HomeMy WebLinkAboutDecision Planner 2/8/2008Hawes Investments DRC2007-00060
February 8, 2008
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Final Site Plan Review
Case No. DRC2007-00060 Hawes Investments
Staff Report and Notice of Decision
February 8, 2008
Owner
Joseph R. Hawes
Hawes Investments, LLC
2982 Crescent Ave.
Eugene, OR 974708
Applicant’s Representative
Ted Corbin
Eric Hall Architects
116 Highway 99 N
Eugene, OR 97402
Map No. and Zoning
17-03-15-40 TL 500
Zoning: Campus Industrial
Site Address
400 International Way
Springfield, OR 97477
Proposed Project
Corporate headquarters with retail and food
service as secondary uses
Project Size
Lot: 266,192
Building: Approx 81,420 sq. ft.
Executive Summary
The applicant submitted a tentative site plan application on October 19, 2007. A tentative
approval was issued by staff on December 18, 2007 with thirty-nine conditions listed that
must be met to for final site plan approval. The applicant submitted the final site plan on
January 22, 2008. This report analyzes the new site plan against the conditions issued in
the December 18th tentative approval.
Based on the analysis of the revised site plan against the conditions set forth in the
tentative site plan approval, staff finds that the applicant has satisfied those conditions for
site plan approval. Certain conditions listed in the tentative site plan approval for
drinking water protection and fire and life safety shall be met at the time of construction
plan review, public improvement plan review and final inspections at the time of initial
occupancy. These are detailed in the Development Agreement attached to this decision
Tenants for portions of the structure intended for retail and food services on the site plan
were not identified at the time of this approval. Future tenants will be required to file
Drinking Water Protection applications and demonstrate compliance with both structural
and operational drinking water protection policies at the time they occupy the building.
Procedural Requirements
Section 5.4-100 (Table 5.4-1) of the Springfield Development Code Development
Applications shows that Final Site Plan Review is a Type I application. Type I decisions
are made by the Director without public notice and without public hearing. Under a Type
I procedure, the Director may approve, approve with conditions, or deny the application.
The Director’s decision shall address all of the applicable approval criteria and /or
development standards. The director’s decision is the final decision of the City. The
Director’s decision is effective on the day that it is mailed or otherwise provided to the
applicant.
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Criterion for Approval
Section 5.17-135 describes the Final Site Plan Review process and the approval criteria to
be applied when an application is submitted. The review criterion described in the
section states: “The submittal shall incorporate all approval conditions listed in the staff
report,” [referring to the staff report listing conditions of approval for the final site plan].
The body of this staff report and notice of decision compares the final site plan
submission against the conditions of approval listed in the Notice of Decision for the
tentative site plan (Case. No. DRC2007-00060) issued by staff on December 19, 2007.
“The submittal shall incorporate all approval conditions listed in the staff report”
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.
Applicants Comment: No action required at this time. PIP drawings are ready to be
submitted upon site review completion.
Staff Findings and Conclusion: The final site plan as amended by Addendum #2 received
on February 2, 2008 adequately addresses this condition.
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.
Applicant’s Comment: No action required at this time. PIP drawings are ready to be
submitted upon site review completion and design criteria has already been coordinated
with Public Works staff.
Staff Findings and Conclusion: The final site plan as amended by Addendum #2 received
on February 2, 2008 adequately addresses this condition.
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.
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Applicant’s Comment: Site plan drawings have been modified to provide for a public
sidewalk easement for the portion of sidewalk along the Maple Island extension that falls
outside proposed street right-of-way. Preparation, review, & recording of easement will
occur concurrently with the P.I.P. Process. Reference: Site Plan, Sheet A1.1
Staff Findings and Conclusion: The final site plan as amended by Addendum #2 received
on February 2, 2008 adequately addresses this condition.
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.
Applicant’s Comment: A temporary ADA accessible route has been provided for from
the International Way right-of-way to the front entry of our proposed building.
Reference: Site Plan, Sheet A1.1
Staff Findings and Conclusion: The final site plan as amended by Addendum #2 received
on February 2, 2008 adequately addresses this condition.
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.
Applicant’s Comment: No action required at this time. PIP drawings to be submitted
upon site review completion and street lighting has been coordinated with Public Works
staff.
Staff Findings and Conclusion: The final site plan as amended by Addendum #2 received
on February 2, 2008 adequately addresses this condition.
Condition 6: Provide and maintain adequate vision clearance triangles at the corners of
all site driveways per SDC 4.2-130.
Applicant’s Comment: Vision clearance triangles have been identified by site plan note
#2 and are shown at all proposed driveways in accordance with SDC 4.2-130. Reference:
Site Plan, Sheet A1.1
Staff Findings and Conclusion: The final site plan as amended by Addendum #2 received
on February 2, 2008 adequately addresses this condition.
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.
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Applicant’s Comment: Sanitary sewer service has been extended to the northern property
line in the future Maple Island right-of-way. Reference: Improvement & Public Utilities
Plan, Sheet C4.
Staff Findings and Conclusion: The final site plan as amended by Addendum #2 received
on February 2, 2008 adequately addresses this condition.
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.
Applicant’s Comment: No action required at this time. PIP drawings to be submitted
upon site review completion and storm water drainage system criteria has been
coordinated with Public Works staff.
Staff Findings and Conclusion: Addendum #2 submitted on February 4, 2008 modifies
site plan sheets A0.1, and inserts Sheet C6 and C7 to show how drainage from the future
Maple Island Road will be managed. The final site plan as amended by Addendum #2
received on February 2, 2008 adequately addresses this condition.
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.
Applicant’s Comment: Attached report delineates additional requested information.
Reference: Water Management Plan & Drainage Study.
Staff Findings and Conclusion: The final site plan as amended by Addendum #2 received
on February 2, 2008 adequately addresses this 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.
Applicant’s Comment: Civil drawings have been revised to include requested information.
A copy of the maintenance contract will be provided prior to issuance of final occupancy
permit. Reference: Civil Details, Sheet C4.
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Staff Findings and Conclusion: The final site plan as amended by Addendum #2 received
on February 2, 2008 adequately addresses this condition.
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.
Applicant’s Comment: Site Plan Note #16 added indicating infiltration swale area to be
clearly marked to avoid soil disturbance during construction. Reference: Site Plan,
1/A1.1, Site Plan Notes, Sheet A1.1.
Staff Findings and Conclusion: The final site plan as amended by Addendum #2 received
on February 2, 2008 adequately addresses this condition.
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.
Applicant’s Comment: Cross sections and construction specifications for the vegetated
infiltration and swale have been modified to meet all applicable codes. Reference:
Grading & Paving Plan, Sheet C3, Landscape Plan, Sheet L1.
Staff Findings and Conclusion: The final site plan as amended by Addendum #2 received
on February 2, 2008 adequately addresses this condition.
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.
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Applicant’s Comment: No action required at this time. Owner has been informed of this
requirement and will be assembling a maintenance manual and a copy of a maintenance
contract for the stormwater management plan prior to issuance of final occupancy permit.
Staff Findings and Conclusion: The final site plan as amended by Addendum #2 received
on February 2, 2008 adequately addresses this condition.
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 to the Public Works
Department that will suffice until such time as the swale vegetation becomes fully
established.
Applicant’s Comment: No action required at this time. Owner has been informed of this
requirement to be met prior to building occupancy and has also been counseled that it
takes fully 2 years for plants to be fully established, that the alternate path of providing
interim erosion control will be necessary. The owner’s representatives will coordinate
with Public Works staff to develop such a plan.
Staff Findings and Conclusion: The final site plan as amended by Addendum #2 received
on February 2, 2008 adequately addresses this condition.
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.].
Applicant’s Comment: Drawings have been revised to clearly show final riparian area
plantings in compliance with B.P.A. requirements. A submission has been made in
compliance with BPA requirements and that application is under review, with approval
forthcoming in the near future. Reference: Landscape Plan, Sheet L1; BPA Use of Right-
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Of-Way Application; BPA Landowners Guide for Compatible Use of BPA Rights-Of-
Way.
Staff Findings and Conclusion: The final site plan as amended by Addendum #2 received
on February 2, 2008 adequately addresses this condition.
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.
Applicant’s Comment: Proposed electrical line easements per the 03 Jan 08 meeting with
Ed Head at S.U.B. have been clearly identified - additional site surveying and staking
will be put in place for conduit installations. Reference: Site Plan, Sheet A1.1.
Staff Findings and Conclusion: The final site plan as amended by Addendum #2 received
on February 2, 2008 adequately addresses this condition.
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.
Applicant’s Comment: Attached cut sheet certifies compliance with U.S. E.P.A. Non-
Road Source Emission Standards, 40 Cfr89, Tier B. Reference: Attached cut sheet diesel
generator set QSB7 Series engine emissions.
Staff Findings and Conclusion: Additional detail concerning the location of the generator
fuel tank and fuel lines has been requested by SUB and the Fire Marshall. The required
information shall be provided by the applicant as part of the construction plans and
specifications. The final site plan as amended by Addendum #2 received on February 2,
2008 adequately addresses this condition.
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
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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.
Applicant’s Comment: No action is required at this time. Jurisdiction’s comment is for
information only. Architect anticipates the submission for package ‘d’ building permit
application will contain applications for an operations permit for flammable and
combustible liquids. Further, the generator specs and fuel have been delineated in the
previously submitted DWP application.
Staff Findings and Conclusion:
Condition 19 notes the requirement for the applicant to apply for an Operational Permit
for flammable and combustible liquids with Springfield Fire and Life Safety pursuant to
the 2007 Springfield Fire Code/2007 Oregon Fire Code Section 105.6.16. The application
does not have to be applied for until sometime after building permit sets have been
submitted but prior to final fire occupancy inspection.
Another part of Condition 19 noted the requirement for generator specifications and fuel
to be identified in the drinking water protection application. In addition, per 2007
Springfield Fire Code 105.7.6, the applicant or subcontractor shall submit plans and
specifications for the emergency generator, diesel tank, piping and connections to
Development Services Department for Fire and Life Safety plans review as a building
permit deferred submittal. A Springfield Fire and Life Safety Construction Permit
application (available at the DSD or Fire Marshals offices) shall be completed (including
the job value of the project) and attached with the submittal.
The final site plan as amended by Addendum #2 received on February 2, 2008 adequately
addresses this condition for site plan review purposes. The applicant shall provide the
information described above as part of the referenced Operational Permit for flammable
and combustible materials and as part of the submitted construction plans as noted.
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.
Applicant’s Comment: Lighting fixtures have been revised to be equipped with full cut-
off optics consistent with SDC 4.5-110 to eliminate light spill into the riparian area. This
revision required the addition of (3) light poles at an approximate cost of $ ______ ,
because photometric information is not easily calculated to show shading effects on light
levels resulting from proposed landscape material or the lowered topography beyond the
paving. Reference: Photometric Plan, Sheet E0.1
Staff Findings and Conclusion: The final site plan as amended by Addendum #2 received
on February 2, 2008 adequately addresses this condition.
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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.
Applicant’s Comment: Subject Generator is used for emergency backup power only;
supplying emergency lighting, smoke exhaust, alarms & controls, & some critical
computer systems. Generator system is exempt per ORS 340-035-003(5). Reference:
Diesel Generator Set QSB7 Series engine emissions
Staff Findings and Conclusion: The proposed generator is for emergency use only to
provide ventilation for the atrium area during a structure fire. The final site plan as
amended by Addendum #2 received on February 2, 2008 adequately addresses this
condition.
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.
Applicant’s Comment: No action required at this time. Jurisdiction comment is
informational only. The owner has been informed that vibrations originating from his
site cannot cause ground vibration that can be measured at the property line. While it is
unclear if the same emergency power exception that applied to noise also applies to
vibrations, the goal remains. The owner intends to provide a thick concrete base, in
combination with possible acoustical isolators to achieve this goal.
Staff Findings and Conclusion: The final site plan as amended by Addendum #2 received
on February 2, 2008 adequately addresses this condition.
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.
Applicant’s Comment: Locations of all above-ground mechanical units & required
landscape screening have been clearly shown on plans. Reference: Site Plan, Sheet A1.1,
Landscape Plan, Sheet L1
Staff Findings and Conclusion: The final site plan as amended by Addendum #2 received
on February 2, 2008 adequately addresses this condition.
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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.
Applicant’s Comment: Walkways from parking areas are noted to be distinguished from
parking and driving areas by use of special pavers, brick, raised elevation or scored
concrete. Reference: Landscape Plan, Sheet L1
Staff Findings and Conclusion: The final site plan as amended by Addendum #2 received
on February 2, 2008 adequately addresses this condition.
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.
Applicant’s Comment: At this time the owner has no plans for installing roof-mounted
communication equipment. The owner has been advised that future equipment will be
subject to additional permitting process.
Staff Findings and Conclusion: The final site plan as amended by Addendum #2 received
on February 2, 2008 adequately addresses this condition.
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.
Applicant’s Comment: Per staff findings, screening has been provided consistent with
SDC Section 3.2-435. Additional acoustical performance items are outlined in the
attached equipment cut sheets. Reference: Mechanical HVAC equipment cut sheets.
Staff Findings and Conclusions: The final site plan as amended by Addendum #2
received on February 2, 2008 adequately addresses this condition.
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.
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Applicant’s Comment: Landscape plan has been revised to specify all plantings which
screen parked cars & above ground utility vaults where they occur, as previously stated in
item (1.23). Reference: Landscape Plan, Sheet L1.
Staff Findings and Conclusion: The final site plan as amended by Addendum #2 received
on February 2, 2008 adequately addresses this condition.
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].
Applicant’s Comment: Site plan has been revised to show sidewalk modification to allow
for planter strip. Landscape plan has been revised to show required landscaping along
future Maple Island Road and setback sidewalks up to south driveway. Reference:
Landscape Plan, Sheet L1, Site Plan, Sheet A1.1.
Staff Findings and Conclusion: The final site plan as amended by Addendum #2 received
on February 2, 2008 adequately addresses this condition.
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.
Applicant’s Comment: Complete DWP application submitted on Jan 8 2008, to the City
of Springfield for review by Amy Chinitz to determine completeness of application.
Reference: Drinking Water Protection Overlay District Application.
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Staff Findings and Conclusion: The DWP application has been received and is generally
complete for site plan purposes in compliance with Condition 29. Additional information
has been requested by SUB. This information is detailed below:
The applicant must provide detailed information about how the generator tank alarm
system functions, where and how the alarm signal will be received, and which
individuals will be responsible for monitoring it and responding to it.
The application included the Cummins diesel generator set cut sheet but did not
specify which options and accessories will be selected. The applicant should provide
more details about the generator set actual specifications: Will the set include the
Cummins sub-base tank? Will the set include a weather-resistant enclosure? Is the
set equipped with overfill protection? What mechanisms prevent leaking from the
hoses and piping?
The applicant must indicate whether or not the facility landscaping will use fertilizers
containing nitrates. If so, the applicant must provide information about how the
fertilizer will be applied in relation to SDC 3.3 -235 A(8).
The applicant has been required to outfit all parking lot stormwater catch basins with
oil-water separators. This condition should include any catch basins at or in the
vicinity of the diesel generator.
The site plan indicates that a wellhead protection sign will be placed at the generator
site. Additional wellhead protection signs shall also be placed in conspicuous
locations at the trash enclosure, at receiving, in the parking lot, along the stormwater
treatment areas, and at the building entrance to alert staff and visitors to notify 911 in
the event of an unauthorized release of hazardous materials (please contact Amy
Chinitz at 744-3745 to purchase signs directly from SUB).
The application noted that rooftop mounted equipment will be sealed and provided
with secondary containment or a weather resistant enclosure. It was not clear to me
from the air conditioner cut sheets how that requirement was being met. Secondary
containment and enclosure are required for approval of the DWP. Documentation
confirming that the HVAC will be enclosed or contained is required as part of the
construction plan detail.
The above requested materials shall be provided to the City and to SUB as part of the
construction plans and/or as a supplemental submittal for the DWP application for this
project, as required by SUB.
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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.”
Applicant’s Comment: No action required at this time. Jurisdiction comment is
informational only. The owner has been informed that subject text will be incorporated
into the site plan development agreement.
Staff Findings and Conclusion: The Development Agreement attached to this report and
decision includes the required language described above. The final site plan as amended
by Addendum #2 received on February 2, 2008 adequately addresses this condition.
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.
Applicant’s Comment: No action required at this time. Jurisdiction comment is
informational only. The owner has been informed to contact Amy Chinitz to schedule an
on-site DWP inspection.
Staff Findings and Conclusion: This condition cannot be met until final occupancy. The
final site plan as amended by Addendum #2 received on February 2, 2008 adequately
addresses this condition.
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
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February 8, 2008
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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.
Applicant’s Comment: No action required at this time. Jurisdiction comment is
informational only. The owner has been informed that prior to issuance of an occupancy
permit that a lease and any maintenance agreements must contain specific identified
language.
Staff Findings and Conclusion: This condition cannot be met until final occupancy. The
final site plan as amended by Addendum #2 received on February 2, 2008 adequately
addresses this condition.
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.
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February 8, 2008
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Applicant’s Comment: No action required at this time. Jurisdiction comment is
informational only. The owner has been informed of the aggregate 500 gallon limitations
and DNAPL prohibition.
Staff Findings and Conclusion: This condition cannot be met until final occupancy. The
final site plan as amended by Addendum #2 received on February 2, 2008 adequately
addresses this condition.
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.
Applicant’s Comment: Additional text added to indicate DWP Overlay District, as well
as specific drinking water protection notes. Reference: Code Review Assumptions, Sheet
A0.1.
Staff Findings and Conclusion: The final site plan as amended by Addendum #2 received
on February 2, 2008 adequately addresses this condition.
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.
Applicant’s Comment: No action required at this time. Jurisdiction comment is
informational only. The owner has been informed that site signage will need to be
installed by contractor in locations approved by Amy Chinitz prior to commencement of
construction.
Staff Findings and Conclusion: Contact with Amy Chinitz at SUB shall be required to
identify the location of the required signs at the time of construction. The final site plan
as amended by Addendum #2 received on February 2, 2008 adequately addresses this
condition.
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.
Applicant’s Comment: Mechanical units will be provided with a weather resistant
enclosure and provided with a secondary containment pan or sump. Reference:
mechanical HVAC equipment cut sheets.
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February 8, 2008
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Staff Findings and Conclusion: The final site plan as amended by Addendum #2 received
on February 2, 2008 adequately addresses this condition.
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.
Applicant’s Comment: No action required at this time. Jurisdiction comment is
informational only. The owner has been informed that site signage will need to be
installed by contractor in locations approved by Amy Chinitz prior to commencement of
construction.
Staff Findings and Conclusions: The final site plan as amended by Addendum #2
received on February 2, 2008 adequately addresses this condition.
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.
Applicant’s Comment: No action required at this time. Jurisdiction comment is
informational only. The owner has been informed that his landscape maintenance
company will comply with these requirements.
Staff Findings and Conclusions: The final site plan as amended by Addendum #2
received on February 2, 2008 adequately addresses this condition.
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.
Applicant’s Comment: No action required at this time. Jurisdiction comment is
informational only. The owner has been informed that his landscape maintenance
company will comply with these requirements.
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February 8, 2008
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Staff Findings and Conclusion: The final site plan as amended by Addendum #2 received
on February 2, 2008 adequately addresses this condition.
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.
Applicant’s Comment: The project has received approval of its Flood District
Application; SHR2007-00007. Reference: Notice of Decision - Flood Plain Overlay
District Type I.
Staff Findings and Conclusion: The final site plan as amended by Addendum #2 received
on February 2, 2008 adequately addresses this condition.
Conclusion and Decision
Based upon a review of the Final Site Plan as amended by Addendum #2 submitted by
the applicant on February 2, 2008, staff concludes that the conditions for approving a
Final Site Plan as described in Section 5.17-135 of the Springfield Development Code
have been met to the extent that they can at this time. It is noted that some conditions
pertaining to Drinking Water Protection and Fire and Life Safety shall be met at the time
of construction plans are submitted or at the time of final occupancy. These conditions
have been noted in the body of this report.
Development Agreement
To complete the Site Plan Review Process, a Development Agreement shall be prepared
by the Director to be signed by the applicant. The purpose of the Development
Agreement is to ensure that the terms and conditions of Site Plan Review approval are
understood and binding upon both the applicant and the City. The Development
Agreement and the Final Site Plan approval are valid for two years from the date the
document is signed. If construction does not begin within this timeline, both the Final
Site Plan and the Development Agreement shall become null and void. However, one
extension, not to exceed one year 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 Final Site Plan or Development Agreement expiration.
The Development Agreement is attached below.
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February 8, 2008
18
DEVELOPMENT AGREEMENT
SITE PLAN
This DEVELOPMENT AGREEMENT, hereafter "Agreement" is entered into this ______
day of ___________, 2008 (the "Effective Date") by and between the CITY OF
SPRINGFIELD, hereinafter "City" and ___________________________________
hereinafter "applicant," in accordance with Section 5.17-140, Section 5.1-125, Section
5.1-130, and Section 5.1-145 of the Springfield Development Code.
RECITALS
WHEREAS, on the 8th day of February, 2008, the City approved the Final Site Plan
Review Application (Case No. DRC2007-00060) submitted by the Applicant for the
purpose of the following:
A Final Site Plan as submitted to the Springfield Planning Division on January 28, 2008
for property located at 400 International Way, Springfield, OR 97477, Assessor’s Map
17-03-15-40 TL 500 in Springfield, Oregon. This approval is limited to construction of a
new 81,420 square foot corporate headquarters complex which includes separate
commercial spaces for additional uses not named at this time.
WHEREAS, in consideration for Type I Final Site Plan Review approval, the
issuance of a Building Permit, and the issuance of an Occupancy Permit, as specified in
the Springfield Development Code Section 5.17-140, Applicant agrees to comply with all
of the standards in the Springfield Development Code and the Springfield Municipal
Code which may be applicable to this development project unless modified or excepted
by the Site Plan Review Development Agreement, Development Services Director,
Planning Commission, Building Official or their agents, or the Fire Marshall, which
modifications or exceptions shall be reduced to writing.
WHEREAS, in consideration for Final Site Plan Review approval, the issuance of
a Building Permit, and the issuance of an Occupancy Permit, as specified in the
Springfield Development Code Section 5.17-140, Applicant agrees to comply with the
following specific conditions imposed by the City as part of the Site Plan approval:
1. All improvements must be constructed/installed as shown on the Final Site Plan
and approved public improvement and construction plans prior to the final
building inspection.
2. All conditions of site plan approval as described in the Final Site Plan Review
Report and Notice of Decision dated February 8, 2008, must be met including the
recording of any new easements shown on the Final Site Plan.
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.
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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.
THEREFORE IN CONSIDERATION OF THE FOREGOING RECITALS WHICH ARE
EXPRESSLY MADE A PART OF THIS AGREEMENT, CITY AND APPLICANT AGREE
AS FOLLOWS:
1. FINAL SITE PLAN. The Applicant has submitted a Final Site Plan in
accordance with Section 5.17-135 of the Springfield Development Code.
2. STANDARDS. The Applicant agrees to fulfill all applicable standards specified
in the Springfield Development Code and the specific standards listed in the RECITALS
prior to the occupancy, unless certain conditions have been deferred to a later date in
accordance with Section 31.110 of the Springfield Development Code.
3. CONDITIONS. The Applicant agrees to fulfill all specific conditions of approval
required by the City listed in the RECITALS prior to occupancy, unless certain conditions
have been deferred to a later date in accordance with Section 5.17-150 of the Springfield
Development Code.
4. MODIFICATIONS. The Applicant agrees not to modify the approved Final Site
Plan without first notifying the City. Modifications to the Final Site Plan shall be reviewed
in accordance with Section 5.17-145 of the Springfield Development Code.
5. MAINTAINING THE USE. The Applicant agrees to the following:
a. The buildings and site shall be maintained in accordance with the
provisions of the Springfield Development Code in order to continue use.
b. It shall be the continuing obligation of the property owner to maintain
the planting required by Section 4.4-100-105 of the Springfield
Development Code in an attractive manner free of weeds and other
invading vegetation.
c. Undeveloped land within the development area shall be maintained
free of trash and stored materials in a mowed and attractive manner.
Undeveloped land shall not be used for parking.
d. Parking lots shall be maintained by the property owner or tenant in a
condition free of litter or dust, and deteriorated pavement conditions shall
be improved to maintain conformance with these standards.
6. In addition to all other remedies which may be provided by law or equity
(including but not limited to penalties provided by applicable State Law or City
Ordinances), Applicant agrees the City may enforce Applicant's responsibilities by
withholding Applicant's Final Occupancy Permit and terminating any Temporary
Occupancy Permit which may have been granted.
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7. Any Final Site Plan approved becomes null and void if construction does not
commence within two years of the date of the agreement.
IN WITNESS WHEREOF, the Applicant and City have executed this Agreement as of
the date first herein above written.
APPLICANT
__________________________ By:
___________________________
Date
By:________________________
STATE OF OREGON, County of _____________________
________________, 2008. Personally appeared the above named
____________________, who acknowledged the foregoing instrument to be their
voluntary act. Before me:
_____________________________
_
Notary Public for Oregon
My Commission expires ________
CITY
___________________________ By: __________________________________
Date
STATE OF OREGON, County of ___________________
__________________, 2008. Personally appeared the above named
_______________________, who acknowledged the foregoing instrument to be his/her
voluntary act. Before me:
_____________________________
Notary Public for Oregon
My Commission expires__________