HomeMy WebLinkAboutDecision Planner 10/5/2020AFFIDAVIT OF SERVICE
STATE OF OREGON )
) ss.
County of Lane )
l, Shannon Morris, being first duly sworn, do hereby depose and say as follows:
'1. I state that I am an Administrative Specialist for the Planning Division
of the Development and Public Works Department, City of Springfield,
Oregon.
2. I state that in my capacity as inistrative Special ist, I prepared and
caused to be mailed co pies of
(See attachment "A") on 2020
addressed to (see tAttachment "B"), by causing said letters to be
placed in a U.S. mait box with postage fully prepaid thereon.
Shannon Morris
STATE OF OREGON, County of Lane
{f
2020, Persona!!y appeared the above named Shannon
Morris, Administrative Specialist, who acknowledged the foregoing instrument
to be their voluntary act. Before me:
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WPE II TENTATIVE PARTITION STAFF REPORT & DECISION
Proiect Name: Burger King 2-Parcel Partition
Projea Proposat: Partition one existing tract into two
(2) parcels
Case Number: 811-2G00OL49-T[P2
Project Location:
1511 18d'street, Springfield, oR
Map 17-03-25-31, TL O77OL
Zoning: Major Retail Commercial (MRC)
Comprehensive Plan Designation: Major Retail
Commercial (Metro Plan)
Pre-Submittal Meeting Date: July 28,2O2O
Application Submitted Date: August L4, 2O2O
Decision lssued Date: October 5, 2020
Recommendation: Approved with Conditions
Appeal Deadline Date: October 27,2O2O
Natural Features: N/A
Density: N/A
Associated Applications: 811-2G000132-PRE (Pre-Submittal)
CITY OF SPRINGFIEID DEVELOPMENT REVIEW TEAM
APPLICANT'S DEVE LOPMENT REVI EW TEAM
DECISION: The standards of the Springfield Development Code (SDC) applicable to each criterion of Partition
Approval are listed herein and are satisfied by the submitted plans and notes unless specifically noted with
findingsandconditionsnecessaryforcompliance. PUBLIC AND PRIVATE IMPROVEMENTS, AS WELL AS THE
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811-2G000149-TYP2
Proposed
Parce!
POSITION REVIEWOF NAME PHONE
Project Manager Planning Drew Larson 541-735-1003
Transportation Planning Transportation MichaelLiebler 541-736-1034
Public Works Engineer Utilities Clayton McEachern 541-73G1035
Deputy Fire Marshal Fire and Life Safety Eric Phillips-Meadow 541-736-1036
Building Official Building Chris Carpenter 54t-7M-7L35
Applicant Surveyor Propefi Ourner
Jim McLaughlin PLS
Jim McLaughlin PIS
2600 19bh Street
Springfield, OR97477
Ryan Erickson PLS
EGR & Associates, lnc.
25358 Prairie Road
Eugene, OR97402
Amy McKay Romero
McKay Commercial Properties, LLC
76 Centennial Loop STE D
Eugene, OR 97401
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TYPE II TENTATIVE PARTTTION STAFF REPORT & DECISION
FINAL PLAT' MUsT CoNFORM To THE SUBMITTED Pl-ANs AS coNDlTloNED HEREIN. This is a timited tand usedecision made according to city code and state statutes. Unless appealed, the decision is finat. please read thisdocument carefully.
orHER usEs AUTHORIZED BY THE DEclsloN: None. Future development will be in accordance with theprovisions of the sDC, filed easements and agreements, and all applicable local, state and federal regulations.
REVIEW PRoCESS: This application is reviewed under Type ll procedures listed in sDC 5.1-130 and the tentativeplan criteria of approval, sDc 5.12-125. This application was accepted as complete on August L4, 202o. Thisdecision is issued on the 49th day of the 120 days mandated by the state.
slrE INFoRMATIoN: The subject property is located at 1G11 18th street and north of olympic street. Theproperty is zoned Major Retail commercial that permits a mix of commercial uses. The site is currently
developed with a mix of commercial uses including eating and drinking, retail, and recreational services.
PRoJEcr PRoPoSAL: The applicant has submitted plans for a two parcel partition in order to separate the
existing Burger King building from the larger site. The applicant has proposed cross access and necessary utility
easements. The main access to the proposed parcel is from 1gfr and olympic Streets.
PRoCEDURAI FINDING: Applications for Limited Land Use Decisions require the notification of property
owners/occupants within 300 feet of the subject property allowing for a 14-day comment period on the
application (SDC 5.1-130 and 5.2-115). The applicant and parties submitting written comments during the
notice period have appeal rights and are mailed a copy of this decision for consideration.
PROCEDURAL FINDING: ln accordance with SDC 5.1-t3O and 5.2-115, notice was sent to property
owners/occupants within 30o feet of the subject site on August 2t,2o2o.
COMMENT: No comments were received.
CRITERIA OF TENTATIVE PI.AN APPROVAL:
SDC 5.12-125 states that the Director shall approve or approve with conditions a Tentative Plan application upon
determining that criteria A through I of this Section have been satisfied. lf conditions cannot be attached to
satisfy the criteria, the Director shall deny the application.
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811-2G000149-TYP2
,
TYPE II TENTATIVE PARTITION STAFF REPORT & DECISION
FINDINGS OF FACT AND CONCTUSIONS
A. The request conforms to the provisions of this Code pertaining to lot/parcel size and dimensions.
1. ln accordance with SDC 3.2-315, lots in the Major Retail Commercial district shall have a minimum lot
size of G,000 sq. ft. with at least 5O feet of street frontage. Setbacks include a 1d front and street side
yard for buildings and 5' setback for all vehicle use areas.
2. All proposed lots and buildings are shown to meet minimum lot size, street frontage dimensions, and
minimum setbacks.
Conclusion: This proposal satisfies Criterion A.
B. The zoning is consistent with the Metro Plan diagram and/or applicable Refinement Plan diagram, Plan
District map, and Conceptual Development Plan.
3. The proposed partition area is zoned Major Retail Commercial (MRC) in accordance with the Metro Plan
designation.
Conclusion: This proposal satisfies Criterion B.
C. Capacity requirements of public improvements, including but not limited to, water and electricity; sanitary
sewer and stormwater management facilities; and streets and traffic safety controls shall not be exceeded
and the public improvements shall be available to serve the site at the time of development, unless
otherwise provided for by this Code and other applicable regulations. The Public Works Director or a utility
provider shall determine capacity issues.
General
4. For all public improvements, the applicant shall retain a private professional civil engineer to design the
partition improvements in conformance with City codes, this decision, and the current Engineering
Design Standards and Procedures Manual (EDSPM). The private civil engineer also shall be required to
provide construction inspection services.
5. Permits are required for the installation of all public and private utilities.
5. The Development & Public Works Director's representatives have reviewed the proposed partition plan.
City staffs review comments have been incorporated in findings and conditions contained herein.
7. Criterion C contains sub-elements and applicable code standards. The tentative partition application as
submitted complies with the code standards listed under each sub-element unless otherwise noted with
specific findings and conclusions. The sub-elements and code standards of Criterion C include but are
not limited to:
Public improvements in accordance with SDC 4.2-1m and 4.3-100
o Public and Private Streets (SDC 4.2-105 - 4.2-145)
o Sanitary Sewer lmprovements (SDC 4.3-105)
o Stormwater Management (SDC 4.3-110 - 4.3-115)
. Utilities (SDC 4.3-120 - 4.3-130)
o Water Service and Fire Protection (SDC 4.3-130)
r Public and Private Easements (SDC 4.3-140)
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811-2G000149-TYP2
WPE !I TENTATIVE PARTITION STAFF REPORT & DECISION
Public and Private Streets
8. Section 4.2-1A5.G.2 of the Springfield Development Code requires that whenever a proposed land
division or development will increase traffic on the City street system and that development has any
unimproved street frontage abutting a fully improved street, that street frontage shall be fully improved
to City specifications.
9. The frontages of both 18th and Olympic street are fully improved. There is a missing street tree at the
driveway entrance along 18th.
Condition of Approral:
1. Prior to approval of the Final Plat, the applicant shall install new street tree(s) from the cit/s
approved street tree tist to replace the missing tree at the north edge of the driveway along 18th
Street.
Sanitary Sewer !mprovements
10. Section 4.3-105.A of the SDC requires that sanitary sewers shall be installed to serve each new
development and to connect developments to existing mains. Additionally, installation of sanitary
sewers shall provide sufficient access for maintenance activities.
11. The proposed new parcel has direct existing access to the sanitary sewer system along the 18n St.
frontage. The existing parcel also has direct existing access to the sanitary sewer system that will not be
hindered by the creation ofthe new parcel.
L2. Pursuant to Chapter 3.02.4.e of the City's Engineering Design Standards and Procedures Manual and
Section 3.6 of the City of Eugene Stormwater Management Manual, loading docks and trash enclosures
shall be covered and hydraulically isolated from potential stormwater runoff, and directed to the
sanitary sewer system. The existing Burger King Restaurant location on the proposed new parcel has a
trash enclosure without any overhead cover.
Condition of Approva!:
2. Prior to approval of the Final Plat, the applicant will install an overhead cover to the existing trash
enclosure that will isolate the entire enclosure area from rainfall.
Stormwater Management (Quantity & Water Quality)
13. Section 4.3-110.8 of the SDC requires that the Approval Authority shall grant development approvalonly
where adequate public and/or private stormwater management systems provisions have been made as
determined by the Public Works Director, consistent with the Engineering Design Stondords ond
Proced ures Mon uol ( EDSPM ).
14. Section 4.3-110.C of the SDC states that a stormwater management system shall accommodate
potential run-off from its entire upstream drainage area, whether inside or outside of the development.
15. Section 4.3-110.D of the SDC requires that run-offfrom a development shall be directed to an approved
stormwater management system with sufficient capacity to accept the discharge. The applicant is not
proposing any development that will increase or alter the rate of stormwater leaving the site.
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811-20-000149-TYP2
TYPE IITENTATIVE PARTITION STAFF REPORT & DECISION
16. The existing private stormwater system that drains the area around the Burger King restaurant is part of
the larger drainage system of the surrounding shopping center and the drainage will cross the new
private property boundary before being discharged to the public system.
Condition of Appronal:
3. Prior to Final Plat approvaf the applicant shall obtain a primte stormwater easement allowing for
this discharge to continue in its current location, or install a ne$, drainage system with direct
connection to the public system along its ROW frontage.
Water Service and Fire Protection
17. Comment received for the Eugene/Springfield Fire Marshal's office stated that the existing development
is adequately served by water and emergency services.
Public and Private Easements
18. Section 4.3-140.A of the SDC requires applicants proposing developments to make arrangements with
the City and each utility provider for the dedication of utility easements necessary to fully service the
development or land beyond the development area. The minimum width for Public Utility Easements
(PUEs) adjacent to street rights-of-way shall be 7 feet. The minimum width for all other PUEs shall be 7
feet unless the Development & Public Works Director requires a larger easement to allow for adequate
maintenance.
19. Section 4.3-120.8 of the SDC requires each developer to make arrangements with the utility provider to
provide utility lines and facilities to serve the development area. Springfield Utility Board (SUB) is the
provider of electrical service to the partition area.
20. Comment received from the Springfield Utility Board indicated that not all service lines are contained
within necessary easements.
21. The existing Springfield Utility Board's transformer located in the northwest corner of the proposed
parcel is located outside the existing Public Utility Easement along the 18ft Street frontage. The PUE will
need to be amended to contain the transformer.
22. There is an existing Springfield Utility Vault located behind the existing Papa Murphy's building that is
not within a SUB utility easement. A 10'wide easement, centered on the utility lines, must extend from
the 18th Street frontage to the eastern edge of the SUB vault.
Condition of Appronal:
4. Prior to Final Plat approval, the applicant shall amend and extend the existing Public Utility
Easement along the 18th Street frontage of the proposed parcel to encompass the existing
Springfield Utility Boards transformer.
5. Prior to Final Plat approval, the applicant shall provide a ld wide Springfield Utility Board
easement from 18th Street to the east edge of the Springfield Utility Boards vautt. The easement
shall be centered along the utility line along the northern portion of Parcel 1 and extending into
Parcel 2.
Conclusion: As conditioned herein, this proposal satisfies Criterion C.
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811-2G000149-TYP2
TYPE II TENTATIVE PARTITION STAFF REPORT & DECISION
D. The proposed development shall comply with all applicable public and private design and construction
standards contained in this Code and other applicable regulations.
23. Criterion D contains two elements with sub-elements and applicable Code standards. The tentative
partition application as submitted complies with the code standards listed under each sub-element
unless otherwise noted with specific findings and conclusions. The elements, sub-elements and Code
standards of Criterion D include but are not limited to:
D.1 Conformance with standards of SDC 3.2-600 (Mixed Use Zoning), SDC 4.1-1m (lnfrastructure
Standards), SDC 4.4-100 (landscaping, Screening and Fence Standards), SDC 4.5-100 (Vehicle Parking, Loading
and Bicycle Parking Standards), and SDC 5.17-L00 (Site Plan Review)
o Parcel Coverage and Setbacks (SDC 3.2-615)
o Height Standards (SDC 3.2-515)
o Landscaping Standards (SDC 4.4-105)
o Screening (SDC 4.4-110)
o Fence Standards (SDC 4.4-115)
o On-Site Lighting Standards (SDC 4.5-100)
o Vehicle Parking Standards (SDC 4.5-10O)
Parcel Coverage and Setbacks
24. ln accordance with SDC 3.2-515, lot/parcel coverage standards in the MRC Districts shall be limited only
by standards (including, but not limited to: required parking, landscaping) specified in Sections 4.4-105
and 4.6-1fi). Generally, there is no maximum lot/parcel coverage standard.
Height Standards
25. ln accordance with SDC 3.2-615, there is not maximum building height when parcel zoned MRC are not
abutting a residential zoning district. This parcel does not abut residential zoning.
[andscaping Standards
26. ln accordance with SDC 3.2-515, all landscape setbacks shall be landscaped. The existing front and street
side yards are fully landscaped.
27. lnterior and rear yard setbacks are required when abutting residential districts. The subject property
does not abut residential zoning.
28. ln accordance with SDC 4.4-100, site landscaping consists of trees, shrubs, groundcover plants and turf,
or a combination thereof. Site landscaping does not consist of only gravel or bark mulch ground cover,
unless the latter is used as a growing medium for planted trees and shrubs. Site landscaping wil! be
reviewed at the time of building permit.
29. The existing site is fully developed and landscaped in accordance with the standards of SDC4.4-1O0.
Screening
30. ln accordance with SDC 4.4-110.A, screening is required where commercial and industrial districts abut
residential districts and no approved screening exists; for outdoor mechanical devices and minor and
major public facilities; for outdoor storage yards and areas in non-residential districts abutting
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811-2G.OOO149-TYP2
TYPE IITENTATIVE PARTITION STAFF REPORT & DECISION
residential districts along their common property line; for trash receptacles; for automobile wrecking
and salvage yards; and for multifamily developments.
31. The existing site provides screening for items listed in SDC4.4-11OA.
Fencc Standards
32. The Springfield Development Code regulates the height and style of fencing in residential districts.
However, there is no specific requirement for fencing other than screening, of commercial lots in the
MUC District.
On-Site Lighting Standards
33. lt is not expected that any outdoor lighting will be required within the partition area at this time.
Vehicle Parking Sta ndards
34. There are no proposed changes to the existing parking lot and the applicant has stated the reciprocal
cross access and parking agreements are recorded.
Conclusion: This proposal satisfies Criterion D.1.
D.2 Overlay Districts and Applicable Refinement Plan Requirements
35. Development Review staff has reviewed the application in regard to the Drinking Water Protection
Overlay District and Refinement Plan requirements. The subject site is located within the 2-5 Year Time
of Travel Zone for the 166 Street and Q Street Wellhead. The 2-5 Year Time of Travel Zone is requires
additional review when new uses that contain hazardous chemicals are proposed. No new uses are
proposed at this time.
Conclusion: This proposal satisfies Criterion D.2.
E. Physical features, including but not limited to: steep slopes with unstable soil or geologic conditions; areas
with susceptibility to flooding; significant clusters of trees and shrubs; watercourses shown on the Water
Quality Limited Watercourse Map and their associated riparian areas; wetlands,' rock outcroppings; open
spaces; and areas of historic and/or archaeological significance, as may be specified in Section 3.3-90O or
ORS 97.740-760, 358.905-955 and 390.235-240, shall be protected as specified in this Code or in State or
Federal law.
36. The Metro Area General Plan, Water Quality Limited Watercourse Map, State Designated Wetlands
Map, Hydric Soils Map, Wellhead Protection Zone Map, FEMA Map and the list of Historic Landmark
sites have been consulted and there are no natural features needing to be protected or preserved on
this site. lf any artifacts are found during construction, there are state laws that could apply; ORS
97.74O, ORS 358.905, ORS 390.235. lf human remains are discovered during construction, it is a Class
"C" felony to proceed under ORS 97.74O.
Conclusion: As conditioned herein, this proposal satisfies Criterion E.
F. Parking areas and ingress-egress points have been designed to: facilitate vehicular traffic, bicycle and
pedestrian safety to avoid congestion; provide connectivity within the development area and to adjacent
residential areas, transit stops, neighborhood activity centers, and commercial, industrial and public areas;
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811-2G.000149-WP2
TYPE IITENTATIVE PARTTTION STAFF REPORT & DECISION
minimize driveways on arterial and collector streets as specified in this Code or other applicable regulations
and comply with the ODOT access management standards for State highways.
37. The Development Review Committee reviewed the proposed partition tentative plan at a meeting on
September l,2O2O. The DRC comments have been incorporated into this staff report and decision.
Transportation System lmpacts
38. SDC 4.2-1O5.A.4 sets the threshold for requiring a Traffic lmpact Study (TlS) at 10O peak hour or l,(XX)
average daily trips (ADT) as determined by rates from the most recent edition of the lnstitute of Traffic
Engineers (lTE) Trip Generation Manual. The proposed partition does not trigger the requirement for a
traffic study and should have no adverse traffic impacts to the surrounding street system.
Site Access and Circulation
39. lnstallation of driveways on a street increases the number of traffic conflict points. A greater number of
conflict points increases the probability of traffic crashes. ln accordance with SDC 4.2-120.C, driveways
shall be designed to allow safe and efficient vehicular ingress and egress as specified in Tables 4.2-2
through 4.2-5, the City's EDSPM and Standard Construction Specifications.
Conclusion: This proposal satisfies Criterion F.
G. Development of any remainder of the property under the same ownership can be accomplished as specified
in this Code.
40. The proposed partition does not prohibit development or redevelopment of property under common
ownership.
Conclusion: This proposal satisfies Criterion G.
H. Adjacent land can be developed or is provided access that will allow its development as specified in this
Code.
41. Adjacent land surrounding the proposed partition is developed with commercial uses and the proposed
partition does not limit the further (re)development.
Conclusion: This proposal satisfies Criterion H.
L Where the partition of property that is outside of the city limits but within the City's urbanizable area and no
concurrent annexation application is submitted, the standards specified below shall also apply.
42. The property involved in this proposal is inside the City limits.
Conclusion: This proposal satisfies Criterion l.
FINAt CONCLUSION: The tentative partition plan, as submitted and conditioned, complies with Criteria A-l of
SDC 5.12-125. Portions of the proposal approved as submitted may not be substantively changed during
platting without an approved modification application in accordance with SDC 5.12-145.
What needs to be done: The applicant will have up to two years from the date of this letter to meet the
applicable conditions of approval or Development Code standards and to submit a Final Partition Plan. Please
refer to sDC 5.12-135 & 5.12-140 for more information. THE PUBLIC AND PRIVATE IMPROVEMENTS AND THE
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811-2G000149-TYP2
TYPE II TENTATIVE PARTITION STAFF REPORT & DECISION
FINAT PART]TION PLAN MUST BE IN SUBSTANTIAL CONFORMITY WITH THE TENTATIVE PLANS AND THE
CONDITIONS OF APPROVAL.
The Final Partition Plan is required to go through a pre-submittal process. After the Final Plat application is
complete, it must be submitted to the Springfield Development & Public Works Department. A separate
application and fees will be required. Upon signature by the City Surveyor and the Planning Department, the
Final Partition Plan may be submitted to Lane County Surveyor for signatures prior to recording.
SUMMARY OF CONDITIONS OF APPROVAL:
1. Priortoapproval oftheFinal Plat,theapplicantshall install newstreettree(slfromtheci$s
approved street tree list to replace the missing tree at the north edge of the driverray along 18th
Street.
2. Prior to approval of the Final Plat, the applicant will install an overhead cover to the existing trash
enclosure that will isolate the entire enclosure area from rainfall.
3. Prior to Final Plat approval, the applicant shall obtain a private stormwater easement allowing for this
discharge to continue in its current loetion, or install a new drainage system with direct connection
to the public system along its ROW frontage.
4. Prior to Final Plat approval, the applicant shall amend and extend the existing Public Utility Easement
along the 18th Street frontage of the proposed parcel to encompass the existing Springfield Utility
Boards transformer.
5. Prior to Final Plat approval, the applicant shall provide a 10r wide Springfield Utility Board easement
from 18th Street to the east edge of the Springfield Utility Boards vault. The easement shall be
centered along the utility line along the northern portion of Parcel 1 and extending into Parcel 2.
Additional lnformation: The application, all documents, and evidence relied upon by the applicant, and the
applicable criteria of approval are available for free inspection and copies are available for a fee at the
Development & Public Works Department, 225 Fifth Street, Springfield, Oregon.
Appeal: This Type ll Tentative Partition decision is considered a decision of the Director and as such may be
appealed to the Planning Commission. The appeal may be filed with the Development & Public Works
Department by an affected party. The appeal must be in accordance with SDC 5.3-100, Appeals. An Appeals
application must be submitted to the City with a fee of 5250.00. The fee will be returned to the appellant if the
Planning Commission approves the appeal application.
ln accordance with SDC 5.3-115 which provides for a 15-day appeal period and Oregon Rules of Civil Procedures,
Rule 10(c) for service of notice by mail, the appeal period for this decision expires at 5:00 p.m. on October 21,
2020.
Questions: Please call Drew Larson in the Planning Division of the Development & Public Works Department at
(541) 736-1003 or email alarson@springfield-or.gov if you have any questions regarding this process.
Prepared By:
Avdr*m La.rto*,
Development Planner
I
811-2GOOO149-T'tP2
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Jim McLaughlin PLS
2600 19th Street
Springfield, Or 97477
Ryan Erickson, PLS
EGR & Associates, lnc.
2535 B Prairie Road
Eugene, Or 97402
Amy McKay Romero
McKay Commercial Properties, LLC
76 Centennial Loop, Ste D
Eugene, Or974OI
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