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Home My WebLink AboutCorrespondence PLANNER 6/11/2008 SPRINCFIELD ~ ~*' Carla McQuillan ExecutlVe Drrector Cluldren's ChOIce Montesson 5005 Mam Street Spnngfield, OR 97478 June 11, 2008 RE 5005 MaID Street Zonmg and Development Issues Dear Ms McQuillan, I want to thank you for subunttmg a Development Issues Meetmg (DIM) applicatIOn to further dIscuss the proposal to change your day care facility at 5005 MaID Street mto an elementary school That meetmg IS scheduled for July 3, 2008 and we will be glad to respond to your spectfic questIOns and proVide as much general mfonnatlOn about the process and development standards reqUITed by the Spnngfield Development Code (SDC) as tune allows In the mtenm, I thought It unght be helpful to document some of the background, processmg tunehnes and fees we dIscussed m our recent phone call As I prounsed on the phone, I have personally reViewed your preVIous srte plan approvals and checked the code crtatlons that you had preViously discussed With vanous staff My reView of the preVIous Site Plan ReView dectslOns and current code standards mdrcate the mfonnatlon proVided to you by staff m vanous discussIOns has been accurate m the followmg regards I) the approved use for the srte ts a commercial daycare facility, 2) transltlonmg the pnmary use from a day care center to a pnvate elementary school IS a change of use requrnng additIOnal land use approvals from the City of Spnngfield, and, 3) the development process to change the use to an elementary school mcludes several appllcatlons subject to the ORS 120 day tune hne for Inrnted land use dectslOns, mcludmg, but ts not Inrnted to Srte Plan ReView, Dtscretlonary Use and Vanance applicatIOns As requested, the followmg facts clanfY some of the aforementloned background mfonnatlon and land use dectslOns' approxnnate tunehnes and costs wroved Use Two wntten land use decISIOns document the zonmg of the Site, the approved use and reqUITed srte unprovements As Identtfied on page I and throughout Crty of Spnngfield Tentative SIte Plan DeCISIon of Approval #1996-05-101 and Site Plan Modtficatlon #1998-06-0127, the site IS zoned Commumty Commercral, the approved use under reView was SDC 18 020(3)(q) Day Care Facilitles, and the proposal was approved With conditlons The conditlons of approval were subsequently unplemented and approved on Fmal Site Plans pnor to the ongmal occupancy request. No other codified use ts dIscussed or authonzed m any other legal land use dectslOn at tins srte As such, the approved day care use has never been changed m accordance With Crty code and remams m tact today When the pnmary use of the facility IS proposed to change to an elementary or charter school the SIte rs subject to standards of the Spnngfield Development Code for pnvate elementary schools ProDosed Use A proposed pnvate or public elementary school ts listed under current code as a penmtted use subject to Dtscretlonary Use and Site Plan ReView (D*) at SectIOn 32-310, page 82 Additlonal Spectfic Development Standards for elementary schools are also rdenttfied and listed at sectlon 47-195 of the SDC (attached) The Specral Use Standards language of SectIOn 4 7-195 A I restates the reqUITement at 3 2-310 for discretlonary approval With site plan reView for all new factltttes and additions over 10,000 square feet or exceedmg 50% of the eXlstmg bwldmg (emphasts added) Compliance With the remammg ten development standards must be demonstrated dunng DlScretlonary Use and Site Plan ReView, leadmg us to some diSCUSSion regardmg vanances dunng our recent call The need and process for consrderation of vanances by staff and the Plannmg CommrsslOn will be discussed at the Development Issues Meetmg The additlonal costs and tuneframes are mcluded below ." -:!~~ Received Planner SH (a(11 Process aod Tlmehnes A Dlscrenonary Use/Site Plan ReView proposal With Vanances IS reViewed as a Type ill Quasr-Jumclal Apphcalton reView process m accordance With SDC 5 1-135 What that means IS that upon acceptance of complete apphcanons and staff reView, the deCISIon on the proposal IS made by the Plannmg COlllllllSslOn after a pubhc heanng, staffrecommendanon and pubhc testImony Accordmg to the SDC and Oregon ReVISed Statutes for land use, the Plannmg ComnusslOn must make a final deCISIOn Wlthm 120 days after acceptance of a complete apphcanon by the CIty The process can geoerally be descnbed m the followmg sequeonal steps, With approxnnate fees and tunehnes noted, assummg the optIOnal step of Development Issues Meetmg has already occurred I) PRE-SUBMITTAL Apphcant prepares and sublDlts the apphcanon matenals for DlScrenonary Use, Srte Plan and Vanance Apphcanons as one package subject to completeness reView (The Site plans reqUIre eogmeenng and arclutectura1 mformanon, vanances and mscrenonary use reqUIre response to Cntena of Approval A land use plannmg consultant andlor an engmeer's mvolvement are reqUITed) Wheo sublDlttal reqUIrements are met and a pre-subnnttal fee rs paId, the Pre-SublDlttal Meetmg IS scheduled m 2-4 weeks City development reView staffs perform a completeness check of the site plans and related documeots, then proVide a completeness document at the scheduled meetmg The documeot hsts the matenals needed to make the apphcanon complete The apphcants and theIr consultants are then responsible for perfectmg the apphcanon package pnor to returmng It for actual submrttal . Major ActIOn Apphcanon Preparanon by Apphcant's Consultants . Elapsed TIme From SublDlttal 14-28 days for Completeness Process . City Fees $350 . Consultant Fees Market Rate' , . TIllleframe for Apphcant Re-SublDlttal of Complete Apphcanon Unknown 2) APPLICATION REVIEW Upon apphcanon re-sublDlttal ofal! requested completeness mformanon or a request to proceed on prellllllllllI)' plans, the City will accept the apphcanon package, collect processmg fees, begm the ORS 120 Day and begm mtemal reView and schedulmg ofpubhc heanng procedures Dunng mtemal reView and heanng preparanons Plannmg staff manage the developmeot reView process, wnte a staffrecommendanon to the Plannmg COmnusSIOn, schedule a pubhc heanng before the Plannmg COIllIDlSSlOn and proVide pubhc nonces and staffreports m accordance With SDC and ORS reqwrements . Major Acuon Start of the ORS 120 Day TIllle LIDllt for LIDllted Land Use DeCISion . Elapsed TIllle Apphcanon Re-SublDlttal -Plannmg Comnussron Heanng 4-8 weeks . CIty Fees Site Plan ReView $4500, Dlscreuonary Use $4000, Vanance $6500 . Consultant Fees Market Rate 3)' DECISION The Crty of Spnngfield Plannmg COlllIDlsslOn (PC) will conduct a pubhc heanng and consIder the apphcant sublDlttal, the staff recommendauon and all wntten and oral testunony from the pubhc Consldenng aI! eVidence, the Plannmg COlllllllSslOn may approve, approve With conmnons or deny the apphcaltons based upon the Cntena of Approval contaIned m the SDC for the three apphcauons Heanngs extensIOns may be reqwred or granted by the Plannmg COlllllllSslOn m accordance With state statutes Plannmg COlllllllSSIOO decISIOns are final upon mail out of the declsron to aI! who partlClpated, or unless the deCISIon IS appealed m accordance the SDC and state statutes . MaJ or ActIOn PC Heanng and DeclSlOO on Proposal . Elapsed TIllle from Complete Apphcalton 8-12 weeks WIthout appeal . Crty Fees Covered by Apphcalton Fees . Consultant Fees Market Rate -~----....._- bsv1e'')9j.:i '~1 He --;e'C!fi... I C' 4) POTENTIAL APPEAL The applIcant or any party WIth standmg m the deciSIOn process by VIrtue of wntten or oral partIcrpatlOn may appeal the Plannmg COIll1IllSSlon' s deciSion to the City Council or the Land Use Board of Appeals An appeal to the City Council will follow the same basrc hearmg procedure and the Crty Council's declSton is the final local decIsIOn. Ifnecessary, the appeal to the CIty Council will be completed Wlthm the 120 day tnne lnmt TIus step completes the local appeal process An appeal to the State Land Use Board of Appeals IS the responsibility of the applicant and may mvolve an additIOnal 6 months and Include additIOnal land use, engIneenng and legal consultant fees . Major ActIon DeclSton on Appeal (as necessary) . Elapsed Tune From Complete Applicatton 12-16 weeks . Crty Fees $2500 (Appellant Cost) . Consultant Fees Market Rate "NOTE Consultant fees may equal or exceed City fees for any mdiVldual applicatIOn step The above process can be discussed further m the pendmg DIM meetmg We look forward to reVlewmg all current and proposed use types and occupancy rates We WIll be responsIVe to all matenals subDlltted and look forward to asSiStmg you WIth future plans I also suggest that you consIder the same DIM procedures for the discussed relocatJon of most day care children to your resldentJal use, given that rt has certam code lnmtatJons that we will be happy to discuss I hope my summary proVides some additJonal understandmg of the lnmted land use declSlon makmg process The process may seem dauntmg to the lay person, but we are here to help you achieve your goal of creatmg quality day care and elementary educatJon faclhtJes In the Crty of Spnngfield. The referenced matenals are ava1lable for your reView upon request at the City, all code mformattoo rs available on the Development Semces Department portJon of the Crty of Spnngfield's webslte, httn //www CI snnOlrtield or us My staff and I look forward to working WIth you. Cordially, ~~..-?o'P~~ ames P Donovan Crty of Spnngfield Urban Plannmg DIVISIon Supemsor - cc Spnngfield School DJstnct OR Dept ofEducatJon Date Received Planner SH ~l\