HomeMy WebLinkAboutNotice PLANNER 6/11/2012 111 5nitriLeya.)
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AFFIDAVIT OF SERVICE JUN 1 1 2012
STATE OF OREGON ) By: I ' G
) ss. par
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 ofTYP2.12-00004 Nota 4 ,2c_PYatft< t
(See attachment "A") on Zvi II , 2012 addressed to (see Ambitan
Attachment"B"), by causing said letters to be placed in a U.S. mail box
with postage fully prepaid thereon.
Q/t Pte-
ded-e_tuA__
Kar n LaFleur
STATE OF OREGON, County of Lane
J(d.Yja J 2, , 2012. Personally appeared the above named Karen
LaFleur, Program Technician, who acknowledged the foregoing instrument to
be their voluntary act Before me:
,U0, . /PLl SEAL
OFFICIAL
`" MISTY S BRITTON My Commission Expires: I alaUi15
NOTARY PUBLIC.OREGON
,, ' COMMISSION NO. 181185
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Notice of Decision - Site Plan Review Ink a)
Project Name: Anderson dental clinic
Project Proposal: Development of a 3,327sf dental office
Case Number: TYP212-00004
Project Location:4777 Main Street
Tax lot: 17-02-32-00-02201
Property size: .98 acre
Base Zone: Community Commercial
Overlay District(s): none
Metro Plan Designation: Commercial
Refinement Plan/Designation: East Main Refinement Plan/Mixed Use Area #2
Pre-Submittal Meeting Date: April 13,2012
Application Submitted Date: April 18,2012
Decision Issued Date: June 8,2012
Appeal Deadline Date:June 23, 2012
Other Application(s): none
CITY OF SPRINGFIELD DEVELOPMENT REVIEW TEAM
POSITION REVIEW OF NAME PHONE
Project Manager Planning Steve Hopkins 726-3649
Transportation Planning Engineer Transportation Michael Liebler 736-1034
Public Works Civil Engineer Utilities,Sanitary & Clayton 736-1036
Storm Sewer Mceachern
Deputy Fire Marshall Fire and Life Safety Gilbert Gordon 726-2293
Building Official Building code Dave Bowlsby 736-1029
APPLICANT'S DEVELOPMEN T REVIEW TEAM t
�
Applicant Land owner
Bill McIntyre/McIntyre Construction Nathan Anderson
90472 Woodruff St 36637 Cedar Hills Dr
Eugene OR 97402 Pleasant Hill OR 97455
541-687-2841 541-743-6783
Summary of proposal:Development of a 3,327sf dental office. The parcel contains 0.98 acre.
There are wetlands on the southern portion of the parcel. DSL has reviewed the wetland--
delineation and the site plan. A state permit will not be required because the development
avoids impact to the jurisdiction wetlands. The site plan shows access to Main Street, a state
Case No. TYP2I2-00004 Page 1 of 7
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highway. ODOT issued an approach permit in 2011 and has determined it is valid for the
proposed development.
Site:
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a".::. � J }i s - Z' e Y"J - =ASTE� ��y°'■Decision: Tentative Approval with conditions, as of the date of this letter. The standards of
the Springfield Development Code (SDC) applicable to each criterion of approval are listed
herein and are satisfied by the submitted plans and notes unless specifically noted with findings
and conditions necessary for compliance. The Final Site Plan must conform to the submitted
plans as conditioned herein. This is a limited land use decision made according to city code and
state statutes. Unless appealed, the decision is final. Please read this document carefully.
Other Uses Authorized by the Decision: None. Future development will be in accordance
with the provisions of the SDC, filed easements and agreements, and all applicable local, state
and federal regulations.
Review Process: These applications are reviewed under Type II procedures listed in SDC 5.1-
130 and the Site Plan Review Criteria in SDC 5.17-100.
Procedural Findings:
• Applications for Limited Land Use Decisions require the notification of property
owners/occupants within 300 feet of the subject property allowing for a 14 day --
comment period on the applications (SDC Sections 5.1-130 and 5.2-115). The applicant
and parties submitting written comments during the notice period have appeal rights
and are mailed a copy of this decision for consideration.
Case No. TYP212-00004 Page 2 of 7
• •
• Notice was sent to adjacent property owners/occupants within 300 feet of the subject
site on April 24,2012.
• On May 8,2012, the City's Development Review Committee reviewed the proposed
plans. City staff's review comments have been reduced to findings and conditions only
as necessary for compliance with the Tentative Site Plan Criteria of Approval contained
in SDC 5.17-125. This decision was issued on the 51st day of the 120 days mandated by
the state.
• In accordance with SDC 5.17-135, the Final Site Plan shall comply with the requirements
of the SDC and the conditions imposed by the Director in this decision. The Final Plat
otherwise shall be in substantial conformity with the tentative plan reviewed. Portions
of the proposal approved as submitted during tentative review cannot be substantively
changed during Final Plan approval.
Comments Received: The applicant and parties submitting written comments during the
notice period have appeal rights and are mailed a copy of this decision for consideration. See
Appeals, on the last page of this report. Their comments are made part of this legal record and
are included in this report by reference.
Comments were received on May 4,2012,from Edward Pabor, 257 S 47th Street. His comments
were: "This neighborhood is already built up too much. We should put some value on open
space and neighborhood values. I oppose this building permit."
Response: This site is zoned Community Commercial and the proposed use is allowed in that
zone. In addition, this site is not listed as a future park site by the Willamalane Park and
Recreation District.
SDC 5.17-125 Site Plan Review Criteria of Approval
The Director shall approve or approve with conditions: a Type II Site Plan Review application
upon determining that approval criteria A. through E., below have been satisfied. If conditions
cannot be attached to satisfy the approval criteria, the Director shall deny the application.
A. The zoning is consistent with the Metro Plan diagram, and/or the applicable
Refinement Plan diagram,Plan District map,and Conceptual Development Plan.
Finding: The site is zoned CC (Community Commercial). This area is designated
Commercial by the Metro Plan and Mixed Use Area#2 by the East Main Refinement Plan.
Conclusion:The proposal complies with SDC 5.17-125(A).
B. Capacity requirements of public and private facilities, including but not limited to,
water and electricity; sanitary sewer and stormwater management facilities; and streets
and traffic safety controls shall not be exceeded and the public improvements shall be
available to serve the site at the time of development, unless otherwise provided for by
- this Code and-other-applicable regulations. The Public Works Director or a-utility
provider shall determine capacity issues.
SANITARY AND STORM WATER
Case No. TYP2!2-00004 Page 3 of 7
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Finding:Section 4.3-105.A of the SDC requires that sanitary sewers shall be installed to
serve each new development and to connect developments to existing mains.
Additionally, installation of sanitary sewers shall provide sufficient access for
maintenance activities.
Finding: Each developable parcel is required to participate in the cost of extending and
maintaining public sanitary sewer. This fee is called the Sanitary Sewer In-Lieu-of-
Assessment charge. It is charged in addition to the regular connection fees. It is only
charged if the property or portions of the property being developed have not previously
been assessed or otherwise participated in the cost of a public sanitary sewer. Public
Works records show that the parcel being developed under this application has never
been assessed for the cost of the public sewer system.
Finding: The charge for the proposed development is$10,080 and covers the area of
development only.
Finding: The remaining portion of the lot will still require an assessment fee to be paid
at the time of development. Currently, that charge would be$8,608 for the remaining
fiscal year (until July 1,2013).
1. Condition of Approval: Prior to issuance of a building permit, pay the sewer in-
lieu-of-assessment charge for the portion of the lot being developed.
Finding: Under Federal regulation of the Clean Water Act (CWA), Endangered Species
Act(ESA), and National Pollutant Discharge Elimination System (NPDES);the City of
Springfield has obtained a Municipal Separate Storm Sewer System (MS4) permit. A
provision of this permit requires the City demonstrate efforts to reduce the pollution in
urban stormwater to the Maximum Extent Practicable (MEP). -
Finding: Section 3.03.3.B of the City's Engineering Design Standards and Practices
Manual (EDSPM) states all public and private development and redevelopment projects
shall employ a system of one or more post-developed BMPs that in combination are
designed to achieve at least a 70 percent reduction in the total suspended solids in the
runoff generated by that development. Section 3.03.4.E of the manual requires a
minimum of 50 percent of the non-building rooftop impervious area on a site shall be
treated for stormwater quality improvement using vegetative methods.
Finding: To meet the requirements of the City's MS4 permit, the Springfield
Development Code,and the City's EDSPM, the applicant has proposed two rain
gardens.
Finding:The vegetation proposed for use in the rain gardens will serve as the primary
pollutant removal mechanism for the stormwater runoff. Satisfactory pollutant removal
will occur only when the vegetation has been fully established.
2. Condition of Approval: Prior to approval of the final site plan,the applicant
shall provide an operations and maintenance plan to the City for review to
ensure the long-term maintenance and operation of the proposed rain gardens. -
The plan should designate maintenance responsibility for operating and
maintaining the system, and should be distributed to all property owners and
tenants of the site.
Case No. TYP2I2-00004 Page 4 of 7 -
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3. Condition of Approval: To ensure a fully functioning water quality system and
meet objectives of Springfield's MS4 permit, the Springfield Development Code
and the EDSPM, the proposed rain gardens shall be shall be fully vegetated with
all vegetation species established prior to approval of the final site inspection.
Alternatively,if this condition cannot be met, the applicant shall provide and
maintain additional interim erosion control/water quality measures acceptable
to the Public Works Department that will suffice until such time as the rain
garden vegetation becomes fully established.
Conclusion: As conditioned,the proposal complies with SDC 5.17-125(B).
C. The proposed development shall comply with all applicable public and private design
and construction standards contained in this Code and other applicable regulations.
Finding:The applicant has proposed storing a 90 gallon trash bin inside the building. A
dentist office typically does not generate trash in quantities that require a larger dumpster.
A separate trash enclosure will not be required.
Finding: If future needs require the trash container to be stored outside,it shall comply
with SDC 4.4-100 (Screening). This requires a fully enclosed area that is screened from
public view and plumbed to sanitary sewer.
Conclusion:The proposal complies with SDC 5.17-125(C).
D. Parking areas and ingress-egress points have been designed to: facilitate vehicular
traffic, bicycle and pedestrian safety to avoid congestion; provide connectivity within
the development area and to adjacent residential areas, transit stops, neighborhood
activity centers, and commercial, industrial and public areas; minimize driveways on
arterial and collector streets as specified in this Code or other applicable regulations
and comply with the ODOT access management standards for State highways.
Finding:The site will take access from Main Street,a state highway. The Oregon
Department of Transportation (ODOT) controls access to state highways.
Finding:ODOT issued an approach permit on July 28,2011 (permit#54812). As
evidenced by a letter from ODOT, the permit is valid for the proposed development.
Finding: SDC 4.6-100 requires 1 space for each 300 square feet of gross floor area. Based
on a 3,327sf building, 12 parking spaces required. The site plan shows 12 parking
spaces.
Finding:SDC 4.6-155 requires a minimum of 3 bicycle spaces (1 long-term,2 short-term).
The long-term space shall be protected from the weather and may be a dedicated area
inside the building on the first floor. On the final site plan,identify a minimum of 3 bicycle
- spaces (1 long-term;2 short-term). --
4. Condition of Approval:The final site plan shall identify a minimum of 3 bicycle
spaces (1 long-term,2 short-term) that comply with SDC 4.6-145 and 4.6-150.
Conclusion:As conditioned,the proposal complies with SDC 5.17-125(D).
Case No. TYP212-00004 Page 5 of 7
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E. Physical features, including, but not limited to: steep slopes with unstable soil or
geologic conditions; areas with susceptibility of flooding; significant clusters of trees
and shrubs;watercourses shown on the WQLW Map and their associated riparian areas;
wetlands; rock outcroppings; open spaces; and areas of historic and/or archaeological
significance, as may be specified in Section 3.3-900 or ORS 97.740-760, 358.905-955 and
390.235-240, shall be protected as specified in this Code or in State or Federal law. '
Finding: There are wetlands on the southern portion of the parcel. The Department of
State Lands (DSL) has reviewed the wetland delineation and the site plan. DSL has
determined a state permit will not be required because the development avoids impact
to the jurisdiction wetlands.
Conclusion:The proposal complies with SDC 5.17-125(E).
DETERMINATION: Based on the evidence in the record, the Director determines the site
plan complies with SDC 5.17-125(A)-(E), subject to the Conditions of Approval attached to
this report.
What Needs To Be Done?
SDC 5.17-135 states: "Within 90 days of an affirmative decision by the Approval Authority, a
complete Final Site Plan shall be submitted to the Development Services Department. The
Final Site Plan submittal shall incorporate all approval conditions listed in the staff report. The
Final Site Plan shall become null and void if construction has not begun within two years of
the signing of the Development Agreement required in Section 5.17-140."
A Final Site Plan application is charged upon submittal of the complete application and all
required documents and after all conditions of approval are met, including the construction of
public and private improvements and extension of utilities required through this decision. The
Final Site Plan shall comply with the requirements of the SDC and the conditions imposed by
the Director in this decision. The Final Site Plan otherwise shall be in substantial conformity
with the tentative plan reviewed. Portions of the proposal approved as submitted during
tentative review cannot be substantively changed during final site plan approval. Approved
Final Site Plans (including Landscape Plans) shall not be substantively changed during Building
Permit Review without an approved Site Plan Decision Modification.
DEVELOPMENT AGREEMENT: In accordance with SDC 15.17-140, a Development
Agreement is required to ensure that the terms and conditions of site plan review are binding
upon both the applicant and the City. This agreement will be prepared by Staff upon approval
of the Final Site Plan and must be signed by the property owner prior to the issuance of a
building permit.
SECURITY AND ASSURANCES. All required improvements shall be installed prior to the
issuance of a certificate of occupancy or final building inspection. Refer to SDC 5.17-150 for
details regarding bonding for required improvements.
Case No. TYP2I2-00004 - Page 6 of 7
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Summary of Conditions of Approval
1. Prior to issuance of a building permit, pay the sewer in-lieu-of-assessment charge for the
portion of the lot being developed.
2. Prior to approval of the final site plan, the applicant shall provide an operations and
maintenance plan to the City for review to ensure the long-term maintenance and operation
of the proposed rain gardens. The plan should designate maintenance responsibility for
operating and maintaining the system, and should be distributed to all property owners and
tenants of the site.
3. To ensure a fully functioning water quality system and meet objectives of Springfield's MS4
permit, the Springfield Development Code and the EDSPM, the proposed rain gardens shall
be shall be fully vegetated with all vegetation species established prior to approval of the
final site inspection. Alternatively,if this condition cannot be met,the applicant shall
provide and maintain additional interim erosion control/water quality measures acceptable
to the Public Works Department that will suffice until such time as the rain garden
vegetation becomes fully established.
4. The final site plan shall identify a minimum of 3 bicycle spaces (1 long-term,2 short-term) that
comply with SDC 4.6-145 and 4.6:150.
Additional Information:The application, all documents, and evidence relied upon by the
applicant, and the applicable criteria of approval are available for free inspection and copies are
available for a fee at the Development Services Department, 225 Fifth Street,Springfield,
Oregon.
Appeal: This Type II Tentative decision may be appealed to the Planning Commission. The
appeal may be filed with the Development Services Department by an affected party. The
appeal must be in accordance with SDC, Section 5.3-100, Appeals. An Appeals application
must be submitted to the City with a fee of $250.00. The fee will be returned to the appellant if
the Planning Commission approves the appeal application.
In accordance with SDC 5.3-115(B) which provides for a 15-day appeal period and Oregon
Rules of Civil Procedures, Rule 10(c) for service of notice by mail, the appeal period for this
decision expires at 5:00 p.m. on June 23,2012.
Questions: Please call Steve Hopkins in the Planning Division of the Development Services
Department at(541) 726-3649 if you have any questions regarding this process.
Prepared by:
Steve Hopkins, AICP
Senior Planner
Development&Public Works- Urban Planning Division
Case No. TYP2I2-00004 Poge 7 of 7
PLANNING DEPARTMENT OREGON
225 FIFTH STREET
SPRINGFIELD, OR 97477
Bill McIntyre Construction
90472 Woodruff Street
Eugene, OR 97402
` `INGFIELD'
DEVELOPMENT SERVICES
PLANNING DEPARTMENT OREGON
225 FIFTH STREET
SPRINGFIELD, OR 97477
Nathan Anderson
36637 Cedar Hills Dr
Pleasant Hill, OR 97455
PLANNING DEPARTMENT ®OREGON
225 FIFTH STREET
SPRINGFIELD, OR 97477
Edward Pabor
257 South 47th Street
Springfield, OR 97478