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HomeMy WebLinkAboutDecision Planner 12/18/2007Site Plan DRC 2007-00060 1 Notice of Decision - Site Plan Review - Type II Project Name: Site Plan - Hawes Investments, LLC Corporate Headquarters Project Proposal: Develop a business park with corporate headquarters and secondary uses on a 7.05 acre site. Construct a three story 81,420 sq. ft. office building to be occupied by Hawes Financial Group and supporting commercial office, retail and food service uses. Case Number: DRC2007-00060 Project Location: The subject property is located on the north side of International Way, west of Corporate Way; Assessor’s Map 17-03-15-40 TL 500 Zoning: Campus Industrial (CI) Overlay Districts: Drinking Water Protection Overlay, Flood Plain Overlay Applicable Refinement Plan and Designation: Gateway Metro Plan Designation: Campus Industrial (CI) Pre-Submittal Meeting Date: October 9, 2007 Application Submitted Date: October 19, 2007 Decision Issued Date: December 18, 2007 Recommendation: Approval with conditions Appeal Deadline Date: January 3, 2007 Associated Applications: Annexation LRP2007-00003, PRE2007-00068, DRC 2007-00061 (Minor Variance), SHR2007-00007 (Flood Plain Overlay District) OWNER/APPLICANT APPLICANT’S REPRESENTATIVE Joseph R. Hawes Hawes Investments, L.L.C. 2982 Crescent Ave. Eugene OR 97408 Ted Corbin Eric Hall Architects, Inc. 116 Highway 99N Eugene, OR 97402 CITY OF SPRINGFIELD DEVELOPMENT REVIEW TEAM POSITION REVIEW OF NAME PHONE Planner III Land Use Planning Linda Pauly 726-4608 Transportation Planning Engineer Transportation Gary McKenney 726-4585 Public Works Engineering Sanitary & Storm Sewer, Utilities & Easements Matt Stouder 736-1035 Deputy Fire Marshall Fire and Life Safety Gilbert Gordon 726-2293 Community Services Manager Building Dave Puent 726-3668 Site Plan DRC 2007-00060 2 DECISION: Tentative Site Plan Approval, with conditions, as of the date of this letter. This 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. The standards of the Springfield Development Code (SDC) applicable to each criterion of Site Plan Modification Approval are listed herein and are satisfied by the submitted plans and notes unless specifically noted with findings and conditions necessary for compliance. Final Site Plans must be in conformance with the tentative site plan as conditioned. Building plans and site development must conform to the Final Site Plan. Approved Final Site Plans (including Landscape Plans) shall not be substantively changed during Building Permit Review without an approved Site Plan Modification Decision. OTHER USES THAT MAY BE AUTHORIZED BY THE DECISION: None. The proposed uses are permitted in accordance with Springfield Development Code. The City Council has prescribed that business parks shall comprise only 40% of the CI District [SDC 3.2- 415 (2)]. The proposed business park primary use has been reviewed and approved by the Director in accordance with the Pre-certification process of SDC 3.2-430. No other uses are authorized by this decision. Final Site Plan and Building Plans must conform to this decision. REVIEW PROCESS: This application is reviewed under Type II (administrative) procedures listed in Springfield Development Code Section 5.1-130 and the site plan criteria of approval SDC 5.17-125. This application was accepted as complete upon submittal, October 19, 2007. This decision is issued on the 57th day of the 120 day review period mandated by the state (ORS 227.178). MAPS: 17-03-15-40 500500 17031540 !` !` AÉ AÉ AÊ HARLOW RD YOLANDA AVE MARCOLA RD PIONEER PKWYBELTLINE RD GLENWOODBLVD42ND STJASPER RD MAIN ST 66TH STM id d l e F o r k Willamette R i v e rMcKenzie River Willamette S 32ND ST0 0.5 1 M ile M ill Spring fi e ld C ity L im its Ur b a n G ro w th Bo un d ar y69TH STRace THURSTON RD S 72ND STThere are no warranties that accompany this product. Users assume all r esponsibility for any loss or damage arisi ng from any error, omission or posi tional inaccuracy of this productMOHAWK BLVDMAIN ST 28TH STRi verMill Pond Tax L ot: 1703154 0 00500 SUBJ ECT AREA Springfield, OR FRANKLIN BLVD July, 2 00 7 Site Plan DRC 2007-00060 3 BELTLINE RD COLONIAL DR NICHOLAS DRHUTTON STETHAN CT INTERNATIONAL WAY GAME FARM RDSPORTS WAYCORPORATE WAYBELTLINE RD GATEWAY STDEADMOND FERRY RD 50 0 17 0 3 1 5 4 0 There are no warranties that accompany this product. Users assume all responsibility for any loss or damage arisi ng from any error, omission or positional inaccuracy of this product 0 200 400 Feet SUBJ ECT NEIGHBORHOOD Springfield, OR July, 2 00 7 W ithi n C it y Lim its Not W ithin C ity Li mi ts McKenzie River SITE Site Plan DRC 2007-00060 4 INTERNATIONAL WAYCORPORATE WAYMAPLE ISLAND RD17-03-15-40 500 There are no warranties that accompany this product. Users assume all responsibility for any loss or damage arising from any error, omission or posi tional inaccuracy of this product 0 70 140 Feet SUBJ ECT SITE Springfield, OR July , 20 0 7 W ithin C it y Lim i ts N ot W ithin C ity Li m i ts 227 .65 '796.96'795.48'290.93'70'85.24' 138 .16 ' # R=65 ' # R=45' Sa n itary Lin e Sto rm L ine ZONING AND SURROUNDING LAND USES: The subject property is located in north Springfield’s Gateway Campus Industrial area. The site is zoned and designated Campus Industrial (CI) according to the City Zoning Map and Metro Plan. The site abuts International Way and the Maple Island Road roundabout along its southern boundary. Land to the west is zoned CI (Shorewood Packaging). The site does not abut Corporate Way. The site abuts the UF-10 Urbanizable Fringe Overlay District (with underlying CI Springfield zoning) to the north (Maple Island Slough). Property immediately east of Corporate Way is currently being developed as Liberty Professional Center Subdivision. BACKGROUND INFORMATION: The subject property was recently annexed into the City (LRP2007-00003). An Annexation Agreement exists between the applicant and the City. The Agreement memorializes a commitment to the provision of long term public transportation and long term off-site stormwater management facilities necessary to serve the Property and designates allocation of financial responsibility for these facilities. A Tree Felling permit (DRC 2007-00050) and a Flood Plain Overlay District Development permit (SHR2007-00005) for the subject property were issued in August 2007. Tree removal and site grading have commenced on the site to prepare the site for development. The site was SITE Site Plan DRC 2007-00060 5 previously vegetated with a filbert orchard. The previously issued Flood Plain Overlay District permit addressed the initial site work and did not address the development proposed in the subject application, thus a second Flood Plain Overlay District is required and has been submitted by the applicant. SITE INFORMATION: The subject property abuts Maple Island Slough. This feature is identified as a Goal 5 Natural resource site and a tributary to a Water Quality Limited Watercourse (WQLW). The slough contains wetlands. According to FIRM Map Number 41039C1133F, the property is within the 100 year floodway defined by the Federal Emergency Management Agency (FEMA). Site soils are mapped as Soil Series 26- Chehalis Silty Clay Loam, occasionally flooded, 95 Newberg Fine Sandy Loam, and 75 Malabon Silty Clay Loam. The site was previously vegetated with a filbert orchard and other vegetation. A 100-foot wide Bonneville Power Administration utility easement crosses the northern portion of the property. WRITTEN COMMENTS: 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 Sections 3.080 and 14.030). The applicant and parties submitting written comments during the notice period have appeal rights and are mailed a copy of this decision for consideration (see Appeals at the end of this decision.) In accordance with SDC 3.080 and 14.030, notice was sent to owner/occupants within 300 feet of the subject site on October 25, 2007. No written comments were received in response to the notice. Site Plan - Criteria of Approval SDC 5.17-125 SDC 5.17-125 CRITERIA OF SITE PLAN APPROVAL states: The Director shall approve, or approve with conditions, a Type II Site Plan Review Application upon determining that criteria A through E of this Section have been satisfied. If conditions cannot be attached to satisfy the criteria, the Director shall deny the application. Conformance with the Eugene-Springfield Metro Area General Plan, Springfield Development Code Section 5 - Site Plan Review Standards, Section 4 - Public and Private Improvements, Section 3.2- 400 - Campus Industrial District were required for approval of the applicant’s Site Plan. Finding: The City’s Development Review Committee reviewed the proposed plans and supporting information. City staff’s review comments have been incorporated in findings and conditions contained herein. The Site Plan application as submitted complies with the code standards listed under each Criterion of Approval unless otherwise noted with specific findings and conclusions. Criterion A SDC 5.17-125 A. The zoning is consistent with the Metro Plan diagram, and/or the applicable Refinement Plan diagram, Plan District map, and Conceptual Development Plan. Finding: The Campus IndustriaI zoning is consistent with the Metro Plan diagram and Gateway Refinement Plan diagram. Site Plan DRC 2007-00060 6 Conclusion: The proposal satisfies Site Plan Criterion A. Criterion B SDC 5.17-125 B. 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. Criterion C SDC 5.17-125 C. The proposed development shall comply with all applicable public and private design and construction standards contained in this Code and other applicable regulations. Finding: Criteria B and C require the proposed development to be provided with public and private improvements which are designed in conformance with all applicable Development Code requirements and the current Engineering Design Standards and Procedures Manual. The applicant’s civil engineer shall also be required to provide construction inspection services. Finding: The intent of Criterion B is to ensure that public improvements are installed and serve development in accordance with the Metro Plan. The Metro Plan indicates that new urban development must be served by at least the minimum level of key urban services at the time development is completed (Eugene-Springfield Metro Area General Plan, III-G-1). Site Plans are development in accordance with ORS 227.215. The City interprets Criterion B to mean that on-site and off-site public improvements not only have capacity but are also extended to the developable area for connection. Therefore, in order to ensure the development complies with Criterion B for the provision of public infrastructure the required public improvements must be installed and approved before final site plan approval or occupancy of the site. Finding: The Development Review Committee and the Public Works Director’s representatives have reviewed the proposed site plan and the surrounding public services. The site plan application as submitted complies with the applicable code standards listed under each sub-element unless otherwise noted with specific findings and conclusions. The elements, sub- elements and code standards of Criterion B and Criterion C include but are not limited to: 1. Public and Private Improvements in accordance with SDC Section 4 - Public and Private Improvements • Public Street and Related Improvements - SDC 4.2-105 through SDC 4.2-160 • Sanitary Sewer Improvements - SDC 4.3-105 • Storm Water Management and Water Quality Protection - SDC 4.3-110 through 4.3- 115 • Utilities and Public Easements- SDC 4.3-120 through 4.3-140 • Public and Private Easements - SDC 32.120(1) and (5) 2. Conformance with standards of SDC Section 5 - Site Plan Review Standards, and Section 3.2-400 - Campus Industrial District Site Plan DRC 2007-00060 7 • Permitted Uses – SDC 3.2-405 through 3.2-415 • Operational Performance Standards - SDC 3.2-425 • Lot Size and Setback Standards – SDC 3.2-420 • Height Standards - SDC 3.2-420 • Off-Street Parking Standards – SDC 4.6-515 • Fence Standards – SDC 4.4-115 • Campus Industrial Design Standards – SDC 3.2-445 • Landscaping Standards - SDC 4.4-105 • Screening and Lighting – SDC 4.4-110 and 4.5-100/110 • Parking Standards – SDC 4.6-100 through 4.6-110 3. Applicable Overlay Districts and Refinement Plan Requirements • Gateway Refinement Plan policies are applicable to this development. • Drinking Water Protection Overlay district policies are applicable to this development. • Flood Plain Overlay district policies are applicable to this development. Finding: All public and private site improvements are required to be designed in conformance with City codes, this decision, and the current Engineering Design Standards Manual. The applicant’s civil engineer shall also be required to provide construction inspection services. Finding: The Public Works Director’s representatives have reviewed the proposed site plan. City staff’s review comments have been incorporated in findings and conditions contained herein. Public and Private Improvements in Accordance with SDC 31 and 32 PUBLIC STREETS/TRANSPORTATION FACILITIES AND IMPACTS -- SDC 4.2-105 through SDC 4.2- 160 Finding: The site has frontage on International Way (48-foot wide asphalt paved roadway within a 68-foot wide right of way). The street is fully improved with curb/gutter, sidewalk, bicycle lanes, and street lighting. The roadway provides one 12-foot wide travel lane in each direction and a 12-foot wide two-way center turn lane. Finding: Existing Average daily traffic on International Way is approximately 1,600 vehicle trips per day (Traffic Impact Study - Hawes Investment, September 20, 2007.) Finding: SDC 4.2-105.G.2 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. Exception (i) notes that in cases of unimproved streets, an Improvement Agreement shall be required as a condition of Development Approval postponing improvements until such time that a City street improvement project is initiated. Finding: Maple Island Road has been identified by the City as an important north-south transportation corridor necessary to serve existing and future development. Extension of Maple Island Road north of International Way will require modifications to the existing roundabout. Construction of the street in the future will require right of way dedication by the applicant and the construction of public improvements. The recorded Annexation Agreement and Option Agreement between the applicant and the City (Reception No. 2007-058212) address the timing of public improvements and the assignment of financial responsibility for these facilities. The Site Plan DRC 2007-00060 8 applicant proposes to proceed with site development prior to or concurrently with the construction of the future street improvements. The applicant has coordinated site access design with the City (and Lane Transit District) to the extent practicable. The applicant’s site plan includes a proposal to construct the private and public improvements necessary to provide access to the site from the public right of way. In some cases this approval has been conditioned to require temporary facilities which will serve required occupancy functions prior to the completion of public improvements. Finding: In accordance with recorded Annexation Agreement, the applicant and the City have agreed on the following vehicular access: 1) The applicant will construct the extension of Maple Island Road within a planned 60-foot wide street right-of-way, starting at a point approximately 60 feet north of the existing International Way & Maple Island Road roundabout and continuing northward approximately 450 feet (Annexation Agreement 1.2). 2) The business park will, on a temporary basis, “take access to its development site from the roundabout on International Way at a location determined by the City Traffic Engineer…” (Annexation Agreement 1.2). 3) The City will modify the north portion of the International/Maple Island roundabout to connect with the new Maple Island Road extension, and at a future date will take public jurisdiction of the Maple Island Road extension. Once this construction is complete and the City takes jurisdiction over the new roadway, site access will be via two driveways located along the east side of the street. Finding: The applicant has proposed construction of the “future” Maple Island Road, as shown on plan sheets A1.1 and C2. The applicant proposes to construct a 60 l.f. section extending north from the existing roundabout on International Way as a private driveway. This section will remain in private ownership until such time as improvements are made to the roundabout. The remaining 400+- feet of “future” Maple Island Road and associated improvements are proposed to be built under the City’s Public Improvement Plan process, but remain privately owned until such time when the City may purchase them under the existing Option Agreement between the City and applicant. Finding: The City Transportation Planning Engineer has reviewed the applicant’s proposal and finds that the design for the temporary driveway connection to the roundabout as depicted on Plan Sheet A1.1, Note 6 will require additional design coordination prior to approval to ensure that the final design will provide safe ingress and egress from the public right of way. Design details for this driveway and the Maple Island Road extension will be resolved during City’s Public Improvement Plan review. Finding: To provide pedestrian access to the site, the applicant proposes to construct a curb- side sidewalk from the existing roundabout and extending along the east side of Maple Island Road to the project limits (Plan Sheet A1.1, Note 6). The design for the modified roundabout will require that this sidewalk be setback from the street to a point north of the southern site driveway. A portion of this setback sidewalk will be located outside of the proposed street right-of-way, thus dedication of a public sidewalk easement is required. Finding: An ADA-compliant accessible route to/from the International Way right of way is required for this development. Topography precludes provision of an accessible route from the International Way frontage. The applicant’s proposal depicts two stairways to accommodate pedestrian access from International Way. Therefore, an accessible route is required from the Site Plan DRC 2007-00060 9 west boundary of the development in a convenient, direct location from the public rights of way and future EmX station to be located adjacent to the site. Until roundabout design details are established it is unclear how ADA-compliant access may best be provided. It is likely that the applicant will seek issuance of an occupancy permit prior to completion and acceptance of the associated public improvement project, thus a temporary ADA-compliant access may need to be constructed. Finding: Public travel ways require adequate illumination for safe pedestrian and vehicular use. Street lighting is required to provide an adequate level of illumination of the street areas adjacent to the development site. The city’s street lighting standards are based on the Illuminating Engineering Society (IES) American National Standard Practice for Roadway Lighting RP-8. RP-8 specifies the lighting type and required lighting levels for street and pedestrian areas. Condition 1: Construction of the “future” Maple Island Road, associated public improvements and interim driveway connection as shown by the applicant on plans sheets A1.1 and C2 shall occur under the City’s Public Improvement Process (PIP). This shall include construction of the paved asphalt surface, curbs, gutters, sidewalk, planter strip, street trees, as well as necessary utilities as shown on plan sheet C2. Condition 2: The applicant shall construct the full driveway/roadway section for Maple Island Road extension from the radius return of the roundabout, to the point just north of the northern-most driveway as proposed. The design for this facility shall include street lighting in accordance with adopted City standards. Design details for the driveway/roadway shall be established during the PIP process. Condition 3: The sidewalk between the reconstructed roundabout and the southern site driveway shall be designed and constructed as a setback sidewalk to match the City project. Prior to Final Site Plan approval, the applicant shall provide a public sidewalk easement for the portion of sidewalk along the Maple Island Extension that falls outside street right-of-way. Condition 4: If the applicant desires issuance of an occupancy permit prior to completion of the public sidewalk along the future Maple Island Road, the applicant shall provide and maintain a temporary ADA - compliant accessible route to/from the International Way right of way. The Final Site Plan shall depict the temporary accessible route. The route shall be located to provide convenient, direct access from the public rights of way and future EmX station to be located adjacent to the site. Condition 5: Street lights shall be provided along the Maple Island Road extension. Street lighting design and construction shall be in accordance with City of Springfield, Engineering Design Standards and Procedure. Condition 6: Provide and maintain adequate vision clearance triangles at the corners of all site driveways per SDC 4.2-130. Finding: As conditioned, existing and proposed transportation facilities would be adequate to accommodate additional trips generated by the proposed development. Site Plan DRC 2007-00060 10 SANITARY SEWER - SDC 4.3 SDC 4.3-105.A 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. SDC 4.3-105.C requires that proposed sewer systems shall include design consideration of additional development within the area as projected by the Metro Plan. Section 2.02.1 of the City’s Engineering Design Standards and Procedures Manual (EDSPM) states that when land outside a new development will logically direct flow to sanitary sewers in the new development, the sewers shall be public sewers and shall normally extend to one or more of the property boundaries. Finding: An existing 8-inch public sanitary sewer system is located in International Way along the south boundary of the subject property. The future extension of Maple Island Road north of International Way would include a public 8-inch sanitary sewer line. Finding: The applicant has proposed extension of 8-inch wastewater line in the “future” Maple Island Road, which will extend north to the edge of the proposed paving, but not to the property line. The extension will connect to the existing public system at the north end of the existing round-about on International Way. This private improvement will be designed and constructed to City standards in anticipation of future City acceptance and ownership. Condition 7: The Final Site Plan shall depict the extension of sanitary sewer service to the northern property line in the future Maple Island Road right-of-way. STORMWATER MANAGEMENT SDC 4.3-110.B states: The Approval Authority shall grant development approval only 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 Standards and Procedures Manual (EDSPM). SDC 4.3-110.D requires run-off from a development to be directed to an approved stormwater management system with sufficient capacity to accept the discharge. SDC Section 4.3-110.E requires new developments to employ drainage management practices which minimize the amount and rate of surface water run-off into receiving streams and promote water quality. Finding: An existing public stormwater management system is located in International Way and has the capacity in its 60” stormwater pipe to accept stormwater from the subject site. Finding: The applicant has not depicted on the plan set how stormwater runoff will be handled from the “future” Maple Island Road area, nor how the runoff will tie into the City’s existing public system. Condition 8: The Final Site Plan shall demonstrate management of the stormwater runoff from the “future” Maple Island Road will be directed to the existing public storm drainage system. The applicant shall construct any necessary drainage facilities under the PIP. Finding: To comply with Sections 4.3-110.D & E, the applicant proposes to direct stormwater runoff from the site into a series of catch basins, storm pipes, swales and an infiltration Site Plan DRC 2007-00060 11 swale/pond prior to discharge into the Maple Island Slough to the north or the public piped system in International Way to the south. Finding: The applicant proposes to construct an infiltration swale/pond along the northern portion of the subject property. The applicant has provided stormwater calculations showing the swale will function in large storm events, with percolation rates of 6 inches/hour. The applicant intends to construct an overflow outfall north of the proposed infiltration swale, and will not be performing construction below the top of bank on the existing Maple Island Slough. Finding: The existing public stormwater system in International Way has limited capacity. The applicant has submitted hydrologic stormwater calculations, consistent with the City’s EDSPM, which demonstrate that the proposed detention pond will limit the peak stormwater discharge rates to the pre-developed 2-year storm event for both the 2 and 25-year post-developed storm event, thereby limiting the flow into the existing system. Finding: The applicant submitted a document entitled “Stormwater Management Plan and Drainage Study” as a supplemental study with the application. The drainage study provides flow rates for the 2 and 25-year storm events for the post-developed flow regime, but does not indicate the flow rates for the existing condition for the 2 and 25-year event. These flow rates are needed to determine the impact of the proposed flow rates on the receiving systems. Condition 10: Prior to Final Site Plan approval, the applicant shall submit stormwater flow calculations for the existing condition in the 2 and 25-year storm events, along with a hydrological basin boundary map for the existing condition, to the satisfaction of the City Engineer. WATER QUALITY/GROUNDWATER PROTECTION 0-1 YEAR TOTZ Finding: Under Federal regulation of the Clean Water Act (CWA), Endangered Species Act (ESA), and National Pollutant Discharge Elimination System (NPDES), the City of Springfield is required to obtain, and has applied for, a Municipal Separate Storm Sewer System (MS4) permit. A provision of this permit requires the City demonstrate efforts to reduce the pollution in urban stormwater to the Maximum Extent Practicable (MEP). Finding: Federal and Oregon Department of Environmental Quality (ODEQ) rules require the City’s MS4 plan address six “Minimum Control Measures.” Minimum Control Measure 5, “Post- Construction Stormwater Management for New Development and Redevelopment,” applies to the proposed development. Finding: Minimum Control Measure 5 requires the City of Springfield to develop, implement and enforce a program to ensure the reduction of pollutants in stormwater runoff to the MEP. The City must also develop and implement strategies that include a combination of structural or non-structural Best Management Practices (BMPs) appropriated for the community. Finding: Minimum Control Measure 5 requires the City of Springfield use an ordinance or other regulatory mechanism to address post construction runoff from new and re-development projects to the extent allowable under State law. Regulatory mechanisms used by the City include the Springfield Development Code (SDC), the City’s Engineering Design Standards and Procedures Manual (EDSPM) and the future Stormwater Facilities Master Plan (SFMP). Site Plan DRC 2007-00060 12 SDC 4.3-110.E states: A development shall be required to employ drainage management practices approved by the Public Works Director and consistent with Metro Plan policies and the Engineering Design Standards and Procedures Manual. Section 3.02 of the City’s EDSPM states the Pubic Works Department will accept, as interim design standards for stormwater quality, water quality facilities designed pursuant to the policies and procedures of either the City of Portland (BES), or the Clean Water Services (CWS). Section 3.03.3.B of the City’s EDSPM states all public and private development and redevelopment projects shall employ a system of one or more post-developed BMPs that in combination are designed to achieve at least a 70 percent reduction in the total suspended solids in the runoff generated by that development. Section 3.03.4.E of the manual requires a minimum of 50 percent of the non-building rooftop impervious area on a site shall be treated for stormwater quality improvement using vegetative methods. Finding: To meet the requirements of the City’s MS4 permit, the Springfield Development Code, and the City’s EDSPM, the applicant proposes to install one water quality swale and one larger infiltration water quality swale, as shown on plan sheet C2. The applicant proposes to construct a vegetated infiltration basin. Site Plan DRC 2007-00060 13 Finding: Oregon Department of Environmental Quality Fact Sheet on Underground Injection Control Stormwater Information page 12 identifies a vegetated infiltration basin as a BMP that is not a UIC (Underground Injection Control) injection system. Page one states: “A surface infiltration swale or landscape BMP that has an elevated overflow intake pipe is not a UIC provided the pipe conveys overflow to a discharge point away form the swale or landscape BMP. The point receiving the discharge may qualify as a UIC injection system.” The applicant’s proposed infiltration basin system (shown on sheets C2, C3 and C4) includes an ODOT Type “D” catch basin with “daylight pond overflow pipe” directed to Maple Island Slough. Finding: Parking lot stormwater runoff is required to be treated for petroleum products before it enters a public system. The site is located in the highly sensitive 0-1 year TOTZ for the Sports Way wellhead. Removal of petroleum products from stormwater run-off can best be made through oil filtration devices. The City has determined that regularly-maintained double- chambered catch basins with oil filtering media in the inlet chamber prevent pollutants from entering the public storm drainage system. Sheet C2 of the applicant’s plans does not provide callouts for double-chambered catch basins with oil filtering media for all catch basins. Condition 11: To prevent pollutants in parking lot stormwater runoff from entering infiltration facilities and thus to protect the sensitive groundwater resources of the 0-1 year TOTZ Drinking Water Protection Overlay district, sheet C2 of the Final Site Plan, shall be revised. All catch basins which collect and direct drainage from the proposed parking lots shall be double-chambered catch basins with oil filtering media in the inlet chamber. The applicant shall provide a copy of a maintenance contract for regular cleaning. Finding: The applicant’s plans propose to direct runoff from paved areas to vegetated infiltration facilities. If the facilities are not lined with an impervious layer, storm water from parking areas could be infiltrated through the swale/basin bottom with minimal treatment. The site is within a highly sensitive groundwater protection area, hence, infiltration of polluted water from paved areas is prohibited. Finding: Sheet C3 and C4 of the applicant’s plans provide generic cross sections of the vegetated stormwater management facilities. These details are not to scale and do not include adequate specifications for the filtration soil media. The details specify 12” of “topsoil” and “clay liner over native soil”(swale only). The depth of clay liner is not specified. The infiltration basin is not proposed to be clay-lined. Finding: The potential exists for untreated stormwater to seep into the surrounding soils. The City Engineer finds that the applicant’s proposed BMP design for the filtration basins and swales are not in conformance with SDC 3.3-200 because the design of the facilities, which are located within the City’s Drinking Water Protection Overlay District and which receive runoff from parking lots, do not provide sufficient detail to protect the sensitive groundwater resources of the 0-1 year TOTZ Drinking Water Protection Overlay district. Finding: Biofilter pollutant removal is largely regulated by microorganisms. The biota acts as a major stabilization, removal, and conversion mechanism for organic carbon and many nutrients. Many pollutants are in an insoluble form, which vegetation cannot use. Soil biota capture and convert pollutants and nutrients into a form which can be easily consumed by the vegetation in the filter. The microorganisms work in symbiosis with the plants to capture and uptake the pollutants and nutrients in the stormwater runoff. Site Plan DRC 2007-00060 14 Finding: When soils are compacted through stockpiling, (including on-site stockpiling and commercial supplier stockpiling), air spaces are removed. This compaction kills most of the beneficial biota and thus destroys the organic component. Therefore, amendment to rebuild the organic component/soil biota is necessary to achieve the water quality treatment function (Biofilters for Stormwater Discharge Pollutant Removal, State of Oregon Department of Environmental Quality, January 2003). Finding: An undisturbed site typically has 40 to 55% pore space in the undisturbed soil. The bulk density of the soil is between 1.1 and 1.4 grams/cubic centimeter (g/cc). Rain results in about 50% evapotranspiration, 35% infiltration, and 15% surface water runoff. After construction, the same site may end up with 15 to 30% evapotranspiration, 15% infiltration, and 55 to 70% surface water runoff. Soil bulk density typically increases to between 1.5 and 2.0 g/cc. This is a 20% reduction in infiltration and a 40 to 60% increase in surface water runoff. The pore spaces in the soil are the main pathways for water infiltration. Their loss in the soil takes decades to replenish, if then. Surface planting, fertilizer, and other nutrient supplements typically only help the top few inches of soil to develop a new soil biota. Chemical fertilizer addition can actually kill or restrict development of the biota necessary for healthy vegetation (Environmental Protection and Enhancement with Compost, Oregon Department of Environmental Quality, February, 2004). Finding: Using compost to amend soils increases the porosity of the soil and adds beneficial organisms and nutrients back to the soil (Environmental Protection and Enhancement with Compost, Oregon Department of Environmental Quality, February, 2004). Further detailed information on the use of compost for biota establishment and decompaction of biofilter soils can be found in the document “Environmental Protection and Enhancement with Compost”, http:www.deq.state.or.us/nwr/stormwater.htm. Finding: In poorly drained areas within the Pacific Northwest, soil amendment with compost in excess of 30% by volume will result in waterlogging, which is detrimental to vegetation growth. Finding: Infiltration swales/basins function by percolation, allowing stormwater runoff to infiltrate into the ground during storm events. To ensure the facility functions as designed, it is necessary to keep soil disturbance during construction to a minimum, so as to not unnecessarily compact the soil. Site Plan DRC 2007-00060 15 Condition 12: Prior to Final Site Plan approval, the applicant shall add a note to the plan set indicating that the infiltration swale area should be clearly marked before site work begins to avoid disturbance of soil during construction. Vehicular traffic should not be allowed within 10 feet of the bottom of the swale, with the exception of that equipment specifically used to construct the facility. Condition 13: In the Final Site Plan, the applicant shall include scaled cross section details and construction specifications for the vegetated infiltration and swale. To protect groundwater, the designs shall incorporate a 6-inch thick clay liner (with a minimum of 35% clay content. Filter fabric is not an approved substitute for the clay liner. The infiltration basin shall be redesigned to provide a minimum time of concentration of 9 minutes prior to infiltration to protect sensitive groundwater resources. The first section of the basin shall be clay-lined to prevent infiltration. The “topsoil” mix shall be a specifically designed treatment soil media to provide water quality treatment (minimum 12-inch depth). The treatment soil media mixture shall be specified on the plans by the project landscape architect and shall include a certified clean compost component and commercially available biological organisms (endomycorrhizal or arbuscular mycorrhizal fungi) to establish a healthy soil biota in the filtration media. The civil and landscape plans shall provide scaled cross sections, specifications, notes or details sufficient to that ensure construction of these facilities is consistent with this condition and the approved Final Site Plan. Finding: Successful long-term operation of the vegetated filtration basins will be dependent upon prevention of clogging of the treatment soil media. Pretreatment of runoff through double chambered catch basins to remove most sediment prior to drainage into the facility is an effective practice to reduce sedimentation of water quality treatment facilities. Condition 14: To ensure the long-term filtration capacity of the treatment soil media, sediment and debris shall be cleaned from the paved areas which drain into the vegetated stormwater management facilities on a regular basis. Prior to issuance of an occupancy permit, the applicant shall provide an Operation and Maintenance Plan and copy of a maintenance contract for the stormwater management system which includes provision for regular cleaning of the parking lots on a quarterly basis (or more frequently as needed) and for regular pumping/cleaning of catch basins. Finding: Streambank and PDX seed mixes have been proposed for the swales. The vegetation proposed for use in the swales will serve as the primary pollutant removal mechanism for the stormwater runoff, and will remove suspended solids and pollutants through the processes of sedimentation and filtration. Satisfactory pollutant removal will occur only when the vegetation has been fully established. Streambank is a native seed mix and is an appropriate choice for use in the riparian area setback for Maple Island Slough. Please note that native seed mixes generally have more specific germination temperature requirements and thus can be more difficult to establish in the time frames required by typical development projects. The applicant’s project manager should be made aware of the necessary timing on the following condition to avoid delays in project completion. Condition 15: To ensure a fully functioning water quality system and meet objectives of Springfield’s MS4 permit, the Springfield Development Code and the EDSPM, the proposed vegetative water quality swales shall be shall be fully vegetated with all vegetation species fully established prior to issuance of an occupancy permit. Alternatively, if this condition cannot be fully met prior to issuance of occupancy, the applicant shall construct the swale as designed, Site Plan DRC 2007-00060 16 then provide and maintain additional interim erosion control/water quality measures acceptable to the Public Works Department that will suffice until such time as the swale vegetation becomes fully established. WATER QUALITY PROTECTION - RIPARIAN AREA Finding: The subject property abuts Maple Island Slough. This natural feature is identified as a Goal 5 Natural resource site and a tributary to a Water Quality Limited Watercourse (WQLW). The slough contains wetlands. SDC 4.3-110.F and G and 4.3-115 contain the City’s policies for regulating development adjacent to a WQLW. Finding: The applicant’s plans provide the required 50-foot riparian area development setback [SDC 4.3-115 A.2.]. The wetlands associated with the slough are within the channel. The City’s required setback is measured from top of bank of the watercourse, thus the 50- setback also provides protection for the wetlands within the channel. No fill is proposed within the 50-foot setback. No impacts to wetlands are proposed and no removal of vegetation (other than grass) is proposed within the riparian area setback. Finding: The applicant proposes to construct stormwater management facilities within the site’s riparian setback area along Maple Island Slough. SDC 4.3-115 B.5. identifies “stormwater systems and outfalls” as one of the permitted uses in riparian areas. SDC 4.3-115 C.6. require restoration and enhancement of riparian areas and utilization of native vegetation to restore riparian area functions. Finding: The applicant submitted a document entitled Riparian Protection Report - Hawes Investments LLC, September 27, 2007 by JRH Land Use Planning Division. The report provides photo documentation of the site and adjacent slough and analysis of development impacts. Finding: A Bonneville Power Administration (BPA) utility corridor easement overlaps the majority of the riparian area setback area. Planting within the easement is regulated by BPA clearance requirements. To comply with SDC 4.3-115 C.6., the applicant’s landscape plan includes a proposal to vegetate the riparian area setback with grass and trees. However, communications with the applicant’s representative indicate that the BPA easement may preclude the planting of trees. The easement restriction is in conflict with the City’s policies. Specifically, SDC 4.3-110 G requires a developer to employ site design, landscaping and drainage management practices to protect and restore riparian area functions. Tree and shrub canopy provide shading of water quality treatment facilities to address temperature impacts from stormwater runoff. Tree and shrub canopy create a buffer zone between development areas and the watercourse. Tree and shrub canopy also provide cover, food, shelter and other habitat requirements for wildlife species. Therefore the applicant is required to provide a plan which addresses protection of riparian area functions to the maximum extent practical given the restrictive nature of the easement. Finding: Gateway Refinement Plan policies call for screening of commercial parking lots from public rights of way and for screening surface parking areas from the McKenzie River corridor. The applicant’s plans do not provide a vegetative or architectural screen along the northern edge of the parking lot adjacent to the riparian area and Maple Island Slough. Evidence has not been submitted into the record regarding sight lines from the McKenzie River corridor [GRP Commercial Element Policy 2.2 and Residential Element Policy and Implementation Action 12.4]which specifically states: Surface parking shall not be visible from the McKenzie Site Plan DRC 2007-00060 17 River corridor]. Staff finds that planting in the riparian area setback would provide a screening function if plants are tall enough to screen the height of a parked car (approximately 3.5-4 feet. Condition 16: The Final Site Plan shall include a revised landscape plan (sheet L1) which provides the final riparian area planting proposal (or provide an addendum). The plan shall depict and label the riparian area setback line and the BPA easement. The planting plan shall address protection of riparian area functions to the maximum extent practical given the easement restriction. Native riparian species trees and shrubs shall be provided as allowed by BPA. Provide documentation from BPA regarding restriction of vegetation. If trees and/or shrubs are not permissible within the easement, the trees shown in the applicant’s proposal (sheet L1 dated 17 Oct 2007) or other appropriate species shall be relocated north of the easement. Shrub cover or small trees shall be provided between the pavement and the infiltration basin and shall be placed to provide screening between the parking lot and the Maple Island Slough and McKenzie River corridor, as required by Gateway Refinement Plan policies [GRP Commercial Element Policy 2.2 and Residential Element Policy and Implementation Action 12.4, SDC 5.17-125 C.]. PUBLIC EASEMENTS Finding: The applicant’s site plan design anticipates a future 5-foot right-of-way dedication along the International Way frontage to accommodate Lane Transit District’s (LTD) EmX system needs. An existing 7-foot Public Utility Easement (PUE) and slope easement overlap the future dedication area. When additional right of way is dedicated in the future, the PUE and slope easement will need to be modified. Relocation of PUEs requires a Type II Vacation land use application process. This decision is issued prior to design approval of the EmX project, thus relocation of the PUE at this time is premature. Finding: Sheet C1 of the applicant’s plans depict the location of an existing 7-foot public utility easement (PUE) and existing slope easements along the property’s International Way frontage. SUB is requesting 10-foot PUEs in several locations (see Attachment A). To date, future rights of way abutting the property have not been accurately established and thus specific PUE dedication and/or modification requirements are premature. The following condition of approval is required to ensure that PUE dedications and provision of utilities will be consistent with future right of way locations and with the applicant’s site development. Condition 17: Prior to Final Site Plan approval, the applicant shall contact Ed Head at SUB Electric, [(541) 744-3707] to review SUB’s proposed public utility easement locations to coordinate the efficient and orderly provision of electrical service to the subject property. The easements shall be shown in the Final Site Plan. Easement locations adjacent to future rights of way shall be depicted based on the right of way information available at the time of submittal. All public utility easements shall be recorded by the applicant prior to issuance of a building occupancy permit. The applicant shall provide an addendum to the Final Site Plan which depicts the final easement locations. If the LTD EmX project requires the dedication of right of way along International Way, vacation or modification of the existing easement(s), if necessary, shall be coordinated with the right of way dedication. Conclusion: As conditioned, public and private improvements are sufficient to serve the proposed development. Conclusion: The proposed site plan satisfies this sub-element of the criteria B and C. Site Plan DRC 2007-00060 18 Conformance with Standards of SDC Article 31, Site Plan Review, and Article 21, Campus Industrial Zoning OPERATIONAL PERFORMANCE STANDARDS AIR POLLUTION SDC 3.2-425G.1. Springfield Development Code Article 21contains Campus Industrial District Performance Standards which ensure compliance with applicable local, state and Federal regulations: SDC 21.015 (7) states: Compliance with these operational performance standards shall be the continuing obligation of the approved use. Failure to comply with these operational performance standards shall be a violation of this Code and/or Chapter 5 of the Springfield Municipal Code, 1997. SDC 3.2-425G.1.states: Air pollution includes, but not limited to, emission of smoke, dust, fumes, vapors, odors and gases. Air pollution shall not be discernable at the property line by a human observer relying on a person’s sense without the aid of a device. The applicant shall obtain and maintain all applicable licenses and permits from the appropriate local, state and Federal agencies. Finding: The applicant proposes to install a generator near the east property line. The applicant did not submit information from the manufacturer to demonstrate that emissions from the generator will not be discernable at the property line by a human observer relying on a person’s sense without the aid of a device. Condition 18: Prior to Final Site Plan approval, the applicant shall provide information from the generator manufacturer which demonstrates that emissions from the generator will not be discernable at the property line by a human observer relying on a person’s sense without the aid of a device, as required by SDC 3.2-425G.1. FIRE AND EXPLOSIVE STANDARDS SDC 3.2-425G.1.states: All activities involving the use, storage and/or disposal of flammable or explosive materials shall comply with the Uniform Fire Code as most recently adopted by the City. Finding: The applicant proposes to install a generator near the east property line. The applicant did not submit information to demonstrate that all activities involving the use, storage and/or disposal of flammable or explosive materials shall comply with the Uniform Fire Code as most recently adopted by the City. Condition 19: Prior to Final Site Plan approval, the applicant shall provide information to demonstrate that all activities involving the use, storage and/or disposal of flammable or explosive materials shall comply with the Uniform Fire Code as most recently adopted by the City. Engineered drawings and specification sheets shall be submitted as part of the building permit application. At the time of building permit application, the applicant will be required to apply for an operations permit for flammable and combustible liquids with Springfield Fire and Life Safety pursuant to 2004 Springfield Fire Code/2007 Oregon Fire Code 105.6.16). The generator specs and fuel shall be identified in the Drinking Water protection application. LIGHTING AND GLARE- SDC 3.2-425G.3., SDC 4.3-110 G., SDC 4.5-110 SDC 4.5-110A. states: All exterior light fixtures shall be shielded or recessed so that direct glare and reflection are contained within the boundaries of the property, and Site Plan DRC 2007-00060 19 directed downward and away from abutting properties; public rights of way; and riparian, wetlands and other protected areas identified in this Code on the same property. SDC 4.5-110B.2.b. states that the height of a free standing exterior light fixture within 50 feet of riparian area shall not exceed 12 feet. SDC 4.3-110 G requires a developer to employ site design, landscaping and drainage management practices to protect and restore riparian area functions. Finding: Lighting impacts to sensitive areas can be addressed with full cut-off optics and shields. Finding: The applicant proposes to install parking lot lighting on 25-foot and 15-foot standards. Poles within 50 feet of the riparian area are bollards that do not exceed 12 feet. However, Sheet E1.1 indicates that there will be light spill into the riparian area setback, even with shields installed. Proposed acorn-type luminaires with forward-throw cut off optics are proposed in the lighting plan. SDC 4.5-110 states: All exterior light fixtures shall be shielded or recessed so that direct glare and reflection are contained within the boundaries of the property, and directed downward and away from abutting properties; public rights of way; and riparian, wetlands and other protected areas identified in this Code on the same property. Condition 20: In the Final Site Plan, the lighting plan shall be revised to specify fixtures equipped with full cut-off optics and/or shields consistent with SDC 4.5-110. The lighting plan shall be revised to eliminate light spill from the site lighting into the riparian area. See examples of permitted fixtures in the graphic at SDC 4.5-110, page 249. GROUNDWATER PROTECTION SDC 3.2-425G.4. states: Proposed development utilizing hazardous materials that may impact groundwater quality shall be as specified in section 3.3-200. Finding: A Drinking Water Protection (DWP) application is required for this development. To date, the applicant has not submitted the required DWP application. See findings and conditions under Overlay Districts below. As conditioned therein, ground water resources will be protected in accordance with SDC Article 17. NOISE Springfield Development Code contains Campus Industrial District Performance Standards which regulate noise generated by any machinery or equipment on the development site. The noise generated by the proposed generator is regulated by SDC 3.2-425G.6. which states: These standards apply to noise generated by any machinery or equipment on the development site. The maximum permitted noise levels in decibels across lot lines and district boundaries shall be in accordance with OAR 340-035-0035, Noise Control Standards for Industry and Commerce. Site Plan DRC 2007-00060 20 Finding: The applicant proposes to install a generator near the east property line. The applicant did not submit information to identify the type of generator or to demonstrate conformance with SDC 3.2-425G.6. Finding: Noise from emergency generators is identified at OAR 340-035-0035 (1)(A) as a “New Source Located on Previously Used Site.” The rule states that noise levels from new sources cannot “exceed the levels specified in Table 8, except as otherwise provided for these rules.” OAR 340-035-0035 (5) specifically exempts emergency equipment not operated on a regular or scheduled basis. If the intent of the proposed generator is to provide electrical power for computer back-up purposes in the event of a power outage, it could qualify as an emergency generator. Generally, these generators are equipped with a programmable testing timer. This allows periodic testing of the equipment and systems to assure proper operation of the generator in the event of an emergency. The programmable timer allows flexibility in determining when the testing will take place. Testing could take place during the day or at night and generally would last for 15-20 minutes, this would occur 3-4 times a month with a slightly longer annual test. Finding: The applicant has not submitted information into the record which states that the proposed emergency generator will not be operated on a regular or scheduled basis. Therefore staff cannot determine whether the proposed generator qualifies as an exemption under OAR 340-035-0035 (5). Condition 21: Prior to Final Site Plan approval, the applicant shall provide evidence into the record which demonstrates that the development proposal is consistent with OAR 340-035- 0035, Noise Control Standards for Industry and Commerce and SDC 3.2-425G.6. The applicant shall provide manufacturer’s spec sheets to demonstrate conformance with this condition. Acoustical screening or containment features and properties shall be shown in the Final Site Plan. VIBRATION - SDC 3.2-425G.8. Finding: The applicant has not submitted information into the record to demonstrate that the proposed generator will be equipped with integral vibration isolation. Condition 22: Prior to Final Site Plan approval, the applicant shall provide evidence into the record which demonstrates that the development proposal is consistent with SDC 3.2-425G.8. CAMPUS INDUSTRIAL DESIGN STANDARDS SCREENING SDC 4.4-110 A.2. requires screening for outdoor mechanical devices. SUB typically serves commercial development sites with above ground utility vaults. Condition 23: The Final Site Plan shall depict final locations of all above ground outdoor mechanical devices. If final locations are unknown at time of Final Site Plan submittal, the applicant shall submit an addendum prior to the final site inspection which shows vault locations and which demonstrates that vaults, generators and other outdoor equipment shall be screened with landscaping to the maximum extent practicable, in accordance with SDC 4.4-110 A.2. The applicant is encouraged to get approval of locations from Springfield Fire and Life Safety and Springfield Utility Board to ensure good integration into the site design. Building permit and PIP plans shall be coordinated with the approved Final Site Plan and landscape plans. Site Plan DRC 2007-00060 21 PEDESTRIAN WALKWAYS SDC 3.2-445D. states: Walkways from parking lots to building entrances. Internal pedestrian walkways shall be developed for persons who need access to the buildings from the parking lots. The walkways shall be located within the lots and shall be designed to provide access from the lots to the entrances of the buildings. The walkways shall be distinguished from the parking and driving areas by use of any of the following materials: special pavers, brick, raised elevation, scored concrete or other materials as approved by the Director. Finding: The applicant’s plans propose walkways from parking lots to building entrances. But plans do not specify the paving material. Please note that SDC 3.2-445D. does not list crosshatch striping as a material to be used for this purpose in the CI District. The Director finds that crosshatch striping is not a permanent material and does provide a tactile warning, thus, consistent with what was required at other developments in the Campus Industrial District the following condition of approval is required. Condition 24: In accordance with SDC 3.2-445D. , the Final Site Plan shall specify that walkways from parking lots to building entrances shall be paved with materials which are distinguished from the parking and driving areas by use of any of the following materials: special pavers, brick, raised elevation, or scored concrete. HEIGHT STANDARDS Finding: The proposed three story building height is approximately 45 feet. Building height is consistent with SDC 3.2-420, however, roof-mounted solar collectors and other equipment will exceed the 45-foot limit. The applicant has submitted an application for Minor Variance (DRC2007-00061). Minor Variance approval is being issued concurrently with the Site Plan decision. Finding: The applicant’s narrative (page 6) makes reference to roof-mounted “communication satellite equipment”. No satellite equipment is shown in the architect’s plans. Condition 25: In the Final Site Plan, the applicant shall identify the proposed communication satellite equipment communication satellite equipment (if proposed). Please note that Wireless Telecommunication System Facilities (WTS) if proposed, require review for compliance with SDC 4.3-145. CAMPUS INDUSTRIAL DESIGN STANDARDS SDC 3.2-445 A.4.b. states: The architectural design of the building roof shall also incorporate features which screen all heating, ventilation and air conditioning units from adjacent LDR and MDR properties and the street. Mechanical equipment shall also be buffered so that noise emissions do not exceed the standards specified in Section 3.2-425G.6. The City may require a noise study certified by a licensed acoustical engineer for compliance verification. Finding: Upon request by staff, the applicant submitted the following simulations to depict visibility of rooftop equipment from the adjacent International Way. From these graphics, it does not appear that rooftop equipment will be visible. The applicant did not address noise emissions. The following condition is imposed to ensure compliance with SDC 3.2-445 A.4.b. Site Plan DRC 2007-00060 22 View of proposed building from Maple Island roundabout View of proposed building from International Way Condition 26: In the Final Site Plan and building permit plans, the architectural design of the building roof shall incorporate features which screen all heating, ventilation and air conditioning units from the street, if such units are visible from the street. Solar collectors are exempt from this condition. Mechanical equipment shall also be buffered so that noise emissions do not exceed the standards specified in Section 3.2-425G.6. The applicant shall provide details of visual and acoustical screening or an analysis by a licensed acoustical engineer. The City may require a noise study certified by a licensed acoustical engineer for compliance verification. Site Plan DRC 2007-00060 23 LANDSCAPING SDC4.4-100 Finding: Gateway Refinement Plan policies call for screening of commercial parking lots from public rights of way. The applicant’s plans appear to meet this requirement but some plants are not labeled. Condition 27: The Final Site Plan landscape plan shall specify plantings which will screen parked cars from public rights of way and where possible, shall provide for screening of all above ground utility vaults, Condition 28: A planter strip is required at the corner of the Maple Island Roundabout to the southerly driveway. North of the driveway, setback sidewalks may be installed, with street trees located within 10 feet of the sidewalk. The applicant shall revise the landscape plan as plans are made available to show the required landscaping along future Maple Island Road, including street trees at 30-foot intervals consistent with the Engineering Design Standards Manual Chapter 6. Street tree locations shall be shown in the PIP plans in relationship to street lights. Landscaping near the roundabout and driveways shall meet applicable vision clearance standards [SDC 4.2-130]. See additional findings and conditions regarding riparian area planting plan on page 11. Conclusion: As conditioned, the proposed site plan satisfies this sub-element of the criterion. Conformance with Overlay Districts and Applicable Refinement Plan Requirements REFINEMENT PLAN REQUIREMENTS Finding: The proposed development is within the Gateway Refinement Plan area. Conclusion: As conditioned, the proposed development is in accordance with the policies of the Gateway Refinement Plan. OVERLAY DISTRICT REQUIREMENTS DRINKING WATER PROTECTION OVERLAY DISTRICT Finding: According to the City’s Wellhead Protection Maps, the subject site is within the boundaries of the Drinking Water Protection (DWP) Overlay District. The proposed development is located within the Drinking Water Protection Overlay District, 0-1 year Time of Travel Zone (TOTZ). The applicant is required to demonstrate that the proposal will protect drinking water in accordance with SDC 3.3-200. Where the proposed use(s), occupancy or tenancy of the subject property will affect use, storage, and/or production of hazardous materials that pose a risk to ground water or increase the quantity of hazardous materials that pose a risk to ground water, secondary containment must be provided in accordance with the applicable TOTZ standards. In some cases (e.g. retailers which store and sell products containing hazardous materials), industrial uses, medical facilities, etc.), building permit plans and/or site plans may need to incorporate secondary containment and/or other protective measures (e.g. special flooring designs and drain shut-off valves to manage spills). In accordance with SDC 3.3-225, a DWP Overlay District Development Application is required if the proposed land use will affect the storage, use, production or stored quantity of hazardous materials that pose a risk to groundwater. The applicant was given informational materials to determine whether the proposed land use will involve use and storage of hazardous materials. Finding: A Drinking Water Protection application has not been submitted concurrently as of the date of this decision. Thus, the required Hazardous Materials Inventory Statement, MSDS Site Plan DRC 2007-00060 24 and other information required by SDC 3.3-225D have not been submitted to and reviewed by the Water Quality Protection Coordinator at Springfield Utility Board. Specific secondary containment features or other protective measures may be required for this development and may affect building permit plans and the Final Site Plan. Contact Amy Chinitz, Water Quality Protection Coordinator at Springfield Utility Board at (541) 744-3745 if you have questions regarding the regulated materials associated with the proposed use and to discuss secondary containment requirements. Finding: The applicant has not demonstrated that the proposal will protect drinking water in accordance with SDC 3.3-200, thus conditions have been imposed on site plan approval to ensure that Springfield’s ground water resources within the highly sensitive nature of the 0-1 TOTZ will be protected in accordance with the Code. Condition 29: The applicant shall submit a complete Drinking Water Protection (DWP) Overlay District application for review by staff prior to Final Site Plan approval. The application shall contain all documentation required in SDC Section 3.3-200 and shall demonstrate that the proposed business park development, including all future building tenants, will protect drinking water in accordance with SDC 3.3-200. The required Hazardous Materials Inventory Statement, MSDS and other information required by SDC 3.3-225D shall be accepted as complete by the Water Quality Protection Coordinator at Springfield Utility Board. Where the proposed use(s), occupancy or tenancy of the subject property will affect use, storage, and/or production of hazardous materials that pose a risk to ground water or increase the quantity of hazardous materials that pose a risk to ground water, secondary containment and/or other protective measures must be provided in accordance with the applicable 0-1 year Time of Travel Zone (TOTZ) standards at SDC 3.3-200. Any required secondary containment or other protection mechanisms or practices, to be determined upon review of the complete DWP application, shall be shown in the Final Site Plan and building permit plans. Please note that an MSDS for the generator fuel will be required. Condition 30: Since DWP approval cannot be confirmed until all secondary containment facilities are inspected by the Fire and Life Safety Department, the following provision shall be included in the Site Plan Development Agreement: 1. “Completion of a satisfactory Drinking Water Protection (DWP) Overlay District inspection is required prior to issuance of the occupancy permit. The Fire Department and the Drinking Water Protection Coordinator at Springfield Utility Board shall inspect all storage areas containing hazardous materials and all containment monitoring systems to ensure that safe containment is provided for each listed hazardous material in conformance with all applicable requirements.” 2. “Approval of the Drinking Water Protection (DWP) Overlay District application is required prior to issuance of an occupancy permit. The applicant shall meet all conditions of approval required by the Drinking Water Protection Overlay District decision.” Condition 31: Completion of a satisfactory Drinking Water Protection (DWP) Overlay District inspection is required prior to issuance of the occupancy permit. When the construction project is nearing completion, the applicant shall contact the Water Quality Protection Coordinator at Springfield Utility Board (Amy Chinitz at (541) 747-7348) to schedule and coordinate on-site DWP inspection(s) and approval of secondary containment and/or other protective measures. Site Plan DRC 2007-00060 25 Condition 32: Prior to issuance of an occupancy permit, the applicant shall provide a draft copy of the lease agreement (and any maintenance agreement(s) for future tenants of the property. The agreement shall include the following language: The property is located within the boundaries of the Drinking Water Protection (DWP) Overlay District and is subject to the 0-1 year Time of Travel Zone (TOTZ) Time of Travel Zone Standards. The occupant is required to demonstrate that the proposed use will protect drinking water in accordance with SDC 3.3-200. Where the proposed use(s), occupancy or tenancy of the subject property will affect use, storage, and/or production of hazardous materials that pose a risk to ground water or increase the quantity of hazardous materials that pose a risk to ground water, secondary containment must be provided in accordance with the applicable TOTZ standards. Prior to tenant occupancy, submit a copy of the lease agreement to the Development Services Department. Prior to issuance of occupancy, approval of a Drinking Water Protection Overlay District application is required if the proposed occupancy will affect the storage, use, and/or production of hazardous materials that pose a risk to groundwater; or increase the quantity of hazardous materials that pose a risk to groundwater that are stored, used and/or produced and such materials are not exempted in SDC 3.3-230. Finding: Approval of all activities relating to the storage of material regulated by SDC 3.3-200 shall be subject to the applicant satisfying all applicable DWP Criteria of Approval; therefore in order for this Site Plan Review application to comply with the wellhead protection standards of the SDC, the following conditions of approval are necessary: Condition 33: In accordance with SDC 3.3-235A.1: Within the 0-1 year TOTZ, hazardous materials that pose a risk to groundwater may be stored in aggregate quantities of no more than 500 gallon if in original containers not exceeding 5 gallons in size. Within that aggregated 500- gallon inventory, no more than 150 gallons of hazardous materials that pose a risk to groundwater may be on the premises in opened containers for handling, treatment, use, production, or dispensing on site. Hazardous materials that pose a risk to groundwater are allowed only upon compliance with containment and safety standards specified by the most recent Fire Code adopted by the City. In accordance with SDC 3.3-235A.2, unless exempted, all hazardous materials that pose a risk to groundwater shall be stored in areas with approved secondary containment in place. In accordance with SDC 3.3-235A.3, all new uses of DNAPLs are prohibited. DNAPLs are defined in SDC Article 2 as follows: A group of hazardous materials that are denser than water/have a specific gravity greater than 1.0, have a low solubility rate, and degrade slowly to other compounds that are even more of a health hazard. For the purpose of Springfield’s drinking water protection, DNAPL chemicals are defined as “all chemicals displaying characteristics of a DNAPL chemical or a material containing a substance considered a DNAPL chemical.” DNAPLs are further defined as having a specific gravity (or density) greater than 1.0 and solubility rate of less than 10 grams /liter (or 1%). A list of DNAPL chemicals regulated within the Drinking Water Protection Overlay District was adopted by SUB on November 10, 1999 and was incorporated as part of Springfield Development Code Article 17, adopted by Springfield City council on May 15, 2000. Any change in type of use or storage of products containing DNAPLs is prohibited. Condition 34: In the Final Site Plan, the cover sheet shall specify that the site development is located within Springfield’s Drinking Water Protection Overlay District and is subject to the standards of the 0-1 year TOTZ Standards in SDC 3.3-235A and shall include Drinking Water Protection Notes to ensure compliance with the text of Conditions 28, and 30-34. Condition 35: To alert contractors to prevent introduction of hazardous materials that pose a risk to groundwater during site construction (including the public improvement project), the Site Plan DRC 2007-00060 26 applicant shall install 11 x 17” wellhead protection area signs in locations approved by Amy Chinitz at Springfield Utility Board (541) 744-3745 SUB on the site prior to commencement of construction. Condition 36: To protect ground water from contamination, the final site plan and building permit plans shall indicate that rooftop mounted equipment and other fluid-containing equipment located outside the building shall be sealed and provided with secondary containment or a weather resistant enclosure to prevent any spills from migrating into the stormwater drainage system. Solid waste receptacles shall be stored under cover, hydraulically isolated, and shall be drained to the sanitary sewer system. Condition 37: To prevent introduction of hazardous materials that pose a risk to groundwater via the parking lot stormwater management system, the applicant shall install permanent 11 x 17” wellhead protection area signs (see Attachment 1), or to incorporate another form of informational signage approved by SUB, within the parking lot prior to occupancy. In addition, wellhead protection area signs shall be installed adjacent to any loading areas and trash enclosures to alert users of the facility to the importance of reporting and cleaning up any spills. Signs shall be installed prior to issuance of occupancy. Condition 38: To protect ground water from contamination, all soil amendments and landscape treatments containing hazardous materials that pose a risk to groundwater shall be applied only in accordance with manufacturer specifications and in a manner which reduces risk to groundwater contamination to the maximum extent possible. Any excess fertilizer or herbicide brought to the site that is not used during the application will be removed from the site immediately upon completion of the maintenance activity. Condition 39: To protect ground water from contamination, no potentially deleterious materials, including landscape materials, shall be allowed to be open to rainfall. The applicant shall designate a specific covered storage area for any materials to be stored on site. These storage areas shall be designed and graded to drain to one or more inlets connected to the sanitary sewer system and shall preclude drainage from any other portion of the site from entering the collection system. Conclusion: As conditioned, the potential impacts of the applicant’s proposal on Springfield’s ground water resources will be evaluated prior to Final Site Plan approval and prior to issuance of building permits. As conditioned, Springfield’s ground water resources will be protected in accordance with SDC Section 3.3-200. FLOODPLAIN OVERLAY DISTRICT Finding: According to FIRM Map Number 41039C1133F, the subject property is located within the 100 year floodway defined by the Federal Emergency Management Agency (FEMA), thus the applicant must demonstrate conformance with SDC 3.3-400 Flood Plain Overlay District. The previously issued Flood Plain Overlay District permit addressed the initial site work and did not address the development proposed in the subject application, thus a second Flood Plain Overlay District is required and has been submitted by the applicant. As of the date of this decision, the Flood Plain Overlay District approval has not been issued, thus the following condition of approval is required. Site Plan DRC 2007-00060 27 Condition 40: Prior to Final Site Plan approval, and prior to issuance of a new LDAP for the site development, the applicant shall received approval of Flood Plain Overlay District application case number SHR2007-00007. The Final Site Plan and PIP plans shall address all Flood Plain Overlay District conditions. The applicant shall indicate the proposed finished grade elevations for the “future” Maple Island Road. The finished road elevations shall be at an elevation of not less than one foot below the base flood elevation, as established as shown on plan sheet C1. Conclusion: As conditioned, the potential impacts of the applicant’s proposal on Springfield’s floodplain will be evaluated prior to Final Site Plan approval and prior to issuance of building permits. Conclusion: As conditioned, the proposal satisfies Site Plan Criteria of Approval B and C. Criterion D SDC 5.17-125 D. 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; minimize curb cuts 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. Finding: As proposed and as conditioned above, the proposed site plan provides parking areas and ingress-egress points which are 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; minimize curb cuts 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. Conclusion: The proposal satisfies Criterion D. Criterion E SDC 5.17-125 E. Physical features, including but not limited to: steep slopes with unstable soil or geologic conditions; areas with susceptibility of flooding; significant clusters of trees and shrubs, watercourses shown on the WQLW Map and their associated riparian areas, wetlands, rock outcroppings and areas of historic and/or archaeological significance, as may be specified in Section 3.3-900 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. Finding: The Natural Resources Study, the National Wetlands Inventory, the Springfield Wetland Inventory Map, the Water Quality Limited Waterways Map, applicable refinement plans, the Wellhead Protection Overlay District Map and the list of Historic Landmark Sites have been consulted. The proposed site plan does not affect other any physical features on the subject property which require evaluation or protection. Site Plan DRC 2007-00060 28 Finding: Maple Island Slough and wetlands therein have been addressed on page 16. The applicant’s plans provide a riparian area development setback in accordance with the Code. Finding: Wellhead Protection has been addressed above under OVERLAY DISTRICTS. Finding: The site is not known to contain areas of historic and/or archaeological significance. Conclusion: As conditioned, the proposal satisfies Criterion E. CONCLUSION: The Site Plan as submitted is in conformance with the applicable Criteria 1-5 of SDC 31.060. CONDITIONS OF APPROVAL: Condition 1: Construction of the “future” Maple Island Road, associated public improvements and interim driveway connection as shown by the applicant on plans sheets A1.1 and C2 shall occur under the City’s Public Improvement Process (PIP). This shall include construction of the paved asphalt surface, curbs, gutters, sidewalk, planter strip, street trees, as well as necessary utilities as shown on plan sheet C2. Condition 2: The applicant shall construct the full driveway/roadway section for Maple Island Road extension from the radius return of the roundabout, to the point just north of the northern-most driveway as proposed. The design for this facility shall include street lighting in accordance with adopted City standards. Design details for the driveway/roadway shall be established during the PIP process. Condition 3: The sidewalk between the reconstructed roundabout and the southern site driveway shall be designed and constructed as a setback sidewalk to match the City project. Prior to Final Site Plan approval, the applicant shall provide a public sidewalk easement for the portion of sidewalk along the Maple Island Extension that falls outside street right-of-way. Condition 4: If the applicant desires issuance of an occupancy permit prior to completion of the public sidewalk along the future Maple Island Road, the applicant shall provide and maintain a temporary ADA - compliant accessible route to/from the International Way right of way. The Final Site Plan shall depict the temporary accessible route. The route shall be located to provide convenient, direct access from the public rights of way and future EmX station to be located adjacent to the site. Condition 5: Street lights shall be provided along the Maple Island Road extension. Street lighting design and construction shall be in accordance with City of Springfield, Engineering Design Standards and Procedure. Condition 6: Provide and maintain adequate vision clearance triangles at the corners of all site driveways per SDC 4.2-130. Condition 7: The Final Site Plan shall depict the extension of sanitary sewer service to the northern property line in the future Maple Island Road right-of-way. Condition 8: The Final Site Plan shall demonstrate management of the stormwater runoff from the “future” Maple Island Road will be directed to the existing public storm drainage system. The applicant shall construct any necessary drainage facilities under the PIP. Site Plan DRC 2007-00060 29 No Condition 9. Condition 10: Prior to Final Site Plan approval, the applicant shall submit stormwater flow calculations for the existing condition in the 2 and 25-year storm events, along with a hydrological basin boundary map for the existing condition. Condition 11: To prevent pollutants in parking lot stormwater runoff from entering infiltration facilities and thus to protect the sensitive groundwater resources of the 0-1 year TOTZ Drinking Water Protection Overlay district, sheet C2 of the Final Site Plan, shall be revised. All catch basins which collect and direct drainage from the proposed parking lots shall be double-chambered catch basins with oil filtering media in the inlet chamber. The applicant shall provide a copy of a maintenance contract for regular cleaning. Condition 12: Prior to Final Site Plan approval, the applicant shall add a note to the plan set indicating that the infiltration swale area should be clearly marked before site work begins to avoid disturbance of soil during construction. Vehicular traffic should not be allowed within 10 feet of the bottom of the swale, with the exception of that equipment specifically used to construct the facility. Condition 13: In the Final Site Plan, the applicant shall include scaled cross section details and construction specifications for the vegetated infiltration and swale. To protect groundwater, the designs shall incorporate a 6-inch thick clay liner (with a minimum of 35% clay content. Filter fabric is not an approved substitute for the clay liner. The infiltration basin shall be redesigned to provide a minimum time of concentration of 9 minutes prior to infiltration to protect sensitive groundwater resources. The first section of the basin shall be clay-lined to prevent infiltration. The “topsoil” mix shall be a specifically designed treatment soil media to provide water quality treatment (minimum 12-inch depth). The treatment soil media mixture shall be specified on the plans by the project landscape architect and shall include a certified clean compost component and commercially available biological organisms (endomycorrhizal or arbuscular mycorrhizal fungi) to establish a healthy soil biota in the filtration media. The civil and landscape plans shall provide scaled cross sections, specifications, notes or details sufficient to that ensure construction of these facilities is consistent with this condition and the approved Final Site Plan. Condition 14: To ensure the long-term filtration capacity of the treatment soil media, sediment and debris shall be cleaned from the paved areas which drain into the vegetated stormwater management facilities on a regular basis. Prior to issuance of an occupancy permit, the applicant shall provide an Operation and Maintenance Plan and copy of a maintenance contract for the stormwater management system which includes provision for regular cleaning of the parking lots on a quarterly basis (or more frequently as needed) and for regular pumping/cleaning of catch basins. Condition 15: To ensure a fully functioning water quality system and meet objectives of Springfield’s MS4 permit, the Springfield Development Code and the EDSPM, the proposed vegetative water quality swales shall be shall be fully vegetated with all vegetation species fully established prior to issuance of an occupancy permit. Alternatively, if this condition cannot be fully met prior to issuance of occupancy, the applicant shall construct the swale as designed, then provide and maintain additional interim erosion control/water quality measures acceptable Site Plan DRC 2007-00060 30 to the Public Works Department that will suffice until such time as the swale vegetation becomes fully established. Condition 16: The Final Site Plan shall include a revised landscape plan (sheet L1) which provides the final riparian area planting proposal (or provide an addendum). The plan shall depict and label the riparian area setback line and the BPA easement. The planting plan shall address protection of riparian area functions to the maximum extent practical given the easement restriction. Native riparian species trees and shrubs shall be provided as allowed by BPA. Provide documentation from BPA regarding restriction of vegetation. If trees and/or shrubs are not permissible within the easement, the trees shown in the applicant’s proposal (sheet L1 dated 17 Oct 2007) or other appropriate species shall be relocated north of the easement. Shrub cover or small trees shall be provided between the pavement and the infiltration basin and shall be placed to provide screening between the parking lot and the Maple Island Slough and McKenzie River corridor, as required by Gateway Refinement Plan policies [GRP Commercial Element Policy 2.2 and Residential Element Policy and Implementation Action 12.4, SDC 5.17-125 C.]. Condition 17: Prior to Final Site Plan approval, the applicant shall contact Ed Head at SUB Electric, [(541) 744-3707] to review SUB’s proposed public utility easement locations to coordinate the efficient and orderly provision of electrical service to the subject property. The easements shall be shown in the Final Site Plan. Easement locations adjacent to future rights of way shall be depicted based on the right of way information available at the time of submittal. All public utility easements shall be recorded by the applicant prior to issuance of a building occupancy permit. The applicant shall provide an addendum to the Final Site Plan which depicts the final easement locations. If the LTD EmX project requires the dedication of right of way along International Way, vacation or modification of the existing easement(s), if necessary, shall be coordinated with the right of way dedication. Condition 18: Prior to Final Site Plan approval, the applicant shall provide information from the generator manufacturer which demonstrates that emissions from the generator will not be discernable at the property line by a human observer relying on a person’s sense without the aid of a device, as required by SDC 3.2-425G.1. Condition 19: Prior to Final Site Plan approval, the applicant shall provide information to demonstrate that all activities involving the use, storage and/or disposal of flammable or explosive materials shall comply with the Uniform Fire Code as most recently adopted by the City. Engineered drawings and specification sheets shall be submitted as part of the building permit application. At the time of building permit application, the applicant will be required to apply for an operations permit for flammable and combustible liquids with Springfield Fire and Life Safety pursuant to 2004 Springfield Fire Code/2007 Oregon Fire Code 105.6.16). The generator specs and fuel shall be identified in the Drinking Water protection application. Condition 20: In the Final Site Plan, the lighting plan shall be revised to specify fixtures equipped with full cut-off optics and/or shields consistent with SDC 4.5-110. The lighting plan shall be revised to eliminate light spill from the site lighting into the riparian area. See examples of permitted fixtures in the graphic at SDC 4.5-110, page 249. Condition 21: Prior to Final Site Plan approval, the applicant shall provide evidence into the record which demonstrates that the development proposal is consistent with OAR 340-035- 0035, Noise Control Standards for Industry and Commerce and SDC 3.2-425G.6. The applicant Site Plan DRC 2007-00060 31 shall provide manufacturer’s spec sheets to demonstrate conformance with this condition. Acoustical screening or containment features and properties shall be shown in the Final Site Plan. Condition 22: Prior to Final Site Plan approval, the applicant shall provide evidence into the record which demonstrates that the development proposal is consistent with SDC 3.2-425G.8. Condition 23: The Final Site Plan shall depict final locations of all above ground outdoor mechanical devices. If final locations are unknown at time of Final Site Plan submittal, the applicant shall submit an addendum prior to the final site inspection which shows vault locations and which demonstrates that vaults, generators and other outdoor equipment shall be screened with landscaping to the maximum extent practicable, in accordance with SDC 4.4-110 A.2. The applicant is encouraged to get approval of locations from Springfield Fire and Life Safety and Springfield Utility Board to ensure good integration into the site design. Building permit and PIP plans shall be coordinated with the approved Final Site Plan and landscape plans. Condition 24: In accordance with SDC 3.2-445D. , the Final Site Plan shall specify that walkways from parking lots to building entrances shall be paved with materials which are distinguished from the parking and driving areas by use of any of the following materials: special pavers, brick, raised elevation, or scored concrete. Condition 25: In the Final Site Plan, the applicant shall identify the proposed communication satellite equipment communication satellite equipment (if proposed). Please note that Wireless Telecommunication System Facilities (WTS) if proposed, require review for compliance with SDC 4.3-145. Condition 26: In the Final Site Plan and building permit plans, the architectural design of the building roof shall incorporate features which screen all heating, ventilation and air conditioning units from the street, if such units are visible from the street. Solar collectors are exempt from this condition. Mechanical equipment shall also be buffered so that noise emissions do not exceed the standards specified in Section 3.2-425G.6. The applicant shall provide details of visual and acoustical screening or an analysis by a licensed acoustical engineer. The City may require a noise study certified by a licensed acoustical engineer for compliance verification. Condition 27: The Final Site Plan landscape plan shall specify plantings which will screen parked cars from public rights of way and where possible, shall provide for screening of all above ground utility vaults, Condition 28: A planter strip is required at the corner of the Maple Island Roundabout to the southerly driveway. North of the driveway, setback sidewalks may be installed, with street trees located within 10 feet of the sidewalk. The applicant shall revise the landscape plan as plans are made available to show the required landscaping along future Maple Island Road, including street trees at 30-foot intervals consistent with the Engineering Design Standards Manual Chapter 6. Street tree locations shall be shown in the PIP plans in relationship to street lights. Landscaping near the roundabout and driveways shall meet applicable vision clearance standards [SDC 4.2-130]. Condition 29: The applicant shall submit a complete Drinking Water Protection (DWP) Overlay District application for review by staff prior to Final Site Plan approval. The application shall contain all documentation required in SDC Section 3.3-200 and shall demonstrate that the Site Plan DRC 2007-00060 32 proposed business park development, including all future building tenants, will protect drinking water in accordance with SDC 3.3-200. The required Hazardous Materials Inventory Statement, MSDS and other information required by SDC 3.3-225D shall be accepted as complete by the Water Quality Protection Coordinator at Springfield Utility Board. Where the proposed use(s), occupancy or tenancy of the subject property will affect use, storage, and/or production of hazardous materials that pose a risk to ground water or increase the quantity of hazardous materials that pose a risk to ground water, secondary containment and/or other protective measures must be provided in accordance with the applicable 0-1 year Time of Travel Zone (TOTZ) standards at SDC 3.3-200. Any required secondary containment or other protection mechanisms or practices, to be determined upon review of the complete DWP application, shall be shown in the Final Site Plan and building permit plans. Please note that an MSDS for the generator fuel will be required. Condition 30: Since DWP approval cannot be confirmed until all secondary containment facilities are inspected by the Fire and Life Safety Department, the following provision shall be included in the Site Plan Development Agreement: 3. “Completion of a satisfactory Drinking Water Protection (DWP) Overlay District inspection is required prior to issuance of the occupancy permit. The Fire Department and the Drinking Water Protection Coordinator at Springfield Utility Board shall inspect all storage areas containing hazardous materials and all containment monitoring systems to ensure that safe containment is provided for each listed hazardous material in conformance with all applicable requirements.” 4. “Approval of the Drinking Water Protection (DWP) Overlay District application is required prior to issuance of an occupancy permit. The applicant shall meet all conditions of approval required by the Drinking Water Protection Overlay District decision.” Condition 31: Completion of a satisfactory Drinking Water Protection (DWP) Overlay District inspection is required prior to issuance of the occupancy permit. When the construction project is nearing completion, the applicant shall contact the Water Quality Protection Coordinator at Springfield Utility Board (Amy Chinitz at (541) 747-7348) to schedule and coordinate on-site DWP inspection(s) and approval of secondary containment and/or other protective measures. Condition 32: Prior to issuance of an occupancy permit, the applicant shall provide a draft copy of the lease agreement (and any maintenance agreement(s) for future tenants of the property. The agreement shall include the following language: The property is located within the boundaries of the Drinking Water Protection (DWP) Overlay District and is subject to the 0-1 year Time of Travel Zone (TOTZ) Time of Travel Zone Standards. The occupant is required to demonstrate that the proposed use will protect drinking water in accordance with SDC 3.3-200. Where the proposed use(s), occupancy or tenancy of the subject property will affect use, storage, and/or production of hazardous materials that pose a risk to ground water or increase the quantity of hazardous materials that pose a risk to ground water, secondary containment must be provided in accordance with the applicable TOTZ standards. Prior to tenant occupancy, submit a copy of the lease agreement to the Development Services Department. Prior to issuance of occupancy, approval of a Drinking Water Protection Overlay District application is required if the proposed occupancy will affect the storage, use, and/or production of hazardous materials that pose a risk to groundwater; or increase the quantity of hazardous materials that pose a risk to groundwater that are stored, used and/or produced and such materials are not exempted in SDC 3.3-230. Site Plan DRC 2007-00060 33 Condition 33: In accordance with SDC 3.3-235A.1: Within the 0-1 year TOTZ, hazardous materials that pose a risk to groundwater may be stored in aggregate quantities of no more than 500 gallon if in original containers not exceeding 5 gallons in size. Within that aggregated 500- gallon inventory, no more than 150 gallons of hazardous materials that pose a risk to groundwater may be on the premises in opened containers for handling, treatment, use, production, or dispensing on site. Hazardous materials that pose a risk to groundwater are allowed only upon compliance with containment and safety standards specified by the most recent Fire Code adopted by the City. In accordance with SDC 3.3-235A.2, unless exempted, all hazardous materials that pose a risk to groundwater shall be stored in areas with approved secondary containment in place. In accordance with SDC 3.3-235A.3, all new uses of DNAPLs are prohibited. DNAPLs are defined in SDC Article 2 as follows: A group of hazardous materials that are denser than water/have a specific gravity greater than 1.0, have a low solubility rate, and degrade slowly to other compounds that are even more of a health hazard. For the purpose of Springfield’s drinking water protection, DNAPL chemicals are defined as “all chemicals displaying characteristics of a DNAPL chemical or a material containing a substance considered a DNAPL chemical.” DNAPLs are further defined as having a specific gravity (or density) greater than 1.0 and solubility rate of less than 10 grams /liter (or 1%). A list of DNAPL chemicals regulated within the Drinking Water Protection Overlay District was adopted by SUB on November 10, 1999 and was incorporated as part of Springfield Development Code Article 17, adopted by Springfield City council on May 15, 2000. Any change in type of use or storage of products containing DNAPLs is prohibited. Condition 34: In the Final Site Plan, the cover sheet shall specify that the site development is located within Springfield’s Drinking Water Protection Overlay District and is subject to the standards of the 0-1 year TOTZ Standards in SDC 3.3-235A and shall include Drinking Water Protection Notes to ensure compliance with the text of Conditions 28, and 30-34. Condition 35: To alert contractors to prevent introduction of hazardous materials that pose a risk to groundwater during site construction (including the public improvement project), the applicant shall install 11 x 17” wellhead protection area signs in locations approved by Amy Chinitz at Springfield Utility Board (541) 744-3745 SUB on the site prior to commencement of construction. Condition 36: To protect ground water from contamination, the final site plan and building permit plans shall indicate that rooftop mounted equipment and other fluid-containing equipment located outside the building shall be sealed and provided with secondary containment or a weather resistant enclosure to prevent any spills from migrating into the stormwater drainage system. Solid waste receptacles shall be stored under cover, hydraulically isolated, and shall be drained to the sanitary sewer system. Condition 37: To prevent introduction of hazardous materials that pose a risk to groundwater via the parking lot stormwater management system, the applicant shall install permanent 11 x 17” wellhead protection area signs (see Attachment 1), or to incorporate another form of informational signage approved by SUB, within the parking lot prior to occupancy. In addition, wellhead protection area signs shall be installed adjacent to any loading areas and trash enclosures to alert users of the facility to the importance of reporting and cleaning up any spills. Signs shall be installed prior to issuance of occupancy. Condition 38: To protect ground water from contamination, all soil amendments and landscape treatments containing hazardous materials that pose a risk to groundwater shall be Site Plan DRC 2007-00060 34 applied only in accordance with manufacturer specifications and in a manner which reduces risk to groundwater contamination to the maximum extent possible. Any excess fertilizer or herbicide brought to the site that is not used during the application will be removed from the site immediately upon completion of the maintenance activity. Condition 39: To protect ground water from contamination, no potentially deleterious materials, including landscape materials, shall be allowed to be open to rainfall. The applicant shall designate a specific covered storage area for any materials to be stored on site. These storage areas shall be designed and graded to drain to one or more inlets connected to the sanitary sewer system and shall preclude drainage from any other portion of the site from entering the collection system. Condition 40: Prior to Final Site Plan approval, and prior to issuance of a new LDAP for the site development, the applicant shall received approval of Flood Plain Overlay District application case number SHR2007-00007. The Final Site Plan and PIP plans shall address all Flood Plain Overlay District conditions. The applicant shall indicate the proposed finished grade elevations for the “future” Maple Island Road. The finished road elevations shall be at an elevation of not less than one foot below the base flood elevation, as established as shown on plan sheet C1. WHAT NEEDS TO BE DONE BY THE APPLICANT TO OBTAIN FINAL SITE PLAN APPROVAL? FINAL SITE PLAN: A Final Site Plan Application, the Final Site Plan Fee, five copies of a Final 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. This decision is based on the submitted Tentative Site Plan. The Final Site Plan must show conformity with the Tentative Site Plan, compliance with SDC 5.17-125 Criteria of Approval A-E, and the conditions of approval. The Final Site Plan shall become null and void if construction has not begun within two years of Final Site Plan approval, i.e. the signing of a Development Agreement. A single one-year extension may be granted by the Director upon receipt of a written request by the applicant including an explanation of the delay. Work under progress shall not be subject to Development Approval expiration. DEVELOPMENT AGREEMENT: In 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. This 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. A Building Permit shall be issued by the Building Official only after the Development Agreement has been signed by the applicant and the Director. No building or structure shall be occupied until all improvements are made in accordance with this Article, except as specified in SDC 5.17 - 150, Security and Assurances. Upon satisfactory completion of site development, as determined by a Final Site Inspection (prior to the final building inspection), the City shall authorize the provision of public facilities and services and issue a Certificate of Occupancy. NOTES: • An encroachment permit and a Land Drainage and Alteration Permit may be required for this development. The applicant shall not commence any construction activities on the site without an approved Land Drainage and Alteration Permit approved by City Public Works Department. Site Plan DRC 2007-00060 35 • Signs are regulated by the Springfield Municipal Code Article 9, Chapter 7. The number and placement of signs must be coordinated with the Community Services Division (726-3664). The location of signs shown in a site plan does not constitute approval from the Community Services Division. A separate sign permit is required. Additional Information: 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 at a cost of $0.75 for the first page and $0.50 for each additional page at the Development Services Department, 225 Fifth Street, Springfield, Oregon. Appeals: If you wish to appeal this Tentative Site Plan Approval, a Type II Limited Land Use decision, your application must comply with SDC 5.3-100, APPEALS. Appeals must be submitted on a City form and a fee of $250.00 must be paid to the City at the time of submittal. The fee will be returned to the appellant if the Planning Commission approves the appeal application. In accordance with SDC 5.3-115 which provides for a 15 day appeal period, the appeal period for this decision expires at 5:00 p.m. on January 3, 2007. Questions: Please contact Linda Pauly at the City of Springfield Urban Planning Division if you have questions regarding this process. Prepared by: Linda Pauly Planner III, 726-4608