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HomeMy WebLinkAboutDecision Planner 2/8/2008Hawes Investments DRC2007-00060 February 8, 2008 1 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. Hawes Investments DRC2007-00060 February 8, 2008 2 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. Hawes Investments DRC2007-00060 February 8, 2008 3 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. Hawes Investments DRC2007-00060 February 8, 2008 4 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. Hawes Investments DRC2007-00060 February 8, 2008 5 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. Hawes Investments DRC2007-00060 February 8, 2008 6 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- Hawes Investments DRC2007-00060 February 8, 2008 7 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 Hawes Investments DRC2007-00060 February 8, 2008 8 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. Hawes Investments DRC2007-00060 February 8, 2008 9 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. Hawes Investments DRC2007-00060 February 8, 2008 10 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. Hawes Investments DRC2007-00060 February 8, 2008 11 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. Hawes Investments DRC2007-00060 February 8, 2008 12 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. Hawes Investments DRC2007-00060 February 8, 2008 13 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 Hawes Investments DRC2007-00060 February 8, 2008 14 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. Hawes Investments DRC2007-00060 February 8, 2008 15 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. Hawes Investments DRC2007-00060 February 8, 2008 16 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. Hawes Investments DRC2007-00060 February 8, 2008 17 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. Hawes Investments DRC2007-00060 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. Hawes Investments DRC2007-00060 February 8, 2008 19 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. Hawes Investments DRC2007-00060 February 8, 2008 20 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__________