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HomeMy WebLinkAboutNotice PLANNER 11/4/2008 .' ~r " RECEIVED AFFIDAVIT OF SERVicE NOV 42008 By: ~~,~ STATE OF OREGON) )ss. County of lane I I, Karen laFleur, being first duly sworn, do hereby depose and say as follows: 1. I state that! 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 echn!cian, I {l,rePa.re~ and caused to be I, mailed copies ofj)Rt1?DlJg~D004 ~ ..AP~.L(Ubt ,- .bwP- ~ (See attachment nAn) on llLif , 200'8" addressed to (see ~ Q Attachment Bnl, by causing said ----refters to be placed in a U.S. mail box with ~" postage fully prepaid thereon. ~;j J1}AtL_ ~dkv.- KA~E~ LaFLEUR J -' STATE OF OREGON, County of lane !J(j)rr~ ~ .s-' .' 2008. Personally appeared the above named Karen laFleur, Program Technician, who acknowledged the foregoing instrument to be their voluntary act. Before me: . .' OFFICIAL SEAL , '. DEYETTE KELLY ,,, ..' NOTARY PUBLIC. OREGON , COMMISSION NO. 420351 MY CO'AMISSION EXPIRES AUG. 15, 2011 ~dk ktLlcl My Commission Expires: 'i? );':)11 i Date ReceiVE;; . Planner: MM 11/{/2co~ . '. ..jo . Drinking Water Protection Overlay District Application Case No. DRC2008-00048 Jerry's Home Improvement , Staff Report and Notice of Decision November 4, 2008 Owner Dennis Orem Jeny's Home Improvement P.O. Box 2611 Eug~rie, OR Map No. and Sitt: Address 17-03-25-00 TL 802 17-03-25-45 TL 8000 2525 Olympic Street, Springfield Proposed Project Expansion of the existing Jeny's Home Center, development of a warehouse facility within a portion of the existing Wilco Building and addition of a new drive-thru sales area. DWP Time of Travel Zone 2-5 Year TOTZ of the Maia Wellhead Applicant's Representative James Robertson AlA Robertson Sherwood Architects 132 East Broadway, Suite 540 Eu!(ene, OR 97401 Zoning Major Retail Commercial Project Size 32, I 06 square foot new drive through sales area addition 30,460 square foot warehouse area (within Wilco Building) I. Executive Summary The applicant, Jeny's Home Improvement Center proposes to expand its Springfield store at 2525 Olympic Street. The expansion involves the construction of a new drive-through sales area (lumber yard), the conversion of existing lumber yard for retail sales and the renovation and use of a large portion of the nearby Wilco building for warehouse space. The application is being treated as,a major modification to the site plan approved for the WaIMartlJeny's site in 2000. DWP review is a Type I application review process that requires no public notice or hearing. Staff review the proposed application against objective standards found in.the Springfield Development Code (SDC), Section 3.3-235 Standards for Hazardous Materials within Time of Travel Zones. Section 3.3-235 prescribes standards prohibiting certain chemicals and setting standards for the handling arid storage of other potentially hazardoiIsmaterials that could damage , Springfield's well fields and pose a threat to public health and safety. .. Based on theinforriiation provided by the applicant, and staff frridings stemming from an analysis of the proposal for compliance with the standards found in Section 3.3-235 of the Springfield Development Code, the Director concludes that the application is consistent with the stated development standards and is thereby approved as conditioned, II. Procedural Requirements . , Section 3.3-225 C states that "Drinkirig Water OverIayDistrict applications shall be reviewed under Type I procedures." Type I applications are ministerial in nature, meaning that they can be processed by staff without public notic~ or hearings. A mailed notice of decision is sent to the applicant(Section 1.2~120). . 'I 1 Date Received' 11/4 \ t>>> 1 Planner: MMj~ ~_/ l' " Drinking Water Protection Overlay District Application DRC2008-00048-Jerry's Home Center Expansion November 4, 2008 v Figure 1. Vicinity Map Showing the Subject Property and Time of Travel Zones. m. Completeness Review SDC 3.3-225 CD) states: "Prior to undertaking an activity covered by Section 3.3"225 A., the owner or tenant shall submit a DWP Overlay District Application to the City for review and approval. Application packets include required elements that are to be used for managing hazardous materials that may be a danger to the City's groundwater. The section below lists the required information and indicates whether the information included in the application is complete. SDC 3.3-225 (D): REVIEW 1) Hazardous Materials Inventory Statement and Material Safety Data Sheets. THIS APPLICATION REQUIREMENT IS COMPLETE. 2) List of the chemicals to be monitored through the analysis of groundwater samples and a monitoring schedule if groundwater monitoring is anticipated to be required. GROUNDWATER MONITORING IS NOT REQUIRED. 3) 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 Section 3.3"235 A. NOT APPLICABLE. 4) Description of the primary an'd any secondarycontainrnent devices proposed, and, if applicable, clearly identified as to whether the devices will drain to th,e storm or sanitary SeWer. THIS APPLICATION REQUIREMENT IS COMPLETE. See Review Standard #2 on page 4. 5) Proposed Hazardous Material 'Management Plan ,(HMMP) for the facility that indicates procedures to be followed to prevent, control, collect and dispose of any unauthorized release ..., Dr:iI1K!!JK Jf'!lJ!.!J:r.q!~[.~q!J..',~!ir?%_R!strict Application DRC2008-00048-,Je';!Y.:s Ho"m.e.Cf,'Wr Expansion "b 4 2008 ,..... I.Alll", l'fovem er , . 2 " t./ . ~ . \ of a hazardous material. THIS APPLICA TIONREQUIREMENT IS COMPLETE. This review applies to the HMMP submitted to the SUB Water Quality Protection Coordinator via e-mail by Scott Stolarczyk of Robertson Sherwood Architects on October 29, 2008. 6) Description of the procedures for inspection and maintenance of containment devices arid' emergency equipment. THIS APPLICATION REQUIREMENT IS COMPLETE. See Review Standards #6 and #7 on page 5. 7) , 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. THIS APPLICATION REQUIREME}{T IS COMPLETE. IV. Criteria for permit Approval Type I decisions are made based on clear and objective standards that do not require staff discretion. Staff reviewed the application against the development standards found in Section 3.3- 235 Standards for Hazardous Materials within Time of Travel Zones. Section 3.3-235 prescribes standards prohibiting certain chemicals and setting standards for the handling and storage of other potentially hazardous materials that could damage Springfield's well fields and pose a threat to public health and safety. These standards vary according to the Time of Travel Zone (TOTZ) in which the subject property is located. The following section of this report shows the applicable standards for the TOTZ and makes fmdings that stem from a, comparison of those standards with the applicant's DWP submittal. " , Finding #1. The subject property lies within the 2-5-year time of travel zone to the Maia, Wellhead. The site is therefore governed by the 1-5 year Time of Travel Zone (TOTZ) Standards in Springfield Development Code SDC 3.3-235 (B). ' Review Standards and Conditions of Approval for the 1 to 5 year TOTZ SDC 3.3- 235 (B) Upon reviewing the applicant's submittal, against the Standards found in, SDC 3.3-235 (B), staff made findings with respect to the review standards found in SDC 3.3-235 (B). These fmdings are shown below, following each review standard. ' Review Standards. 1. The storage, handling, treatment, use, application, or production or othetwise keeping on premises of more than 20 gallons of hazardous materials that pose a risk to groundwater in aggregate quantities not containing DNAPLs are allowed only upon compliance with containment and safety standards specified by the most recent Fire Code adopted by the City, Finding #2. The HMMP and HMMP attachments submitted with the application adequately address product and container labeling, provision of spill kits, spill prevention, and spill clean-up procedures. ' , Drinking Water Protection Overlay District Application DRC2008-00048-Jerry's Home Center Expansion November 4, 2008 3 ~ 2, Unless exempted, all hazardous materials that pose as risk to groundwater shall be stored in areas with approved secondary containment in place (Uniform Fire Code Articles 2 - , and 8003,1.3.3), . Finding #3. Section III (A) (3) of the applicant's HMMP adequately addresses the secondary containment requirement. In the expansion to the main Jeny's building, all hazardous materials will be stored in areas with a sealed, recessed'f1oor capable of containing a 20-minute discharge of fire protection water. Joints in the concrete will have a chemical resistant sealer applied, into them. There will be no drains in these areas. In 'the warehouse space adjacent to Wilco, all hazardous materials will be stored in areas with a sealed floor. Since this surface will not be sloped, the walls will be sealed to a height of 8 inches off the ground, and spill kits will be readily available and equipped with appropriate items (e.g., boom socks) to ensure that no liquids or chemicals migrate to the outside environnient during a spill event or fire sprinkler event. Hazardous materials in the garden center will be stored in areas with' a sealed floor and no drains and enclosed by a sealed curb capable of containing a 20-minute discharge of fire protection water, The HMMP, HMMP attachments, memo from Scott Stolarczyk to Amy Chinitz dated October 24, 2008, and the updated DWP narrative dated October 24, 2008, provide specifications and chemical resistance data for the floor sealant and treatment products to be used. Detailed maintenance procedures for the flooring in the warehouse space adjacent to Wilco will be attached to the fmal version of Jeny's HMMP. ' 3, ' All new use of DNAPLs are prohibited Finding #4. The applicant submitted a letter dated October 22, 2008, from Laura J. DeBell of Response Fire Protection addressed to Lauretta Davies of Jeny's Home Improvement stating, "As you requested, I have reviewed your Hazardous Materials Inveritory database in comparison to the Springfield Utility Board's restrictions regarding DNAPLs. I found that none of the DNAPLs on the regulated list are in Jeny's Home Improvement's inventory, either as pure chemicals or as ingredients within other products. I reviewed the full list and found no other chemicals that meet the DNAPL criteria." . The Springfield Utility Board's DNAPL review of the applicant's HMIS is still pending. Section II (B) ofthe HMMP outlines the facility's policy for ensuring that no new DNAPL chemicals will be brought on the premises. The Purchasing Department will be responsible for reviewing the MSDSs for all new hazardous materials propqsed to be stored at the McKenzie Field store to ensure the product does not contain any DNAPLs. Purchasing Department Team Members will direct any questions regarding DNAPLs to the Springfield Utility Board (SUB) Water Quality Protection Coordinator (744-3745). Additionally, any new Purchasing Department' Team Members responsible for screening materials for DNAPLs will contact the SUB Water Quality Protection Coordinator for an orientation. 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 Drinking Water Protection Overlay District Application DRC2008-00048-Jerry's Home Center Expansion November 4, 2008 4 't See Section (3) above. 5. The following certain types of facilities or changes in chemical use and/or storage of hazardous materials that pose a risk to groundwater are prohihited: a. Hazardous material product pipelines used to transport the hazardous material off of the tax lot where it is produced or used; Injection wells, EXCEPTION: Dry wells for roof drainage; Solid waste landfills and transfer stations; Fill materials containing hazardous materials; Land uses and new facilities that will use, store, treat handle, and/or produce DNAPLs. h, c. d. e. Finding #5. The applicant has not proposed any of the above prohibited activities. 6. Requirements found in Uniform Fire Code Appendix II-E 3.2, 6 for amonitoring program and in 8003,1.3.3 for nwnitoring methods to detect hazardous materials in the secondary containment system shall he met for an anwunts of hazardous materials that pose a risk to groundwater unless exempted. Finding #6. Section ill (A) of the HMMP describes the facility's policy for monitoring secondary containment areas. 7, Requirements found in Uniform Fire Code Appendix II-E Section 3,2, 7 for inspection and record keeping procedures for monthly in-hotise inspection and maintenance of containment and emergency equipment for all amounts of haiardous mizterials that pose a risk to groundwater shall he met unless exempted. ' Finding #7. Section V of the HMMP describes the facility's policy for monthly inspection and record keeping procedures. The inspection check list is attached to'the HMMP. The HMMP follows the standard procedure for notification of a hazardous material release in Springfield, to, call 911, which dispatches information to SUB. Following this procedure is important because SUB needs to be notified as soon as possible if a chemical release has the potential to contaminate our welles). V. Conditions of Approval SDC 3.3-240 SDC 3.3-240 states: "The Director may attach conditions of approval that will minimize negative impacts of regulated substances on groundwater and ensure that the facility or the proposed development can fully meet the standards specified in Section 3.3-235. These conditions may include, but are not limited to: on-site monitoring wells, Wellhead Protection Area signs, special storm water facilities or other conditions to address specific risks associated with the proposed development." Applicabl~ conditions of approval are shown below, following the staff fmding(s). Not all staff fmdings require conditions of approval. Based on the fmdings made by staff, the applicant is required to comply with the following conditions are for approval of this application. Drinking Water Protection Overlay District Application 5 DRC2008-00048-Jerry's Home Center Expansion November 4, 2008 I Condition of Anoroval #1. Signage describing the policy,to shut off the sump pumps during loading and unloading of hazardous materials and in the event of a spill must be placed at both loading docks. Condition of Aonroval #2. Wellhead protection signs that follow SUB's sign standard must be placed permanently at both loading docks, the entrance to the new drive-thru sales area, and at trash enclosures. ' Condition of Annroval #3. final DWP approval will be contingent upon successful , completion of the Springfield fire Marshall's inspection. I Condition of Aonroval #4. Chemicals used/stored on-site must be consistent with those listed on the HMIS submitted on July 16, 2008. Condition of Annroval #5. On an annual basis SUB must be provided with a list of all products added to the HMIS since the last submittal. Condition of Aonroval #6, The applicant must maintain a current list of all DNAPL products that have been reviewed and/or eliminated from the HMIS. A log of these products should be kept so they are not re-introduced to the inventory. 'The log should include the product name, manufacturer, and DNAPL components. Condition ofAonroval #7. Any product that is determined by SUB to contain DNAPLs must be permanently removed from the HMIS and from the facility. Condition of Annroval #8. Prior to occupancy of the expanded facilities (DRC2008_00047), a follow"up inspection must be conducted by, SUB staff to verif'y compliance with the listed conditions. The inspection shall also verif'y that the submitted HMMP has been fully implemented. Please contact Amy Chinitz or Chuck Davis at 726-2396 to schedule a site visit. , , The applic~nt may contact Amy Chinitz at 744-3745 if sihe wouldUke to schedule a brief drinking water protection presentation for empliJy'ees; VI. Conclusions and Decision Based on the information provided by the applicant, and staff fmdings stemming from an analysis' of the proposal for compliance with the standards found in Section 3.3-23? of the Springfield Development Code, the Director concludes that the application is consistent with the stated development standards and is thereby approved as conditioned. Drinking Water Protection Overlay District Application DRC2008-00048-Jeny's Home Center Expansion November 4, 2008 6 ., , . ,. T' ,. DEVELOPMENT SERVICES PLANNING DEPARTMENT 225 FIFTH STREET SPRINGFIELD, OR 97477 James Robertson AlA Robertson Sherwood Architects 132 E Broadway, Suite 540 Eugene; OR 97401 S'AONG"C'O~ Illjjl'l!('i;tt:..'1;;:{fNt{:H=I.iJt('l:(=li't'll'~ . DEVELOPMENT SERVICES ~ PLANNING DEPARTMENT 225 FIFTH STREET SPRINGFIELD, OR 97477 Dennis Orem Jerry's HOme Improvement PO Box 2611 Eugene, OR 97401 , \ ..-.'.... .. <. ,. .23 \ '~o-cf 1 ..~. , - "