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HomeMy WebLinkAboutNotice PLANNER 5/22/2009 q~ RECEIVED AFFIDAVIT OF SERVICE MAY 222009 By: ~~ 6!Jf(!, ~l~ I (rf 7pr STATE OF OREGON ) )ss. County of lane ) I, Karen laFleur, being first duly s)Norn, do hereby depose and say as follows: 1. 'I state that lam 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 ofJ>"RCWO"l-DDOlc; -11rrtiu c(t,~ - bu.JP~- (See attachment "A") on ..5/2-L. 2009addressed to (see W~ Attachment B~'), by causing said letters to be placed in a U.S. mail box with postage fully prepaid thereon. '-cK~ cX<<-~ KARE} LaFLEUR STATE OF OREGON, County of lane I, ---rntV.A d.)-- . 2009. Personally appeared the above named Karen laFleur, Prograrllrechnician, who acknowledged the foregoing instrument to be their voluntary act. Before me: A ~ OFFICIAL SEAL' DEVETTE KELLY NOTARY PUBLIC' OREGON COMMISSION NO. 420351 MY COMMISSION EXPIRi:S AUG, 15, 2011 1~'KeJ}~ My Commission Expires: rr //61// I CITY OF SPRINGFIELD DEVELOPMENT SERVICES DEPARTMENT 225 FIFTH STREET SPRINGFIELD, OR 97477 (541) 726-3759 NOTICE OF DECISION DRINKING WATER PROTECTION OVERLAY DISTRICT PERMIT Date ofletter May 22, 2009 Journal Number DRC2009-000 IS Aoolicant Loren Berry Berry Architects 460 E. 2nd Avenue Eugene, OR 97401 Prooertv Owner PeaceHealth Oregon 123 International Way Springfield, OR 97477 Reouest Approval is requested for a 20,000 ft' tenant infill on the fifth floor of the RiverBend Pavilion Building, which is located at the Sacred Heart Medical Center. Construction of the RiverBend Pavilion building, parking lots, landscaping and associated improvements was done in accordance with an approved Site Plan (DRC2006-00059). The "w,,~';i is located at 3377 Riverbend Drive in Springfield (Assessor's Map 17-03-22-00, TL 4102), and the site is zoned Medical Services (MS). The 5 year Time of Travel Zone (TOTZ) - a reference contour on the City's wellhead protection maps - runs through the Sacred Heart Medical Center site. and intersects the subject building. Therefore, the Riverbend Pavilion is located on the boundary between the 1-5 year and the 5-10 year TOTZs for the Sports Way wellhead. In accordance with Springfield Development Code (SDC) Section 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 1-5 year TOTZ regulations in accordance with SDC Section 3.3-235.B. BacklITound Nearly one hundred percent ofSpringfi~ld'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 and/or production of hazardous materials that, in aggregate, pose a risk to groundwater (SDC 3.3-205.B). This DWP decision is required prior to issuance of [mal occupancy for the tenant infill. t 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 1 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 monitoring 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 material; 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. 5. The following certain types of facilities or changes in chemical use and/or storage of hazardous or oilier materials that pose a risk to groundwater are prohibited: a. Hazardous material product pipelines used to transport the hazardous material 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 program '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. 7. The following requirements for inspection and record keeping procedures for monthly in-house, inspection and maintenance of containment and emergency equipment for all amounts of hazardous or other materials that pose a risk to groundwater shall be met unless exempted: Schedules and procedures for inspecting r safety and monitoring and emergency equipment. The applicant shall develop 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, and location of inspection; note problems and dates and times of corrective actions taken; and include the name of the mspector and the countersignature of the designated safety manager for the facility, STAFF FINDINGS AND CONDITIONS Submittal Standards Procedural Finding I: The Applicant submitted a DWP Overlay District Development application addressing SDC 3.3-235 on April 17,2009. The application was deemed complete for the review of a -20,000 ft' tenant infill (oncology clinic) within an existing medical office building. Procedural Finding 2: The City of Springfield Planning Staff and Springfield Utility Board (SUB) Water'Quality Protection Coordinator have reviewed the submitted materials. The Springfield Fire Marshal's Office and SUB Water 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 Findinl! Finding 3: The 1-5 year TOTZ is highly susceptible to contarriination from chemicals that may be spilled or leaked, onto the ground surface. Special precautions, including the safe handling and storage of chemicals, 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 taken to prevent groundwater contamination. Aooroval Standards Einding 4: The nature of the proposed use' for the medical office building (ie. storage of pharmaceuticals and t equipment for an oncology clinic) 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 ilifill space include pharmaceuticals, medical waste, waste chemicals, and hazardous waste. Finding 5: The applicant has submitted a Hazardous Material Inventory Statement (HMIS), Hazardous Material Management Plan (HMMP), and Material Safety Data Sheets (MSDS) for the chemical agents to be used in the clinic. The applicant'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 onthe ".v,,~,handling and storage of chemicals and hazardous materials to be used, stored and produced in the clinic, 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,Dand the relevant sections of the 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 HMMP 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 clinic are to be stored with secondary containment as recommended by SUB Water Quality Protection and as approved by the Fire MarshaL Annex B of ' the applicant's HMMP identifies six hazardous material storage area locations. Section 4.4 of the applicant's HMMP states that ,pharmaceuticals may be hazardous materials and will be managed appropriately. Finding 9: Section 8.2 of the applicant's HMMP states that "the sanitary sewage system operator may restrict the disposal of some pharmaceuticals to the sanitary sewer". The applicant must clarify this policy with,the City of Springfield Public Works Department and provide specifics in the HMMP regarding guidelines for the disposal of pharmaceuticals to the sanitary sewer system. Finding 10: The applicant is not proposing to use, store or produce Dense Non-Aqueous Phase Liquids (D~APLs) 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 11: There are no anticipated operations that would be using or generating DNAPLson the site. The applicant's HMIS sheets submitted on April 17,2009 list,the products to be used and stored on site. None of the listed products were found to contain DNAPL chemicals. . ' Finding 12: Section 4.4 of the applicant's HMMP states that the tenant will not purchase, store or use any DNAPLs in the clinic. Additionally, prior to obtaining new hazardous materials, the tenant will submit MSDSs to SUB Water Quality Protection for their review to ensure the products do not contain any DNAPLs. The clinic will maintain a log of all products reviewed for potential DNAPLs. Finding 13: Section 4.4 of the applicant's HMMP states that the clinic 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 nOLproposing any activities or facilities that are listed as prohibited in accordance with SDC 3.3-235.B. ' Finding 15: Section lO.O of the applicant's HMMP describes the clinic's policy for monitoring secondary containment areas. MontWy inspections of hazardous materials and hazardous waste will use the inspection forms attached to the HMMP. Inspection and maintenance of the required secondary containment areas shall be in accordance with adopted Fire Codes. ' Finding 16: Sections 10.0 and 1l.0 of the applicant's HMMP describe the ~Iinic'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 17: The applicant's HMMP follows the standard procedure for notification of a hazardous material release in Springfield (ie. to call 911), which dispatches information to SUB Water Quality Protection. Following this procedure is important because SUB needs to be notified as soon as possible if a chemical release has the potential to contaminate groundwater resources Or nearby drinking water wells. Finding 18: As proposed, no groundwater monitoring is required at this site. Conclusion: The above findings indicate that the medical clinic 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 ofapproval are applied for full compliance with the above standards of.SDC 3.3-235.B, SDC 3.3-225.D to F, and the Springfield Fire Code: CONDITIONS OF APPROVAL: 1. Approval of the DWP Permit is snbject to the SUB Drinking Water Protection, Coordinator's and/or Springfield Fire Marshal's inspection of containment areas and safety equipment prior to Final Occupancy, or after initial operation as may be authorized by the Fire Marshal. 2. Storage areas for hazardons materials, including pharmaceuticals, shall be eqnipped with appropriate secondary containment measures'satisfactory to the Fire Marshal. 3. The applicant shall 'obtain written verification from the City consenting to disposal of waste pharmaceuticals to the sanitary sewer system. If disposal to the sanitary sewer system is not feasible, the applicant's BM:MP shall blC revised as necessary to provide for an alternate disposal method satisfaCtory to the City. 4. An inspection is reqnired to verify that the standards and conditions of approval are being met and that the measnres described in the applicant's BM:MP and supporting materials are being followed at the clinic. The applicant shall contact Amy Chinitz, SUB Water Qnality Protection Coordinator at 744-3745 to schedule an initial site visit prior to reqnesting final occupancy. 5. The applicant is advised that following issnance of Final Occnpancy, the Fire Marshal and/or SUB Water Quality Protection may pe'1orm follow-up visits to monitor the site for compliance with provisions of the BM:MP and this decision. ' , puestion~ Please call the Development Services Department at 726-3660 or Amy Chinitz at SUB Water Quality Protection (744-3745) if you have questions ,regarding this process. ""'"""~~ ,.., .".',: .: ". , " ", _ <i'" 1'" '>... . ,!.""",',<~o ' -:', . '~,; ,i,,;,........,.',. ...',','~,~" - "' ',' ','~.~,,!~,.~_\'''',l,,':'' .,','":~;'"""",:,~,~:,,,\,,-,~,:".'~.,',:l,.;~,,t,,',t.,~~,.,",_,"l':" ,," :,:{~;~:~~:.: :;,';0; ,:,.CITY OF,SPfUNGFIELI) ':1::,~\ ,"" " I:' DEVELOPMENT SERVICES DEPARTMENT " " . i ::, " "" ",r.,','; 2255th ST .,' !: !i ", . SPRINGFIELD, OR 97477, . i,'" .~., . " <, :,.1 t "I' ~....,,-~.. '~ . :.....' t ~ r "~'I ........_l'....~::.-..... ,,' _.,~,' d~i,~--' _ ....,...-, ,._,.",_...1, ,~..,,-'"'~ Loren Berry Berry. Architects 460 E 2nd Avenue Eugene, OR 97401 - , ~:' . . ____.'_..._._..- _.....,.: ._' :J_. .'-.11.' ,_:.t:,~,::;>:r~;.~;c ;:,":>;, CITY OF SPRiNGFIELD , 'DEVELOPMENT SERVICES DEPARTMENT , " " '225 5th ST" . ",', . " "".'~..". " .- ~ ,- ., SPRINGFIELO:OR'97477 "~~ ," ~ <' ~~:t :H" ., ".' ';11, .1;' '.', " "". PeaceHealth Oregon 123 International Way Springfield, OR 97477 .. '.' B '-.1 ,\ ,~!i , f' I ',v