HomeMy WebLinkAbout2014 06 17 AIS SUB Willamatte HeightsAGENDA ITEM SUMMARY Meeting Date: June 3, 2014
Meeting Type: Regular Meeting
Staff Contact/Dept.: Andy Limbird/DPW Staff Phone No: 726-3784
S P R I N G F I E L D
PLANNING COMMISSION
Estimated Time: 20 Minutes
ITEM TITLE: REQUEST FOR DISCRETIONARY USE APPROVAL – STEVEN WAGES, SPRINGFIELD UTILITY BOARD, APPLICANT
ACTION
REQUESTED:
Planning Commission approval of a Discretionary Use request (TYP314-00003).
ISSUE
STATEMENT:
The Planning Commission is requested to conduct a public hearing and decide
whether or not to approve a Discretionary Use request for a high impact public utility facility in the Willamette Heights neighborhood just south of downtown
Springfield. The site is fenced and has an existing 2 million gallon water reservoir
tank, two abandoned concrete reservoir pits, a pump station, radio antenna, and gravel driveway. Removal of the concrete reservoir pits, installation of a new pump
station and water pipeline, and site preparation for a new 3 million gallon water
reservoir tank is requested. In accordance with SDC 3.2-210 and 4.7-160, high impact public utility facilities not designated on the Metro Plan’s Public Facilities
and Services Plan require Discretionary Use approval.
ATTACHMENTS: Attachment 1: Staff Report and Findings for Discretionary Use Attachment 2: Applicant’s Discretionary Use Request
Attachment 3: PC Final Order
DISCUSSION:
The applicant is requesting the Discretionary Use for an existing water utility
installation off South 5th Street and Central Boulevard. The site is comprised of
three contiguous tax lots and is not currently assigned a municipal address (Map 17-03-35-34, Tax Lot 7100; Map 18-03-02-12, Tax Lot 301; and Map 18-03-02-21,
Tax Lot 100). The portion of the site subject to the development proposal is zoned
Low Density Residential (LDR) in accordance with the Springfield Zoning Map and is designated LDR in accordance with the adopted Metro Plan diagram. In
conjunction with the Discretionary Use request the applicant is proposing to remove
two concrete reservoir pits, relocate the site access driveway, construct a new water pipeline and pump station, and prepare the site for a future 3 million gallon steel
reservoir tank. The proposed utility installation work is detailed in a Site Plan Review application submitted for review under separate cover (Case TYP214-00007), contingent upon approval of the subject Discretionary Use request.
Staff concludes that this request, as determined in the findings of fact in the
attached staff report complies with the Discretionary Use criteria of approval listed
in SDC 5.9-120. Such findings, determinations and recommendations are provided to the Planning Commission in support of a decision to approve this Discretionary
Use application.
Staff Report and Findings
Springfield Planning Commission Discretionary Use Request (Springfield Utility Board) Hearing Date: June 3, 2014
Case Number: TYP314-00003 Applicant: Steven Wages, Springfield Utility Board
Site: Not Municipally Addressed – Adjacent to South 5th Street and Central Boulevard (Map
17-03-35-34, Tax Lot 7100; Map 18-03-02-12, Tax Lot 301; and Map 18-03-02-21, Tax Lot 100)
Request The application was submitted on May 9, 2014 and the public hearing on the matter of the
Discretionary Use request is scheduled for June 3, 2014. The City conducted a Development Review
Committee meeting on the Discretionary Use request on May 27, 2014. Site Information/Background The property that is subject of the Discretionary Use request is located on a hillside just south of
downtown Springfield in the Willamette Heights neighborhood. The total site area is approximately
7.4 acres and includes an existing water reservoir tank, two abandoned concrete reservoir pits, gravel driveway, pump station, and a City radio antenna. The facility has frontage on Central Boulevard,
which is a local street under Lane County jurisdiction. The applicant has submitted a Site Plan Review
application under separate cover (Case TYP214-00007) for a new pump station and pipeline, relocated
access driveway, removal of the abandoned reservoir pits, and site preparation for a future water
reservoir tank.
Notification and Written Comments Notification of the June 3, 2014 public hearing was sent to all property owners and residents within 300
feet of the site on May 12, 2014. Notification was also published in the legal notices section of The Register Guard on May 21, 2014.
Public notification was also sent to all property owners and residents within 300 feet of the site on May
12, 2014 for the companion Site Plan Review application submitted under separate cover (Case TYP214-
00007).
Criteria of Approval Section 5.9-100 of the SDC contains the criteria of approval for the decision maker to utilize during
review of Discretionary Use requests. The Criteria of Discretionary Use approval are:
SDC 5.9-120 CRITERIA
A. The proposed use conforms with applicable:
1. Provisions of the Metro Plan;
2. Refinement plans;
Attachment 1, Page 1 of 11
Photo 1 – Site Air Photo
Photo 2 – Site View #1
SITE S 6th Street S 5th Street Park Street S 4th Street Booth Kelly Site
Existing Reservoir Tank to Remain
Attachment 1, Page 2 of 11
Photo 3 – Site View #2
Photo 4 – South 5th Street / Central Boulevard Leading Up To Site
A Street
B Street
One of Two Concrete Reservoir
Pits to be Removed
Attachment 1, Page 3 of 11
3. Plan District standards; 4. Conceptual Development Plans or
5. Specific Development Standards in this Code;
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); 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;
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
4. Adequate public facilities and services are available, including but not limited to, utilities, streets, storm drainage facilities, sanitary sewer and other public infrastructure. C. Any adverse effects of the proposed use on adjacent properties and on the public can be mitigated
through the:
1. Application of other Code standards (including, but not limited to: buffering from less intensive uses and increased setbacks);
2. Site Plan Review approval conditions, where applicable;
3. Other approval conditions that may be required by the Approval Authority; and/or 4. A proposal by the applicant that meets or exceeds the cited Code standards and/or approval
conditions.
D. Applicable Discretionary Use criteria in other Sections of this Code: 1. Wireless telecommunications systems facilities requiring Discretionary Use approval are
exempt from Subsections A-C above, but shall comply with the approval criteria specified in
Section 4.3-145. 2. Alternative design standards for multifamily development are exempt from Subsections A – C above, but shall comply with the approval criteria specified in Section 3.2-245
3. Fences requiring Discretionary Use approval are exempt from Subsections A – C above, but shall comply with the approval criteria specified in Section 4.4-115.C.
Attachment 1, Page 4 of 11
4. The siting of public elementary, middle and high schools requiring Discretionary Use approval is exempt from Subsections A – C above, but shall comply with the approval criteria specified in Section 4.7-195. Proposed Findings In Support of Discretionary Use Approval
Criterion: Discretionary Use criteria of approval: A. The proposed use conforms with applicable;
1. Provisions of the Metro Plan;
Finding: The subject property is currently zoned Low Density Residential (LDR) in
accordance with the Springfield Zoning Map. The southern two-thirds of the site
(approximately) is designated LDR in accordance with the adopted Metro Plan diagram.
The applicant is not proposing to change the current zoning or designation for the subject
site.
Conclusion: The request meets this criterion.
2. Refinement plans;
Finding: The northern one-third (approximately) of the subject property extends into the
boundary of the Downtown Refinement Plan area. This portion of the site is designated
Booth Kelly Mixed Use (BKMU) District.
Finding: Staff notes there are no specific policies of the adopted Downtown Refinement Plan that would either facilitate or preclude the proposed utility facility. The adopted
Refinement Plan contemplates a “future overlook” outside the eastern boundary of the
subject site (Amenity #16, Map #8). However, it is not expected that public access to the
“future overlook” would be via the subject site, so there is no requirement for the applicant
to incorporate this conceptual amenity feature into the site plan.
Finding: Staff observes that the southern boundary of the Downtown Refinement Plan
seems to be somewhat arbitrary and does not appear to follow existing geographical or legal
boundaries. Additionally, the subject property is not functionally or logically connected to
the Booth Kelly facility and the majority of the proposed site work is outside the adopted Refinement Plan area. Therefore, it is the determination of staff that the Metro Plan diagram remains the prevailing land use plan diagram for this site.
Conclusion: The request meets this criterion.
3. Plan District standards; Finding: The northern portion of the site that lies within the Downtown Refinement Plan
boundary is currently zoned LDR and designated Booth Kelly Mixed Use (BKMU)
District. In accordance with SDC 3.2-210 and 3.4-320, high impact utility facilities are a listed use in both Districts.
Attachment 1, Page 5 of 11
Finding: For high impact utility facilities in the LDR District that are not shown on the
adopted Public Facilities and Services Plan, a Discretionary Use permit is also required.
Finding: To address the land use approval requirements for a high impact public utility
facility in the LDR District, the applicant has submitted for Discretionary Use approval. A
Type II Site Plan Review application also has been submitted under separate cover
(TYP214-00007), and is subject to review and approval as a Director’s Decision pending the determination of this Discretionary Use permit.
Conclusion: The request meets this criterion.
4. Conceptual Development Plans or Finding: There is no specific Conceptual Development Plan for this area of Springfield.
Therefore, the Metro Plan diagram remains the prevailing land use plan diagram for this
site.
Conclusion: This criterion is not applicable. 5. Specific Development Standards in this Code;
Finding: Should the Planning Commission approve this Discretionary Use request, the applicant will need to obtain approval for the Site Plan Review submitted under separate
cover (Case TYP214-00007). Staff advises that specific development standards for the
Low Density Residential District (SDC 3.2-215) and High Impact Public Facilities (SDC
4.7-160) need to be addressed through the Site Plan Review approval.
Conclusion: The proposal meets this criterion. 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: The property requested for Discretionary Use approval is three contiguous tax lots
that comprise approximately 7.4 acres in total site area. The site contains an existing 2 million gallon steel water tank, pump house, radio antenna, and two abandoned concrete
reservoir pits. The abandoned reservoir pits are proposed to be removed to make way for a
future 3 million gallon water tank. The size of the property, available area for installing and
relocating facility improvements, and its location adjacent to a developed urban street
system and utility network should adequately accommodate the proposed use.
Finding: The property requested for Discretionary Use approval is zoned LDR, and is
designated a combination of BKMU (northern one-third) and LDR (southern two-thirds).
The site is elevated above the surrounding neighborhood to aid in provision of gravity flow
potable water to the City’s public utility system.
Attachment 1, Page 6 of 11
Finding: Staff conducted a site visit to the existing facility on January 6, 2014. Staff
observes that the existing utility facility sits near the crest of the hill immediately south of downtown Springfield. The existing reservoir tank is visible from certain vantage points below the hill but is largely screened from view by mature tree cover. The applicant is
proposing to remove a large number of mature trees from the site, so replanting and
provision for screening from nearby residential land uses will be necessary.
Finding: Constructing and operating a major water utility installation on the site is not
expected to create a prolonged, significant adverse impact to the neighborhood, such as
glare, dust, noise, emissions or vibrations. It is expected there would be daytime noise and
activity during construction of the facility. Construction activities will need to be scheduled
in accordance with City codes and permits that are required for the project.
Finding: The site is designed and intended to operate independently, without the need for
continuous on-site operation and monitoring. Once construction is completed, it is
expected that traffic to and from the site will be minimal and infrequent. The site is
proposed to have an operating pump station with security light that is shielded and downcast to prevent light glare and trespass. Site access, lighting, screening, and other
design considerations will be reviewed in conjunction with the Site Plan Review submitted
under separate cover (Case TYP214-00007).
Conclusion: As described herein and in the Site Plan Review submitted for approval under separate cover (Case TYP214-00007) the proposal meets this criterion.
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: The site has frontage on Central Boulevard, which is classified as an urban local
road under Lane County jurisdiction. The street is developed as a gravel lane south of its
intersection with South 5th Street. The street provides access to the site for ongoing
maintenance and operation of the facility. Staff observes that safe and efficient access to and from the site during construction and operation may require the road to be stabilized and
regraded to accommodate heavy equipment and vehicles. The applicant may need to obtain
a Lane County Facilities Permit for use of the public street to access the site, and for
installation of a new driveway serving the property.
Finding: The site is somewhat removed from the downtown street network. However,
regular and frequent Lane Transit District bus service is available at the Springfield Transit
Station, approximately one-half mile (linear walking distance) north of the proposed
development site.
Conclusion: The proposal meets this criterion.
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
Attachment 1, Page 7 of 11
Finding: There are no wetlands, riparian areas or other natural features on the site that
warrant protection. Staff observes that mature coniferous and deciduous trees are located within the operational areas of the site and on the hillside to the north, which is proposed for a waterline alignment. The applicant has submitted a Hillside Development Overlay District
Permit and Tree Felling Permit under separate cover (Cases TYP214-00008 and TYP214-
00009) for removal of qualifying site and hillside trees prior to site development.
Construction of the proposed project is contingent upon approval of the subject Discretionary Use request along with approval of the Site Plan Review submittal (TYP214-00007) and accompanying Hillside Development Overlay District and Tree Felling permits.
Conclusion: As described herein and in the Site Plan Review, Hillside Development
Overlay District and Tree Felling Permits submitted under separate cover (Cases TYP214-0007, TYP214-00008 and TYP214-00009) the proposal meets this criterion.
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: The site is inside the Springfield City limits but not all urban utilities are available
along the site frontage or nearby. The site functions as a utility installation and provider of
potable water to the City’s public utility system. There are no continuously occupied
buildings located on the site, and there are no existing or proposed connections to the sanitary sewer system. Therefore, electricity is the only external utility service required for the site. The applicant is proposing to manage the stormwater runoff on the site and to direct excess
drainage to the vegetated hillside on the east edge of the site.
Finding: The property has frontage on an undeveloped public street. However, staff finds that additional street improvements are not warranted or required to serve the proposed utility
facility at this time.
Conclusion: As described herein and in the Site Plan Review submitted under separate
cover (Case TYP214-00007) the proposal meets this criterion.
C. Any adverse effects of the proposed use on adjacent properties and on the public can be mitigated through the:
1. Application of other Code standards (including, but not limited to: buffering from less intensive uses and increased setbacks); Finding: The site has an existing perimeter fence and has mature tree cover surrounding the
facility. In accordance with SDC 4.7-160, the facility will need to be screened and
appropriately landscaped.
Finding: The proposed development will need to meet the requirements of SDC 3.2-200
for setbacks affecting placement of buildings and structures; overall lot coverage; access
and site circulation; site lighting; and stormwater management.
Conclusion: As described herein and in the Site Plan Review submitted under separate
cover (Case TYP214-00007) the proposal meets this criterion.
Attachment 1, Page 8 of 11
2. Site Plan Review approval conditions, where applicable;
Finding: The applicant will be required to satisfy the conditions of approval for this
Discretionary Use Request, if any, and the Site Plan Review submitted under separate cover
(Case TYP214-00007) prior to obtaining Final Site Plan approval and building permits for
this project.
Finding: The Site Plan Review application and decision (Case TYP214-00007) is hereby
made a part of the record for this decision by reference.
Conclusion: As described herein and in the Site Plan Review submitted under separate
cover (Case TYP214-00007) the proposal meets this criterion. 3. Other approval conditions that may be required by the Approval Authority; and/or
Finding: Staff is not recommending any conditions of Discretionary Use approval.
Recommended conditions as may be required to address specific site development issues such as landscaping, screening, and site access will be described in the Site Plan Review approval (Case TYP214-00007).
Finding: Based on the testimony submitted at the public hearing, the Planning Commission
may decide to approve, approve with conditions, or deny the Discretionary Use request.
Conclusion: As described herein and in the Site Plan Review submitted under separate
cover (Case TYP214-00007) the proposal meets this criterion.
4. A proposal by the applicant that meets or exceeds the cited Code standards and/or approval conditions.
Finding: The applicant is not requesting concurrent approval of the Site Plan submitted for
the proposed utility facility (Case TYP214-00007). Additionally, the applicant is not
requesting alternate design criteria or proposing to exceed cited Code standards for this facility.
Conclusion: As described herein and in the Site Plan Review approval submitted under
separate cover (Case TYP214-00007) the proposal meets this criterion.
D. Applicable Discretionary Use criteria in other Sections of this Code:
1. Wireless telecommunications systems facilities requiring Discretionary Use approval
are exempt from Subsections A-C above, but shall comply with the approval criteria
specified in Section 4.3-145. 2. Alternative design standards for multifamily development are exempt from Subsections A – C above, but shall comply with the approval criteria specified in
Section 3.2-245.
3. Fences requiring Discretionary Use approval are exempt from Subsections A – C above, but shall comply with the approval criteria specified in Section 4.4-115.C.
Attachment 1, Page 9 of 11
4. The siting of public elementary, middle and high schools requiring Discretionary Use
approval is exempt from Subsections A – C above, but shall comply with the approval criteria specified in Section 4.7-195. Finding: The proposed utility facility is not a wireless telecommunications facility.
Therefore, Criterion D.1 is not applicable.
Finding: The applicant is not proposing a multi-family development. Therefore, Criterion
D.2 is not applicable.
Finding: The applicant is not proposing a new or modified fence that exceeds the standard
provisions of SDC 4.4-115. Therefore, Criterion D.3 is not applicable.
Finding: The proposed facility is not a school and does not require special siting approval.
Therefore, Criterion D.4 is not applicable.
Conclusion: The proposal meets this criterion. Conclusion: Staff has reviewed the application and supporting evidence submitted by the applicant
for the Discretionary Use request. Based on the above-listed criteria, staff recommends support for the
request as the proposal meets the stated criteria for Discretionary Use approval. Additionally, approval
of the Discretionary Use would facilitate the approval of the accompanying Site Plan Review application for a utility facility (Case TYP214-00007).
Conditions of Approval
SDC Section 5.9-125 allows for the Approval Authority to attach conditions of approval to a
Discretionary Use request to ensure the application fully meets the criteria of approval. The specific language from the code section is cited below:
5.9-125 CONDITIONS
The Approval Authority may attach conditions as may be reasonably necessary in order to allow the Discretionary Use approval to be granted.
Staff has reviewed the Discretionary Use request and supporting information provided by the
applicant, and it is the opinion of staff that conditions of approval are not warranted. The utility
facility has existed and operated for decades, and the proposal effectively constitutes an operational upgrade and site modernization to meet projected water system demand. The proposed development has been reviewed and recommended conditions of approval are to be described in the Site Plan
Review application for this development submitted under separate cover (Case TYP214-00007).
The Planning Commission may choose to apply conditions of approval as necessary to comply with the Discretionary Use criteria.
Additional Approvals
The subject Discretionary Use request is the necessary first step for the applicant to proceed with
development plans for the site. The three companion land use applications submitted for approval, including Site Plan Review (Case TYP214-00007), Hillside Development Overlay District (TYP214-
Attachment 1, Page 10 of 11
00008), and Tree Felling Permit (TYP214-00009) are intended to address the specific Development
Code and detailed site planning requirements for the proposed utility facility.
Attachment 1, Page 11 of 11
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BEFORE THE PLANNING COMMISSION
OF THE CITY OF SPRINGFIELD, OREGON
REQUEST FOR DISCRETIONARY USE + CASE NO. TYP314-00003 + FINDINGS, CONCLUSIONS,
+ AND ORDER NATURE OF THE APPLICATION
The applicant submitted a Discretionary Use request for a high impact public utility facility on a
non-addressed site that is south of South 5th Street at Central Boulevard (Assessor’s Map 17-03-35-34, Tax Lot 7100; Map 18-03-02-12, Tax Lot 301; and Map 18-03-02-21, Tax Lot 100).
The site is within the Low Density Residential (LDR) District and the Springfield Development
Code Sections 3.2-210 and 4.7-160 list high impact utility facilities as a Discretionary Use in the LDR District. The Discretionary Use request requires action by the Planning Commission
before successive land use actions can be approved for the site.
1. On May 9, 2014 the following application for a Discretionary Use was accepted:
Allow for a high impact public utility facility in the Low Density Residential District, Case
Number TYP314-00003, Steve Wages, Springfield Utility Board, applicant.
2. The application was submitted in accordance with Section 5.4-105 of the Springfield Development Code. Timely and sufficient notice of the public hearing, pursuant to Section 5.2-115 of the Springfield Development Code, has been provided.
3. On June 3, 2014 a public hearing on the Discretionary Use request was held. The
Development and Public Works Department staff notes including criteria of approval,
findings and recommendations, together with the testimony and submittals of the persons testifying at that hearing have been considered and are part of the record of this
proceeding.
CONCLUSION
On the basis of this record, the requested Discretionary Use application is consistent with the criteria of Section 5.9-120 of the Springfield Development Code. This general finding is
supported by the specific findings of fact and conclusions in the attached staff report (Exhibit A)
attached hereto. ORDER It is ORDERED by the Planning Commission of Springfield that Case Number TYP314-00003,
Discretionary Use Request, be approved. This ORDER was presented to and approved by the Planning Commission on June 3, 2014.
_______________________________
Planning Commission Chairperson
ATTEST
AYES:
NOES: ABSENT:
ABSTAIN:
Attachment 3, Page 1 of 1