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HomeMy WebLinkAboutNotice PLANNER 3/2/2010 . . ~ RECEIVED AFFIDAVIT OF SERVICE MAR 2 2010 By:1)~dj~ I o-!- '1 P ~ STATE OF OREGON) )ss. 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 Dft.c-2.ooCf-OOO'l-5 . . /.lil:tet.. p~- ~ 1; ~ (See attachment nAn) on -3.:L 2 10 addressed to (see '/l~ . Attachment Bn), by causing said letters to be placed in a U.S. mail box with tl '1"4 postage fully prepaid thereon. KA~~ JftL~ STATE OF OREGON, County of Lane Uf/lcA 2010. Personally appeared the above named Karen LaFleur, ram Technician, who acknowledged the foregoing instrument to be their voluntary Before me: . OFFICIAL SEAL DEVETTE KELL V NOTARY PUBLIC - OREGON COMMISSION ~,,..,. .120351 MY COMMISSION EXPIRES AUG. 15, 2011 !xi JiJ Kt jl I'; ? / IS-I/I , I My Commission Expires: " .. . . Drinking Water Protection (DWP) Permit-Type I Fresenius Medical Care Clinic (Purvis Dialysis) Project Name: Fresenius Medical Care of Springfield Project Proposal: To develop a 10,349 sq. ft. out-patient dialysis clinic. Case Number: DRC2009-00045 Project Location: The subject property is located at 304 Q Street; Assessor's Map 17-03-26-24 TL 1500 and 1600. Zoning: Community Commercial Refinement Plan Designation: Q Street Refinement Plan--Community Commercial Affected Wellfield and TOTZ: Q Street Wellfield: 5-10 and 10-20 TOTZs Application Submitted Date: November 18, 2009 Date of Decision: February 25, 2010 CITY OF SPRINGFIELD DEVELOPMENT REVIEW TEAM POSITION REVIEW OF NAME PHONE Planner III Land Use Planning Mark Metzger 726-3775 SUB Water Quality Protection Drinking Water Permit Amy Chinitz 744-3745 Coordinator Public Works Engineering Sanitary & Storm Sewer, Clayton McEachern 736-1036 Utilities & Easements Deputy Fire Marshall Fire and Life Safety Gilbert Gordon 726-2293 Community Services Manager Building Dave Puent 726-3668 OWNER/APPLICANT APPLICANT'S APPLICANT'S REPRESENTATIVE REPRESENTATIVE Dr. Mattox Purvis Edward Johnson Olson Morris Springfield Dialysis LLC Christopher Kidd and Assoc. 380 Q Street, Suite 200 3385 Riverbend Drive, Suite 200 N48 W16550 Lisbon Road Springfield, OR 97477 Springfield, OR 97477 Menomonee, WI 53051 I. Executive Summary Fresenius Medical Care Clinic of Springfield is a dialysis clinic proposed for a two-lot infill development site on Q Street, just east of 20d Street. The existing lots are occupied by residences and outbuildings. . . .. '. The proposed 10,349 square foot clinic will host 18 employees. The facility will provide 'outpatient care as opposed to overnight care. According to the City's Wellhead Protection Maps, the,subject site is within the boundaries ofthe Drinking Water Protection (DWP) Overlay District. This property overlies portions of the 5 - 10 and 10- 20 year time-of-travel (TOT) zones to the "Q" Street Well. Drinking Water Protection Area Map ~ I Year Time of Travel ,'/ ~: 2Y~ar, Tim~ ~fT~~~i .':'. ;'_1 . '-',' ,L,'... .'"to' ",' '. '~"""" ,.:,',":0' ,'.<. 'he, ~' 5 Year Tlffie ofTra~~l. . . :., 10 YearTi"" ofTnivei . \. " - ,- ., '.... '; .~,., -..". 20 Year Tini: of Travel, '., ..;....;. Zone ~fa,~.;,;tration(99yr ToT) :-,' ,,' . , , ~') '.' !ii!!!!!i!!!!li!!!!!!!!!" .. ", -','.->. ", C6ri1fn:erci~. '(.,"-- . <.,- . ",'. ._",J<:,'; ii!!!i!!!!!!!!!!!:!!!,!!. '" ';'$" '....,J." ' '.' InduS'iiial '. ." ^,-."".,-,-, ,-.....,.q ,. In accordance with 5DC 3.3-225, a DWP Overlay District Development Application is required ifthe proposed land use will affect the storage, use, production or stored quantity of hazardous materials that pose a risk to groundwater. Drinking Water Protection (DWP) review is a Type I application review process that requires no public notice or hearing. Staff reviews 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 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 findings stemming from an analysis of the proposal for compliance with the standards found in Section 3.3-235 ofthe Springfield Development Code, the Director concludes that the application can be processed and can be made to comply with the stated development standards. The application is thereby approved as conditioned. Conditions of Approval 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 inclyde, but are not limited 2 . . ~. 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." 1) Section I (B) and Section VI of the HMMP shall be revised to indicate that a drain mat (rather than an "absorbent spill mat") will be kept on site to cover the stormwater catch basin in case of a spill. 2) The final HMMP shall be signed by the owner/operator or designated representative. 3) An inspection is required to verify that the standards for and conditions of approval are being met and that the measures described in the HMMP and other DWP materials submitted are being followed at the facility. Please contact Amy Chinitz at 744-3745 to schedule a site visit. 4) All stored pharmaceuticals shall be kept in secondary containment. 5) DWP approval will be contingent on successful completion of any physical inspections required by the Springfield Fire Marshal's office. II. Procedural Requirements Section 3.3-225 C states that "Drinking Water Overlay District 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 notice or hearings. A mailed notice of decision is sent to the applicant (Section 1.2-120). II. Completeness Review SDC 3.3-225 (D) 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. City staff works closely with the Springfield Utility Board (Water Division) to review DWP application packets. Application packets include required elements that are to be used for managing hazardous materials that may be a danger to the City's groundwater. Completeness ofthe Hazardous Materials Inventory Statement (HMIS), Material Safety Data Sheets (MSDS) and the Hazardous Materials Management Plan are essential to the approval of the DWP permit. The section below lists the required information and indicates whether the information included in the application is complete. 1) Hazardous Materials Inventory Statement (HMIS) and Material Safety Data Sheets (MSDS); Finding #1. The applicant's HMIS and MSDS are 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. Finding #2. Ground water monitoring shall not be 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. 3 . . Finding #3. The description of the storage and handling of hazardous materials is complete. 4) Description of the primary and any secondary containment devices proposed, and, if applicable, clearly identified as to whether the devites will drain to the storm or sanitary sewer. Finding #4. The description of the primary and secondary containment devices is complete. 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 of a hazardous material. Finding #5. The applicant's Hazardous Material Management Plan (HMMP) for the facility is complete. . 6) Description of the procedures for inspection and maintenance of containment devices and emergency equipment. Finding #6. The applicant's description of inspection procedures and maintenance practices is complete. 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. Finding #7. The applicant's description of how unused hazardous materials will be disposed of 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 20nes. 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 findings that stem from a comparison of those standards with the applicant's DWP submittal. The property lies within the 5 - 10 year and 10 - 20 year Time of Travel Zone to the Q Street wellhead and is governed by the standards of the 5 -10 year TOTZ (SDC 3.3-220(C)(3)). 4 . . Figure 1. Vicinity Map Showing the Subject Property and Time of Travel Zones SDC 3.3-235 (e): S-10 YEAR TOTZ STANDARDS FOR APPROVAL Drinking Wa~er Protection Area Map . " ,'''.,' ., ~ i Ye'ar Time ofi~av.ei " ,- '., ; ',to ; ,-.-" ':,. ~2 Y~ar Time of Travel , ,. ...;.- 5 Year Time of Travel -" "'iOVear'Time oiira~el , '.- "",- _ 11' ~ '20YC'arTime of Travel " "" -"" e _, '.i: . " ,-. ,< . ....,....~~" o.fConcen~r (99 }TT()T.>, " ~. ~j -, . , :.Ii . cdmmerCial c",' j!':. .'.., l' ': . Industriai "'.,-' '1"- '-.f. , . _~ . 1'!!I!l!!!!!!!!!!,II!i!! . lii!I!I!i!!!ili!i'I!I!11 'C-'"_,,'_,, .I~~~~~\ ~1:tr · ~ ,.' '-t . ., 'i 1) The storage, handling, treatment, use, 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 DNAPLs is allowed upon compliance with containment and safety standards specified by the most recent Fire Code adopted by the City. Finding #8. The HMMP submitted with the application addresses product and container labeling, provision of spill kits, spill prevention, and emergency response procedures. Conditions: Ifthe Springfield Fire Marshall's office requires a physical inspection, DWP approval will be contingent on successful completion of that inspection. 2) 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). Finding #9. Section III of the applicant's HMMP addresses the secondary containment requirement. All liquid hazardous materials and hazardous materials that could be dissolved in water will be stored in secondary containment. Section III of the HMMP also identifies ten hazardous material storage area locations. Conditions: All stored pharmaceuticals shall be kept in secondary containment. 3) All new use of DNAPLs are prohibited. 5 .' . " Finding # 10. The HMIS lists products to be used and stored on-site. None of the products listed were found to contain DNAPls. Section II of the HMMP states that products containing DNAPls are prohibited and that any new products proposed for use or storage on site shall be evaluated for DNAPls by the Springfield Utility Board Water Quality Protection Coordinator. 4) Any change in the type of use or an increase in the maximum daily inventory quantity of any DNAPl is considered a new use and is prohibited. See Section (3) above. 5) 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: a) Schedules and procedures for inspecting safety and monitoring and emergency equipment. b) A written inspection procedure acceptable to the Director for inspecting the facility for events or practices which could lead to unauthorized discharges or hazardous materials, c) 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 inspector and the countersignature of the designated safety manager for the facility. Finding #11. Section V of the HMMP describes the facility's policy for inspection and record keeping procedures. Monthly inspections of hazardous materials will use the inspection form 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 well(s). 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." 6) Section I (B) and Section VI of the HMMP shall be revised to indicate that a drain mat (rather than an "absorbent spill mat") will be kept on site to cover the stormwater catch basin in case of a spill. 7) The final HMMP shall be Signed by the owner/operator or designated representative. 6 J . . . 8) An inspection is required to verify that the standards for and conditions of approval are being met and that the measures described in the HMMP and other DWP materials submitted are being followed at the facility. Please contact Amy Chinitz at 744-3745 to schedule a site visit. 9) All stored pharmaceuticals shall be kept in secondary containment. 10) DWP approval will be contingent on successful completion of any physical inspections required by the Springfield Fire Marshal's office. VI. Conclusions and Decision Based on the information provided by the applicant, and staff findings 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 portions of the application are incomplete but that the application can be made to comply with the stated development standards and is thereby approved as conditioned. 7 ~i:J:I/I'[tf;I::f~'J:I.:fti'~ 'till DEVELOPMENT SERVICES tIfi PLANNING DEPARTMENT 225 FIFTH STREET SPRINGFIELD, OR 97477 . Dr MAttox Purvis Springfield Dialysis LLC 3385 Riverbend Drive, Suite 200 Springfield,. OR 97477 DEVELOPMENT SERVICES PLANNING DEPARTMENT 225 FIFTH STREET SPRINGFIELD, OR 97477 .... >2JI ""i Edward Johnson . Christopher Kidd and Assoc. N48 W16550 Lisbon Road Menomonee, WI 53051 DEVELOPMENT SERVICES PLANNING DEPARTMENT 225 FIFTH STREET SPRINGFIELD, OR 97477 ~""" Olson Morris 380 Q Street, Suite 200 Springfield, OR 97477 OJl~- i!J