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HomeMy WebLinkAboutMiscellaneous Notice 1999-07-03CITY OF OFEGO'V seniFdrreuo D EVELOP M ENT S ERW CES DEPARTMENT Notice of Decision - Limited Land Use - Site Plan Modification Zfr,225 FIFTH STREET SPRINGFIELD, OR 97477 (541) 726-3753 FAX(541) 726-3689 Date of Letter July 23, 1999 Journal Number 1999-03-0090 \C\ 3C,. Nature of Modifications Requested: The applicant is requesting approvalto make revisions to an approved site plan for child day care development on Goodwill property at 30hand Main Street, in Springfield. The applicant is proposing to move the building footprint and revise parking lot designs. Site Plan Modifications are permitted in accordance with SDC 31.100. A Type !l Site Plan Review process was required by the Director due to parking issues and the possible traffic impacts on 30s Street. Decision: Tentative Modification Approval, with conditions, as of the date of this letter. A fina! site plan and other documents are required prior to the issuance of a Development Agreement. Ihis is a limited land use decision made according to city code and state statute. Unless appealed, the decision is final. Please read this document carefully. Final Sife Plans must conform to the modifications approved. Other Uses That Mav Be Authorized Bv The Decision: None. Day care facilities that primarily serve employees are a permitted accessory use in the Light Medium lndustrial (LMl) Zone according to Section 20.020(4X5) of the Springfield Development Code (SDC). Uses permitted in the zone but not listed on the application require additional review and permits. Site lnformation: The development area involved in this application is the southeasterly 1 acre of the property zoned LM!, abutting the commercially zoned property under the same ownership. No new frontage on 30h Street will be improved as a result of the development request, the access point proposed is existing. 30h Street is a collector street improved with paving, curb, gutter street trees and street lights adjacent to the subject site. Vacant property zoned LMI abuts the property on the north, a factory on property zoned Heavy lndustrial abuts the site to the west, vacant property across 30h Street to the east is zoned Medium Density Residential. Written Gomments: Applications for Limited Land Use Decisions require the notification of property owners/occupants within 300 feet of the subject property allowing tor a 14 day comment period on the application. No letters were received. Goodwill lndustries Attn: Peter Cadigan 855 Seneca Eugene, OR 97402 IRU Group PO Box 11017 Eugene, OR 97440 1 AW 2 GoodwillDay Care Site ptan Modification PJ# 1999-03-0090 9riteria of Site Plan Aporoval: Section 31.060, Site Plan Review Standards, of the Springfield Development Code states: "The Director shall approve, or approve with conditions, a Type ll Site Plan (Modification) Application upon determining ihat criteria (1) through (a) of this section have been satisfied. tf conditions cannot reasonably be attached to satisfy the criteria, the Director shall deny the application., (1) COMPLIANCE WITH THE SUBMITTAL REQUTREMENTS OF SECTIONS 3.050 AND 31.050 OF THIS CODE. The site plan application was accepted as complete on June 8, 1999 and contained all information required to initiate Type ll Site plan Review procedures in accordance with Sections 3.050 & 31.0S0 oftne SDC. This decision is issued within the required 120 calendar day review period in accordance with Section 3.050 of the SDC. Finding of Fact 1: Criteria I has been met because the appticant has complied with all submittal requirements and the decision wasissued within the required 120 days. (2} PROPOSED ON.SITE AND OFF€ITE PUBLIC AND PRTVATE IMPROVEMENTS ARE SUFFICIENT TO ACCOMMODATE THE PROPOSED DEVELOPMENT AS SPEGIFIED IN ARTICLES 31, 32, THE APPROPRIATE ZONING AND/OR OVERLAY DISTRICT ARTICLE AND ANY APPLTCABLE REFINEMENT PLAN. Subcriteria 2a. Gonformance with Article 32 (public and private lmprovements) water and Electric service. The springfield Utility Board (suB) currenfly provides water and electrical service to the site. Sizing and location of facilities must meet the needs of the Springfield Utility Board and the long range needs of the City. water: sDG Section32.120 states: "Each deveropment shatt be provided with a water system having sufficiently sized mains and lesser lines to furnish adequate suppty to the development. " The 16'water main within the existing 7' public utility easement located on the west side of 30h Street must be extended to the north property line prior to the provision of water service. Laterat services may be extended to the revised building location as proposed. NorE: The water tines and sanitary lines are incorrecfly tabeled on the modified plans and must be revised. (see Approved rentative {ggg-09- 0211 tor correct identification) Backflow prevention devices are required, the location and screening proposed on the modified plans is acceptable to the city of springfield. The proposed building will also require water development fees for connections and metering. Bryan Brewster of the SUB Water Department, (726-2396) is the contact person for more SUB information. 3 GoodwillDay Care Site Plan Modification PJ# 1999-03-0090 Electric: SDC 32.120(2) states, "wherever possible, utility lines shall be placed underground." There is electrical service available to serve the site from overhead lines located along 30th street. All power will be extended underground on the subject site as proposed' Finding: The proposed plans for installation of water and electrical seruice comply with-tiestanaarAs in thte SDC for the provision of key urban services because water and electicatraiitities wilt be extended to the furthest boundary ofthedevelopmentareawithinpubticutilityeasements. Fire and Life safetv. The development is located adjacent to a 16 inch water main with sufficient flow to service'the development in accordance with SDC 32.120(3). ine fire and Life Safety Division has determined that the site development plans meet the provisions of the current Uniform Fire code for access. A Public works keyed lock is required at all perimeter fence gates' please contact Joe \Mcks, Fire and Life Safety a1726-2298 if you have further questions. FINDING: The Fire and Life safety Division has determined that the proposed srte design will meet the provisioni of the SDC and the UFC for safe development when PublicWorks keyed locks 9re yrovided for perim.eter gates' The fot6wing c;ondition of approvalis applied for fult compliance with the standards of this code: 1) public Works keyed locks will be provided for perimeter fence gafes prior to occuPancy of the site. Sanitarv Sewer. SDC 32.100 (t) states, "...sanitary sewers shall be installed to serve eactr new development and to connect the developments to new mains. lnstallation of sanitary sewers shall comply with the provisions of this code, the Standard Gonstruction Specifications, Chapter 2 of the City Code, and the Department of Environmental Quality regulations..." Sanitary sewer service is available to serve the subject site via an 8 inch main located on the east side of 30h Street. A stub exists from the main to the property. The connection can be constructed as proposed. No additional improvements are anticipated at this time. For more information contact Ken Vogeney of the Public Works Division (726-3666). NOTE: The modification plans mis-labelsanitary lines and must be corrected prior to final site plan approval. FINDING: An I inch sanitary sewer main and sfub exr.sf to serue the subiect site. The City Engineer finds that the pivate facilities proposed can be connected in accordance with the provisions of SDC 32.100. 4 Goodwill Day Care Site ptan Modification PJ# 1999-03{090 storm sewer. SDG secti on 32.1101tates, "The Approvat Authority shailgrant deveropmellaqproyar onry wnere aaeqr"iJlrorisions for storm andfloodwater run-off to t-he city storm water drainage system have beenmade as determined by ttre b:ty Engineer.,, --- ' storm water drainage facilities: The public drainage channel on the east sideof 30s street has sufrcje! capacity to ieceive tne siie Jrainage proposed. Thedrainage pipe and out fall structure required to connect tne site to the drainagechannel must be constructed as a pri*t"rv-"ngin-""rJ puoric improvementproject' Public implovement plans ior the aoin-"g" "nJ irt fall must be approvedprior to Finar site pran approvar anJ constructed-prior to any occupancy at thesite' The applicanfs prolect must be coordinated with and/or constructed prior tothe paving of 30s Streeinorth of the developme;i;;;;. Finding: The city Engineer finds that a pipe and out fail structure required tomove pre'treated storm water from the site to the sfi sireet drainage channelare pubtic improvements.. The forowing_csnaiion J ii.*t is appried for futtcompliance with the provisions of SDC-32.110: -rr) 2) The public portion of the stonn water system must be constructed as a publicimprovement project, coordinatea iin or'ron"iruiJa-iirto the comptetion ofthe adjacent street project. pubtic iiprovement prans must be approved by theCity Engineer prior to -Final Site ptan'approvat. sDc 32.{10(4) states: ,,A development shail be required to emproy drainagemanagement practices.a.nRrgvgd by the City Engineer ano consistent withMetro Plan poticies whicir minimizJthe am6unt-anJ iate of surface waterrun-off into receiving streams....drainag" ."n"gr;;;i practices may berequired in order to retieve demand on i1e city,; pip"Jdrainage system andto alleviate future costs of treating the piped di""iiirg"; to promote waterquality, to preserve groundwater ind the-vegetation ina riverc it supports,and to reduce peak storm flows...,' Storm water pre-treatment and reduction: The City Engineer has determinedthat the catch basins and bio-swales proposed for private storm water coltectionwill provide adequate pretreatment and reduction of storm water in accordance with sDC 32.110(4) if constructed and planted as proposed. The planting methods and surface pretreatment used for existing swales on the site have not been adequate to establish vegetation. Planting and watering must be started immediately and increased as needed to firmly establish vegetation in a1 swates on site prior to fall rains. FINDING: The city Engineer has determined that on site storm drainage improvements provide sufficient pre-treatment and reduction in accoriance with sDc 32.110(4). 5 GoodwitlDay Care Site Plan Modification PJ# 1999-03-0090 Subcriteria 2b) stree.mprovements:ThedeveropmentareaisnorthandwestoftheMain streeu30h street,"rirr".ol"..;o,iti;";i'i. "*t"na"d and imoroved to full city standards from Maii;il;ii; in" nortn tt-rno"rv ot the development area' The existing driveway ""n u" ur"d for day care access as proposed' (See Parking for more information') sDc 20.020 , permitted Uses: The proposed use.is the first development located on the LMI portion of the ap.pticant;s property. Restrictions must be applied to limit rr" -"nJ ir"nsfer of ihe O"V ."t" iacitities.Uecause the use is an accessory propor"J'in t-n" "ut"nce of a primary industrial use' AsrequiredduringthepreviousTentativeApproval(19.98-09-0211),adeed restriction tnat preciuOJt .orrercial ,." oi iransfei of the day care facility without a primary ,;;;;; in" '"'" LMiproperty is required' The required document shall be prepared by the applicant's attorney and shallguarantee that a primary industriaiuse will be approviJ, constructed and occupied on the same propertypriortotheuse,leaseortransferofthepropertyorbuildingtoanyone other than Goodwiiirno,irti6.. ftre oocument must be submitted for review by the city Attorney piioiio nfing with thsLane county office of Deeds and Records. The deed restriction ,"y "rpioy a sunslt clause that negates the document when an approved primary ,!"it constructed and occupied or the property has been i"I|n"O such thai the day care is a permitted primary use' F|ND|NG:Theapplicantisnotconstructingapermiftedprimaryuse.The following Condition of Approvat it ,piiii"to guarantee iuture comptiance with sDc 2o.02ou)@): 3) The applicant shall prepare a deed restiction for the property that guarantees a pimary industriat uie wiil be approved, constructed and occupied on the same site piorfo use, i,ri" o, transfei of the'propefty or building to anyone other than Goodwitt lndusties. Ihe docuient m'ust 6e submitted for review by the city Attomev prii, i iing with the Laie county office of Deeds and Records' The filed copy snait-Ote ritumed to the Crty prior to Finat Site Plan Approval' Setbacks and Heiqht Restri_ctigEs-: The submitted site plan appears to comply withthe,"tu""r@0.o5o(1&2)becausethestructureproposed is setback "pproiir"tely 50 feet from east or front property line wh9r9 th-e code requires 10 feet; parking areas proposed are setback approximately 12 feet from front property line ihere the code requires a minimum of 5 feet from pioperty line. 'There are no side or rear yard setbacks in the industrial zones wnen the subject site does not abut a residential district. No height restrictions apply. The final site plan shall be revised to label the dimensions of street improvements, PUEs, storm swales and setback of all structures, architectural extensions and parking areas. 6 9?-oqylLO"V Care Site ptan ModificationPJ# 1999-03{090 Landscapino:.The randscape pran submitted meets the pranting standards ofsDc 3i.i40 for tvpe "no nrinoe-r or prrntin;; i;;;d;ng and front setbackareas. Vegetative screens are approved as-prop;r;: Finar tandscape ptansmust be submitted and sha, not b! modified after approvar without writtenpermission from the Director. screenins' The site plan submitted proposes a 6'tall chain tink fence to encloseoutdoor pray areas. Landscape urn"* il;;";;"ito ,.r""n the pray areas X."#,15.'H::lJfl :'r,[lT..,Xfl :li juf #,",'"'ih"r"n.i,;il:;;;enins Parkinq' sDC sections 20.070 and 1g.070 indicate that the break down ofparking required by code is: o 6000 square feet ofgross floor area (gfa) @ one space per 300 squarefeet = 20 spaces required for the proi-or"o:rtirJtrr". (one handicappedaccessibre space is required when r"!, tn". iiip"*, are provided.) ]r"*iJ:ant proposes seven new vehicre parking spaces, one of which is ADA The appricant has submitted a parking-needs anarysis prepared by a registeredengineer (McKenney: May 199b) roi ieview by th;city;f springfierd. The reportanalyzed the use patterns at ttre'aljacent retiilstore ano use patterns at two daycare facilities similar to the ptopo."Jrse. The "ngiilrl analysis indicates that:tr l1?[::1"11J: n': 73 available parkins spaces, the maximum number or vehic,es,,n",f="1J,?l,ilJliifl ly!,{:[]:::,f [*fli*'ffi:,i:r;;,35 spaces are generattyavaitaoie, a targe portion oiftr" surplus is direcflyadjacent to the proposed use;o the proposed day care facirities can be expected to generate a needfor 12 vehicre spaces during brierand varying peak periods, based onuse patterns at two comparible sites;o After proposed site deveiopments, go vehicte parking spaces wi, beavailable for use by both facilities. city of springfield transportation engineers have reviewed the report and concurwith the conclusions reached. FINDING: rn accordance with sDC 3r. 170(1)(d)1., the Director authoizes areduction in the parkip lfaces requirea nv iiii ioae oicause 1) site specificand comparable site traffic counts'indicate that tni p"ii-p'arxing demand at thesite during normar operations is approximatery 5,5 {piiiilra8o spaces areavailable, 2) the 5 spaces necessary to suppiemeni tne 7 spaces provided at theday care for peak demand are immediatety adiacent ti tni aay care facility andconnected by a designated ADA accessrb/e iattcway, ini q tn" anarysis wasprepared for the site by a registered engineercpeciiiring in traffic design. 7 Goodwill Day Care Site Plan Modilication PJ# 199943-0090 Subcriteria 2c) Proposed on-site and off-site public and private improvements are sufficient to accommodate the prooosed devetooment as specified in the Mid€prinofield Refinement Plan (MSRP): The area involved in this application is west of 30h Street and north of Main Street, within the MSRP boundary. The MSRP has a stated goa! of maximizing industrial development in the area and policies of improving and extending 30h Street from Main to lndustrialAvenue to reach that goal (lndustrial Element pg. 8, Policy 9.). The proposed site improvements take access from an existing driveway along an improved section of 30h Street, therefore no additional street improvements are required along the frontage of the site. City and ODOT staff also reviewed the development and found that traffic generated by the cunent proposal did not warrant additional improvements to adjacent intersections or the extension of 30h Street to lndustrial Avenue at this time. However, in the future the City of Springfield and ODOT transportation personnelwill require any proposed development that is served by 30h Street and is expected to generate 250 daily trips to prepare a Traffic lmpact Study focusing on impacts to the adjacent intersection(s). Required mitigation techniques will likely include further improvements to the state highway and/or the extension and connection of 30h Street to the public street network. FINDING: The 3dh Sfreef frontage of the development site has been improved to City standards, no additional improvements are required to meet the policies and goals of the MSRP for lndustrial Development. 3. TNVENTORTED NATURAL (TNCLUDING REGUI-ATED WETI-ANDS) AND HISTORIC FEATURES OF THE SITE HAVE BEEN ADEQUATELY CONSIDERED IN THE PROJECT DESIGN. The site is defined as Tax Lot 700 on Lane County Assessol's Map 17-02-31. A review of the City of Springfield Loca! Wetlands !nventory and the National Wetlands lnventory indicates that there are regulated wetlands located on the subject property, but not on the cunent development area. Staff finds that the cunent proposa! will not affect regulated wetlands because: a) the wetlands are located north of the development boundary, and b) the drainage and grading plans have been conditioned to pre-treat and connect all storm water run off from the proposed development area to existing public facilities Iocated east of 30h Street. NOTE: A Joint ACOE/ODSL fi!! permit and mitigation plan exists for wetlands located on property now owned by the applicant. The plan was approved by the Division of State Lands/Army Corps of Engineers in 1993 (COE#93-227, ODSL #FP-73443, Springwood, lnc., applicant). The ACOE/DSL fill permit and mitigation plan will not be considered valid for the regulated wetlands on the applicant's property because: 8 Goodwill Day Care Site Ptan Modification PJ# 1999-03-0090 tr No permit exists in the applicant's name. The existing permit was issued to a previous owner of the subject site.o The permit was contingent upon the development of a constructed wetland area along the north property line of property retained by the Springwood corporation. To date, the mitigation area has not been constructed, no approved development plans exist for the Springwood property.tr The current applicant cannot fill and construct in the wetland area on the premise that a mitigation area will be constructed by others on property owned by others. No other natural resources have been identified on the site. There are no inventoried historic features or archeological sites located on the development site. lf any artifacts are encountered during construction, there are state laws that could appty, ORS gl.74O, ORS 358.905, ORS 390.235. lf human remains are discovered during construction it is a Class 'C'felony to proceed under ORS 97.740. FINDING: This criterion is met because the aforementioned resources were consulted and no natural or histoic resources have been identified on the cunent development area. (4) PARKING AREAS AND INGRESS.EGRESS POINTS HAVE BEEN DESIGNED SO AS TO FAGILITATE TRAFFIC AND PEDESTRIAN SAFETY, TO AVOID CONGESTION AND TO MINTMIZE CURB CUTS ON ARTERIAL OR COLLECTOR STREETS AS SPECIFIED IN ARTICLES 31,32, THE APPROPRIATE ZONING AND/OR ZONING OVERLAY DISTRICT ARTTCLE AND ANY APPLICABLE REFINEMENT PLAN. lnqress and Esress Points. The site plan submitted utirizes an existing driveway, reducing the number of vehicular access points on a collector street. lnternal access is provided to the proposed structure and the overall site for Fire and Life Service vehicles. Parkinq Areas. The parking modifications proposed utilize shared parking areas and provide designated pedestrian connections. Landscaping will be placed to maintain vision clearance areas. Bicycle parking and dumpster enclosures have been located to provide unobstructed pedestrian access to the site. Pedestrian Gonnections: As submitted, the current design lacks sufficient pedestrian connections from the building and fenced play area to public right of way to provide safe and efficient movement of foot traffic, as required by State of Oregon Administrative Rules. LCDC's Transportation Planning Rule 12, (OAR 660-12-0045(3)(b)), states, 'On-site facilities shall be provided which accommodate safe and convenient pedestrian and bicycle access from within new developments... to residential areas, transit stops and to neighborhood activity centers...' 9 Goodwill Day Care Site Plan Modification PJ# 1999-03-0090 To provide a more safe and reasonably direct connection from the building and play area to public sidewalk, transit stops and the rest of the Goodwill complex, the Final Site Plan must be revised to provide a sidewalk from the south side entrances and the play area to the sidewalk in front of the building. A Public Woks keyed lock and gate shall be provided in the fence at the south east corner of the building. FINDING: The submitted plans do not fully comply with OAR 660-12-0045 because a secondary sidewalk has not been provided to connect the south play area to the pedestrian network. The following modification to the site plan shall be conditions of final approval in accordance with SDC 31.070(3): 4) The Final Site Plan must be revised to provide a sidewalkfrom the south srde entrances and the play area to the sidewalk in front of the building. A Public Woks keyed lock and gate shall be provided in the fence at the south east corner of the building. Finding: Staff finds the site plan, as conditioned, provides paffing and access points to facilitate traffic and pedestian safety, minimize curb cuts and reduce congestion in accordance with the provisions of SDC Articles 20, 31, 32 and the MSRP. What Needs To Be Done By The Applicant To Obtain Final Site Plan Aporoval? Three copies of a Fina! Site Plan and any additional required plans, documents or information are required to be submitted to the Planning Division within 90 days of the date of this letter showing substantial conformity with the Tentative Site Plan and compliance with SDC Article 31 Criteria of Approval 1-4, as conditioned: 1) Public Works keyed locks will be provided for perimeter fence gafes prior to occupancy of the site. 2) The public portion of the storm water sysfem must be constructed as a public improvement project, coordinated with or constructed priorto the completion of the adjacent street project. Public improvement plans must be approved by the City Engineer pior to Final Site Plan approval. 3) The applicant shall prepare a deed restriction for the property that guarantees a primary industrial use will be approved, constructed and occupied on the same site pior fo use, /ease or transfer of the propefty or building to anyone other than Goodwill lndustries. The document must be submifted for review by the City Aftomey prior to filing with the Lane County Office of Deeds and Records. The filed copy shall be retumed to the City piorto Final Site Plan Apprcval. 4) The Final Site Plan must be revised to provide a sidewalk from the soufh stde entrances and the play area to the sidewalk in front of the building. A Public Woks keyed lock and gate shall be provided in the fence at the soufh east corner of the building. l0 GoodwillDay Care Site Plan Modification PJ# 1999-03-0090 DEVELOPMENT AGREEMENT: ln order to complete the review process, 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. The 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. sIGNS: signs are regulated by the springfield city code Article 9, chapter 7. The number and placement of signs must be coordinated with the Community Services Division. The locations of signs on a site plan do not constitute approval from the Community Services Division. A separate sign permit is required. Lisa Hopper (126- 3790) is the contact person. THE APPLICANT MAY SUBMIT CONSTRUCTION OR BUILDING PLANS TO OTHER CITY DEPARTMENTS FOR REVIEW PRIOR TO FINAL SITE PLAN APPROVAL IN ACCORDANCE WTH SDC 31.080 AT THEIR OWN RISK. ALL CONCURRENT SUBMITTALS ARE SUBJECT TO REVISION FOR COMPLIANCE WITH THE FINAL SITE PI.AN. A DEVELOPMENT AGREEMENT IN ACCORDANCE WTH SDC 31.090 WLL NOT BE ISSUED UNTIL ALL PLANS SUBMITTED BY THE APPLICANT HAVE BEEN REVISED. CONFLICTING PLANS CAUSE DEI.AYS. Additional lnformation: The application, alldocuments, and evidence relied upon by the applicant, and the applicable criteria of approval are available for free inspection and copies are available at a cost of $0.75 for the first page and $0.25 for each additionat page at the Development Services Department,22S Fifth Street, Springfield, Oregon. Appeal: lf you wish to appeal this Type tl Limited Land Use Site Plan Review Approval decision, you must do so within 10 davs of the date of this letter. Your appeal must be in accordance with SDC, Article {5, Appeals. Appeals must be submitted on a City form with a fee of $250.00. The fee will be returned to the applicant if the Planning Commission approves the appeal application. Questions: Please call Jim Donovan in the Planning Division of the Development Services Department at (541) 726-3660 if you have any questions regarding this process.