HomeMy WebLinkAboutCorrespondence PLANNER 3/19/2008
Hexion
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HOPKINS Steve
From: HOPKINS Steve
Sent: Wednesday, March 19, 2008257 PM
To: Robinson, Michael C (Perkins COle)
Cc: DONOVAN James
Subject: RE Hexlon
PRE-5UBMITTAL REC'O
MAR 1 9 2008
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Our meeting last week was very informative and gave a better understanding of the Hexion site and
what IS being proposed During our dIScussion, you noted several citations from the SDC that you felt
were applicable and could have an Impact to the city's review of the project Based on our discussIOn
and the information provIded at the meeting, a Type II Major Site Plan Modification will be the only
applIcation required for the Hexion project ThIs is a land use decision with public nobce. A hearing is
not required.
Although your message indicated a minor modificabon could be processed for the portion of the
facility located in the HI zone, SDC 5.17-145(C)(2) requires a major modification because the site is
adjacent to residential uses.
There IS one point of clarification still needed. At the meeting on 2/22, the number of new delIvery
trucks was estimated to be 4-5 trucks per week During the meeting on 3/12, the number of trucks was
estimated to be 4 per day
For the followmg reasons, a Major Site Plan ModIfication is the only permIt needed for the proposed
project.
1 Major Site Plan ModIfication required. Because the site is zoned industrial and IS adjacent to
residential uses to the east and to the south, a change to the site plan requires a major
modIfIcation. SDC 5.17-145(C)(2).
2. ModIfication of a Non-Conforming Use not required' Because SDC 5.8-140(B) is applicable,
an applIcation for ModifIcabon of a Non-Conforming Use IS not required The site is zoned
LMI and HI and contams a chemIcal processing facility. This is not an allowed use in the
LMI zone, but is allowed in the HI zone The site also abuts the LDR zone to the east and
the south Because of this, only a Site Plan Review is requITed It does not appear that SDC
5.8-140(A) is applIcable because that subsecbon applies only within Glenwood.
3. Greenway and DIscrebonary Use not required: Because there will be no significant visual
impact, a Greenway permit is not required [SDC 3.3-320(B)]. The Greenway permit would
have been processed as a Discrebonary Use. Because the Greenway permit is not required,
the DU is not required (SDC 3 3-315)
4. Floodplain not required: Replacement of a "T" fItting on the eXIsting storage tank is not
expected to have an impact on the flood carrying capaCIty of the flood hazard area.
As you stated in your message, it would be very helpful to VIsit the site. If future changes are planned,
this familiarity will allow the city to quickly determine what permits, if any, would be requITed.
An application for a Final Site Plan Equivalent was submItted on Feb 14. It will be approved and issued
tomorrow.
3/19/2008
Hexion
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The pre-application for a Major Site Plan Modification was also submitted Feb 14 A pre-submittal
meeting was held on Feb 22. At that meeting, the Major ModificatIon was considered incomplete and
waiting additIonal informatIon. The addItional info was obtained during our meeting last week and
from the revised sIte plan map that was submitted on March 14 The next step is to submIt the
complete application package using the revised site plan map and the fee ($4,308.80). A copy of the
application form is attached.
Let me know if you have any questIons
Steve HopkIns, AICP
Planner JJ
Development ServIces Dept
CIty of Sprmgfield
726-3649
PRE-SUBMITTAL REC'D
MAR 1, 9 2008
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From: Robinson, Michael C. (Perkins Coie) [mailto:MRobinson@perklnscoie.com]
Sent: Wednesday, March 19,2008 11:34 AM
To: DONOVAN James
Cc: HOPKINS Steve
Subject: RE: Hexion
Thanks, Jim Mike
Michael C. Robinson
Attorney at Law
PerkinS COle LLP
Phone 503-727-2264
From: DONOVAN James [mallto:]donovan@ci.spnngfleld.or.us]
Sent: Wednesday, March 19,200811:02 AM
To: Robinson, Michael C. (Perkins COle)
Cc: HOPKINS Steve
Subject: RE: Hexlon
HI Mike,
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Steve and I have come up With a response I think you will appreciate Steve IS drafting the answer and will have It
back to you by tomorrow Thanks for your patience
JD
From: Robinson, Michael C. (Perkins Coie) [mallto:MRobinson@perklnscoie.com]
Sent: Tuesday, March 18,20088:22 PM
To: DONOVAN James
Subject: Hexlon
3/19/2008
Hexion
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Jm, Have you had a chance to take a look at my e-mail from last Thursday? Thanks. Mike
NOTICE: This communication may contain privileged or other confidential information. If you have
received it in error, please advise the sender by reply email and immediately delete the message and
any attachments without copying or disclosing the contents. Thank you.
PREDSUBMITTAl REC'D
MAR 1 9 2008
3/19/2008
My Client, Hexion Specialty C"'~'llicals
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HOPKINS Steve
From: Ryan, Connne F (PerkIns COle) [CRyan@perklnscole com] on behalf of Robinson, Michael C
(PerkIns COle) [MRoblnson@perklnscole com]
Sent: Thursday, March 13, 2008433 PM
To: DONOVAN James
Cc: HOPKINS Steve, LEAHY Joe (HL), m howard@satrepc com, Robinson, MIchael C (Perkins COle)
Subject: My Chent, Hexlon SpecIalty Chemicals PRE-SUBMITTAL REC'O
MAR 1 3 2008
Dear Jim,
Thank you for taking the time to meet with Michael Howard and me on Wednesday. I am writing to
confirm our discussion and to ask for your confirmation of the conclusions contained in this' emait-.I
will not treat your response as a land use decision for purposes of appeal.
1. Description of proposed improvements.
Hexion proposes two improvements on its property in order to facilitate truck transportation of methanol
to its Springfield facility. First, in the portion of the property zoned Heavy Industrial ("HI"), Hexion
proposes to install an above-ground pump and pipe for unloading of the trucks. The trucks will enter the
Hexion facility at "D" Street and 2nd Street, and exit at "C" Street. No new driveways, parking areas or
access points will be constructed. Hexion expects about four (4) truck trips per day to this facility. The
pipe will be routed to and across the existing pipe bridge over the Union Pacific Railroad where a new
"T" connection will be installed to the existing pipe. This will allow the methanol to be piped to the
existing storage tank and, containment area in the Light Medium Industrial ("LMI") zoning district north
of the railroad tracks.
The City has determined that the Hexion facility is a chemical processing use. A chemical processing
use is a permitted use outright in the HI zoning district. Springfield Development Code ("SCD") 3.2-
410. A chemical processing facility is not permitted in the LMI zoning district, but the City has
determined that it is a non-conforming use, i.e., meaning that it was lawfully established but no longer
conforms to applicable SDC requirements.
You also noted during our meeting that there are non-conforming development issues associated with
the portion of the property zoned HI, but these would not interfere with your consideration and potential
approval of the applications we discussed. You also mentioned that the existing methanol tank and
containment area (a wall) has been improved since a spill and breach several years ago.
2. Permits required.
F or the HI zone, we agreed that only a Site Plan Modification application is required. SDC 5.17-100
contains the Site Plan requirements. You agreed that this permlt would be processed as a minor site plan
modification as specified in SDC 5.17-145. We believe that the proposed minor improvement in the HI
zone will have no adverse impact on water quality or residential uses.
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For the LMI zone, as many as three (3) permits may be required. First, the City will require a ~ Plan
Modification lust like the HI zoning district. Second, the City may require both a .Discretionary Use
permit and Non-Conforming Use Modificationapplication. Howe\;'er, we discussed why a Non-
Confurming Use Modification application may not be required. A0 - rl!t}/rir'fd bv I-fL~ +'f:': ~ ?
SDC 5.18-140 is in the non-c~mforming use section of the Springfield Development Code and is entitled
3/17/2008
My Client, Hexion Specialty C~ 'licals
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"Exemptions." Subsection A provides in relevant part: "Commercial and industrial buildings and uses
existing and legally permitted. . . shall be exempt from [SDC] sections 5.8-115, 5.8-120 and 5.8-125."
Subsection B provides: "Any proposed expansion on property zoned or designated LMI that has a use
listed under HI, as specified in section 3.2-410, and abuts any residential use, shall require Site Plan
Reviewapproval. The exemption shall apply applies [sic] as follows: To expansions, regardless of the
direction, buildings or land or both; and expansions onto contiguous properties under the same
ownership. "
Assuming for the purposes of discussion that the Hexion facility, constructe9 in 1948, was legally
permitted at that time, it is also existing and, therefore, pursuant to'SDC 5.18-140.A, it is exempt from
SDC sections 5.8-115 through 5.8-125. We agreed that because the property is zoned LMI and has a use
listed under the HI zone, that it is subject to Site Plan approval. Based on the above, it appears that the
plain language ofSDC 5.18-140.A exempts this application from a Non-Conforming Use Modification
application if the applicant demonstrates that the use was legally permitted.
3. Process.
We discussed the processing of each of these applications. A Site Plan permit and a Non-Conforming
Use Modification application are reviewed under the Type II process. We also discussed and agreed
that the Discretionary Use permit could be pro(;essed as a Type II permit because there will be no
adverse impact on adjoining land uses. Because the discretionary use applies only to the LMI zone, and
because the only development proposed in that zone is the installation of a "T" connection to the
existing pipe, there can be no adverse impact on adjoining land uses. Moreover, it appears that the
impact, if any exists today, will be reduced because the purpose of the development is to provide truck
loading instead of rail loading which currently occurs in the LMI zone. Consequently, there will be less
activity in the LMI zone. '
Finally, we disc.ussed whether a Willamette River Greenway permit or a Flood Plain Overlay permit is
required. A Willamette River Greenway permit is required under SDC 3.3-320 only where any change
or intensification of use or construction that has a significant visual impact. We agreed that the
installation of a "T" connection in the pipe will not have a significant visual impact because of its
distance from the Greenway and,the location of intervening uses will block any visual impact even if the
small "T" connection could be seen. We also agreed that a Flood Plain Overlay permit is not required
since this development will not occur within the Flood Plain Overlay area.
Would you please confirm the processing of the permits through the Type II process and that the only
permits required are Site Plan Review (minor modification\ Discretionary Use and possibly a No~-
Conforming Use Modification? We would also appreciate your reviewing whether a Non-Conforming
Use Modification is required, nor whether you agree that it could be exempt with the proper evidentiary
showing. .
4. Other issues.
I raised with my client in a phone call on Wednesday the two (2) separate issues we discussed. First, I
have asked my client whether it will allow Mr. Hopkins to visit the plant. Provided that no camera is
included in his visit and the purpose of the visit is to acquaint himself with the existing facilities, the
visit would assist Mr. Hopkins in his review and potential approval of the Hexion applications. Second,
I mentioned to my client that the City would like to see .a dedication of a portion of the land adjacent to
the millrace. If Hexion were willing to consider this dedication, I understand the City would be willing
to consider, subject to a proper application and a public hearing, the vacatio~~Alf :.Jil.J-SKeet
west of 2nd Street. I will let you know after my client gets back to me on th~s~~ JM~~l:!sr/"\L <I:t.,-U
MAR 1 3 2008
3/17/2008
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My Client, Hexion Specialty C' llicals
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Thanks again for your courtesy and assistance. Should you have any questions about this email, please
call me.
Mike
Michael C. Robinson
Attorney at Law
PerkinS COle LLP
1120 N W Couch Street, Tenth Floor
Portland, OR 97209-4128
Phone 503-727-2264
Mobile 503-407 -2578
Fax 503-346-2264
www perklnscole com
sent by Corinne F. Ryan
Legal Secretary to MIchael C Robmson
and Seth J. Kmg
Perkins Coie LLP
1120 N.W. Couch Street, Tenth Floor
Portland, OR 97209-4128
Phone: (503) 727-2000
DIrect: (503) 727-2137
Fax' (503) 727-2222
IMPORTANT TAX INFORMATION: ThIs commumcatIon is not mtended or written by Perkins Coie LLP
to be used, and cannot be used by the taxpayer, for the purpose of aVOIdmg penalties that may be
unposed on the taxpayer under the Internal Revenue Code of 1986, as amended.
NOTICE: This communication may contain privileged or other confidential information. If you have
received it in error, please advise the sender by reply email and immediately delete the message and
any attachments without copying or disclosing the contents. Thank you. .
PRE.SUBMIITAL REC'D
MAR .2 2 2008
3/17/2008