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HomeMy WebLinkAboutNotice PLANNER 6/4/2009 .\ \. AFFIDAVIT OF SERVICE STATE OF OREGON) )ss. County of Lane . ) cJ;~ . RECEIVED JUN 4 2009 By: ~jJui 13: ~ I 0; J f~ 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 ofthe 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 Tlf2f'11){;F1-fXJO/q l./fdU/ c2 J::p,,/u~ - l>tJJP tJ.J~ (See attachment "A") on 1014-- . 21)09 addressed to (see R..6heki:J.Uu:L Attachment B"). by causing said letters to be placed in a U.S. mail box with postage fully prepaid thereon. ':;) r. I ." JI ttc1Jtl LUC. ~~EU~I) . STATE OF OREGON, County of Lane . ~.M1.i 4- . 2009. Personally appeared the above named Karen laFleur, ~~am Technician, who acknowledged the foregoing instrument to be their voluntary act. Before me: . . 'rvJK-fk / /) OFFICIAL SEAL DEVETTE I(ELL Y NOTAAy PUBLIC. OREGON COMMISSION NO. 420381 MY COMMISSION EXPIAESAUCl, lB, aOl1 ~ /IS 11/ I ., My Commission Expires: '. OaK, i'(eceived' 6/~/.;w'1 Planner: AL .- . CITY OF SPRINGFIELD DEVELOPMENT SERVICES DEPARTMENT 225 FIFTH STREET SPRINGFIELD, OR 97477 (541) 726"3759 NOTICE OF DECISION 1: DRINKING WATER PROTECTION OVERLAY DISTRICT PERMIT , Date of letter June 4, 2009 Journal Number DRC2009-000 19 Aoolicant's Renresentative John M, Souza, PE KTA Associates, Inc, 800 Fifth A venue Suite 4100 Seattle, WA 98104 Aoolicant Ami Shah Walgreen Company 106 Wilmot Road, MS 1620 Deerfield, IL 600 IS Reauest App~oval is requested for a 1,2S0 ff tenant infill on the main floor of the RiverBend Payilion Building, which'is located at the Sacred Heart Medical Center, Construction of the RiverBend PavilioiI building, parking lots, landscaping and associated improvements was done in accordance with an approved Site Plan (DRC2006-000S9), The property is located at 3377 Riverbend Drive in Springfield (Assessor's Map 17-03-22-00, TL 4102), and the site is zoned Medica] Services (MS), The S year Time of Trave] Zone (TOTZ) - a reference contour on the City's wellhead protection maps - runs through the Sacred Heart Medica] Center site and intersects the subject building, Therefore, the Riverbend Pavilion is located on the boundary between the] -S year and the'!S-1 0 year TOTZs for the Sports Way wellhead, In accordance with Springfield Deve]opment Code (SDC) Sedtion 3.3-220,C.3, where properties have parts lying within one or more TOTZ they are governed by the more restrictive standards, For the purpose of this review, the applicant's submittal will be reviewed for compliance with the I-S year TOTZ regulations in accordance with SDC Section 3.3-23S,B, i: Back<!round Near]y 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 with any development application when the development will affect the storage, handling, treatment, use andlor production of hm;ardous materials that, in aggregate, pose a risk to groundwater (SDC 3,3-20S,B), This DWP decision is required prior to issuance of [mal i:. -,to , " ',-' ". '.' , .. Date, i>{sceived: bill.>>"? Planner: AL Ii ~ '-, ",.. occupancy for the tenant infill. Decision Preliminary Plan Approval, with conditions, as of the date of this letter, Other Uses Authorized bv the 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 the 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 with Springfield Fire Code 2703,1.2;' 2. A list of the chemicals to be monitored through the analysis of groundwater samples and a ,!,onitoring schedule if ground water monitoring is anticipated to be required; 3. 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 3.3-235,A; 4. A description of the primary and any secondary containment devices proposed, and, if applicable, clearly identified as to whether the devices will drain to the storm or sanitary sewer; 5. 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 materia]; 6. A description of the procedures for inspection and maintenance of containment devices and emergency equipment; 7. A description of the plan for disposition of unused hazardous materials or hazardous material waste products over the maximum allowable amounts including the type of transportation, and proposed routes, APPROVAL STANDARDS Springfield Development Code 3.3-235.B sets the standards for 1-5 year TOTZs: 1. . 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 in aggregate quantities not containing Dense Non-Aqueous Phase Liquids (DNAPLs) are allowed only upon compliance with containment and safety standards specified by the most recent Fire Code adopted by the City, 2. Unless exempted, all hazardous or other materials that pose a risk to groundwater shall be stored in areas with approved secondary containment in place (Springfield Fire Code 2702,1 and 2704,2.2), 3. All new use ofDNAPLs are prohibited, - 4. Any change in the type of use or an increase in maximum daily inventory quantity of any DNAPL is considered a new use and is prohibited, Date Received:~Jp/;)t'I1 Planner: AL 1 5. The following certain types of facilities or changes in chemical use and/or sto~age of hazardous or other materials that pose a risk to groundwater are prohibited: a. Hazardous material product pipelines used to transport the hazardous materia] off of the tax lot where it is produced or used; b. Injection wells, EXCEPTION: Dry wells for roof drainage; c. Solid waste landfills and transfer stations; d.. Fill materials containing hazardous,materials; e. Land uses and new facilities that will use, store, treat, handle and/or produce DNAPLs, 6. Requirements found in Springfield Fire Code 2704,2.2,5 for a monitoring pmgr~ and monitoring methods to detect hazardous or other materials in the secondary containment system shall ,be met for all amounts of hazardous materials that pose a risk to groundwater unless exempted.. j! . , 7. ,The following requirements for inspection and record keeping procedures for monthly in-house inspection and maintenance of containment and emergency equipment for aJI amounts of hafardous or other materials' that pose a risk to groundwater shall be met unless exempted: Schedules and procedures for inspecting safety and monitoring and emergency equipment. The applicant shall devel,pp and follow. a written inspection procedure acceptable to the Director for inspecting the facility for events or practices that could lead to unauthorized discharges or hazardous materials, An inspection check sheet shall be developed to be used in conjunction with routine inspections, The check sheet shall provide for tHe date, time, imd location of inspection; note problems and dates and times of corrective actions taken; and include the name of the inspector and the countersignature of the designated safety manager for the facili~, STAFF FINDINGS AND CONDITIONS Submittal Standards Procedural Finding I: The Applicant submitted a DWP Overlay District Development applicatio~ addressing SDC . 3.3-235 on May 18, 2009, The application was deemed complete for the review of a -1,250 ff tenant infill (Wa]greens clinical pharmacy) within an existing medica] office building, Ii Procedural Finding 2: City staff and the Springfield Utility Board (SUB) Water Quality Protection Coordinator have reviewed the submitted materials, The Springfield Fire Marshal's Office and SUB ~ ater Quality Protection will be conducting site inspections as may be necessary to ensure that any required secondary containment and spill protection measures are implemented, .' General Findin" ~!' II Finding 3: The 1-5 year TOTZ is highly susceptible to contamination from chemicals that may be spilled or leaked onto the ground surface, Special precautions, including tbe'safe handling and storage of c~emicals, will be required during building operations to prevent groundwater contamination, Any chemical spills or leaks must be cleaned up immediately and cleanup materials disposed off-site and in accordance with Lane County! and Oregon Department of Environmental Quality (DEQ) requirements, In every case, care shall be tak~n !:to prevent groundwater contamination, '. Date Received:!-Wd#' Planner: At. !~ !i . " .' , Aooroval Standards Finding 4: The nature of the proposed use for the medical office building (ie, storage and sale of medicine, medical supplies and pharmaceuticals) will result in quantities and types of hazardous materials that require special handling; storage, secondary containment, and proper disposal. The materials expected to be used, stored or produced in the tenant infill space include hazardous materials, pharmaceuticals and waste chemicals, Finding 5: The applicant has submitted a Hazardous Material Inventory Statement (HMIS), Hazardous Materia] Management Plan (HMMP), and Material Safety Data Sheets (MSDS) for the chemical agents to be used in the pharmacy, The app]icant's HMMP adequately addresses product and container labeling, provision of spill kits, spill prevention, and spill clean-up procedures, Finding 6: The applicant's HMMP provides for staff training on the proper handling and storage of chemicals and hazardous materials to be' used, stored and produced in the pharmacy, including provision for. reporting and cleaning up spills, spill containment, safe materials handling, signage, proper disposal of wastes, and ongoing inspections, Finding 7: To address the requirements ofSDC 3.3-235,D and the relevant sections.ofthe Springfield Fire Code, the applicant shall implement containment and safety measures as may be required to protect groundwater, Section 5,1 of the applicant's IiMMP adequately addresses the secondary containment requirement. All liquid and soluble hazardous materials will be stored in secondary containment. The secondary containment tubs or trays. will have. sufficient depth to contain at least 110% of the volume of the largest container, Finding 8: All hazardous materials typically associated with the operation of the pharmacy are to be stored with secondary containment as reconunended by SUB Water Qua]ity Protection and as approved by the Fire Marshal. Appendix C of the applicant's HMMP identifies 10 hazardous material storage and handling area locations, Section 3.4 of the applicant's HMMP states that pharmaceuticals may be hazardous materials and will be managed appIVp.:ately.. Finding 9: The applicant's HMMP states the facility is unlikely to generate appreciable quantities of hazardous waste, Finding 10: The applicant is not proposing to use, store or produce Dense Non-Aqueous Phase Liquids (DNAPLs) during normal operations, . In the event there is a change of use for the tenant lease space, storage or use of DNAPLs by future building occupants is also prohibited, Finding II: There are no anticipated operations that would be using or generating DNAPLs on the site, The applicant's HMIS sheets submitted on May 18, 2009 list the products to be used and stored on site, None of the listed products were found to contain DNAPL chemicals, Finding 12: Section 3.4 of the applicant's HMMP states.that.the Walgreens clinical.pharmacy will not purchase, store or use any DNAPLs on the premises, Additionally, prior to obtaining new hazardous materials, the Walgreens pharmacy will submit MSDSs to. SUB Water Quality Protection for their review to ensure the products do not contain any DNAPLs, The pharmacy will maintain a log' of all products reviewed for potential DNAPLs, Finding 13: Section 3.4 of the applicant's HMMP states that the pharmacy will submit an updated HMIS to SUB Water Quality Protection when hazardous materials are newly added or removed from the HMIS, Finding 14: The applicant is not proposing any activities or facilities that are listed as prohibited in accordance with SDC 3.3-235,B. Finding 15: Section 7,0 of the applicant's HMMP describes the pharmacy's policy for monitoring secondary containment are,as,,Mqnth]y insp,\ctions, of hazardous materials storage areas will use the inspection forms attached to the HMMP, Inspection and ma,inte.nfillce of the required secondary containment areas shall be in accordance . pate Received:~ PI1inner: AL ('j with adopted Fire Codes, I' If Finding 16: Sections 7,0 and 8,0 .ofthe applicant's HMMP describe the pharmacy's ::policy for inspection and record keeping procedures, Monthly inspections of hazardous materials and hazardous::waste will use inspection forms attached to the HMMP, ' Finding 19: As proposed, no groundwater monitoring is required at this site, Finding 20: Section 1.0 of the applicant's HMMP states that the Walgreens clinical :pharmacy is "unlikely to generate regulated hazardous waste at this time; therefore, hazardous waste management is not addressed within this Plan," Item #7 on page 3 of the applicant's project narrative describes a protocol for disposing of hazardous waste, However, the HMMP does not include this protocol. Additionally, the name(s) ahd contact infonnation for the individual(s) responsible for implementing the HMMP are not provided, Conclusion: 'The above findings indicate that the clinical pharmacy use can be protected if the applicant follows the provisions of the HMMP; instructs staff on proper use, handling and disposal of chemicals and hazardous wastes; and observes ongoing monitoring and inspection of containment measures, The following conditions of approval are applied for full compliance with the above stal)dards of SDC 3.3-235,B, SDC 3.3-225,D to F, and the Springfield Fire Code: ' , CONDITIONS OF APPROVAL: .. 1. All stored medicines and pharmaceuticals shall be kept in appropriate secondary containment as . described in the HMMP. 2. Prior to issuance of Final Occupancy, Section 5.1 of the HMMP shall be revise~ as necessary to clearly state all stored pharmaceuticals will be kept in secondary coutainment,and s~all clearly describe the type of secondary containment provided. The description shall include proyisions for securing the secondary containment devices to prevent materials from falling or spilling onto the floor. 3. Prior to issnance of Final. Occupancy, the HMMP shall be revised as necessary to state that secondary containment will be pr~vided "for any amount of hazardous waste produced dr stored at the facility, regardless of quantity. 4. Prior to issuance of Final Occupancy, the HMMP shall be .revised as necessary .to state that the clinical pharmacy will conduct hazardous waste inspections for any amount of hazaidous waste kept at tbe facility,.when applicable. 5. Prior to issuance of Final Occupancy, the HMMP shall be revised as necessary toanclude tbe protocol for proper management and disposal of hazardous waste. Unless written authori~tion is provided by the City, hazardous and pharmaceutical waste shall not be disposed in the sanitary sewer system. 6. Prior tooiss'uance of Final Occupancy, the HMMP shall be revised as necessary'to provide the name(s) and conta~t' iiiformatlOllc for the person(s) responsible for implementation of the HMMP, overseeing hazardous materials manag~mei.'t, and responding to hazardous materials spills 6r emergencies. 'ii ~ Date ~eceived'.: 04..1. Planner: AI " 7. Approval of the DWP Permit is subject to the SUB Drinking Water Protection Coordinator's and/or Springfield Fire Marshal's inspection of containment areas and safety equipment prior to Final Occnpancy, or after initial operation as may be authorized by the Fire Marshal. 8. An inspection is required to verify that the standards and conditions of approval are being met and that the measures described in the applicant's HM:MP and supporting materials are being followed at the clinical pharmacy. The applicant shall contact Amy Chinitz, SUB Water Quality Protection Coordinator at (541) 744-3745 to schedule an initial site visit prior to requesting Final Occupancy. 9. The applicant is advised that following issuance of Final Occupancy, the Fire Marshal and/or SUB Water Quality Protection. may perform follow-up visits to monitor the site for c~mp,liance with provisions of the HM:MPand this decision. Ouestions Please call the Development Services Department at (541) 726-3660 or Amy Chinitz at SUB Water Quality Protection (541-744_3745) if you have questions regarding this process, Preoared bv Ii;:C ~ltf; II / Date f~eceived:.JJ!.I~'1 Planner: AL .'J,l -~, ' '1.' .. ' :: ~ . -----,.-.-..--- -~_.__.~_._"--------------'~- --~------ Ami Shah Walgreen Company 106 Wilmot Rd, MS 1620 Deerfield, IL 60015 DEVELOPMENT SERVICES PLANNING DEPARTMENT 225 FIFTH STREET SPRINGFIELD, OR 97477 John M Souza.FE KTA Associates, Inc. 800 Fifth Avenue Ste 4100 Seattle, WA 98104 ..... ; .' 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