HomeMy WebLinkAboutCorrespondence Miscellaneous 4/11/2011 • •
Gleaves
Swearingen
• Potter &
Scott LLP
April 4, 2011
Ann M. Batten, PE
Region 2 Traffic Analyst
David Knitowski, PE
Region 2 Access Management Engineer •
• Phone:
Oregon Dept. of Transportation
(541)686-8833
. 455 Airport Road SE Building A Fax:
• Salem, OR 97301-5397 (541)345-2034
•
Re: Boyles Property Mixed-Use Development 975 Oak Street
CHAMPS Application Number 10859 Suite 800
PP Eugene,Oregon
Transportation Impact Analysis Review 97401-3156
ODOT Region 2— District 5
McKenzie Highway — OR 126 (Highway #15) Mailing Address:
Milepost 5.67 — 5.74 P.O.Box 1147
City of Springfield Eugene,- Oregon
• Lane County
Email:
Dear Ms. Batten and Mr. Knitowski: info@gleaveslaw.com
Web-Site:
This firm represents Nick Boyles with regard to the above referenced application for " "Bleaveslaw.com
an approach permit. The purpose of this letter is: (1) to respond to the issue of
whether the alternate access for this roe presently available provides
Frederick oeB
A.Baton
property rtY P Y P Jon V Buerstatte
"reasonable access"within the meaning of ORS 374.710(3) and OAR 734-051- Patricia L.Chapman'"
0080(7)1, and (2) to address the relationship of crash data to safety factors in OAR Michael T.Faukoner"
Howard FFeinman
734-051-0080(8).
Thomas P.E.Herrmann'
Dan Webb Howard"
Reasonable Access Cassie K.Kellogg
Stephen O.Lane
Valeri L.Love
As you know, ORS 374.310(3) sets forth the following criteria to determine • William H.Martin'
reasonableness of access: Laura T Z.Montgomery" .
Thomas K.N.Moseman •
Laurie A.Nelson
"(a) The access must be sufficient to allow the authorized uses for the Ian T.Richardson
• property identified in the acknowledged local comprehensive plan. Martha).Rodman
• Robert S.Russell
•
b The type, number, size and location of approaches must be Douglas R..Schultz
( ) t1'P PP Malcolm H.Scott
adequate to serve the volume and type of traffic reasonably Joshua K.Smith
anticipated to enter and exit the property, based on the planned uses James W Spickc man
for the property." Jane M.Yates
• Also admitted •
in Washington
"Also admitted
1 The December 8 ODOT memorandum references OAR 734-051-0080(8). In the referenced - in California
administrative rule in effect as of December 15, 2010, it is section (7)which sets out the criteria for
determination of reasonableness for alternate access.
Date Received:. •rl I-1 •
Planner: • 5{y I t.--F ('k .
•
Ann M. Batten, PE
David Knitowski, PE
April 4, 2011
Page 2
OAR 734.051-0080(7) states that whether alternate access to the site is or can be
made reasonable is determined based upon the following:
"(a) The Department determines that alternate access to the property
is sufficient to allow the authorized uses for the property identified in
the acknowledged local comprehensive plan.
(b) The Department determines that the type, number, size and
location of approaches are adequate to serve the volume and type of
traffic reasonably anticipated to enter and exit the property, based on
the planned uses for the property."
Addressing the first of these criteria in both the statute and administrative rule, the
site is designated in the Eugene-Springfield Metropolitan Area General Plan for
Commercial use and has a Mixed Use overlay. The East Main Refinement Plan, the
applicable refinement plan, which is part of the General Plan, designates the property
as"Mixed Use 2 and 3,"(the numbers reference Area #2 and Area #3 in the
refinement plan.) The relevant portions of the refinement plan are attached hereto
as Exhibit A.
As can be seen, Area #2 allows as land uses under Community Commercial zoning
for this property, "All Community Commercial uses"and "Medium and Hiqh Density
Residential." Area #3 allows under Community Commercial zoning "Medium and
High Density Residential"and "All Community Commercial uses"subject to Article 18
of the Springfield Development Code."
The subject property is zoned Community Commercial District (CC), therefore, all the
allowed uses in Areas #2 and #3 are permitted on the property. The Springfield
Development Code (SDC) section 3.2-305B describes the Community Commercial
zones:
"The CC district establishes sites to provide for a wide range of retail
sales, service and professional office use and also includes all existing
strip commercial areas."
Attached as Exhibit B is that section and SDC 3.2-310 Schedule of Use Categories. As
is apparent in that schedule, the range of uses allowed in the CC district is the "
broadest of the Commercial zones and includes many uses which are the generators
of high volumes of traffic to and from the site. As demonstrated in the Traffic Impact
Analysis for the Main Street Mixed Use site prepared by Branch Engineering October
13, 2010, stacking which will occur on 51st Place for eastbound traffic seeking to
enter the site will cause that alternate access to be inadequate to serve many of the
uses which could be authorized for this property.
The second criteria under both the statute and administrative rule requires that the
type, number, size and location of approaches be adequate to serve the volume and
•
Ann M. Batten, PE
David Knitowski, PE
April 4, 2011
Page 3
type of traffic reasonably anticipated to enter and exit the property based on planned
uses for the property. Branch Engineering has submitted a TM by an Oregon
registered engineer and bearing the appropriate certification, which finds that the
conditions will result in the interference with the proposed or existing South 51st Place
driveways and that unsafe conditions will occur.
ODOT responded with a CH2M Hill "Traffic Impact Study Review"questioning the
queuing analysis of the Branch TIA. This"Study Review"does not identify its
particular author, bear the certification of the engineering work by the engineer of
record and lacks substantiating data. While the properly certified Branch TIA
concludes unsafe conditions will occur, ODOT presents no properly authenticated TM
concluding that no interference with the proposed South 51st Place driveways will
occur. The applicant, in accord with OAR 734-051-0080(4), has provided substantial
evidence that demonstrates the alternative access is not reasonable and that
evidence has not been credibly rebutted.
It is submitted that, under both criteria for determination of reasonable alternative
access, the alternative access available will not be reasonable to serve the authorized
uses or planned uses occurring on the site of the property.
Safety Factors for Deviation from Spacing Standards
The approval criteria for a spacing deviation from the access management standards
are set forth in OAR 735-051-0135:
"(8) For purposes of Division 51, safety factors include:
(a) Roadway character;
(b) Traffic character; •
(c) Geometric character;
(d) Environmental character; and _
(e) Operational character."
Mr. Knitowski's January 31, 2011 letter advises that ODOT considers crash data in its
determination of safety. It is submitted that crash data is not relevant to any of the
above listed factors applicable to Division 51. Not only is crash data not referenced
in the safety factors, crash data is not mentioned in the entirety of Division 51 •
Highway Approaches, Access Control, Spacing Standards and Medians.
Crash data does play a significant role in Division 20 Traffic Control. OAR 734-020-
0010 Establishment of Speed Limits on Interstate Highways, subsection (2)(a),
provides that, in establishing or reviewing a speed limit on interstate highways, crash
history is one of the factors to be considered.
There is no basis to insert consideration of crash data into criteria found in a separate
division of the ODOT administrative rules. To do so would be contrary to proper
Ann M. Batten, PE
David Knitowski, PE
April 4, 2011
Page 4
statutory construction, including a very basic tenet that one shall not insert that
which is omitted in the statute or administrative rule.
It is submitted that reasonable alternative access is not available to the subject
property. Because the applicable safety factors for the allowance of a deviation from
spacing standards usually are not addressed until the issue of reasonable alternative
access is resolved, the criteria of OAR 734-051-0080(8) have not been specifically
addressed. As is apparent in the Branch Engineering TIA, the evidence is that the
safety factors can be satisfactorily addressed.
Respectfully s ••••,ed, •
esis
James W. Spi• -- - •
•
jca
cc: Client
Attachments: Exhibit A— Mixed Use Element
Exhibit B— SDC 3.2-305 and 3.2-310
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•
•
ibit A MELEMENTE •
ii East Main Refinement Plan
The Metro Plan designated most of the land along Main Street in the East Main area Medium Density
Residential with a Mixed-Use overlay. The Metro Plan gives little direction to local jurisdic-
tions on how to ir.:Iement the Mixed-Use.designation. Where compatibility issues can be addressed
it may be beneficial to maintain a mixture of uses. This designation is intended to recognize
the existing mixture of uses and to provide policy direction for future development in mixed-use
areas.
CRITERIA FOR MIXED-USE REFINEMENT PLAN DESIGNATION
1. Generally, the Mixed-Use refinement plan designation may be applied under the following cir-
cumstances:
A)- at least 50% of the lots within the proposed Mixed Use area have buildings;
B) there is a mixture of legally established uses;
C) none of :-e .other standard refinement plan designations recognize existing development
patterns; - -
D) the existing zoning of a majority of the lots is in conflict with the Metro Plan or the
Metro Plan designation is Mixed-Use; and
E) the area to be designated must be at least three acres in size, so that compatibility
•
and design issues can be addressed comprehensively.
GOAL
•
1) Recognize areas which have a mixing of uses and allow for flexibility of design for larger
vacant areas that are surrounded by mixed uses.
POLICIES
•
1) All uses shall comply with development standards of the underlying zoning as specified by
the Springfield Development Code and this Plan.
2) AREA #2
A) The following land uses are allowed under Community Commercial zoning:
-Medium and High Density Residential e 2
-All Community Commercial uses subject to Article 18 of the Springfield Development
Code. ,
B) All properties shall be legislatively rezoned to Community Commercial except as stated
in section D below.
C) Light Medium Industrial uses shalt be permitted as follows: a Development Area Plan of
at least one acre shall be prepared in accordance with Plan Implementation Policy #3,
prior to rezoning to Light Medium Industrial. Upon completion of the rezone Light
Medium Industrial uses shall be subject to provisions of Article 20 of the Springfield
Development Code.
• D) Allow for the continued industrial use of developed industrial properties by maintain-
ing the Light-Medium Industrial zoning where:
A) existing zoning is industrial; and
B) the true cash value of industrial buildings on the site exceed the true cash value
of the land itself.
3) AREA #2A
A) All properties shall be legislatively rezoned to High Density Residential.
B) All uses permitted in the High Density Residential Zoning District, Article 16 of the
Springfield Development Code, shall be permitted.
C) Community Commercial or Light Medium Industrial uses shall be permitted on a maximum of
40% (3.4 acres) of the property as follows: a Development Area Plan for the entire site
shall be prepared in accordance with Plan Implementation Policy #3 prior to rezoning
the 3.4 acres to either Community Commercial or Light Medium Industrial. Upon comple-
tion of the rezone subsequent uses shall be subject to provisions of that zoning dis-
trict
D) No partitioning or tot line adjustments shall be allowed prior to the approval of a DAP
in conformance with Plan Implementation Policy #3 and these policies. .
• MIXED-USE •
ELEMENT
•
4) AREA #26 '
A) All properties shall be legislatively rezoned to High Density Residential.
B) All uses permitted in the High Density Residential zoning District, Article 16 of the
Springfield Development Code, shall be permitted.
C) Community Commercial uses shall be permitted on a maximum of 40% (10.3 acres) of the
property as follows: a Development Area Plan for the entire site•shall be prepared in
accordance with Plan Implementation Policy *3 prior to rezoning the 10.3 to Community
Commercial. Upon completion of the rezone Community Commercial uses shall be subject
to provisions of that zoning district.
D) No partitioning or lot line adjustments shall be allowed prior to the approval of a DAP
in conformance with Plan Implementation Policy a3 and these policies.
5) AREA *3
A) The following land uses are allowed under Community Commercial. zoning:
-Medium and High Density Residential
-All Community Commercial uses subject to Article 18 of the Springfield Development
Code.
B) All properties shall be legislatively rezoned to Community Commercial.
6) Wherever commercial/industrial uses sbut resident's: uses vegetative buffers and Landscaping
shall be required in accordance, with Site Plan Review standards (Article 31, Springfield
Development Code).
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3.2-305 Establishment Commercial Zoning Districts • Page 1 of 1
Exhibit B •
Springfield Development Code
•
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CHAPTER 3 LAND USE DISTRICTS
Section 3.2-300 Commercial Zoning Districts
3.2-305 Establishment of Commercial Zoning Districts
The following commercial zoning districts are established:
A. Neighborhood Commercial District(NC).The NC District establishes sites up to 3 acres in size to •
provide day to day commercial needs for support populations up to 4,000 people. NC developments
should enhance rather than Intrude on the character of a neighborhood by using landscaping, building
materials and design features that are similar to and in proportion with residential uses. New NC
Districts larger than 1.5 acres shall be limited to collector and arterial streets. Existing NC Districts on
local streets shall not be allowed to expand beyond 1.5 acres unless the development area abuts a
collector or arterial street. •
B. Community Commercial District(CC).The CC District establishes sites to provide for a wide
range of retail sales, service and professional office use and also includes all existing strip commercial
areas.
• C. Major Retail Commercial District(MRC).The MRC District establishes sites suitable for shopping •
•
centers.The minimum development area shall be 20 acres.
•
D. General Office District(GO).The GO District is established to encourage appropriate office. •
•
development as a transition zone, providing a buffer between residential and more intensive commercial
development at the boundaries of a Community Commercial or Major Retail Commercial designation.
The minimum development area shall be at least 1 acre.
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. 3.2-310 Schedule of Use Categilb • Page 1 of 7
Springfield Development Code
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CHAPTER 3 LAND USE DISTRICTS
Section 3.2-300 Commercial Zoning Districts
3.2-310 Schedule of Use Categories
•
The following uses are permitted in the districts as indicated, subject to the provisions, additional restrictions
and exceptions specified in this Code. Uses not specifically listed may be approved as specified in Section 5.11-
100. •
•
"P"= PERMITTED USE subject to the standards of this Code. •
"5" = SPECIAL DEVELOPMENT STANDARDS subject to special locational and/or siting standards as
specified in Section 4.7-100.
"D" = DISCRETIONARY USE subject to review and analysis under Type III procedure(Section 5.9-100) at
the Planning Commission or Hearings Official level. •
"N" = NOT PERMITTED •
•
SITE PLAN REVIEW SHALL BE REQUIRED unless exempted elsewhere in this Code. •
•
Commercial Districts
Categories/Uses NC CC MRC G(
Agricultural and Animal Sales and Service
Agricultural cultivation of undeveloped land • N P P N
Animal hospitals,animal clinics and kennels (Section 4.7-110) N S N N
Feed and seed supplies N P S N
Garden supplies(Section 4.7-150) N P S N
Automotive, Marine and Mobile/Manufactured Homes Sales,
Service, Storage and Repair(Section 4.7-115)
Auto and truck dealers, new N S S N
Auto and truck dealers, used N . S N N •
Boat sales and accessories N S S N
• Car Washes N P N N
Garage, repair N S D N
Manufactured home and RV sales including campers, canopies N S N N
and other accessories
Motorcycle sales and repair N P S N
Private parking lots and garages N P P N
Rental, automotive and trucks N S S N
Service stations S P S N
Tires, batteries and accessories N P S N
Business and Professional Offices and Personal Services
Accountants, bookkeepers and auditors P P P P
•
Advertising/ marketing agencies P P P P
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. 3.2-310 Schedule oil, Categories • Page 2 of 7
Architects, landscape architects and designers P P P P
Art Studios,fine P P P P
Art restoration P P P • P
Attorneys P P P P
Audio/video production studio P P P N
Authors/composers P P P P
Banks, credit unions and savings and loans P P P P
Barber and beauty shops P P P N
Business Schools P P P N
Catering Services P P P N
Clinics and research/ processing laboratories P P P P
Collection agencies P P P P
Commodity contract brokers and dealers P P P P
Computer and information services P P P P •
Child care facilities (Section 4.7-125) S S S S
Dentists P P P P
Detective and protective agencies P P P P •
Diaper services P P P N
Doctors • P P P P
•
•
Drafting, graphic and copy services P P P P .•
Employment agencies and services . P P P P
Engineers and surveyors P P P P
. Financial Planning, investment services P P P P
Funeral services P P P N
Graphic art services P P P P •
Gymnastics instruction P P P P
House cleaning services P P P P
Insurance carriers, agents, brokers and services P P P P
Interior decorator and designers P P P P
Laundry, dry cleaners, including self service, and ironing P P P N
services .
Loan companies, other than banks P ,P 'P P
Locksmiths P P P N
Lumber brokers. P P P P
Mailing services/mail order sales P P P P
Management and planning consultants P P P P
Manufactured unit as a temporary construction office, security P/S P/S P/S P/
quarters or general office(Sections 4.8-110, and 4.8-120 and
4.7-185)
Manufactured home as a manufactured home sales office P P P N
(Section 4.8-115) .
Motion picture studio/distribution P P P N
Non-profit organizations P P P . P
Opticians P P • P P
Performing arts instruction P P P P
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•
3.2-310 Schedule of Use Categ. • Page 3 of 7
Photocopying P P P p
Photography studios P p P p
Planner, land use P p p p
Printing/ publishing P p p p
Private investigator • P p P P
Psychologists and counselors P p P P
Real estate sales and management - P p P P
. Scientific and educational research P P p p
Security systems services P p P p
Self-defense studio P p P p •
Shoe repair P p P N
Stenographers and secretarial services P P P p
Stockbrokers p p p p •
Swimming pool cleaning P P p p .••
Tailors P p p N
•
Tanning salons P p p P
Title companies p p p p •
Telephone answering services P P P p
Travel agencies p p p p
TV and radio broadcasting studios .. P p p p
Typing services P p P P .
Communications towers, including antennas and relay N D D N
equipment.
Certain Wireless Telecommunications Systems Facilities. Section Section Section Sect
4.3-145 4.3-145 4.3-145 4.3-7
Window cleaning P p p N
Eating and Drinking Establishments
Cocktail lounges P p p N •
I Delicatessens and sit down restaurants including espresso P P p 5 •
shops (Section 4.7-145)
Drive up restaurants and espresso shops P P p N
• Taverns and brew pubs D P P N
Public Utility Facilities
High impact facilities (Section 4.7-160) S S S N
Low impact facilities P p P p
Recreational Facilities (Section 4.7-205)
Amusement park P P p N
Arcades S S S N .
Art studios, performing P p p N
Athletic field P p P N
Auditoriums S S P N
Batting cages • S S S N
. Bingo parlors S S S N
Bowling alleys P p p N
Dance halls S S S N
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3.2-310 Schedule ofill Categories • Page 4 of 7
Exercise studios P P P S •
Exhibition hall P P P N
Golf driving range P P P N
Gyms and athletic clubs P P P N
Hot tub establishments P P P N
Hydrotubes S S S N
Miniature auto race track P P P N
Miniature golf P P P N .
Movie theaters, indoor P P P N
Movie theaters, drive-in N D N N ;
Non Alcoholic Night Club S S S N
Off-track betting facility P P P N
Parks, private and public P P P" N
Playground P P P N
Play/tot lot P P P P •
Pool halls P P P N •
Recreation center P P P N
•
Riding stable P P P N
Rodeos P P N N" •
Shooting range (Also subject to provisions of Springfield N S S N
Municipal Code, 1997 .
Skating rinks S S S N
Stadiums P P P N
Swimming pools P P P N
Tennis, racquetball and handball courts P P P N
Theater, legitimate P P P N
Velodromes P P P ' N
" Religious,Social and Public Institutions:
Branch educational facilities P P P N
Charitable services P P . P N
Churches,temples and weekly religious schools P P P P
Community and senior centers P P P N
Fraternal and civic organizations P P P N
•
Hospitals P P P N
Labor unions P P P N
Public offices P P P P
Private/Public Elementary and Middle Schools (Section 4.7- D* D* N N
195)
Residential Uses in Areas Designated Mixed Use in the Metro S S S N
Plan, Refinement Plans or Mixed Use Districts in this Code
(Section 4.7-210)
Retail Sales(Section 4.7-230) •
Antiques P P P S
Apparel P P • P S
Art galleries and museums P P P S
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3.2-310 Schedule of Use Categ • Page 5 of 7
Art supplies P P P N
Auction/flea markets S S N N
Bakeries P P P N
Bicycles P P P N
Books P P P S
Cameras and photographic supplies P P P S
Candies, nuts and confectioneries P P P S
China, glassware and metal ware P P P N
Cigars and cigarettes P P P P
Computers, calculators and other office machines P P P S
Convenience stores P P P 5
Dairy products P P P N
Department stores P P P N
Drapery, curtains and upholstery P P P N
Dry goods and general merchandise P P P • N
Electrical supplies P P P N
Equipment rental and leasing P P N N
Fabrics and accessories P P P N
Farm equipment P P N N
Feed, grain and hay P P N N
Film drop off and pick up P P P N
Fish P P P N
Floor coverings P P P N
Florists- P P P S
Fruits and vegetables P P P N
Furniture P P P N
Furriers P P P N
Groceries P P P N
Hardware P P P N
Hobby supplies P P P S
Household appliances P P P N
Jewelry P P P . S
Liquidation outlets P . P P N
Liquor outlets (State) P P P N
Luggage and leather P P P 5
Magazines and newspapers P P P P
Mail order houses P P P N
Meats P P P N
Medical and dental supplies P P P S
Musical instruments and supplies P P P S
Novelties and gifts P P P 5
Office equipment P P P S
Paint, glass and wallpaper P P P N
Pharmacies P P P 5
Pottery P P P 5
D nriinc Fnlc ticinnc nnri cfnranc
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3.2-310 Schedule of Categories • Page 6 of 7
P P P N
Second hand and pawn shops S 5 P N
Sewing machines P P P N
Shoes P P P N
Small electrical appliances P P p N
Sporting goods P P P S
•
Stationary P P P N
Supermarkets P P P N
Toys P P P S
Transient merchants S S P N
Weapons dealers P P P N
Small Scale Repair and Maintenance Services(Section 4.7-235)
Business machine repair S P N N
Disinfecting and extermination service N P N N
Electrical appliance repair S P N N
Furniture repair • S P N N
Janitorial services N P N N
Small engine repair S P N N
Watch repair P p P N
•
•
Transient Accommodations
Bed and breakfast facilities (Section 4.7-120) S P N N
Emergency and breakfast facilities N P N N
Hotels N P P. N
Motels N P P N
Youth hostels P P N N
RV Parks (Section 4.7-220) N S N N
Transportation Facilities (Section 4.7-240): •
Bus terminals N 5 S N
Dock, boat ramps and marinas N D N N
Heliports N S S N
Helistops N S S N
Warehouse Commercial Retail and Wholesale Sales (Section
4.7-235):
Cold storage lockers N P . N N
Electrical supplies and contractors N P N N
Floor coverings sales N P N N
Fuel dealers N S N N .
Heavy equipment and truck rental/sales N S N N
Indoor storage, other than mini-warehouses, and outdoor N S N N
storage areas/yards
Large electrical appliance sales N P P N
Lumber yards and building materials N S N N
Merchandise vending machine operators N P N N
Mini-warehouses N S N N
Plumbing and heating supplies and contractors N S N N
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. 3.2-310 Schedule of Use Categill • Page 7 of 7
Unfinished furniture
Uses listed under automotive and retail which are wholesale
uses. (See appropriate Sections)
Secondary Uses Serving or Related to On-Site Commercial
Uses (Section 4.7-175):
Manufacture or assembly of goods or products to be sold on N S N N
premises
One single-family dwelling, attached or detached, as a P P N N
secondary use.
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