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HomeMy WebLinkAboutNotice PLANNER 6/11/2012 111 5nitriLeya.) EiE 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 N(COMMISSION EXPIRES D(((MIRA 2 181E • . JA32 /1031210 r pYTiMB Sia 'WS 4.'` ) _ 11003ite - 3I.I80 tkAT0IA "`.. LLN St i9t. t tt0i22EAfi2J^v3 it Dot At swim')zim‘l ooltrinno)1m • • SPNINOFIaD 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 • • t •! highway. ODOT issued an approach permit in 2011 and has determined it is valid for the proposed development. Site: 1aa ^aw _ r x x i 4 1_.-f s A , ,4 - r4t.4- y ,e "�t-wra- r.. .Y nr:- 1 r r- x 43 -7.4--':-'t .- ;4 ', 7, .: � . �e . - t h .C'�f-cr f ~u • t"-•-. r a s - L-'1 F•v. .. ' a 1- t last =:: ! :' u, -� ' a iy ,- r .�r- --tit ( i rtjk"is ' 'Cb t .f ? r I t- , 11-- ^ �)4 ` � t r 3 } ki t ` B a f, r ra y . r y - p v f1 _. } 6 3 f t is a. _ tats (22;.,t3.' _ .••�� ..:..`t i.:t7:.'i:4 1 • _ u-"s `'tire:T h 'i 41 ��� k ri4 t i 4- ' ,'} .. RS 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 • • • '1 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 - • • 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 • - • • 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 • • • 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