HomeMy WebLinkAbout2008 10 07 Complete RS DSD Discretionary Use DRC2008-00056 PC Briefing MemoMEMORANDUM CITY OF SPRINGFIELD
DATE OF HEARING: October 7, 2008
TO: Springfield Planning Commission TRANSMITTAL MEMORANDUM FROM: Mark Metzger, Planner
SUBJECT: Discretionary Use hearing to consider a proposed impounded vehicle storage use of an existing industrial building at 3636
Olympic Street.
ISSUE: There are certain uses which, due to the nature of their impact on nearby uses and
public facilities, require a case-by-case review and analysis at the Planning Commission or Hearings Official level. To mitigate these and other possible impacts, conditions may be applied
to address potential adverse effects associated with the proposed use.
DISCUSSION: The applicant has requested to a discretionary use hearing to consider his
proposed use of an existing industrial building to store impounded vehicles. He has a contract
with the Oregon State Police and intends to contract with various law enforcement agencies including the City of Springfield.
In the application narrative, the applicant emphasizes that the facility is an impound yard as opposed to a wrecking yard. Wrecking yards dismantle vehicles for parts and recycling.
Although the proposed impound storage activity is different from a wrecking yard, SDC Section
3.2-410 groups the proposed use into this general classification, triggering the need for discretionary review.
The likely impact of the vehicle storage activity on nearby businesses is small. The larger development that is being considered on this site by the property owner assumes that the
existing building will be retained. A site plan for that development is being processed parallel to this application.
Based the findings set forth in this report, staff recommends approval of the proposed vehicle impound storage use at this location.
ACTION REQUESTED: The Planning Commission is requested to review the proposed activity against the approval criteria for discretionary uses found in Section 5.9-120 of the Springfield
Development Code and make a determination as to whether the proposed activity meets those
criteria. The Commission may approve the proposed use, approve the use with conditions, or may deny the use.
ATTACHMENTS:
Attachment 1: Staff Report
Attachment 2: Planning Commission Order
ATTACHMENT 1 - 1
Discretionary Use- Type III
Impounded Vehicle Storage—Baby-Face Towing
DRC 2008-00056
Staff Report and Recommendation
Applicant: Roger Haugen, Baby-Face Towing
P.O. Box 24534 Eugene, OR 97402
501-2068
Owner: Nick Cheney
1771 Balboa Street Eugene, OR 97408
359-8507
Project Location: 3626 Olympic Street;
Assessor’s Map 17-02-30-00 TL 1903.
Plan/Zone Designation: Heavy Industrial
Proposed Activity:
The applicant proposes to use an existing
industrial building for storing impounded vehicles that are towed to the site. All vehicles
would be stored indoors. Staff would be on site during normal working hours to allow owners to pick up their vehicles. Vehicles may
be towed to the site any time of day or night.
Related Applications:
DRC2008-00058 Drinking Water Protection
Permit
DRC2008-00030 Chaney Industrial Site Plan
Olympic Street
42n
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Hwy 126
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Subject Site
Baby-Face Towing- Discretionary UseVicinity Map
200 0 200 400 Feet
ATTACHMENT 1 - 2
I. EXECUTIVE SUMMARY AND DECISION
The applicant has requested to a discretionary use hearing to consider his proposed use of an
existing industrial building to store impounded vehicles. He proposes to contract with various
law enforcement agencies including the City of Springfield, to provide vehicle impound storage.
In the application narrative (Appendix A), the applicant emphasizes that the facility is an impound storage facility as opposed to a wrecking yard. Wrecking yards dismantle vehicles for parts and recycling. Although the proposed impound storage activity is significantly different
from a wrecking yard, SDC Section 3.2-410 lists “Auto Wrecking, Storage and Towing Services” as a discretionary use in the Heavy Industrial zoning district.
The notation of this use as a “discretionary use” is what triggers the need for Planning Commission review. The issue before the Planning Commission is the type of use proposed
and not the site design per se. No new construction is being proposed by this action.
The likely impact of the vehicle storage activity on nearby businesses is small. The larger
development being considered on this site by the property owner assumes that the existing building will be retained. A site plan for that new development is being processed parallel to this application.
Based the findings set forth in this report, staff recommends approval of the proposed vehicle impound storage use at this location.
ATTACHMENT 1 - 3
Alternative perspective of subject site.
Building proposed for impounded vehicle storage.
II. PROCEDURAL REQUIREMENTS FOR DISCRETIONARY USE Discretionary Review applications are reviewed under Type III (quasi-judicial) procedure which
includes a public hearing before the Planning Commission or a Hearings Official. The procedural requirements for a Type III land use decision are listed in Springfield Development Code (SDC)
Section 5.1-135. This section requires mailed notice of the public hearing to be sent to residents
and landowners within 300 feet of the subject property and to any applicable neighborhood association (SDC Section 5.1-135 (B). SDC Section 5.2-115 (A) describes the required content of
ATTACHMENT 1 - 4
the mailed notices. Section 5.2-115 (B) states that Type III quasi-judicial procedures also require
published notice of the proposed action in a newspaper of general circulation.
Any person seeking to respond to the issue may provide written comments to the Director
through the day of the public hearing or may testify in person.
Evaluation of the proposal by the Development Review Committee is also required under SDC
Section 5.1-135 (C). The Development Review Committee is composed of staff from various city departments and staff from various other agencies which provide urban services with Springfield’s planning jurisdiction.
Finding #1. Mailed notice of the proposed site plan modification was sent to residents and property owners within 300 feet of the subject site on September 16, 2008 as verified by
affidavit. Finding #2. Notice was sent to participants in the Development Review Committee and a
meeting was held on August 30, 2008 to review issues of compliance of the proposal with applicable development policies and standards.
Finding #3. No comments, written or verbal, were received from the public during the 14-day comment period.
Conclusion: Procedural requirements for processing a Type III Discretionary Use Hearing have been followed.
III. CRITERIA OF APPROVAL—DISCRETIONARY USE
The following section reviews the criteria for approving Discretionary Use applications and makes findings for each individual criterion as they are listed.
SDC Section 5.9-120 states, “Discretionary Use may be approved only if the Planning Commission or Hearings Official finds that the proposal conforms with the Site Plan Review approval criteria specified in Section 5.17-125, where applicable, and the following approval
criteria:
A. The proposed use conforms with applicable:
1. Provisions of the Metro Plan;
Finding #4. The Metro Plan designation for the site is Heavy Industrial. The proposed use is
consistent with the types of uses allowed in the Heavy Industrial plan areas.
2. Refinement plans;
Finding #5. This criterion is not applicable. The subject site is not within a refinement plan
area.
3. Plan District standards;
ATTACHMENT 1 - 5
Finding #6. This criterion is not applicable. The subject site is not within a refinement plan
area.
4. Conceptual Development Plans or
Finding #7. The subject site is not part of any conceptual development plan. The subject site
is, however, part of a larger site plan for development of the property. A small scale drawing
of the site plan is attached as Appendix B. That site plan shows that the existing building will
be retained and integrated into the larger site development.
5. Specific Development Standards in this Code;
Finding #8. SDC Section 3.2-410 does not reference any of the specific development
standards found in Section 4.7-100.
Conclusion: Most of the criteria listed in SDC Section 5.9-120 (A) do not apply to this
application. The project complies with those criteria which do apply.
B. The site under consideration is suitable for the proposed use, considering:
1. The location, size, design and operating characteristics of the use (operating characteristics
include but are not limited to parking, traffic, noise, vibration, emissions, light, glare, odor,
dust, visibility, safety, and aesthetic considerations, where applicable);
Finding #9. The narrative portion of the application states that impounded vehicles will be
stored indoors on the site, and that impounded vehicles may be brought to the site at various
times of day and night.
Finding #10. The subject site is located in a heavy industrial zoning district where noise, and
24-hour activity is expected and allowed.
Finding #11. The small scale of the activity and the proposed indoor storage of the impounded
vehicles will reduce the visual impact of the activity on nearby industrial development,
including the planned new development on the site.
2. Adequate and safe circulation exists for vehicular access to and from the proposed site, and
on-site circulation and emergency response as well as pedestrian, bicycle and transit
circulation;
Finding #12. The proposed use was reviewed by the Public Works Transportation Division
and the Deputy Fire Marshall. Their comments indicate that the existing access to the single
subject building on the site is adequate. The site plan for the remainder of the site provides for
proper circulation and access to future development as well as the existing building where
vehicles will be stored.
ATTACHMENT 1 - 6
Finding #13. In the event the site plan is not approved, the City would be required to seek
improvements to the site under SDC Section 5.15-100—Minimum Development Standards.
Such improvements are not required at this time since the site plan more than meets the
standards set in Section 5.15-100.
3. The natural and physical features of the site, including but not limited to, riparian areas,
regulated wetlands, natural stormwater management/drainage areas and wooded areas shall be
adequately considered in the project design; and
Finding #14. The subject site does not impact any inventoried natural resource area or any
natural features.
4. Adequate public facilities and services are available, including but not limited to, utilities,
streets, storm drainage facilities, sanitary sewer and other public infrastructure.
Finding #15. The proposed use was reviewed by the Public Works Engineering Division and
by the Springfield Utility Board. No comments were received that indicated any lack of
capacity to serve the proposed use.
Finding #16. Impound yards secure and store vehicles until the owner comes to retrieve them. Such cars are almost always in operating condition. Impounded vehicles offer a lower threat of
fluid release than auto wrecking/dismantling operations. The visual impact of an indoor vehicle storage facility are significantly less that that posed by an auto wrecking yard.
Finding #17. In addition to the Discretionary Use application, a Drinking Water Protection
permit is being processed with the assistance of SUB staff. The applicant shall be required to
demonstrate that the impound vehicle storage will be properly managed to minimize the threat
of any spilled vehicle fluids to Springfield’s drinking water supply through the implementation
of spill prevention and containment procedures. In addition, the floor of the storage building
shall be treated with sealants specified by SUB to prevent fluid spills from penetrating the
floor.
Conclusion: The proposed activity is consistent with the criterion in SDC Section 5.9-120 (B).
IV. CONCLUSION AND STAFF RECOMMENDATION
Based on the findings made with regard to the decision criteria for discretionary uses found in
SDC Section 5.9-120, staff concludes that there is adequate basis for the Planning Commission to
approve the proposed vehicle impound storage activity (DRC2008-00056).
ATTACHMENT 1 - 7
APPENDIX A
Applicant’s Narrative
ATTACHMENT 1 - 8
APPENDIX B
Nick Chaney Site Plan DRC2008-00030
Planning Commission Order LRP2008-00010
September 3, 2008
Page 1 of 2
BEFORE THE PLANNING COMMISSION OF THE
CITY OF SPRINGFIELD
A DISCRETIONARY USE HEARING FOR ( AN IMPOUNDED VEHICLE STORAGE FACILITY (
(
Case Number: DRC2008-00056 ( FINDINGS, CONCLUSION AND ORDER (
NATURE OF THE APPLICATION
Baby-Face Towing/Roger Haugen submitted an application to use an existing industrial building located at 3626 Olympic Street, to store impounded vehicles. The Springfield Development Code (SDC) Section 3.2-410 lists “Auto Wrecking, Storage and Towing
Services” as a discretionary use in the Heavy Industrial zoning district, requiring action by the Planning Council to approve.
1. The application conforms to the provisions of Section 5.9-115 of the Springfield Development Code. Timely and sufficient notice of the public hearing, pursuant
to Section 5.1-135 of the Springfield Development Code was provided.
2. On October 7, 2008, a public hearing on the proposed use was held. The
Development Services staff notes, including criteria of approval, findings, and
recommendations, together with the testimony and submittals of those persons testifying at the hearing or in writing, have been considered and are part of the
record of this proceeding. CONCLUSION
The proposed Impounded Vehicle Storage Facility is presented for approval as a discretionary use under SDC Section 3.2-410 “Auto Wrecking, Storage and Towing,”
within the Heavy Industrial zoning district.
On the basis of this record, the requested discretionary use is consistent with the criteria
of approval of Section 5.9-120 of the Development Code. This general finding is supported by the specific findings of fact and conclusion in the Staff Report that is
attached hereto.
DECISION OF THE PLANNING COMMISSION
It is the DECISION of the Planning Commission of Springfield that Journal Number
DRC2008-00056, Discretionary Use, (be approved) (be approved with conditions) (be
denied) (no action be taken at this time).
This DECISION was presented to and approved by the Planning Commission on
October 7, 2008.
Planning Commission Order LRP2008-00010
September 3, 2008
Page 2 of 2
__________________________________
Planning Commission Chairperson
ATTEST:
AYES: _____
NOES: _____ ABSENT: _____
ABSTAIN: _____