April 26, 2021
ELKTON CITY COUNCIL STAFF REPORT
FILE: Repeal and Replace Land Development and Division Ordinance for the City of Elkton, 2021-01
REPORT DATE: May 10th, 2021
HEARING DATE: May 17th, 2021
APPLICANT: City of Elkton
LOCATION: City Wide
PROPOSAL: Repeal and Replacement of the 1997 Elkton Land Development & Division Ordinance
The City of Elkton applied for a Technical Assistance Grant from DLCD on October 1, 2019 to perform an audit and update to their Land Development and Division Ordinance to address current housing trends, multifamily housing, temporary vacation housing, family wage affordable housing and to further address any additional items that would be brought forth in the public input phase. The City was awarded a grant in January 2020 and hired Jordan Cogburn with Eric Hall Architects as it’s consultant in September of 2020. The Technical Advisory Committee was appointed in October of 2020 and the project was expanded to update the entire Ordinance in November after the TAC had a chance to review the entire Ordinance and were presented with the Consultant’s initial findings.
This project is funded by Oregon general fund dollars through the Department of Land Conservation and Development. The contents of this document do not necessarily reflect the views or policies of the State of Oregon.
APPROVAL CRITERIA AND ANALYSIS
- Compliance with Statewide Planning Goals.
Staff Response: Exhibit B to Ordinance 176 (Attachment 1), the Findings of Fact, contains an analysis of the proposal’s consistency with the Statewide Planning Goals.
- Compliance with City Standards – Section 13.090 of the Elkton Land Development and Division Ordinance (LDDO) establishes requirements for amendments to the Code.
Elkton City Council April 26, 2021
Staff Response: Section 13.090 of the Elkton Land Development and Division Ordinance (LDDO) allows the City Council to initiate an amendment to the text or map of the ordinance. The City Council initiated the amendments at their September 12, 2019 meeting.
Section 13.040 establishes requirements for noticing. Section 13.040 reads, “Notice shall be published in a newspaper of general circulation in the City at least 20 days prior to the date of the hearing. Notice shall be given by mailing of written notice not less than 20 days prior to the date of hearing to all owners of record of real property, any portion of which is located within 300 feet of the boundaries of the property that is the subject of the application. For this purpose, the names and addresses of the owners as they are shown in the records of the Douglas County Assessor shall be used. Notice shall be given to the applicant and any other person who makes a written request for notice, by mailing to such persons written notice not later than 20 days in advance of the hearing.”
The City has followed the noticing requirements found in 13.040. Notice of the meeting was posted on the City website, at City Hall, the Post Office and Arlene’s Cafe on March 22, 2021, a minimum of 10 days prior to the hearing.
A record of amendment was made available on the City’s website (March 22, 2021), as well as at City Hall.
On April 26, 2021, the City Council held the first public hearing and reading of Ordinance 176 and took public testimony. There was no public testimony or changes made to the Ordinance and it was approved by Council as presented. Final hearing was set for May 17, 2021.
The City has followed the noticing requirements found in 13.040. Notice of the meeting was posted on the City website, at City Hall, the Post Office and Arlene’s Café and was mailed to all residents on April 27, 2021, a minimum of 10 days prior to the hearing.
Due to the overall size of the document, a brief overview has been added to the staff report highlighting the major changes to the LDDO (attached as Attachment 4)
AGENCY AND PUBLIC COMMENTS
- Agency comments received. Agency comments received as of the issuance of this staff report are contained in Exhibit I. Additional comments submitted between the issuance of this staff report and the hearing, if any, will be made available to the City Council members at the date of the hearing.
- Public Comments received. Public comments received as of the issuance of this staff report are contained in Exhibit II. Additional comments submitted between the issuance of this staff report and the hearing, if any, will be made available to the City Council members at the date of the hearing.
Elkton City Council April 26, 2021
(No comments received)
The public notice and comments received are attached to this staff report as Attachment 3.
POSSIBLE ACTIONS BY THE CITY COUNCIL
The City Council may enact, amend, or defeat all or portions of the proposal or may refer the matter back to the Technical Advisory Committee for further consideration.
- Move to approve the Repeal and Replacement of the Elkton Land Development and Division Ordinance as presented in the Council Packet as Attachment 1.
- Move to amend the recommended provisions of the LDDO as presented in the Council Packet as Attachment 1.
- Move to not approve the amendments to the LDDO as presented in the Council Packet as Attachment 1.
- Move to refer the amendments on the LDDO as presented in the Council Packet as Attachment 1 to the Technical Advisory Committee for further review.
- Ordinance No. 176 – 2021 Elkton Land Development and Division Ordinance, including:
- Exhibit A – 2021 Elkton Land Development and Division Ordinance
- Exhibit B – City Council Findings of Fact
- Department of Land Conservation & Development Grant Overview
- Public Hearing Notice and Received Comments
- Major Highlights of the City of Elkton LDDO
2019 Drinking Water Quality Report
Is my water safe?
We are pleased to present this year’s Annual Water Quality Report (Consumer Confidence Report) as required by the Safe Drinking Water Act (SDWA). This report is designed to provide details about where your water comes from, what it contains, and how it compares to standards set by regulatory agencies. This report is a snapshot of last year’s water quality. We are committed to providing you with information because informed customers are our best allies.
Do I need to take special precautions?
Some people may be more vulnerable to contaminants in drinking water than the general population. Immuno-compromised persons such as persons with cancer undergoing chemotherapy, persons who have undergone organ transplants, people with HIV/AIDS or other immune system disorders, some elderly, and infants can be particularly at risk from infections. These people should seek advice about drinking water from their health care providers. EPA/Centers for Disease Control (CDC) guidelines on appropriate means to lessen the risk of infection by Cryptosporidium and other microbial contaminants are available from the Safe Water Drinking Hotline (800-426-4791).
Where does my water come from?
Our water source is the Umpqua River. Our water intake is upstream from Elk Creek.
Source water assessment and its availability
A copy of our Source Water Assessment is available at City Hall.
Why are there contaminants in my drinking water?
Drinking water, including bottled water, may reasonably be expected to contain at least small amounts of some contaminants. The presence of contaminants does not necessarily indicate that water poses a health risk. More information about contaminants and potential health effects can be obtained by calling the Environmental Protection Agency’s (EPA) Safe Drinking Water Hotline (800-426-4791). The sources of drinking water (both tap water and bottled water) include rivers, lakes, streams, ponds, reservoirs, springs, and wells. As water travels over the surface of the land or through the ground, it dissolves naturally occurring minerals and, in some cases, radioactive material, and can pick up substances resulting from the presence of animals or from human activity: microbial contaminants, such as viruses and bacteria, that may come from sewage treatment plants, septic systems, agricultural livestock operations, and wildlife; inorganic contaminants, such as salts and metals, which can be naturally occurring or result from urban storm water runoff, industrial, or domestic wastewater discharges, oil and gas production, mining, or farming; pesticides and herbicides, which may come from a variety of sources such as agriculture, urban storm water runoff, and residential uses; organic Chemical Contaminants, including synthetic and volatile organic chemicals, which are by-products of industrial processes and petroleum production, and can also come from gas stations, urban storm water runoff, and septic systems; and radioactive contaminants, which can be naturally occurring or be the result of oil and gas production and mining activities. In order to ensure that tap water is safe to drink, EPA prescribes regulations that limit the amount of certain contaminants in water provided by public water systems. Food and Drug Administration (FDA) regulations establish limits for contaminants in bottled water which must provide the same protection for public health.
How can I get involved?
If you want to learn more, please attend any of our regularly scheduled City Council meetings. They are held on the second Thursday of each month at 8:30 AM at City Hall.
Description of Water Treatment Process
Your water is treated in a “treatment train” (a series of processes applied in a sequence) that includes coagulation, flocculation, sedimentation, filtration, and disinfection. Coagulation removes dirt and other particles suspended in the source water by adding chemicals (coagulants) to form tiny sticky particles called “floc,” which attract the dirt particles. Flocculation (the formation of larger flocs from smaller flocs) is achieved using gentle, constant mixing. The heavy particles settle naturally out of the water in a sedimentation basin. The clear water then moves to the filtration process where the water passes through sand, gravel, charcoal or other filters that remove even smaller particles. A small amount of chlorine or other disinfection method is used to kill bacteria and other microorganisms (viruses, cysts, etc.) that may be in the water before water is stored and distributed to homes and businesses in the community.
Water Conservation Tips
Did you know that the average U.S. household uses approximately 400 gallons of water per day or 100 gallons per person per day? Luckily, there are many low-cost and no-cost ways to conserve water. Small changes can make a big difference – try one today and soon it will become second nature.
- Take short showers – a 5 minute shower uses 4 to 5 gallons of water compared to up to 50 gallons for a bath.
- Shut off water while brushing your teeth, washing your hair and shaving and save up to 500 gallons a month.
- Use a water-efficient showerhead. They’re inexpensive, easy to install, and can save you up to 750 gallons a month.
- Run your clothes washer and dishwasher only when they are full. You can save up to 1,000 gallons a month.
- Water plants only when necessary.
- Fix leaky toilets and faucets. Faucet washers are inexpensive and take only a few minutes to replace. To check your toilet for a leak, place a few drops of food coloring in the tank and wait. If it seeps into the toilet bowl without flushing, you have a leak. Fixing it or replacing it with a new, more efficient model can save up to 1,000 gallons a month.
- Adjust sprinklers so only your lawn is watered. Apply water only as fast as the soil can absorb it and during the cooler parts of the day to reduce evaporation.
- Teach your kids about water conservation to ensure a future generation that uses water wisely. Make it a family effort to reduce next month’s water bill!
- Visit www.epa.gov/watersense for more information.
Source Water Protection Tips
Protection of drinking water is everyone’s responsibility. You can help protect your community’s drinking water source in several ways:
- Eliminate excess use of lawn and garden fertilizers and pesticides – they contain hazardous chemicals that can reach your drinking water source.
- Pick up after your pets.
- If you have your own septic system, properly maintain your system to reduce leaching to water sources or consider connecting to a public water system.
- Dispose of chemicals properly; take used motor oil to a recycling center.
- Volunteer in your community. Find a watershed or wellhead protection organization in your community and volunteer to help. If there are no active groups, consider starting one. Use EPA’s Adopt Your Watershed to locate groups in your community, or visit the Watershed Information Network’s How to Start a Watershed Team.
- Organize a storm drain stenciling project with your local government or water supplier. Stencil a message next to the street drain reminding people “Dump No Waste – Drains to River” or “Protect Your Water.” Produce and distribute a flyer for households to remind residents that storm drains dump directly into your local water body.
Additional Information for Lead
If present, elevated levels of lead can cause serious health problems, especially for pregnant women and young children. Lead in drinking water is primarily from materials and components associated with service lines and home plumbing. City of Elkton is responsible for providing high quality drinking water, but cannot control the variety of materials used in plumbing components. When your water has been sitting for several hours, you can minimize the potential for lead exposure by flushing your tap for 30 seconds to 2 minutes before using water for drinking or cooking. If you are concerned about lead in your water, you may wish to have your water tested. Information on lead in drinking water, testing methods, and steps you can take to minimize exposure is available from the Safe Drinking Water Hotline or at http://www.epa.gov/safewater/lead.
Water Quality Data Table
In order to ensure that tap water is safe to drink, EPA prescribes regulations which limit the amount of contaminants in water provided by public water systems. The table below lists all of the drinking water contaminants that we detected during the calendar year of this report. Although many more contaminants were tested, only those substances listed below were found in your water. All sources of drinking water contain some naturally occurring contaminants. At low levels, these substances are generally not harmful in our drinking water. Removing all contaminants would be extremely expensive, and in most cases, would not provide increased protection of public health. A few naturally occurring minerals may actually improve the taste of drinking water and have nutritional value at low levels. Unless otherwise noted, the data presented in this table is from testing done in the calendar year of the report. The EPA or the State requires us to monitor for certain contaminants less than once per year because the concentrations of these contaminants do not vary significantly from year to year, or the system is not considered vulnerable to this type of contamination. As such, some of our data, though representative, may be more than one year old. In this table you will find terms and abbreviations that might not be familiar to you. To help you better understand these terms, we have provided the definitions below the table.
|Disinfectants & Disinfection By-Products|
|(There is convincing evidence that addition of a disinfectant is necessary for control of microbial contaminants)|
|Haloacetic Acids (HAA5) (ppb)||NA||60||31.8||NA||NA||2019||No||By-product of drinking water chlorination|
|TTHMs [Total Trihalomethanes] (ppb)||NA||80||43.3||NA||NA||2019||No||By-product of drinking water disinfection|
|Barium (ppm)||2||2||.00403||NA||NA||2016||No||Discharge of drilling wastes; Discharge from metal refineries; Erosion of natural deposits|
|Exceeds AL||Typical Source|
|Copper – action level at consumer taps (ppm)||1.3||1.3||.264||2017||0||No||Corrosion of household plumbing systems; Erosion of natural deposits|
|Lead – action level at consumer taps (ppb)||0||15||8.19||2017||0||No||Corrosion of household plumbing systems; Erosion of natural deposits|
|ppm||ppm: parts per million, or milligrams per liter (mg/L)|
|ppb||ppb: parts per billion, or micrograms per liter (µg/L)|
|NA||NA: not applicable|
|ND||ND: Not detected|
|NR||NR: Monitoring not required, but recommended.|
|Important Drinking Water Definitions|
|MCLG||MCLG: Maximum Contaminant Level Goal: The level of a contaminant in drinking water below which there is no known or expected risk to health. MCLGs allow for a margin of safety.|
|MCL||MCL: Maximum Contaminant Level: The highest level of a contaminant that is allowed in drinking water. MCLs are set as close to the MCLGs as feasible using the best available treatment technology.|
|TT||TT: Treatment Technique: A required process intended to reduce the level of a contaminant in drinking water.|
|AL||AL: Action Level: The concentration of a contaminant which, if exceeded, triggers treatment or other requirements which a water system must follow.|
|Variances and Exemptions||Variances and Exemptions: State or EPA permission not to meet an MCL or a treatment technique under certain conditions.|
|MRDLG||MRDLG: Maximum residual disinfection level goal. The level of a drinking water disinfectant below which there is no known or expected risk to health. MRDLGs do not reflect the benefits of the use of disinfectants to control microbial contaminants.|
|MRDL||MRDL: Maximum residual disinfectant level. The highest level of a disinfectant allowed in drinking water. There is convincing evidence that addition of a disinfectant is necessary for control of microbial contaminants.|
|MNR||MNR: Monitored Not Regulated|
|MPL||MPL: State Assigned Maximum Permissible Level|
|For more information please contact:|
Contact Name: Gary Trout
Address: P.O. Box 508
Elkton, OR 97436