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HomeMy WebLinkAboutNotice PLANNER 7/24/2008 , .' .-.Y .. , /;)~t!v , ," RECEIVED JUL 242008 AFFIDAVIT OF SERVICE , . By: 'll~~ ~J~/'ot, STATE OF OREGON) )55. County of lane ) (~ I, Karen laFleur, being first duly sworn, do hereby depose and say as follows: 1. I state that I am a Program Technician for the Planning Division of the Development Services Department, City of Springfield, Oregon. 2. I state that in my capacity as, Program Technician, I prepared and caused to be mailed copies of "PR.C2.odj? -ooO'fI-y.,r;:tfn d ])d.~ - 7J/l.JPO~ - , (See attachment nAn) on 7/') 4-- ,2008 addressed to (see ~ Attachment Bn);by causing said letters to be placed in a U.S.,mail box with postage.fully prepaid 'thereon. ~~O\~ KA~E~ LaFLEUR ' STATE OF OREGON, County of lane ' " ~ ' ~ At 1/r...!Jt.l- ' .2008. Personally appeared the above n~med Karen laFleut , (program(jechnician, who acknowledged the foregoing instrument to be their voluntary aCi.- Before me: , OFFICIAL SEAL DEVETTE KELL V NOTARY PUBLIC - OREGON COMMISSION NO, 420351 MY COMMISSION EXPIRES AUG, 15: 2011 l:vjAd;G , /<J hu/ ~U u My Commission Expires: f5 lIt.=; / II I ~ Da,te Recei~ed:~ba,,f-' Planner: AL ;J- . CITY OF SPRINGFIELD DEVELOPMENT SERVICES DEPARTMENT 225 I'll' U:1. STREET SPRINGFIELD, OR 97477 (541) 726-3759 NOTICE OF DECISION DRINKING WATER PROTECTION OVERLAY DISTRICT PERMIT Date of letter, July 24, 2008 Journal Number DRC2008-00041 Annlicant Dick Beemer Beemer Enterprises 4078 N. Clarey St. Eugene, OR 97402 Develoner Chuck McGlade McGlade & Alberts LLC 4055 Spring Blvd. Eugene, OR 97405 Reauest Approval is requested for tenant infill occupancy of a -1,485 ft' retail space witbin a 10,000 ft' commercial building. The commercial building, parkirig lot and site landscaping are being constructed in accordance witb Phase I of an approved Site Plan (DRC2006-00074). The property is located at 130 S. 32nd Street in Springfield (Assessor's Map 17-02-31-00, TL 501), and tbe site is zoned and designated Community Commercial (CC), The subject building is entirely within tbe 10-20 year Time of Travel Zone (TOTZ) arid will be reviewed in accordance witb Springfield Development Code (SDC) Section 3.3-235,D. Back!ITound Nearly one hundred percent of Springfield's drinking water comes from wells. Springfield's drinking water supply and water quality protection is a critical part of Springfield's Drinking Water Protection Plan. A Drinking Water Protection (DWP) Overlay District application is required in conjunction witb any development application when tbe development will affect the storage, handling, treatment, use and/or production of hazardous materials tbat, in aggregate, pose a risk to groundwater (SDC 3.3-205.D). A Site Plan application (DRC2006-00074) fortbe subject property was approved witb conditions on November 15, 2006. ,This DWP decision is a condition of site plan approval and final occupancy for tbe tenant space. Decision Preliminary Plan'Approval, witb conditions, as oftbe date oftbis letter.' -. '. '.. +" . ....r-;~ f "~':. Date Received: ~/;r/~r Planner: AL ,. :.~: j. .~'... t " .. Otber Uses Autborized bv tbe Decision None. SUBMITTAL STANDARDS SDC 3.3-225.D sets standards for review materials: 1. A Hazardous Material Inventory Statement and a Material Safety Data Sheet for any or all materials entered in tbe Statement unless exempted under Section 3.3-230. 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 witb Uniform Fire Code 8001.15.1; 2. A list of tbe chemicals to be monitored through tbe analysis of groundwater samples and a monitoring , schedule if ground water monitoring is anticipated to be required; 3. A detailed description of tbe activities conducted at the facility tbat involve tbe storage, handling, treatment, use or production of hazardous materials in quantities greater tban tbe maximum allowable amounts as stated in 3.3-235.A; , 4. A description of tbe primary and any secondary containment devices proposed, and, if applicable, clearly identified as to whetber the devices will drain to the storm or sanitary sewer; 5. A proposed Hazardous Material Management Plan for tbe facility tbat indicates procedures to be followed to prevent, control, collect and dispose of any unautborized release of a hazardous material; 6. A description of tbe procedures for inspection and maintenance of containment devices and emergency equipment; 7. A description of tbe plan for disposition of unused hazardous materials or hazardous material waste products over tbe maximum allowable amounts including the type of transportation, and proposed routes. APPROVAL STANDARDS Springfield Development Code 3.3-235.D sets the standards for 10-20 year TOTZs: 1. The storage, handling, treatment, use, production or keepIng on' premises of more than 20 gallons of hazardous materials tbat pose a risk to groundwater in aggregate quantities, is allowed only upon compliance witb containment and safety standards specified by tbe most recent Fire Code adopted by the City, ' STAFF FINDINGS AND CONDITIONS Submittal Standards Procedural Finding I: The Applicant submitted a DWP Overlay District Development application addressing SDC 3.3-235 on June 30, 2008, The application was deemed complete for tbe review of a -1,485 ft'retaillease space witbin a 10,000 ft' commercial building. Procedural Finding 2: The City of Springfield Planning Staff and Springfield Utility Board (SUB) Water Quality Protection Coordinator have reviewed tbe submitted materials. Additionally, tbe SUB Water Quality Protection Coordinator has consulted witb tbe applicant and conducted site inspections to ensure tbat appropriate secondary h. ,'.C;,f:' , Date Raceived: 11:>''11~ Planner: AL .... :. :.1"~'. , .i...\~:.. .... , i./ containment and,spill protection measures are implemented. General Findinl! Finding 3: The 10-20 year.TOTZ is susceptible to,contamination frOIIl chemicals tbat maybe spilled or leaked onto the ground surface. Special,precautions, including the safe handling and storage of chemicals, will be required ~uring construction and operations to prevent groundwater contamination, Any chemical spills or leaks must be cleaned up immediately and cleanup materials ,disposed off-site and in accordance witb Lane County and Oregon Department of Environmental Quality (DEQ) requirements. In every case, care shall be taken to preyent groundwater contamination.. Aooroval Standards , Finding 4: The nature of the proposed food service (restaurant) use for tbe tenant space is not likely to result in quantities and types of hazardous materialstbat require special handling, storage and secondary containment. The chemicals expected to be used in tbe restaurant include cleaning and disinfectant agents as described in tbe applicant's submittal.' The applicant has submitted Material Safety Data Sheets (MSDS) for the cleaning supplies, but a comprehensive Hazardous Material Inventory Statement (HMIS) and Hazardous Material Management PI,," (HMMP) were not submitted. " .. Finding 5: To address tbe requirements of SDC 3.3-235.D and tbe. relevant sections of the Springfield Fire Code, tbe applicant shall implement containment and safety measures as may be -required to protect groundwater. Finding 6: The parent developer will be required to install Wellhead Protection signs at conspicuous locations in the site parking lot and at the trash enclosUres in accordance with tbe Site. Plan approval for the development (DRC2006-00074), Standari:l signs are available from SUB Water Quality. Protection at a nominal cost. ,Please contact Amy Chinitz, SUB Water Quality Protection Coordinator, at (541) 744-3745 for more information. Finding 7: The applicant'; project narrative states that tbey believe 'the materials to be used in tbe restaurant would qualify for an exemption from Drinking Water Protection regulations. However, the applicant has not submitted an exemption request witb tbe DWP application. A DWP Exemption Reques~ Form is attached to tbis decision for tbe applicant's use. . . Finding 8: The applicant shall commit 10 training staff on tbe proper h~ndling and storage of chemicals to he used in the restaurant, including provision for reporting and cleaning up spills, spill containment, safe materials handling, signage, and ongoing inspections. Finding 9: All hazardous materials typically associated witb the restaurant's, operations and maintenance activities shall be stored witb secondary containment as recommende? by SUB Water Quality Protection and as approved by tbe Fire Marshal. Finding 10: The applicant is not proposing to use or store Dense Non-Aqueous Phase Liquids (DNAPLs) during normal restaurant operations. In the event tbere is a change of use for the tenant'space, storage or use of DNAPLs by future building occupants is also prohibited. ' Finding II: There are no anticipated operations tbat would be using. or generating DNAPLs on tbe site. The applicant's MSDS sheets submitted on June 30, 2008 did not contain DNAPL chemicals. Finding 12: SUB Water Quality Protection has not received and reviewed the MSDS, HMMP and HMIS documentation for products to be used in other tenant lease spaces or elsewhere on, tbeproperty (such as fertilizers and pesticides applied to parking lot and site landscaping areas). Because tbe applicant's submittal is li!!l,iled !o'ac!i~ities o~cl'rrjng :witb~ the -1,485 ft' lease space, this DWP Permit is for tbe easterly unit witbin .... - . "..' ' ~H. \ .2.,,'. :"-':;;1~i'" Dato P""v:eived: 7/,<//~! Planner: AL I I /,:', --......f tbe 10,000 ft' Phase I commercial building. Separate DWP application(s) or waiver requests will be required, on a case-by~case basis, for the vacant -8,515 ft' remainder of the building (and future buildingsllease space elsewhere on tbe site) prior to issuance of occupancy. Finding 13: The applicant is not proposing any activities or facilities that are listed as prohibited in accordance with SDC 3.3-235,D. Finding 14: The existing parking lot catch basins that serve the development area have been fitted with filter media to prevent deleterious materials from directly entering tbe groundwater and stonriwater system. However, tbe parking lot and outdoor landscaping areas are not. designed witb appropriate secondary containment for hazardous materials (such as shut-off valves or similar measures). Finding 15: Inspection and maintenance of the required secondary containment areas shall be in accordance witb adopted Fire Codes. Finding 16: As proposed, no groundwater monitoring is required at tbis site. Conclusion: The' above [mdings indicate tbat tbe restaurant use can be protected if tbe applicant follows tbe proposed groUndwater protection measures in tbe project narrative, instructs staff on proper use and handling of chemicals, and observes ongoing monitoring and inspection of containment measures. The following conditions of approval are applied for full compliance with tbe above standards of SDC 3.3- 235.D, SDC 3.3-225.D toF, and tbe Springfield Fire Code: CONDITIONS OF APPROVAL: 1. All chemicals kept or used on-site must be. consistent with tbose listed in tbe submitted MSDS sheets. 2. Approval of the DWP Permit is subject to the Springfield Fire Marshal's inspection of containment areas and safety equipment. 3. The applicant shall submit.a request for DWP Exemption for review and approval by SUB Water Quality Protection. The applicant shall provide a copy of the approved exemption to tbe City prior to issuance of. occupancy for the subject lease space. , 4. Separate DWP applications or exemption requests will' be required prior to issuance of occupancy for vacant lease space in tbe remainder of tbe commercial building (-8,515 ft') and future buildings on tbe .site.. Ouestions Please call tbe Development Services Department at 726-3660 or Amy Chinitz at SUB Water Quality Protection (744-3745) if you have questions regarding this process. P=d;a ~mb" tJ Planner IT :.. , " Data Received' Planner: AJ.. -1);r-II.;;>&o~ ?t", ,,:'.:}:':..;':"!"-l '.' .' 'PR'NO"HDN 1Il1j'1'Il'J~i;j:7Ii'It1;;I=I~'JI{'J;i.:r~'i.,~ DEVELOPMENT SERVtCES tIfJ PLANNING DEPARTMENT 225 FIFTH STREET 'SPRINGFIELD, OR 97477 Dick Beener 4078 N Clarey St Eugene. OR ~7402 SPR'NG"HD~ IiIljlAllt");f.."j:l:IM't1.1I=1l/'M,j:/.:r~f"li'~ . . DEVELOPMENT SERVICES _ PLANNtNG DEPARTMENT 225 FIFTH STREET SPRINGFIELD, OR 97477 Chuck McGlade 4055 Spring Blvd Eugene, OR 97405 '." .. ....,. , ' , D'st;." ." ~" . " I :' . ~"";"~.!' '.~.."~' 7 "'/ " , .". .~'. ./...."". 0( l) ,Pram,,,,,., ,;/.. '. , : "]3"