
typewriters, toner for computerprint~rs or cleaners for windows
and bathrooms - where the supplies ke purchased off-site for use
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on-site, I,
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Aggregate quantities.equal,to or less;than 2,0 gallons of hazardous
materials that donotcontainDNAPE;s. '
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17.070 STANDARDS FOR APPROVAL ,OF DWP OvERLAY DISTRICT
APPLICA nONS WITHiN TIME OF TRAVEL ZONES
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Applications shall comply with the following standards. Where the following standards
areniore re~trictive than the standardsofthe Uniform Fire ~ode, the following standards
shall apply: .
(I) ~ 0-1 year TOTZ Standards.
'(a) Within'the 0-1 year TOTZ, hazardou.s materialsthat'pose a risk to
groundwater may be stored in aggregate quantities of no more than 500
, gallons if in original containers not exceeding 5 gallons. in size, Within
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that aggregated 'SOO-gallon inventory, hb ~ore than ISO gall6~s of
, ,hazardous materials that ppsea risk. to grotmdwater may be on the ' '
premises in 'opened contiiners for handling, treatment: use production,
or dispensirig on site. Hazardous materials that pose a risk to
groundwater shall be allowed only upon c9mpliance with contiinment
and safety standards set by the most recent Fire'Code adopted by the
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* A waiver of the S-gallon maximum'size may be given by the Director
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if the applicant can demonstrate that.a lanier size container ,would pose
less risk to:the aquifer.
(b)
Except those exempted, all hazardous maierials that pose a risk to
, groundwatet'shall be stored in areas with ~pprovec! secondary
containrrient (n place (Uniform Fir~ Code Articles ~ and 8003.1.3.3).
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(c) All 'new uses of Dense Non-Aqueous PhaSe Liquids (DNAPLs) shall be
prohibited,
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, (d), Any change in'type of use, or an increaseih maximUm daily inventory
. . quantity of any DNAPL shaUbe considered a new use and shall be
. ' 'prohib~ted. ., ';.' ,
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(e), The follo\Ying certain types of new facilities or changes in use and/Qr
"storage of hazardous materials' that pose 11 risk to groundwater shall be
'p~ohibited: '
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I. underground hazardous material storage faCilities; ,
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'2. hazardous material product pipelines used to transport the
hazardous material off of the tax lot v.:here it is produc~d or used;
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3. injection wells, except dry wells fo; r60f drainage;
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4. solid w~te landfills and transfer stations;
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,,5. fill.materil,lls cohtaining hazardous materials; ,
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6. land use's and new facilities tha! willu.se, store, treat, handle, and/or,
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produce DNAPLs.
(t) Requirements found in Uniform Fire Co~e Appendix II-E 3.2.6 for a
monitoring program and in 8003.i,.3.3 for'monitoring methods to detect
:hazardous materials in the SeCOrlaary containment system shall be met
for all amounts of hazardous materials that pose a risk to groundwater
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except those exempted.
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(g) Requirements found in Uniform Fire,Code Appendix II-E Section 3.2.7
for inspection and record keeping procedures for montWy in-house
inspection and maintenance of contairnnerit and emergency equipment
'for all amounts of hazardous materials that pose a risk to groundwater
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except those exempted shall be met. '
(h) Application ,of fertilizers containing nitrates shall be restricted to no
more than the amount recommended by th,e Lane. County, Oregon State
University Extension Service for turf grass and shall be prohibited
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within 100 feet of a wellhead. In no event :'shall a single application
exceed one half pourid per 1,000 square feet of area per single
. application ora total yearly application of; 5 pounds nitrogenfertilizer
'per 1,000 square feet. c <,
(2) 1-5 year TOTZ Stimdards.
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, (a) , The storage, handling, treatment;'use; appliCation, or production or
otherwise keeping on premises of more than 20 gallons of hazardous
materials that pose a risk to groundwater.\n aggregate quantities not
containing DNAPLs shall be allowed only, upon compliance with
contairnnent and safety standards set by tqe most recent.Fire' Code
adopted by the City. ! . .
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(b) Except those exempted, all hazardous materials that pose as risk to
groundwater shall be stored in areas with ~pproved secondary
contairnnent inpJace (Unifon,n Fire'Code/ArtiCles 2 and 8003.1.3.3).
(c)
All new useofDNAPLs shall be prohibited.
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Any change, in the type of use or an incre~e in maximum',daily
inventory quantity of any DNAPL shall be considered a new use and
shall be prohibited.
(e)The following certain typesoffacilities or changes in chemical use and/or
. ,storage of hazardous materials that pose ~,riskto groundwater shall be
prohibited: , ' "
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,1. hazardo~s material product pipelines used to transport the
hazardous' material off of the tax lot w,here it is produced or used;
2. injection wells, except dry wells for r<)of drainage;
3. solid waste'landfills and transfer stations;
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4. fill materials containing hazardous materials;
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5. land uses arid new facilities that will use, store, treat'handle, and/or
- ~ .
produce DNAPLs. ' .
,(f) Requirements found in Uniform Fire Cod~ Appendix II-E 3.2.6 for a .
monitoring program and in 8003,1.3.3 for~monitoring methops to detect
hazardous inaterials in the secondary con&inment system' shall be ~et .
for all amounts of hazardous materials that pose a risk to groundwater
, except those exempted. "
(g)
Requirements found in Uniform Fire Cod~ Appendix II-ESection 3.2.7
for inspection and record keeping procedUres for monthly in-house .
. inspection aildmaintenance of containment and emergency equipment
'. for all amounts of hazardous materials that pose a risk to groundwater
c.._ Ii . ,.'
excepi,thos~. exempted shall be met. r,'
"
, ~,
(3) 5~ I 0 year TOTZ Standards.
,.'(d)
. (e)
"
ii,
,
(a) The storage,.handling, treatment, use; production or otherwiseheping
on premises of more than 20 gallons of hazardous materials that pose a
risk to groundwater in aggregate quantiti~s rIOt containing DNAPLs
shall be allowed upon compliance with containment and safety
standards set by the most recent Fire Code adopted by the City. .
. "I, .
. ,
,.
. '
(b) All hazardous materials that p6se ~ risk to groundwater shall be stored
in areas with approved secondary containinent in place {Uniform Fire
Code Articles 2 and 8003J .3.3),
. ~ !:
(c)
All new use ofDNAPLs shall be prohibit~d:
.~. I
Any change in type of use or an increaSe in the maximum daily ,
inventory quantity of any DNAPL ~hall b~ considered a new use and
shall be prohibited. I
. ,
Requirements found.in Uniform Fire Cod6 Appendix II-E SeCtion 3.2.7
for inspection and record keeping procedlJfes for morithly in-house '
inspection and maintenance of containment ana emergency equipment
fOLall amounts of hazardous materials that pose a risk to groundwater
. , .
except those exempted shall be met.
(4),10-20 year TOTZ StandardS; The storage, handling, treatment, use,
production or keeping on premise; of more than 20 gallons of hazardous
materials that pose ; ~Isk to groundwater in~gg~egate quantities not
, I . .
"
,"
2-19,
containing DNAPLs,shall be allowed only upon compliance with
contairunent and ~afety standards set by,the most recent Fire Code adopted by
~~, " '
17.080 CONDITIONS OF APPROVAL
The Director may attach conditions of approval that will minimize negative, impacts of
regulated substances on groundwater and ensure that the facility or the proposed
development can fully meet the standards specified in Section 17.070 of this Article. '
These conditions may include on-site monitoring wells, Wellhead Proteytion Area signs,
special storm water facilities or ,other conditiol}s to address specific risks assoc,iated with
the proposed development.
17:099 APPEALS
The only portions of this Articlethat are subject to appeal are Section 15.050(7) the
Director's decision on a DWP application, Section 17.060, Exemptions, and Section
17.070(1)(a) waiver. The appeal ofa decision of the Director may be appealed to the
Hearings Official under Type III proceduresas' specified in Section l5.0~0 of this 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 following language:
"AQUIFER: A geologic formation, group offormations, or pirrtof a formation that is
capable of storing and transmitting water in sufficient quantity to supply wells or
. "
sprmgs.
"DELINEATION (from Oregon Health Depirrtment rules): The determination of the
extent, orientation, and' boundaries of a wellhead pr9tectionarea using factors such as'
geology, aquifer characteristics, well pumping rates imd time of tbivel." '.
"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 compotinds that are even mdreof a health hazard, For the
purpose of Springfield's drinking water protection, DNAPL chemicals are defined as "all
chemicals displaying the characteristics of a DNAPL chemical or a material containing a
substance considered a DNAPL chemical." A list ofDNAPLs regulated within the
Drinking Water Protection Overlay District sl)all 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.
2-21
"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 miriimize 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 amen.ded
by adding the following subsection 3,070(1)(n): '.
"(n) Drinking Water Protection Overlay District development."
,.
Section 4. Article 14, "PUBLIC HEARINGS", of the Springfield Development
Code is hereby amended by adding the following subsection 14.010(2)(d): '
"(d) Appeals of Springfield Development Code Section 17.050(7) Director's decision on
a DWP'application; Section 17,060 Exemptions"and Section 17.070(1)(a) waiver."
Section 5. Articl~ 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 regardin~ e~peditedland'divisions shall be'[mal.
Appeals of the Hearing Official decisions shall be to the Oregon court of Appeals in .
accordance with applicable statutes and regulations governing such appeals, Decisions
by the I;J.earing Official regarding the Director's decisions in Springfield D~velopment
Code Sections 17.050 (7) DWP application, 17.060 Exemptions and 17.070(1)(a) waiver
shall be final. Appeals of the Hearing Official shall ~e to the Land Use Board of
Appeals.'" '
Section 6. Appendix I, "DEVELOPMENT CODE FEE SCHED'ULE", "TYPE I'
REVIEW", ofthe Springfield Development Code is hereby amended,by adding the
following language: .
(Application) "DWP Overlay District Development", (City Limit~ fee) "$405,00 (#)",
(Urban Growth Boundary fee) "$405.00 (#)". '
2-23
, '
Section 7. The recommendation of tile Springfield Planning Commission has been'
reviewed and is hereby adopted in support of the adoption of these amendments as
Exhibif 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,ti)is action.
Section 9. Prop,erties within the zero (0) to twenty (20) y~ar time 6f.travei'zones
are rezoned to add the dTinking water overlay district Classification to the ~nderlying ,
zone.
,',
Section 10. If any section"subsection; sentence, clause, phrase, or portion of this'
, Ordinance is for any reason held invalid or unconstitutiomil by a court of competent '
jurisdiction, such portion shall be deemed a separate, distinct, l\l1d independent provision
and such holding shall not affect the validity oftheremaining portions her,eof.
ADOPTED by the Common Council of the City of Springfield this ,dayof '.
May 2000 by a vote Of~ for and _agains~. ,- "
... '
APPROVED by the Mayor this day of May 2000.
... -'.
Mayor
A TIEST:
. ,
:,-'
City Recorder. .
, '
.:t
.... '
REViEWED & APPROVED
A\;;::~~ ,\l~~1
, ,'...' H"inL"!>) 2000 "
"..TTORNEY
-,
.~.
2-25
, .,'
BEFORE THE PLANNING COMMISSION
, OF THE
, CITY OF SPRINGFIELD, OREGON
". ~.. .
,
REQUEST OF DRINKING WATER' +
PROTECTION OVERLAY +
. DISTRICT +
NATURE OF THE APPLICATION
JO. NO. 99-09 219
FINDINGS, CONCLUSIONS,
AND RECOMMEIIIPATlON
Drinking Water Protection ,(DWP) Overlay District" Article'17 of the Springfield Development
Code (SDC) ,
1. On September 2, 1999 theapplieation for 'adoption of Article 17 was accepted. Adoption
of Article 17 will establish a DWP Overlay District and'rezone land within the District, ,
Journal Number 99-09-219, city of Springfield applicant.
2, The application was submitted in accordance with SeCtion 3,050 6fthe Springfield
Development Code, Timely and sufficient notice of the public hearing, pursuant to
Section 14.030 ~fthe 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
ofthe persons testifying at that hearing have been considered and are part of the record
. of this proceeding. ; . '
CONCLUSION
"..
On the basis of this record, t~e requested adoption and amendments of Development Code text
are consistent with the criteria of Section 8,030 of the Springfield Development Code. The
requested zone change is consistent with the criteria of Section 12.030 of the Springfield
Development Code, This generalfinding is supported by the specific findings of fact 'and
conclusions', in the staff report and attached here!o,: '
-
RECOMMENDATION
, ,
It is RECOMMENDED by the Planning Commission of Springfield that Journal Nu'mber 99-09-
219, SDC Article 17 and related SDC amendments and the Zone Change Request,' be
approved by the Springfield City Council.
. . '-. ,
This RECOMMENDATION was, ''''',"to, to "" '~' "'.J2""f:i Comm""" '"
December 7, 1999, . :.,','~ ' ~ . .
" , ' ' ' PiaI'm ng Commission Cti~~on
ATTEST .
AYES:G
NOES: -0.
ABSENT: (
ABSTAIN:
."
, "
'.;
,EXHIBIT A-1
FINDI~GS IN SUPPORT OF JOURNAL NUMBER 99-09-219
SPRINGFIELD DEVELOPMENT CODE ADOPTION AND AMENDMENTS
.." --"
Criteri'! of approval for amendments to the Springfield Development Code (SDC)
Adoption of text and amendments to the Springfield Development Code are based on ,
conformal')ce with the following criteria: .
.-
(1) The Metro Plan';
(2) Applicable State statutes; a!1d
(3) Applicable State-wide Planning Goals and Administrative'Rules,
".
The proposed adoption of Article 17 creates a Drinking Water Protection Overlay District
(DWP) for the .p'urpose 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 Drinking Water Protection Plan was adopted as a functional plan intended
to carrY out policies of t)1e'Metro Plan. The Plan'is a work task in the Metro Plan Periodic
Review Work Program. Springfield's service population exceeds 10,000 people thanely on
groundwater as the primary source of drinking water, As such, the delineated drinking
water protection areas identified in the Plan qualify as significant groundwater resources
and must be protected to comply with Statewide Planning Goal 5 (OAR 660-23-140). To
comply with Goal 5, Springfield must adopt'c'omprehensive plan provisions and land use
regulations, consistent with all applicable state-wide goals, .that reduce the risk of
contamination of groundwater, following the standards and requirements of OAR chapter
340-40-180. As part of the Periodic Review requirement, the DWP Overlay District is an
implementation measure for the Drinking Water Protection Plan, The DWP Overlay District
is in conformance with the following Metro Plan statemen~s:
,
The Environmental'Resources Element
Findings on III-C-3:
, . '
10, Known and potential groundwater pollution exists in the metropolitan area,
Known and potential sources of groundwater pollution include septic tank wastes;
industrial, commercial, and residential runoff; leakage from sanitary'sewer pipes;
'leaking from sanitary landfills; agricultural non-point 'sources (spraying and animal
wastes);, chemical. and petroleum spiUs, and natural contaminants (arsenic).
11. Beneficial, uses of groundwater in the metropolitan area include domestic and
, municipal water supplies, industrial supplies, and domestic and commercial
irrigation. The ..value and frequency of these uses varies among incorporated,
urbanizable ,and rural areas.
"
, EXHIBIT B-1
.'"
,;';
r:
Page 2
Jo. No. 99-09-219
Goals on III-C-6:
1. Protect valuable natural resources and encourage"their wise management, use
and proper reuse.
4. Provide a healthy and attractive. environment', including clean air, and water; for
the metropolitan population.
Objectives on III-C-6 and III-C-7
l. Maintain the benefits associated with environmental res'ourcesiri an 'urban
setting. Those resources incll!de.",c1ean air and water.....
3. Impr?ve and maintain air and wate'r quality to mein federal; state and local
standards.' " '
_ 4, Minimize problems associated with water quantity and noise.
. . .. .
, ,
Policies on '1I1'C~1 0
-'
, , 20. In order to improve 'water quality and quantity .inthe metropolitan are~, 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 induct(ial and commercial operations to reduce
..negative vvater, qualit'{and quantity impacts;
'c. regulate site planning for new development and construction to 'bett~r
control-drainage and erosion an,d to'manage storm runoff;,
e,:utili~e natural an'd simple mechanical.treatment systems to provide
treatment for contaminated runoff waters; . ,
g. minimize use of toxic substances; and
..
h, minimize th'enegative effects of. chemical and petroleum spills.
21. Positive steps shall be taken to prot~ct the Springfield municipal groundwa!er
suppli~s along ,the fv1~.Kenzie. River and the middle fork of the Willamette River.
22. 'Local governments shall continue to monitor, to plan for, and to enforce'
applicable a'ir and water quality standards and shall cooperate in,meeting applicable
federal, state, and local air and water quality standards.
"
-
B-2
Page 3
Jo: 99-09-219
J'
The Economic Element
'. Implicit in the goals and objectives that follow is the premise that the economic
health of the are'a is integrally related to the quality of lifefonesidents. Improved
welfare of the residents of the metropolitan area, measured by increases in
emplqyment 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 healthfule,nvironment of the metropolitan area can help attract industrial
development, hold workers, and attract conventio'n- and tourist-related economic
activities. The concer(l for clean air and water is high priority with area residents.
Criteria (2) Conformance with Applicable State Statutes
. .' .
ORS 4688,150-180, qRS 468.035, ORS 4688,015(2) give statutory authority to
The Department of Environmental Quality (DEQ) for overall administration of
Oregon's vyellhead Protection Program as well as the final certification.of the local
plans,
ORS 448.123(1 )(a), ORS 448.131 (2)(a). (c). ORS 448.160, and ORS 672,525
ailow the Oregon HeiJlth Division (OHD) to provide for the delineation, contingency
and new wells elements of wellhead protection, '
OHD administers the Oregon Drinking Water Quality Act through ORS 448.119
through 448,285 and 454.235,454,255 and 757.005.
ORS 227 establishes the jurisdiction of cities to adopt and enforce planning, zoning
and development regulations, Section 227.215 states: "A city may plan and ,.
otherwise ~ncourageand regulate the develqpmeilt of land. A citY may adopt an
ordinance requiring that whatever land development is undertaken in the city
comply with the requirements of the ordinance and be undertaken only in
compliance with' the terms of a development permit."
The Springfield Drinking Water Protection Plan and the DWP Overlay District a's an
implementation measure. follow the DEQ and OHD rules and guidelines as part of
Oregon's Wellhead Protection Program to protect sources of local drinking water.
'"
'B-3
Page 4
Jo. No. 99~09:219
Criteria (3) ,Conformance with applicable State-wide Planning Goals and Administrative
Rules . '.' . >
" Oregon's We.llhead Protection Program, in compliance with the federal Safe Water
Drinking Act and US Environmental Protection Agency requirements, prescribes the
contents of a local drinking water protection plan. The Springfield Drinking Water
Protection Plan is consistent with the state program and OAR 333-61-057,340-40-
.nO( 1 )(cl. (dl. (g). The Overlay District is designed as an implementation measure
of the adopted Plan and is called for within the Plan,
The Order for Periodic Review of the Metro Plan issued to the metropolitan
Springfield area by the Land Conservation and Development Commission specifies
as a work task the development of a wellhead protection plan for Springfield to
'protect groundwater quality, The Order identified potential sources of pollution' to
include underground storage tanks, 'major transportation routes, industrial landfills,
lagoons, .light industry, haiardous and solid waste handlers, pesticide/herbicide
applic.ation, septic tanks, and surface water interaction.
, ,
The delineation of the Springfield aquifers and wellhead protection areas have been
certified by the Oregon Health Division according to the provisions of OAR 340-40-
180, The Time of Travel Zones of the Overlay District are based upon these
protection areas.
The City's comprehensive plan and development code are acknowledged by the
State of Oregon to be in compliance with all'applicable state-wide planning goals
and administrative rules. This proposed DWP Overlay District is consistent with a
number of plan policies cited in previous pages and with ORS, and"so, by extension
conforms with applicable state-wide planning goals and administrative rules. The
following 'fJndings are included in this' record:
Goal 1: Citizen Involvement .
A Citizen Task Force and Technical Advisory Committee developed the
management section of the Springfield Drinking Water Protection Plan and
recommended it for. adoption. The DWP Overlay District was one of highest
priorities of the Plan, The Springfield Planning Commission conducted a publiC
hearing on April 20, 1999 and the City Council conducted a public hearing on May
17, 1999, to' adopt the Plan.
Goa/ 2: Land Use Planning
This goal states: "All land-use plans and implementation ordinances shall be
, . '
adopted by the governing body after public hearing and shall be reviewed and, as
needed, revised on" a periodic cycle to take into account changing public policies
and circumstances, in accord with a schedule set forth in the plan.
'.
8-4
"
Page 5
Jo. No. 99-09-219
"Implementation fV!easures - - 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, constr,uction of public
facilities or provision of ~ervices." .
, '
The DWP Overlay District is'an implementation mea~ure for the Springfield Drinking
Water Protection Plan to .be adopted by ordinance.
Goal 3: Ag,riculturatLands
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 ur~an growth boundary. ' '
Goal 4: Forest La'hds ..
"
, - '
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 a're 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 Sp~ingfield Drinking Water
Protection Pan was one"of the tasks in the. Metro Plan work program to comply with
Goal 5, The DWP Overlay Dist(ict is designed to protect the aquifers from
hazardous 'ma.terials :and is. part of the periodic review requiremert.'
Goar6: 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 ,;eeds;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 Disaster!> and Hazards
All sites within Springfield subject to these hazards (floodplain, erosion, landslides,
. earthquakes, weak foundation soils) are inventoried thro'ugh a variety of sources.
The DWP Overlay pistrict does not remove, or 'exe~pt complia'nc~ with all other
Co.de standards whic/r'mayapply. . .' .:',..,
8-5,
" ,
, r-
Page 6
'Jo. No. 99-09-219,
;.~
'Goal 8: Recrea'tional Need; .
"
Willamalane' Park and Recreation District provides for the recreatiorlal needs of
Springfield' through its own park planning, Park<n~eds and facilities are based on
existing a'lid projected populations.'The DWP Ov~rlay District has no influence oli
population projections because it does not i::hang:e permitted density within '
'residential plan designations, The DWP Overlay District does not influence the
, ability of the park district to acquire land fo'r parks, ' , '
" '
" Goal 9: Economic Development
"
This goal' is intended' to preserve and enhance economic development activities. The
',.. I
, DWP Overlay District is designed to reduce the ris~ of groundwater contamination
.by hazardous materials, thEmiby keepingSpringfi~ld's drinking water pure, This'
result shoul~ h~,!e <3 positive effect on the 'city's !livability ratings a;'d the attraction
'of'commerclal an.d Industnal development..ThesE' factors should enhance marketing
'the city's economic opportunities. '.
G~aI10: Housing,
'.
~. ..
, This goal states: "t~.provide for the housing' need~ of citize~s ofthe state,"
The DWP O~erlay District ~OUld have no effect in housing supply or opportu~ity.
.. .
.. . .
", ;'(3oal 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' fra:me~ork for urbim and rural
development," The DWP Overlay District'incorp6rates existihg as well as potential
future wellheads ihto the areas of protection frorncontamination,.
, .,' " ' .'.'.. I ' .
Goal 12: Transportation. '.
This goal states: ,"To provide ,and encourage a'safe, convenient and economic
transportation ',syst,,!.m," The 'DWP Overlay Dist~i(h does not impact the. "
'transportation ,system.
"
Goal 13: Energy Conservation
, This,goal states: "Land and uses developed on the land shall be managed and'
. I ..
, controlled so as to maximize'the conservation ofl all forms of energy, based upon
sound economic principles," The DWP Overlay District is intended to reduce the risk
of groundwater contamination. To the ext€int:th~t ,this community will not have to '
seek new wells or other sources of drinking' wat~r as. a result of the District, a form'
:.ofde facto energ"y savings is realized. I" , , . '
~ -... . .
.. '.
8-6
,-
Page 7
Jo. No. 99-09c219
Goai'14: Urbaniza'tion
. . ' ,
This goal states: "To pro'vide 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 Standilrds, These apply mainly to commercial
and industrial properties. Only residential pr.operti~s would be allowed to develop
without annexation, therefore consistency with the provision, tim"ing and capacity
of rural'to urban conversion is not affected by the Overly District. .
" .
Goal 15: Willamf!tteRiver Greenway
, ,
There are no OWP o.verlay zones. within the Willamette River Greenway:
. Goal 16: Estuarine Resources; Goal 1'7.: Coastal Shofelands; Goal 18: Beaches and
Dunes; and Goal 19: Ocean Resources
These goals do not apply \/IIithin the adopted, acknowledged Eugene-Springfield
Metropolitan Area General Plan.
"
-'-
"
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B-7
Page 8
,Jo. No. 99-09"219
FINDINGS IN SUPPORT OF JOURNAL NUMBER 99-09-219
DRINKING WATER PROTECTION OVERLAY DISTRICT
AQoption ot'Article Vof the Springfield Development Code (SDC) creates a [)rinking Water
Protection Overlay District (DWP). The regulations within the DWP Overlay District supplement
tbe regulations of th'e underlying district. Upon adoption of Article 17, all land within, the DWP ,
, Overlay District will be rezoned to add the DWP overlay designation,
,- '. ..
SPRINGFIELD DEVELOPMENT CODE CRITERIA
Section 12.030 of the Springfield Development Code established standards used in granting
zone changes. In reaching a decision on these actions, the Planning Commission or Hearings
Official shall adopt findings which demonstrate that all of the following criteria have been
, addressed: ' ,
, ;.
(1) Consistency with the Metro Plan Textand Diagra~;
, '
(2) Consistency with applicable Refinement Pians, special study ~r~a stud'ies 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
dev~lopment '. "
,
1. consistency with the Metro Plan Text and Diagrall):
The Springfield Drinking Water Protection Plimwas adopted as a functional plan
, intended to carry out policies of the Metro Plan. The Plan is a work task in the Metro
Plan Periodic Review Work Program. Springfield's service population exceeds 10,000
people that rely on groundwater as the primary source of drinking water, As such, the
delineated drinking water protection areas identified in the Plan qualify as significant
groundwater resources and must be protected to complywithStatewide Planning Goal
q (OAR 660-23-140). To comply with Goal 5, Springfield must adopt comprehensive'
plan provision~ and land use regulations, consistent with all applicable state-wide
goals, that reduce'the risk of contamination of groundwater, following the standards
and requirements of OAR chapter 340-40-180. As part of the Periodic Review
requirement, the DWP Overlay District is an implementation measure for the Drinking
Water Protection Plan. :rhe DWP Overlay District is in conformance with the following
Metro Plan statements:' .
8-8
"
Page 9
Jo~ No. 99-09-219
The Environmental Resources Element
Findings on III-C-3: '
10. Known and potential groundwater pollution exists in the metropolitan area. Known
and poteniial.sources of groundwater pollution include septic tank wastes; industrial,
'commercial, and residential runoff; leakage.from.sanitary sewer pipes; leaking from
sanitaiylandfills; agricultural non-point sources (spraying and animal wastes); chemical
and petroleum spills, and natural contaminants (arsenic).
11. Beneficial uses, ofgr04ndwater 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 iflcorporated, 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 IlIcC-6 and III-C-7
'.
1. Maintain the benefits associated with environmental resources in an urban setting.
Those resources include ...clean air and water.'... '.- . '
3. Improve and maintain air and water quality to meet federal, state and local
, standards.
4. Minimiie-problems associated with water quantity and noise:
Policies on III~C-1 0
,
20. In order to'improve water' quality and quantity in the metropolitan area, local
governments shall consider developing regulations or instituting programs to:
- . ,
"
a. increase awareness of techniques and, practices private individuals can
. ... .
employ to help.correct water quality and quantity problems;
. .
b. improve management of industrial and commercial operations ,to reduce
negative water quality and quantity impacts;
c, regulate site planning for new development and construction to better control, '
drainage and'erosion and to manage storm runoff;
8-9
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, arid to enforce applicable
air and water quality standards and shall cooperate in meeting applicable federal" state,
and local air and water quality standards. '
The Economic Element
Implicit in the,goals and objectives that follow is the premise that the economic health of
the area is integrally related to the quality ,of life for residents. Improved welfare of the
residen,ts of the metropolitan area, measured by increases in employment opportunities
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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 environmel')t of the metrop'olitanarea 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.
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2. Consistency with applicable Refinement Plans, special ,area studies and functionai
plans:
Refinement 'plans refine' and augment the Metro Plan. Should inconsistencies occur,
,the Metro Plan is the prevailing policy document (Metro Plan, 1987, p.IV-3). The Metro
Plan continues to undergo periodic review to ensure continued compliance with Land
Conservation and Development Commission goals. Preparation of a drinking water '
protection plan was one ,of the periodic review work tasks assigned to Springfield to
comply with Goal 5. The'DWP Overlay District is an implementation measure for the
adopted Springfield Drinking Water Protection Plan and, as such, is a periodic review
requirement. .
The Drinking Water Protection Plan was adopted as a functionai plan intended to carry
out policies of the Environmental Element of the Metro, Plan. The DWP Overlay District
implements and is consistent with this plan.
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3, That the property can be served by the orderly and !'lfficient extension of key
urban facilities and services as prescribed,in the Metro Plan prior to or in
conjunction with development.
Serving the land within the DWP Overlay District with the orderly and efficient extension
of key urban f~cilities and services will not be effected by adoption of the'Overlay
District. The Public'Utilities, Services, and Facilities Element of the Metro Plan
, considers theprovision'ofwater a key urban service, The purpose of the Overlay
District is to protect from contamination the aquifers used as the potable water supply
sources for the City of Springfield and keep them available for use.
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STAFF RESPONSETO PUBLIC TE,STIMONY ON 5/1100
1. Include com~entary in the ordinance.
Response: Explanations'and intent are not codified. They are for staff use and are not designed to
become part of the ordinance itself. The practice of attaching commenu,rry to an ordinance is to
clarifY legislative intent.
2. Apply less restrictive TOTZ standards to buildings or processes located entirely in less
restrictive TOTZ.
Response: This request is covered in 17.040(3)(c) "Exception," If a commercial or industrial tax
lot is 20,000 square feet or l~ger, is within more than oneTOTZ, and has buildings entirely in
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one TOTZ, then the "Exception" may be applied~ The uses of hazardous materials that pose arisk
to groundwater are regulated by the standards of the TOTZ where the uses are located. Existing,
uses are not,impactqd by Arti9le 17.
3. Clarify the '~trigger" language for DWP applicati?n ~o reflect stated intent.
Response: The language ih 17.050(1) has, been changed as n:quested at the May 1 meeting for
clarity.'..
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4. Exempt existing environmentally responsible businesses. .. "
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All businesses that exist prior to the adoption of the ordinance do not come under the regulations'
of Article 17 uIlless they trigger an application as stated in 17:050(1). Regardless of how
responsible a business is, accidents will happen. The standards set forth for the TOTZ and the
application reqiiirements are,designed to protect both the business and the gn)undwater should an
accident occur.
5; Clarify approval standards in 17.070.
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. These have been clarified since the Aprit'3 meeting. There is a waiver possibility to the 5-gallon
_ container size limit. :All materials that pose a threat to groundwater except those exempted must
have secondary cqntainmentin place. The requirements for a monitoring program are found in
the Uniform Fire Code Appendix II-E 3.2.6 and in 8003.1'.3.3 for inonitoringmethods.
Requirements for inspection and record keeping procedures are in Uniforin Fire Code_ Appendix
II-E Section 3,2.7. Since these are the standards currently used and followed, Article 17 is not
changing these req~irements.' ',. '.
6. Allow appeals of Director decision$.
Type I applications are not subject to appeal according toSDC 15.010(1). However, Article 17
allows appeals for Director's decisions regarding DWP Overlay 'District applications (17:050(7)),'
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ATTACHMENT 3-1
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Exemptions (17.060), and Waiver(l7.070(1)(a). in addition,)he applicant may' request a Type III ,
. F onnal Interpretation.
,7. Narrow defiiIition of "hazardous material" to be consistent with stated purpose.
, . . .
The de.finition of "hazardous material" in Article 2" Definitions, of the Springfield Development
Code is a definition for the entire Code. It is further defined in Article 17 for the purposes of
Article 17 only.
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