HomeMy WebLinkAboutNotice PLANNER 1/17/2008
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Drinking Water Protection Overlay District Application
Case No. DRC2008-00003--Hawes Investment
Staff Report and Notice of Decision
Applicant's Representative
Kip Amend/Ted Corbin
Eric Hall Architects'
116 Highway 99N
Eugene, OR 97402
688-5594
Property Address
400 International Way
Springfield, OR 97477
J)WP Time of Travel Zone
1-yr TOTZ (Sports Way Well)
Owner
Joseph R. Hawes
Hawes Investments LLC
2982 Crescent Ave.
Eugene, OR 97408
335-2205
Assessor's Map No.
17-03-15-40 TL 500
Proposed Use/Zoning/Acres :'
General Office Building (811,420 sq. ft.)
I Campus Industrial (CI)/ 6.1 ~ acres
Executive Summary
This application is related to a proposed 81,420 sq. ft. office complex on International
Way that is under site plan review (DRC2007-00060). The complex is witmn the I-year
Time-Of- Travel-Zone (TOTZ) surrounding the Sports Way well field and thus subject to
Springfield's drinking water protection policies that are administered throJ.gh the
Drinking Water Protection Overlay District (DWP). Figure I below show~ the subject
property location with respeCt to the well field.
DWP review is a Type I application review process that requires no publid~notice or
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hearing. Staff review the proposed application against objective standards found in the
Springfield Development Code (SDC), Section 3.3-235 Standards for Haz\irdous
Materials within Time of Travel Zones. Section 3.3-235 prescribes standards prohibiting
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certain chemicals and seting 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.
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 3.3-235 of
the Springfield Development Code, the Director concludes that the appliclltion is
consistent with the stated development standards and is thereby approved.
Procedural Requirements
Section 3.3-225 C states that "Drinking Water Overlay District application~ shall be
reviewed under Type I procedures." Type I applications are ministerial in nature,
meaning that they can be processed by staff without public notice or hearmgs. A mailed
notice of decision is sent to the applicant (Section 1.2-120). 11 1/ ./
Date ReCeived' 'fITrlJr
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Planner:11 MM
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Drinking Water Protection Overlay District Application
Case No. DRC2008-00003-Hawes Investment
January 17, 2008
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Figure 1. Vicinity map showing su~ject property.
Criteria for Approval
Type I decisions are made based on clear and objective standards that do not require staff
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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 ~ould damage
Springfield's well fields and pose a threat to public health and safety.
A map of Springfield's DWP Overlay District shows that the subject prop~rty lies within
the 0-1 year TOTZ near the Sports Way well field. The standards that apply to properties
within the 0-1 year TOTZ are shown below.
Section 3.3-235 A. Standards that Apply within the 0-1 TOTZ
"Applications shall comply with the following standards. Where the following standards are more
restrictive than the standards of the Uniform Fire Code, the following standards apply:
A. 0 -1 year TOTZ Standards.
1. Within the 0-1 year TOTZ, hazardous materials that pose a risk to
groundwater may be stored in aggregate quantities of no more than 500
gallons if in original containers not exceeding 5 gallons' ,in size. Within
that aggregated 500-gallon inventory, no more than 150!'gallons of
hazardous materials that pose a risk to groundwater may be on the
premises in opened containers for handling, treatment, use production,
or dispensing on site. Hazardous materials that pose a risk to
groundwater are allowed only upon compliance with con,~ainment and
Drinking Water Protection Overlay District Application
Case No. DRC2008-00003-Hawes Investment
January 17, 2008
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safety standards specified by the most recent Fire Code adopted by the
City.
*A waiver of the 5-gallon maximum size may be given by the Director if
the applicant can demonstrate that a larger size container would pose
less risk to the aquifer.
2. Unless exempted, all hazardous materials that pose a risk to
groundwater shall be stored in areas with approved secondary
containment in place (Uniform Fire Code Articles 2 and 8003.1.3.3).
3. All new uses of Dense Non-Aqueous Phase Liquids (DNAPLs) are
prohibited.
4. Any change in type of use or an increase in maximum daily inventory
quantity of any DNAPL shall be considered a new use and prohibited.
5. The following certain types of new facilities or changes in use and/or
storage of hazardous materials that pose a risk to groun'dwater are
prohibited:
a. Underground hazardous material storage facilities;
b. Hazardous material product pipelines used to transport the
hazardous material off of the tax lot where it is produced or used;
c. Injection wells
EXCEPTION: Dry wells for roof drainage;
d. Solid waste landfills and transfer stations;
e. Fill materials containing hazardous materials;
f. Land uses and new facilities that will use, store, treat, handle,
and/or produce DNAPLs.
6. Requirements found in Uniform Fire Code Appendix II-E 3.2.6 for a
monitoring program and in 8003.1.3.3 for monitoring methods to detect
hazardous materials in the secondary containment system shall be met
for all amounts of hazardous materials that pose a r'isk to groundwater
unless exempted.
7. Requirements found in Uniform Fire Code Appendix II-E .Section 3.2.7 for
inspection and record keeping procedures for monthly iil"house
inspection and maintenance of containment and emergency equipment
. for all amounts of hazardous materials that pose a risk to groundwater
shall be met unless exempted.
8. Application of fertilizers containing nitrates are restricted to no more than
the amount recommended by the Lane County, Oregon State University
Extension Service for turf grass and are prohibited within 100 feet of a
wellhead. In no event shall a single application exceed one half pound
per 1,000 square feet of area per single application or a total yearly
application of 5 pounds nitrogen fertilizer per 1,000 square feet.'
Drinking Water Protection Overlay District Application 3
Case No. DRC2008-00003-Hawes Investment
January 17, 2008
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Upon reviewing the applicants's submittal, against the standards found in'SDC 3.3-235
A., staff made the following findings:
"1. Within the 0-1 year TOTZ, hazardous materials that pose a risk to groundwater
may be stored in aggregate quantities of no more than 500 gallons if in original
containers not exceeding 5 gallons* in size. Within that aggregated 500-gallon
inventory, no more than 150 gallons of hazardous materials that pose a risk to
groundwater may be on the premises in opened containers for hahdling,
treatment, use production, or dispensing on site. Hazardous matehals that pose
a risk to groundwater are allowed only upon compliance with containment and
safety standards specified by the most recent Fire Code adopted by the City.
*A waiver of the 5-gallon maximum size may be given by the Director if the
applicant can demonstrate that a larger size container would pose less risk to the
aquifer.
Application: "Section 2: Hazardous Materials Inventory Statement" lists those products
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that are planned to be stored on site and additional products that will be st()Ted off-site but
used by contract cleaning services. The Inventory Statement shows approximately
336.75 gal. of hazardous materials will be stored on site, with an additional 10 gal. to be
brought to the site by cleaning crews.
Staff Finding #1: The applicant proposes to store about 336 gallons of hazardous
materials on site. This'is within the 500 gallon limit set by the standard. .
"2. Unless exempted, all hazardous materials that pose a risk to grou"ndwater shall
be stored in areas with approved secondary containment in placell(Uniform Fire
Code Articles 2 and 8003.1.3.3)."
Application: "Section 3: Separation, Containment and Monitoring" shows that secondary
containment for most products will be accomplished using "5-gallon bins to contain the
volume of the material stored." Fuel for a back up generator shall be kept"in a double
walled fuel ta:i1k.
Staff Finding #2: The applicant has provided adeq\llite secondary containment for the
proposed materials to be stored and used on site.
"3. All new uses.ofDense Non-Aqueous Phase Liquids (DNAPLs) are prohibited."
. Application: The applicant states, "No product containing DNAPLs will be allowed on
this project.
Staff Finding #3: The prohibition of the storage or use ofDNAPLs on the site is
consistent with the standards.
Drinking Water Protection Overlay District Application
Case No. DRC2008-00003-Hawes Investment
January 17, 2008
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"4. Any change in type of use or an increase in maximum daily inventory quantity of
any DNAPL shall be considered a new use and prohibited.'"
Application: The applicant states, "No produCt containing DNAPLs will be allowed on
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Staff Finding #4: The prohibition of the storage or use ofDNAPLs on the site is
consistent with the standards.
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"5. The following certain types of new facilities or changes in use and/or storage of
hazardous' materials that pose a risk to groundwater are prohibited:
a. . Underground hazardous material storage facilities;
b. Hazardous material product pipelines used to transport the hazardous
material off of the tax lot where it is produced or used; ,
c. Injection wells
EXCEPTION: Dry wells for roof drainage:
d. Solid waste landfills andtransfer stations;
e. Fill materials containing hazardous materials;
f. Land uses and new facilities that will use, store, treat, hanClle, and/or
produce DNAPLs."
Application: The application and site plan related to this application indi~ate that the
development will be general office space (financial services) and that none of the
activities prohibited by the standard shall occur on the site,
Staff Finding #5: The application and site plan related to this application indicate that
the development will be general office space and none of the activities pr~hibited by the
standard. The hazardous materials inventory includes products that are consistent with
building maintenance and operations. The operations, storage, and monit(jring activities
described in'the Hazardous Materials Management Plan are adequate to address the
materials on site.
"6. Requirements found in Uniform Fire Code Appendix II-E 3.2.6 for a monitoring
program and in 8003.1.3.3 for monitoring methods to detect haza~dous materials
in the secondary containment system shall be met for all amounts:! of hazardous
materials that pose a risk to groundwater unless exempted." "
Application: "Section 3 of the Hazardous Materials Management Plan describes the
monitoring methods that will be used to detect hazardous materials in the ~econdary
containment system. Monitoring shall be accomplished visually by ..."D~ily
uselinspectionof cleaning products and lor monthly inspection by contracted
Drinking Water Protection Overlay District Application "5
Case No. DRC2008-00003-Hawes Investment
January 17, 2008
maintenance staff on products. brought into or stored within the building,';, and
by.. ."W eekly inspection by maintenance staff of the emergency generator, enclosure and
assembly." The fuel tank for the auxiliary generator is monitored electroJically and by
regular maintenance.
Staff Finding #6: Section 3 of the applicant's Hazardous Materials Management Plan
provides for the required monitoring, record keeping, inspection, emerge~cy response
and emergency response training, as required by the standard. .
"7. Requirements found in Uniform Fire Code Appendix II-E Section 3.2.7 for
inspection and record keeping procedures for monthly in-house iri'spection and
maintenance of containment and emergency equipment for all arrlounts of
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hazardous materials that pose a risk to gr,oundwater shall be met unless
exempted."
Application: Inspection and record keeping shall be accomplished visually using the
reporting tools and regimen described in Section 5, 6, and 7 of the Hazard~us Materials
Management Plan. " These sections describe "daily uselinspection ofcleaIDng products
and lor montWy inspection by contracted maintenance staff on products brought into or
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stored within the building," and by..."W eekly inspection by maintenance staff of the
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emergency generator, enclosure and assembly." '~Refer to forms relating to these Code
requirements in the following Application." ,
Staff Finding #7: Sections 5, 6, and 7 ofthe applicant's Hazardous Materials
Management Plan provide for the required record keeping, inspection, emergency
response and emergency response training, as required by the standard.
"8. Application of fertilizers containing nitrates are restricted to no more than the
amount recommended by the Lane County, Oregon State University Extension
Service for turf grass and are prohibited within 100 feet of a wellhead. In no event
shall a single application exceed one half pound per 1,000 square'ifeet of area
per single application or a total yearly application of 5 pounds nitrogen fertilizer
per 1,000 square feet."
Application: Application offertilizers shall conform to the amounts recommended:
maximum one half pound per 1,000 sq. ft. of area; totaJ yearly application of 5 pounds
nitrogen fertilizer per 1,000 sq. ft. .
Staff Finding #8: The applicant's proposed level of nitrogen fertilizer use is consistent
with the standard.
Conclusions and Decision
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Based on the information provided by the applicant, and staff [mdings sterirming from an
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analysis of the proposal for compliance with the standards found in Sectimi 3.3-235 of
Drinking Water Protection Overlay District Application
. Case No. DRC2008-00003-Hawes Investment
January 17, 2008
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the Springfield Development Code, the Director concludes that the application is
consistent with the stated development standards and is thereby apP~o.ved.
Drinking Water Protection Overlay District Application
Case No. DRC2008-00003-Hawes Investment
January 17, 2008
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