Loading...
HomeMy WebLinkAboutAIS PLANNER 1/28/2008 AGENDA ITEM SUMMr.i tiE C E IVE E:l~n~ ate: January 28,2008 , ~tJng Type: Regular Session Department: Development Services Staff Contact: Gary M. Karp c; t(~ S P R I N G FIE L D ~ J 1(/ Staff Phone No: 726-3777. C I T Y CO U N C I L 8v: 1h.-J..:'_,)(j;r1 ~ F,<iimated Time: 60 minutes ITEM TITLE: APPEAL OF THE PLANNING COMISSION'S APPROVAL OF THE MARCOLA MEADOWS MASTER PLAN APPLICATION, 1) The City Council is requested to address some procedural issues, 2) Then, either a) uphold the December 20th Planning Commission approval of the Marcola Meadows Master Plan application as conditioned, or b) approve the application with modified conditions of approval, or c) if the Council finds it cannot affirm the Planning Commission's decision, or otherwise approve it with modified conditions, then deny the application, Seven persons, including the property owner (SC Springfield LLC) and 6 individuals, have appealed the December 20th Planning Commission's approval of the Marcola Meadows Master Plan. As permitted by the Springfield Development Code (SDC), and for ease of review, staff has combined ail appeals into one staff report, ATTACHMENTS: Attachment 1: Staff Report: Appeal of the Planning Commission's Decision Attachment 2: Master Plan Conditions of Approval Attachment 3: Letter to Applicant's Attomey Jim Spickerman from City Attorney Dated January 8, 2008 Attachment 4: Planning Commission Minutes, December 20, 2007 Attachment 5: Draft Planning Commission Minutes, December 11, 2007 Attachment 6: Transportation Graphics Attachment 7: Oreqon Revised Statutes (ORS) 197,763 :^ " ACTION REQUESTED: ISSUE STATEMENT: DISCUSSION: JAN 2 8 Z008 On June 18, 2007 the City Council by a vote of 4-2 approved Metro Plan diagram and Zoning Map amendments to ailow a mixed use commercial/residential development on the former "Pierce" property on Marcola Road, An approval condition of these applications was the submittal of a Master Plan application to guide the phased development of the property over the next 7 years. The Master Plan application was submitted on September 28, 2007. The Planning Commission conducted public hearings on this application on November 20, 2007; December 11, 2007; and December 20, 2007, At the conclusion of the December 20'h hearing, the Planning Commission voted 7-0 to approve the Master Plan; this action included 53 conditions of approval. On January 4, 2008 seven separate appeals of this decision were submitted to the Development Services Department; six of these appeals are from 6 individuals and one is from the applicant of the Master Plan, SC Springfield LLC. The attached staff report divides the issues raised in these appeals into the foilowing general categories: 1) procedural chailenges; and 2) challenges to findings and conditions of approval. Issues raised by the 6 individuals fail largely into this first category and include notice, participation at hearings, etc., but do not raise objections to any of the 53 conditions of approval. Issues raised by the applicantlappeilant include: adequacy of findings demonstrating proportionality, imposition of conditions not justified by the criteria of approval, and delegation of decision-making authority to the City Engineer, but raise no challenges to procedure. Of the numerous issues raised in these appeals the most significant, if upheld by the Council, is Condition #27 which requires the Master Plan to depict an access lane adjoining the residential properties along the south side of Marcola Road and a roundabout at the intersection at Martin Drive and Marcola Road. Attendant to this requirement is the dedication of sufficient land to accommodate the access lane and roundabout scheduled to occur during the Master Plan's Phase,1 development. The construction of the access lane would occur within existing right-of-way, but to maintain the existing cross-section of Marcola Road, the portion of Marcola Road abutting the developmef)t site would need to shift north onto this property, This shift would occur just west of the intersection of 28'h and Marcola and would transition back into the existing alignment just west of the new roundabout at Martin Drive. The staffs recommendation of this condition was supported by the Planning Commission and is based on: 1) the authority granted by the Springfield Development Code to require such improvements; 2) the proposed development is the only reason improvement to Marcola Road is necessary; 3) the applicant offered no reasonably workable solution to the traffic and safety conflicts along Marcola Road created by the proposed development; 4) access at any point along the development site's frontage with Marcola Road creates traffic safety conflicts with the residential property along the paraileling south frontage of Marcola Road; and 5) the only successful mitigation of the impacts to these nearby properties, whether by using a roundabout or a traditional intersection design, is the inclusion of the access lane. Without all these improvements staff cannot support the Master Plan as submitted by SC Springfield LLC, and the Planning Commission unanimously cbncurred with this conclusion after evaluating the facts, r. STAFF REPOR'1t;ltJ\PPEAl OF THE PLANNING COMMISSI6lil'S DECISION CITY OF SPRINGFIELD, DEVELOPMENT SERVICES DEPARTMENT Appellant: SC Springfield, llC Case Number: ZON2008-00002 Appellant: Donna Lentz Case Number: ZON2008-00003 Appellant: Phillip M, Newman Case Number: ZON2008-00004 Appellant: Dennis Hunt Case Number: ZON2008-00005 Appellant: Clara Shevchinski Case Number: ZON2008-00006 Appellant: Wesley O. Swanger Case Number: ZON2008-00007 Appellant: Nick Shevchynski Case Number: ZON2008-00008 Property location: Northwest Corner of Marcela Road and 2811l/3151 Streets Assessor's Map#: 17-02-30-00, Tax Lot 01800 and 17-03-25-11, Tax Lot 02300 Zoning: Community Commercial; Medium Density Residential; and Mixed Use Commercial. Metro Plan Designation: Community Commercial; Medium Density Residential/Nodal Development Area; and Commercial/Nodal Development Area Site Map Attachment 1-1 '/ ' II. PROJECT BACKGROUND . , , In July, 2005, the Martin Co, submitted a Development Issues Meeting application (ZON 2005-00028) to , generally discuss a proposed commerciallresidential development on the development site, ' In May, 2006, Satre Associates, PC submitted a Pre-Application Report application (ZON 2006- 00030) as the required prerequisite for Master Plan approval (SDC 5,13-115B,). Staff had a number of concerns about that proposal and contracted with Crandall Arambula, a Planning " consultant in Portland, for a peer review, The application was placed on hold until approval of the Metro Plan diagram and Zoning Map amendments occurred. In September, 2006, Satre Associates, PC submitted the Metro Plan diagram and Zoning Map amendment applications (LRP 2006-00027 and ZON 2006-00054). These'applications were determined to be complete 'for review on January 11, 2007. The City Council approved these' applications on June 18, 2007 (Ordinance Nos, 6195 and 6196). Master Plan approval is required by terms of Condition #1 of Ordinance No. 6196 (Zoning Map Amendment), On July 20, 2007, Satre Associates, PC resubmitted the Pre-Application Report application. The majority , of Crandall Arambula's recommendationswere incorporated into the current proposal. On September 6, 2007, City staff held a meeting with the applicant's representatives and interested outside agencies to review the Pre-Application Report application. On September 24, 2007, the Pre-Application Report staff report was issued. On September 28, 2007, the applicant submitted this Master Plan application. On October 10, 2007, the Master Plan application was accepted as complete for review. ' On November 20,2007, the Planning Commission held the first public hearing regarding the Master Plan application, The record was open for the receipt of evidence, both written and oral. The public hearing was continued until December 11, 2007. At the December 11, 2007 public hearing, the record was again open for the receipt of evidence, both written and oral. The public hearing was continued until December 20, 2007. At the December 20, 2007 public hearing, staff presented their summation and the Planning Commission approved the Master Plan by a vote of 7-0, with 53 conditions of approval. I II. PROCESS ISSUES Prior to discussing the merits of the combined appeals, there are several process issues the City Council must address: 1. STANDING Springfield Development Code (SDC) Section 5,3-11 OB, states: "The Planning Commission's quasi- judicial decision, which is a Type 11/ procedure, may be appealed to the City Council by a party as specified in Section 5.3-120. n SDC Section 5.3-120A states: "Standing to Appeal, Only those persons who participated either orally or in writing have standing to appeal the decision of the Planning Commission. Grounds for appeal are limited to those issues raised either orally or in writing before the close of the public record, n ATTACHMENT 1 - 2 - Upon review of the Noiice of the Planning Commission's December 20th Master Plan approval Notice of Decision Affidavit of Service, the following appellant's do nothave standing because they did not submit ' oral or written testimony into the record: Phillip M. Newman; Dennis Hunt;'and Clara Shevchinski. The remaining appellants do have standing because they did submit oral andlor written testimony. 2. NON-PAYMENT OF APPEALS FEES SDC Section 2,1-1358. states: "payment of these fees is required at the time of application submittal, No application will be accepted without payment of the appropriate fee in full, unless the applicant qualifies for a fee waiver, as specified in Subsection C, below. SDC Section 2.1-135C. states: "Fee Waivers, The following fee waivers apply only within the Springfield city limits to the following agencies and/or persons: 1. Non-profit affordable housing providers.... 2, Low income citizens. Development fees required by tf)is Code may be waived by the Director when the applicant is considered to be low income, as determined by the HUD income limits in effect at the time of submittal. . The property owner, SC Springfield LLC paid the $2,254.00 appeal fee, None of the 6 individuals paid the fee. Oregon Revised Statutes (ORS) 227.175(1) states: ".., The goveming body shall establish fees charged for processing permits at an amount no more than the actual or average cost of providing that service.' Appellant Nick Shevchynski, in his submittal, raises a valid point regarding requiring all 7 appellants to pay the full fee. See the discussion below for additional comments on fee waivers. 3. STATUS OF NEIGHBORHOOD ASSOCIATIONS REGARDING FEES The Springfield Municipal Code Sections 2.650 through 2.662 establishes a process for neighborhood " association recognition within the City that requires a written request to the City Council and proposed bylaws, These regulations also allow the City Council to revoke the neighborhood association charter and consider inactive status. Appellant Nick Shevchynski signed his appeal form referring to the North Springfield Citizens' Committee. Appellant Newman, Hunt and Clara Shevchinski also refer to this Committee. Appellant Nick Shevchynski stated in his submittal that the Committee "".is duly recognized by the City." Staff cannot find any record of this Committee being recognized by the City.Mr. Shevchynski has not offered any information or evidence to support his statemef]t Staff thought about whether the North Springfield Citizens' Committee may have been a neighborhood association recognized by Lane County, Staff contacted Kent Howe, Lane County Planning Director, regarding this question. Mr. Howe indicated such a Committee has not been or is now registered with Lane County. ' , The SDC fee schedule, which is adopted by separate resolution, exempts neighborhood associations from paying an appeals fee. Fee Schedule Footnote (7) refers to an appeal of the Director's decision to the Planning Commission (Type III Appeal) and the fee is limited to $250,00, The footnote states: "This is the fee established by ORS, 227.175, Council acknowledges that Neighborhood Associations shall not be charged a fee for an appeal.' However, this is an appeal of the Planning Commission's decision (Type IV Appeal). ,There is no fee limitation or fee waiver for Neighborhood Associations for this level of appeal. 4. THE 120 DAY REVIEW PERIOD AND WHETHER THE CITY COUNCILS PUBLIC HEARING IS ON THE RECORD OR DE NOVO ORS 227,178(1) states: ".../he goveming bodyofa city or its designee shall take final action on an application for a permit, limited land use decision or zone change, including resolution of all appeals under ORS 227. 180, within 120 days after the application is deemed complete." SDC subsection 5,3-120(D) provides as follows: "Review. The review [of an appeal of the Planning Commission's Type III decision] shall be as determined by the City Council." (emphasis added) The City Council isauthorized to conduct this hearing "on the record" of the Planning Commission proceedings (no new evidence; no participants without standing) or de novo (a new). A de novo hearing allows anyone who is Interested in this matter, ATTACHMENT 1 - 3 whether they have previously participated or not, to submit written or oral testimony regarding ihe Planning Commission's decision, ' SC Springfield LLC submitted the Master Plan application on September 28, 2007. Staff accepted that application as complete for review on October 10, 2007, The 120 day review'period expires on January 26, 2008, However, SC Springfield LLC hand delivered to staff a 4 day waiver to January 30, 2008 at the December 11th Planning Commission public hearing, This allows this appeals public hearing to take place on January 28, 2008 without the possibility of the appellant filing a writ of mandamus provided a final decision is made by Council by January 30th. ' On January 8, the City Attorney mailed a letter to SC Springfield LLC's attorney asking for an additional waiver of 12 days, until February 11, 2008 (see Attachment 3) to allow the City Council ....more time to deliberate and consider this matter.' As of January 17, 2008, when this staff report was completed, SC Springfield LLC had not responded to this request. RECOMMENDATIONS TO THE CITY COUNCIL With respect to process issues, staff recommends: 1. THE 120 DAY REVIEW PERIOD ANDWHETHER THE CITY COUNCILS PUBLIC HEARIMG IS ON THE RECORD OR DE NOVO, Staff recommends that the City Council conduct a de novo pubic hearing (ORS 227,175); SDC 5.3- 120(D). De novo status is consistent with the expectations of SC Springfield LLC and the neighbors; a de novo hearing moots issues related to notice raised in the appeals and the question of standing and non-payment of application fees for several of the appellants. 2.STANDING Staff recommends that the appeals of Phillip M, Newman, Dennis Hunt and Clara Shevchinski be denied for lack of standing, As discussed earlier in this report, these individuals did not submit oral or written testimony into the Planning Commission record, and therefore do not have standing to appeal under SDC Section 5,3-120A. However, although these individuals cannot be considered appellants in this appeal, 'they may provide oral or written testimony at the City Council's de novo public hearing. 3. NON-PAYMENT OF APPEALS FEES Appellants Donna Lentz, Wesley Swanger and Nick Shevchynski did not submit the required fee with their respective appeals application; SDC Section 5.4-1 05Brequires payment of fees with the submittal of an application. Failure to pay this fee does not obviate 'standing' of these individuals as they each participated in the hearings before the Planning Commission. There are reasonable arguments to , mitigate non-payment participation of multiple appellants: 'the Director may consolidate them to be heard as one preceeding." (SDC 5.3-110(C); a fee has been submitted by Appellant SC Springfield LLC; the Council's decision to review this matter as a de novo public hearing allows anyone to participate and raise' any issues related to the Planning Commission's decision 4, STATUS OF NEIGHBORHOOD ASSOCIATIONS REGARDING FEES There is no evidence to corroborate appellants statements that the North Springfield Citizens' , Committee is duly recognized by the City (SMC Section 2,650); there is no evidence that a similar status was ever established with Lane County and therefore could be a basis for recognition by Council as a result of jurisdictional transfer of land use authority in 1986; there is no basis for fee waiver as may be allowed for neighborhood associations; however, this appeal conducted as a de novo publiC hearing allows anyone interested in this matter to testify; therefore there is no prejudice to those individuals who have purported to belong to the North Springfield Citizen's Committee, ATTACHMENT 1 - 4 <lc~".J_ 1111. MASTER PLAN CRITERIA OF APPROVAL These are the criteria the ~lanning,Commission utilized in order to grant Master Plan approval through the public hearing process: November 20, 2007,December 11, 2007 and December 20, 2007. SDC,Section 5.13-125 states: "A Master Plan may be approved if the Planning Commission finds that the proposal conforms with all of the following approval criteria, In the event of a conflict with approval criteria in this Subsection, the more specific requirements apply , A The zoning of the property shall be consistent with the Metro Plan diagram and/or. applicable Refinement Plan diagram, Plan District map, and Conceptual Development Plan; B. The request, as conditioned, shall conform to applicable Springfield Development Code requirements, Metro Plan policies, Refinement Plan, Plan District, and Conceptual Development Plan policies. . C. Proposed on-site and off-site improvements, both public and private, are sufficient to accommodate the proposed phased development and any capacity requirements of ' public facilities plans; and provisions are made to assure construction of off-site' improvements in conjunction with a schedule of the phasing. D. The request shall, provide adequate guidance for the design and coordination of future phases; E. Physical features, including but not limited to steep slopes with unstable soil or geologic conditions, areas with susceptibility to flooding, significant clusters of trees and shrubs, watercourses shown on the WQLW Map and their associated riparian areas, wetlands, rock outcroppings and open spaces and areas of historic and/or archaeological significance as may be specified in Section 3,3-900 or ORS 97,740-760, 358,905-955 and 390.235-240 shall be protected as specified in this Code or in State or Federal law; and F, Local public facilities plans and local street plans shall not be adversely impacted by the proposed development. " I IV. THE SEVEN APPEALS Appellant: SC Springfield, LLC Case Number: ZON2008-00002 Appellant SC Springfield, LLC states: , "Master Plan Approval Condition #27: 1. Is without basis in the applicable criteria for Master Plan approval; 2. imposes upon the applicant a burden disproportionate to the impact of the development; and 3. unlawfully delegates to the City Engineer the discretion to impose exactions without reference to standards and without findings of proportionality. " Staff Response: ATTACHMENT 1 - 5 Backaround and SummarY of Resconse In late October, 2007 SC Springfield LLC requested that their application be processed as submitted, within 30 days of the submittal, as allowed in Oregon land use law. As SC Springfield LLC was unwilling to extend the 120'review period (including local appeals), the first Planning Commission hearing was scheduled for November 20, 2007 to hear public comments, Staff then prepared a staff report by December 4, 2007 and the Planning Commission reconvened the public hearing on December 11, 2007. On December 20, 2007 the Planning Commission deliberated and approved the application with 53 conditions. SC Springfield LLC's appeal of the approval Condition #27 was filed January 4, 2007. Staff has been clear, both in meetings and communications with SC Springfield LLC's representatives and in the record of the Planning Commission proceedings, that SC Springfield LLC's proposed improvements at the Marcola Road/new collector street location ahd at the Marcola Road/Lowe's driveway location Are Not safe and workable as submitted. SC Springfield LLC's proposal for traffic signal control at both of these locations in fact creates significant operational and safety problems for traffic using Marcola Road (including additional development traffic) and for vehicles trying to turn in and out of the residential development on the south side of Marcola Road, Attachment 6-A shows SC Springfield LLC's proposed signalized intersections in relation to properly lines and south side resideniial property, The red lines on Attachment 6-A show the area in the left turn lanes that is occupied by carstuming left into the development site as described in SC Springfield LLC's traffic analysis. Attachment 6-B is SC Springfield LLC's intersection concept submittal from December 2007. ' The key safety issue is that the south side of the proposed development intersections includes multiple driveways, in violation of safe signalized intersection design. Further, queues of development traffic heading east on Marcola Road and waiting to turn left into the proposed new collector street (Martin Drive) and the proposed Lowes driveway intersections would prohibit residents of ten or more existing homes on the south side of Marcola Road from turning'left into or out of their driveways, Because SC Springfield LLC's submittal is concept in nature, the exact details of impact would not be known until the time subdiVision and Public Improvement Project plans are submitted as part of Master Plan Phase 1.' Staff works hard to balance private interests with those of the broader public during review of development proposals. Staff met with SC Springfield LLC twice between the first Planning Commission hearing (November 20, 2007) and deliberations (December 20, 2007) to continue to review and discuss these, safety and design issues 'and their possible resolution, SC Springfield LLC's position was that already existing residential development and/or the public was responsible for safety and design impacts caused by SC Springfield LLC's proposed intersections, Staff did not agree that existing development was responsible for safety and design problems brought about by SC Springfield LLC's submitted development application, and proposed an access lane to provide existing south side residents with the ability to safely access their driveways and then access Marcola Road at one or two shared access ,points, Staff also proposed a roundabout intersection at the Marcola Road/Martin Drive intersection as a form of intersection control that is statistically safer and demonstrates greater capacity, than a signalized intersection. Staffs proposal has the added operational benefit of slowing traffic along this area of Marcola Road, further contributing to safety in mitigation of SC Springfield LLC's added traffic, At the December 20, 2007 public hearing, in testimony to the Planning Commission, SC Springfield LLC agreed to the staff concept, and noted that agreement in the record of the Planning Commission proceedings - with the understanding that design details would be worked out during the subsequent subdivision phase and the Public Improvement projecl'{PI P) design and approval process, and that staff would work to minimize impacts on the development site, SC Springfield LLC has now appealed Condition #27 without providing a reasonably workable solution to the issues addressed above, Absent Condition # 27, as clarified below, staff recommends denial of the Master Plan as submitted. Appellant SC Springfield, LLC states: .~~ ATTACHMENT 1 -S / ~1. Condition #27 is without basis in the applicable criteria for Master Plan approval" Staff Response: On page 2, the appeal document states, "The applicant believes that there is no authority in the criteria for Master Plan approval to require the roundabout intersections.' However, SC Springfield LLC does demonstrate the need for intersection traffic control at the new collector/Marcola Road intersection in its Traffic Impact Analysis and has proposed a traffic signal intersection as the method of traffic control. Below are relevant citations from State law, the Springfield Charter, the Springfield Municipal Code, and the Springfield Development Code that taken together demonstrate that the City, and its Public Works Department, has the authority to specify the design of all public improvements. Relevant parts are underlined, ' OREGON REVISED STATUTE Oregon Revised Statute 221,.924 Authority to make public improvements. "The council may, whenever it deems it expedient, improve the public grounds within any city refe"ed to in ORS 221.906, and establish and ooen additional streets and allevs therein. The o.ower and authoritv to improve streets includes the oower and authoritv to construct, imqrove, Dave. reDair, and keeD in reDair, sidewalks and pavements, and to determine and Drovide evervthinq convenient and necessarv concemino such imDrovements and reoairs. .. [Amended by 1969 c.429 !i5] Oregon Revised Statute 810.010 Jurisdiction over highways; exception. "This section desit;mates the bodies resDonsible for exercisino iurisdiction over certain hiohwavs when the vehicle code reauires the, exercise of iurisdiction bv the road authority: This section does not control where a specific section of the vehicle code specifically provides far exercising jurisdiction in a manner different than provided by this section. Except as otherwise specifically provided under the code, the respansibilities designated under this section do nat include responsibility for maintenance. Responsibility for maintenance is as otherwise provided by law. The followinq are the road authorities for the described roads: , (3), The aoverninq bad\( of an incorporated city is the road authoritl( for all hiqhways, roads, 'streets and allevs, other than state hiahwavs, within the boundaries of the inco(Dorated citv," SPRINGFIELD CHARTER CHAPTER II, POWERS Section 4. Powers of the City. "The City has all powers that the constitutions, statutes and common law of the United States and of the State of Oregon now or hereafter expressly orimpliedly granted,or allowed the City, as fully as though this Charter specifically enumerated each of those powers. . Section 5. Construction of Powers. "In ihis Charter no specification of power is exclusive or restricts , authority thaUhe City would have if the power were /Jot specified, The Charter shall be Iiberallv construed, so that the Citv-may exercise as fullvas D,ossible all Dowers Dossible for it under this Charter and under United States and Oreaon law. A power of the City continues unless the grant of the power clearly indicates the contrary." ' Section 6. Distribution of Powers, "Except as this Charter provides otherwise and as the Oregon Constitution reserves municipal legislative power to the voters of the City, all oowers of the Citv am 'vested in the Citv Council. ", SPRINGFIELD MUNICIPAL CODE CHAPTER 3 PROCEDURE FOR AUTHORIZING AND MAKING IMPROVEMENTS ATTACHMENT 1 - 7 .' "Section 3.000 Specifications. (1) The citv of Sprinafield Standard Construction Specifications as comoiled bv the city and from time to time amended, are herebv adopted and shall be the Standard Construction Specifications to be used in connection with all oublic improvement contracts, Not less than biennially the council shall review, and by resolution approve, all changes to such specifications. ' ' (2) All public improvement contracts hereafter executed shall contain a reference to said specifications, and incoroorate the same into each such public imorovement contract bv reference. (3), True and exact copies of the specifications are on file in the offices of the citv enaineer at city hall. (4) This section shall not be construed as limiting or preventing the application of special conditions for such public improvement contracts as may be required from time to time by the city in the event of special or unique considerations involved in any particular contract". "Section 3,014 Plan Approval Required. . , (1) Enaineered plans for all public works projects proposed for construction within the citv shall be submitted to the oublic works department for approval prior to start of anv construction work, The cost of review for approval and preliminary testing for design shall be deemed to be part of the engineering services. For policies where the council has adopted a resolution of intent to initiate the project and to assess the costs of the project, such costs shall be assessed against the benefiting properties, For all other projects the estimated cost of review for approval and prelimi~ary testing for design of the proposed project shall be deposited with the public works department at the time of application for such approval. (2) The final charges shall be computed from the actual employee hours, laboratory fees and other direct expenses, including an allowance for indirect costs, spent in connection with the approval of the plans, and the surplus (if any) will be refunded to the depositor. Overruns will be due prior to issuing a construction permit for the project." [Section 3.014 amended by Ordinance No. 5948, enacted December 6,1999.] \ "Section 3.016 Permit Required. (1) Prior to the start of anv construction for public works within the city. a permit will be reauired from the oublic works deoartment. The cost of inspection, testing, and other services related to the construction for which the permit is requested shall be deemed to be a part of the cost of engineering and superintendence. For projects where the council, has adopted a resolution of intent to initiate the project and to assess the costs of the project, such costs shall be assessed against the benefiting properties, For all other projects the estimated total of such costs of inspection, testing and other services related to the construction shall be deposited with the city prior to the start of any construction. (2) The final charges shall be computed from the actual employee hours, laboratory fees and other expenses related to the construction of the project, including an allowance for indirect costs, and the surplus (if any) shall be refunded to the depositor, Overruns shall be due prior to acceptance of the , project by the city," [Section 3.016 amended by Ordinance No, 5948, enacted December 6, 1999,] SPRINGFIELD DEVELOPMENT CODE (SDC) I "SDC Section 2.1-110 Purpose The regulations contained in this Code are intended to ensure that development is: ATTACHMENT 1 - 8 A. 'Sited on property zoned'in accordance with the applicable Metro Plan diagram and/or applicable Refinement Plan diagram, Plan District map, and Conceptual Development Plan; B. Served by a full range of key urban facilities and services that can be provided in an orderly and efficient manner; and C, Consistent with the applicable standards of this Code. . "SDC Section 2.1-115 Applicability A. Land may be used, or developed by land division or otherwise, and a structure may be used or developed by construction, reconstruction, alteration, and occupancy or otherwise, only as this Code permits. ' ' "SDC Section 4.1-110 Applicable Documents B, Construction and design references for public improvements under City jurisdiction. Specifications for the design, construction, reconstruction or repair of streets, alleys, sidewalks, bus turnouts, accessways, curbs, gutters, street lights, traffic signals, street signs, sanitarY sewers, stormwater management systems, street trees and planter strips within the public right-of-way, medians, round- abouts and other public improvements within the city limits and the City's urbanizable area are as specified in this Code, the Springfield Municipal Code, 1997, the City's Engineering Design Standards and ProcedureslManual and, the Public Works Standard Construction Specificatfons. The Public Works Director retains the right to modify their cited references on a case-bv-case basis without the need of a Variance when existino conditions make their strict aODlication imDractical. ' -' "SDC Section 4.2;105 Public Streets A. General Provisions. , 1. The/ocation, width and grade of streets shall be considered in their relation to existing and planned streets, to topographical conditions, and to the planned use of land to be served by the streets. The street svstem shall assure efficient traffic circulation that is convenient and safe. Grades, tangents, curves and intersection angles shall be appropriate for the traffic to be carried, considering the terrain, Street location and design shall consider solar access to 'building sites as may be required to comply with the need for utility locations, and the preservation of natural and historic inventoried resources. Streets shall ordinarily conform to alignments depicted in TransPlan, the Regional Transportation Plan (RTP), applicable Refinement Plans, Plan Districts, Master Plans, Conceptual Development Plans, or the Conceptual Local Street Map. The arrangement of public streets shall provide for the, continuation or appropriate projection of existing streets in the surrounding area, unless topographical or other conditions make continuance or conformance to existing street alignments impractical. 3, Develooment Aooroval shall not be oranted where a DroDosed aDDlication would create unsafe traffic' conditions, ' "SDC Section SDC 5.13-125 Criteria A Master Plan may be approved if the Planning Commission finds that the proposal conforms with all of the following approval criteria, In the event of a conflict with approval criteria in this ' Subsection, 'the 'more specific requirements apply,..." "B. The re~uest. as conditioned, shall conform to aoolicable Sorinofield Develooment Code r.eauirementsc, Metro Plan oollcies, Refinement Plan, Plan District. and Conceotual Develooment Plan oolicies. G Prooosed on-site and off-site Dublic and Drivate imDrovements shall be sufficient to accommodate the Droqosed Dhased develooment and am{ caDacitv re~uirements of Dublic facilities Dlans: and Drovisions shall be made to assure construction of off-site imDrovements in coniunction with a schedule of the Dhasino, " The required street improvements were revi~wed under Criterion, C, The language is clear that.the required access lane, an off-site improvement, arid as conditioned, is required to comply with this criterion. However, any SDC requirement can be utilized under Criterion 8, ATTACHMENT,. - ,9 , ' In view of the regulations cited above, it is clear that the City has the authority to condition the Master Plan application as approved by the Planning Commission on December 20, 2007. Appellant SC Springfield, LLC states: "2, Master Plan Approval Condition #27 imposes upon the applicant a burden disproportionate to the impact of the development;" , Staff response: Condition #27 is not disproportionate to the impact of the development The following analysis is based on the best information staff has from SC Springfield LLC and the time constraints imposed by the review timeline. In the year 2015, Marcola Road without development traffic will carry 10,683' average daily trips (ADT), Site development traffic, Teduced as described below, will generate an additional 16,850 trips on Marcola Road. The impact of new trips over projected trips is a 158 per cent increase, or an impact factor of 1.58, SC Springfiela LLC's September28, 2007 Traffic Impacts Analysis (TIA) demonstrates that anticipated year 2015 build out of the 100.3 acre site will generate 21,6282 vehicle trip~ on average each day , '(Average Daily Traffic, ADT). Of the total 21,628 ADT, 3,5103 trips are expected to occur internally on the , 100,3 acre site, and are subtracted from the ADT which results in 18,118 (21,628 - 3,510) development trips on the surroundin~ sysiem, These 18,118 trips are distributed across the surroundin~ street network in the TIA About 93% of the 18,1'18 will use Marcola Road fronting the site (between 28 and 23'" Streets). Thus, 16,850 (93% x 18,118) new trips generated by the proposed development are expected on Marcola Road at site build out in 2015, The area of exaction to address the trip increases and associated operational and safety problems on Marcola Road is estimated to be between 0.56 and 2.0 acres5, This is an estimate because final design will occur after Master Plan approval, during the subdivision (Master Plan Phase 1 development) and public improvement project approval processes, Site exaction area for Condition #27 ranges from 24,394 sq. ft, (0,56 x 43,560) and 87,120 sq, ft. (2.0 x 43,560). The impacted area; i.e. the public right of way area impacted, is estimated to be 1,680 lineal feet6 of Marcola Road at 75 feet6 of right of way width, or 126,000 sq: ft, (1,680 x 75). Using the maximum exaction of SC Springfield LLC's land area produces the highest possible exaction ratio, i.e, the most impact on SC Springfield LLC, the ratio of exaction area to impact area is 0,69'- I Calculated from Marcola Meadows Master Plan Traffic Impact Analysis (TIA), September 28, 2007, Appendix A, Figure 3, by averaging the east/west peak hour movements at intersections I and 4 for year 2007 and multiplying by a factor of 10 to convert from peak hour to average daily traffic (AD:r) and then increasing by 2% per year for eight years to yield the ADT expected in year 2015. The factor of 10 is used in TIA Appendix F for the traffic signal warrant analysis to convert peak hour (or design bour) volume to ADT, ' 2 ' TIApage 7, Table 2, 3 Calculated from Internal Trips for Peak Hour (:rIA page 8, Table 3) and multiplying by a factor of 10 to convert from peak hour to average daily traffic (ADT) , , 4 TIA, Appendix A, Figure 3 where the average of trips inbound and outbound from the west, the east and the south of the development respectively are (57% + 20% + 12% = 89% inbound) and (62% + 22% + 13% = 97% outbound), 89% + 97% divided by 2 = 93%. , 5 Written Appeal Statement - Marcola MasterPlan LRP 2007-0028, prepared on behalf of SC Springfield, LLC (SC Springfield Appeal), Page I, Item 3, a. " 6 Measurement of applicant's Marcola Road frontage and existing public right of way width from Springfield Graphic rDformation System tool "MapSpring", ATTACHMENT 1 - 1 0 Using the minimum'exactian .of SC Springfield LLC's land area produces the lawest possible exaction rati.o, I.e. the least impact an SC Springfieid LLC, the rati.o.of exaction area ta impact area is 0.198. Comparing the impacts of develapment using the impact factor of 1.58 described abave, (158% increase in traffic) ta the largest exacti.on ratia .of 0,69, it is clear that the development traffic impact is at least 2.29 times (1.58 I 0,69 = 2,29) larger than the exactian required .of the development, and therefore meets the rough prop.orti.onality test If the smallest exacti.on ratia was used, the develapment traffic impact is 8.32 times (1.58/0.19 '7 8,32) larger than the exacti.on required. , " , When l.ooking at the exaction area compared to the total site, ihe exacti.o'n area is between '0,56% (0.56 I 100.3) and 1.99% (2.0 1100,3) of the tatal 100.3 acre site, SC Springfield LLC states in the January 4, 2008 Appeal Statement that realignment of Marcala Rd. to accommadate an access lane .on the sauth side and a roundabout intersecti.onwould cast $2,000,000 ' m.ore than the cost to canstruct the signalized intersections as prop.osed. Staff understands that intersecti.oncanstructian at the new c.ollectar lacati.on an Marcola Raad necessitates the frontage lane whether .or nat the new c.ollect.or intersectian is a raundabaut .or a signalized intersecti.on. There is n.o evidence ta suppart the assertian of the $2,000,000 cast .of realignment Detail design has nat yet .occurred and it is reasanable ta project such c.osts as a range that falls between $1,,000,000 and $2,000,000, It is SC Springfield LLC's burden to pay f.or improvements t.o cure the safety and operational prablems brought about by the Master Plan applicatian and future development as described abave, Further, as shown abave, the impact test demanstrates that impacts t.o Marcala Road are between 2.29 and 8.32 times larger than the exacti.on .of land, The additian of cast ta make roadway impravements on Marcola Raad of between $1,000,000 and $2,000,000,does nat push the prap.ortion of impact to exaction beyond any measure .of rough prop.ortianality. This analysis is based an the best inf.ormatian staff has from SC Springfield LLC and the time canstraints impased by the review timeline. ' There are als.o direct benefits of Canditi.on #27 to the property .owner and site develapment The first and mast impartant is the provisi.on of direct site access fram twa new locatians an Marcala Road. This access is essential t.o site devel.opment The secand benefit is that these twa new accesses ta Marcala Road can be canfigured, as canditianed, to mitigate the identified safety problems of multiple neighb.or driveways (10 -15) in .or impacted by new intersections as praposed by SC Springfield LLC, restricted turn movements t.o south side neighb.or driveways resulting from the new intersectians as proposed, and a 158% increase in vehicle v.olumes. This impraved safety and aperatian .of the roadway is accomplished primarily via the conditi.oned access lane for south side neighbor driveways, and alsa via the roundabout form of traffic control at the new 'callectar intersectian with Marcala Road, The exacti.on area far these impravements is sufficient ta reduce vehicle canflicts amang vehicles entering and exiting existing sauth side neighbor driveways, vehicles entering and exiting the,two new narth side access points prapased with develapment, and all vehicles traveling east/west on Marcola Raad. Taken tagether, these facts dem.onstrate that the exacti.on meets the Dolan test and is in fact prap.ortianate ta the impacts brought abaut by the approved Master Plan. Appellant SC Springfield, LLC states: "3. Master Plan Approval Canditian #27 unlawfully delegates ta the City Engineer the discretian ta impose exactians with aut reference ta standards and withaut findings .of proportianality. >> Staff respanse: 7 {(87,120YO,680 x 75)} = 0,69 , {(24,394)/(1,680 x 75)) = 0,19 ATTACHMENT 1 -11 As stated in previous cenversatiens with SC Springfield l.:LC staff is not propesing a roundabout new, er , in the future at the driveway south efLowes en Marcola Read, Staff recommends Cenditien #27, Item 5) be clarified consistent with the Planning Cemmissien deliberatien and decision en this conditien, as follows: ' 5\ Previde financial security acceotable to. the City Enllineer in an ameunt eaual to. the cost ef sianalized traffic centrol to orovide for future traffic control at the arterial/site drivewav intersection locatien. The form and timino ef future traffic centrol will be based en traffic eqeratienal and safety needs as determined bv the Citv Enaineer. and shall net include a roundabout ferm ef centroL ' The abeve condition as clarified in this report respends to. SC Springfield LLC's request fer certitude regarding no requirement fer use of a raundabaut form ef traffic centrol at the driveway south af Lowes an Marcola Read. As canditions change in the future, the City of Springfield needs the discretien to exercise engineering judgment in evaluating the proper raadway treatments to. mitigate safety and operational issues. SC Springfield LLC's prepased revisien to. the canditian is nat respansive to. the safety and aperatianal issues described above, Appellant: Donna Lentz Case Number: ZON2008-00003 Appellant Lentz states: "1. Offers retail, residential & hame improvement that are a/ready plentiful in area. 2. Cancern that land be used wisely if there is anly sa much of it to. use. 3. Project wauld passibly adversely effect urban renewal plan. 4. Passibility af impending recessian wauld p,?ve inopportune far this praject. " Staff Response: 1. Master Plan approval cannat limit, add to. er change the uses permitted in the underlying zenes. All of the propesed uses shewn an SC Springfield LLC's submittal are permitted within their respective zoning districts. 2, Master Plan approval is intended to: "Provide oreliminarv aoqroval far the entire develaement area in relatian to. land uses, a ran~e of minimum to. maximum oatimtial intensities and densities, arranaement af uses, and the lacatian af qublicfacilities and transoortatian systems when a develaoment is oroopsed to. be deve/aoed in ohases." SDC 5.13-1 05(B)(11." Altheugh 'wise use" is not specific to any'of the criteria of approval, the subsection of Master Plans cited here clearly has an abjective ef "wise use" (giving braad deference as to what the appellant might believe these terms mean) based on cansideratien af these develepment elements; SC Springfield LLC's submittal cantains each of these elements, 3, The City has two. urban renewal districts each with its own plan and neither of which has boundaries within two. miles ofthe subject property; the appellant dees nat indicate which af these urban renewal plans, if nat bath"might be affected; the appellant daes nat say why these urban renewal plans might be adversely affected; the appellant dees net explain how a Master Plan approval will adversely affect these urban renewal plans; the appellant daes not explain hew the success ar failure of urban renewal plans is related to a Master Plan appraval far land several miles away from any urban renewal districts; the appellant does not indicate which Master Plan approval criteria addresses potential effects on urban renewal plans. 4, The Master Plan applicatkm daes nat require an ecanomic forecast ar a demenstration of the , petential success ar failure af the businesses that may occupy the development area. The appellant does not indicate which afthe appraval criteria requires a cansideration of such ecenomic factors. ATTACHMENT 1 - 12 Appellant: Phillip M, Newman , Case Number: ZON2008-00004 Appellant Newman states: , ' . "1. I am a property owner in the City 6f Springfield. I could have gone to hearing if I would of had notice. 2. There was no notice posted on the Marcola Road property (Pierce property) as required by SDC 5.2- 115." ' Staff Response: These issues do not address the criteria of approval or the conditions of approval. Appellant Newman lives in Creswell and did not state the address o/his property in Springfield, Staff reviewed the notice affidavit for the Marcola Meadows Master Plan application and could not find his name, Staff also checked the Regional Land Database of Lane County under Philip Newman and could find no ,property listed under his name in Springfield, SDC 5,2-115A. states: "Mailed Notice, Where required, notice of a public hearing will be sent by mail at least 20 days before the date of the hearing. If two public hearings are required, notice may be sent 10 days before the first hearing. The mailed notice will be sent to: the applicant and the owners of record of the subject property; all property owners and'occupants within 300 feet of the subject property; the appropril3te neighborhood association; and any person who submits a written request to receive n'otice. In addition, the applicant shall post onf! sign, approved by the Director, on the subject property, Information pertaining to property ownership shall be obtained from the most recent property tax assessment role. The mailed notice shall contain the following:...." ' The applicant (SC Springfield LLC) is responsible for posting the sign. Staff was responsible for mail and newspaper notice, See also Appellant Nick Shevchynski's issues and staff response. Appellant: Dennis Hunt Case Number: ZON2008-00005 Appellant Hunt states: "The Planning Commission denied me the opportunity to participate by not following their own rules requiring posting of notice in SDC 5.2-115. I live near the proposed development and drive on the streets affected by the decision daily. A posted notice would have allowed me to participate and, express my concerns. " ' Staff Response: This issue does not address the criteria of approval or the conditions of approval. Please see staffs response to Appellant Newman above, In this case, however, after reviewing the, notice affidavit for the Marcola Meadows Master Plan application, staff determined properties on the south side of Yolanda Avenue received notice (because they were within the 300 foot notice area), Since Appellant Hunt lives on the north side of Yolanda Avenue, he was beyond the 300 foot notice area, See also Appellant Nick Shevchynski's issues and staff response, Appellant: Clara Shevchinski Case Number: ZON2008-00006 ATTACHMENT 1 - 13 Appellant Clara Shevchinski states: "Same as those of Philip M. Newman Trustee, Dennis Hunt, Les Swanger and Nick Shevchynski; and by reference I incorporate their statements and affidavits, " Staff Response: Please respond to the named appellants issues. Appellant: Wesley 0, Swanger Case Number: ZON2008-00007 Appellant's issues: "1, The proposed Marcola Road improvement project will provide an extreme negative impact on my property at 2415 Marcola Road, , , 2. My access to Marcola Road, 19'" Street and 1-105 will be very negatively impacted by the proposed Marcola Road improvement project. 3. The notification process for the Marcola Meadows project was not done according to the rules, . Staff Response: Issues 1, and 2" above are addressed in staffs response to Appellant SC Springfield LLC regarding Master Plan Condition #27, above. " Issue 3, does not address the criteria of approval or the conditions of approval. Please see staffs response to Appellant Newman above, In this case, however, Appellant Swanger's name appears on the notice affidavit for the Marcola Meadows Master Plan application, Appellant: Nick Shevchynski Case Number: ZON2008-00008 Appellant NickShevchynski states ,(there are 24 issues): "1. The appeals application states that, "The Planning Division staff can be of assistance in helping you fill out this section.' Since it doesn't state the staff "will" be of assistance I asked how and/or what assistance? The question was met with silence, 2.' . .. all of the sections on the opposite side of this page must be filed out. ' There is no opposite side. 3. Explaining "the specific points that are appealed'~ in "one sentence statement" is undue restriction and an almost impossibility. This application, for appeal procedure is unduly restrictive, contradictory, confusing, and unlawful. " ' Staff Response: Issues 1-3, These issues do not address the criteria of approval or the conditions of approval. "4, The City seems to believe in a policy that it doesn't have to abide by the law unless it gets caught and litigated. The City states that if an issue or violation was not raised below it can not be "appealed" to the next level of rubber stamping. Under the plain error rule, unpreserved claims of error do not necessarily prevent them form being raised on review. An"error of law apparent on the face of the record" falls under the plan error rule. The Oregon Supreme Court issued an opinion on Dec. 13, '07 in State v Fults overturning the Oregon Appeals Court because the plain error rule was not applied to unpreserved claims of error. ' Staff Response: ATTACHMENT 1 - 14 Appellant Nick Shevchynski's statement of the City's belief is incorrect. The hearing before the City Council is de novo and the Appellant is free to submit any information in support of his appeal. Notwithstanding the above, the Appellant has demonstrated no harm, "5. Karp's memorandum of 12-11-07, pg. 10, cites SDC 5,2-115:". . .the applicant shall post one sign, approved by the Director, on the subject property. "Pg. 11: "Staffs Response/Finding" which finds that this was not done, "Wait," you will say, "This wasn't preserved. "It's an error of law apparent on the face of the record. Don't you follow your own laws? Never mind that question. In any event it was preserved, Page 7, Karp's 12/20/07 memorandum: ". . . and the applicant not contacting the property owners prior to the public hearing, " See attached affidavit, Was this a procedural or statutory requirement? Lawyer Leahy may say procedural in order to ignore the requirement, and I say it's statutory because it's the law and your law Golf v'McEachron, " Staff Response: See staffs response to Issue #4, above, "6. There was a public hearing on this matter on 12-11_07. Because the record was still open for public comment the 'public should have been granted the opportunity for comment. Notice of this hearing was never timely mailed as required by SDC 5.2-115," Staff Response: The first public hearing was held on November 20, 2008, The intent was to let the neighbors testify so that staff could prepare a staff report that included their information and concerns, but the Planning Commission did not make a decision. That hearing was continued until December 11'h and additional public testimony was entered into the record The December 11th public hearing was continued until December 20th to hear staffs response and allow the Planning Commission to make their decision, ' No additional public notice was required. \.. "7, The issue of schools being overcrowded was addressed by a couple of letters from a couple of alleged officials, It was written that there is and will be no "overcrowding" without ever defining what that means., They say there is no overcrowding on one hand and beg for more taxes because of overcrowding on the other, These people should have testified on the record allowing the commission to ask questions and the public to hear and see them. It was an error not to consider that after ' absorbing the students from the proposed development any additional students from anywhere would cause overcrowding. " Staff Response: School District 19 determines school capacity, Their two letters are in the record. The record consists of both oral and written testimony. "8. During the 12-2()C-07 hearing no new material was suppose to be introduced in order to keep out public comment, New material was introduced, At one point lawyer Spickerman walked up to lawyer Leahy' and whispered his objection. Leahy said out loud that there was an objection because new' material was introduced. Commissioner Carpenter added additional new language to the "plan" which the public was not allowed to comment on. Notice of this hearing being open was not mailed in a. timely manner pursuant to SDC 5,2-115, " Staff Response: Staff distributed a'diagram to the Planning Commission to help explain the operation of the proposed access lane, This diagram was discussed by staff and SC Springfield LLC at a meeting prior to the December 20th public hearing, The diagram was illustrative of discussions which occurred between ATTACHMENT 1 -15 SC Springfield'LLC and staff and also served to claritY staffs response to inquiries from members of the planning Commission. "9. Kinda difficult to preserve an error as stated hereinabove when one is not allowed to speak. The issue of speech is so one-sided it's ludicrous, Rick Satre droned on and on for hours and hours and on and on. Gary' Karp droned on for hours. The City's staff droned on for hours and hours. Commissioner Evans droned on. Commissioner Carpenter droned on for hours and on and on. The public got 3 minutes! It's obvious the government doesn't want tO,hear from the public, the decisions were already made, The issue is that the city staff and friends control what is, placed on the record by not notifying the public and additionally allowing supporters to have their unrestrictive say, In my opinion this process is just wasting tax money and creating jobs and retirement benefits for staff and lawyers. . ' Staff Response: This issue does not address the criteria of approval or the conditions of approval. "10. Commissioner Nancy Moore was not qualified to vote. She told me she drove on this part of Marcola Rd. daily to her job at a grade school up Marcola. On the last day she said she didn't know if there were sidewalks on this part of Marcola, She stated with what appeared to be an attempt at humor that the City would take 17 ft. from the front of citizens' properties. It's suppose to be on 'the recorded record. This is shameful. " Staff Response: This issue does not address the criteria of approval or the conditions of approval. However, the public right-of-way for Marcola Road extends approximately 1 neet behind the existing sidewalk. The City will not be taking private property along the south side of Marcola Road, The first item in Master Plan condition of approval #27 confirm!; the City's position on this issue: "Prior to the approval of the Final Master Plan, the applicant shall: 1) Demonstrate that the improvements specified in the Final Master Plan shall not require any properly dedication south of the existing southem Marcola Road right-of- way line, " "11. The issue of the waterway was never properly addressed. Rather than have Sunny Washbum and/or her sidekicks Kim and Phil of the city staff answer questions the city staff presented a young man' who acted clueless. Or maybe it wasn't an act When he was asked by a'commissioner where the water comes from he answered, "I don't know.' This is an embarrassment and shameful. According to the person in the city manager's office "they are all engineers. . Staff Response: The drainage issue has been addressed. See Master Plan conditions of approval #38, 40, 41, 42, and 48, which all pertain to drainage. "12. Written notice of the decision was not mailed. . Staff Response: The Notice of Decision was mailed on December 21, 2007, The appellant's name is on the mailing list. "13. There were about 56 additions made without equal opportunity for comment on all of them, . Staff Response: , ATTACHMENT 1 - 16 ORS 1 ~7.195(3)(c)(B) states: "Issues shall be raised with sufficient specificity to enable the decision maker to respond to,the issue;" The "56 additions" cited by Appellant Nick Shevchynski most-likely refer to the Master Plan conditions of approval in the December 11'" Planning Commission staff report. This repost was made available to the public 7 days prior to the public hearin~. The public was given an opportunity to testify and submit written comments at the December 11 h hearing. "14. There was nothing that addresses what will be done with the bike lanes which are part of the city's , overall plan. Especially since it's planned to have them tom out 15. There was nothing that addresses what will be done with the bus stops which are' part of the city's overall plan. Especially since it's planned to have them torn out. " ' Staff Response: . ' ORS 197.195(3)(c)(B) states: "Issues shall be raised with sufficient specificity to enable the decision maker to respond to the issue;" The "bike lanes and bus stops" cited by Appellant Nick Shevchynski most-likely refer to the reconstruction of these facilities caused by the required access lane. These issues will be addressed during the design of the access lane, "16. There was/is nothing, not a peep, about the impact on the environment and/or environmental controls, " Staff Response: ORS 197.195(3)(c)(B) states: "Issue,S shall be raised with sufficient specificity to enable the decision maker to respond to the issue;" The "impact on the environment andlor environmental controls" statement is so vague, staff can not respond, "17, There was nothing that reasonably described the city's final action and it was not mailed," Staff Response: The Notice of Decision was mailed on December 21, 2007. The appellanfs name is on the mailing list "1 B. There was no input and no opportunity to question or comment on what the utility providers' positions are. Utilities are part of the city's overall plan. " , Staff Response: ORS 197.195(3)(c)(B) states: "IssUes shall be raised with sufficient specificity to enable the decision maker to respond to the issue;" In response to "utility provider's positions" staff is unsure of the context. If the context is to the entire site, SUB comments appear in the December 11th staff report (see Master Plim condition of approval #16). If the context is to the access iane project, see staffs response to Issues 14 + 15. "19. The city staff cuts-off comment and the raising of any "new" issues because it's claimed the staff are not able to open the record for rebuttal. This is false. The record may be opened by statute and otherwise when ever the staff and Joe Leahy feels like it The staff and Joe Leahy controls everything. " Staff Response: The City follows the requirements of ORS 197.763 which are incorporated in SDC Section 5.2-100 regarding the conduct of public hearings, "20. Gary Karp and Rick Satre argued that the number of trips and thusly the traffic will be below the arbitrary alleged unprovided copies of traffic studies with the addition of 512+ homes and the constant ATTACHMENT 1 -17 traffic due to one of America's largest major retailers. Yet Gary Karp and staff advocate major highway expansions to accumulate alleged non-existing rise in traffic. " Staff Response: ORS 197,195(3)(c)(B) states: "Issues shall be raised with sufficient specificity to enable the decision maker to respond to the issue;" It is unclear what Appellant Nick Shevchynski is raising regarding traffic, except that copies of the traffic studies in the record have always been available to the public. During the Metro Plan diagram and Zoning Map amendment process which considers State-wide Planning Goal 12 (Transportation) issues, Zoning Map amendment Condition #9 stated: "Submittal of preliminary design plans with the Master Plan application addressing the proposed mitigation of' impacts discussed in the TIA. The plans shall show the proposed traffic control changes allowing left- turns from the eastbound ramp center lane at the eastbound ramps of the Mohawk BoulevardlEugene-Springfield Highway intersection, The intent of this condition is to have the applicant demonstrate to ODOT that the proposed mitigation is feasible from an engineering perspective and will be constructed on a schedule that is acceptable to ODOT. Provided that construction of the proposed mitigation is determined to be feasible, then during Master Plan review and approval a condition shall be applied requiring the mitigation to be accomplished prior to the temporary occupancy of any uses in Phase 1 of the development." The following Master Plan conditions of approval address the "highway expansion" concern: "2, Concurrent with the Subdivision Tentative Plan application required for proposed Phase 1, the applicant shall submit a letter from ODOT stating that plans for the eastbound ramps of the Mohawk BoulevardlEugene-Springfield Highway intersection plans have be'en approved." and "3, Construction of the requiredmitigation improvements at the sole expense of the applicant and shall be complete and accepted by ODOT prior to final occupancy of the proposed home improvement center shown in Phase 2. " "21. The city alleges it has alligator tears and no money for street repairs yet has more money to tear-up perfectly good sidewalks, curbs, etc, in order to please a developer and investors in Reno who want' someone else to pay for their improvements." 'Staff Response: ,ORS 197.195(3)(c)(B) states: "Issues shall be raised with sufficient specificity to enable the decision maker to respond to the issue;" The "iearing up of perfectly good sidewalks, curbs, etc,"" cited by Appellant Nick Shevchynski ,most-likely refer to the reconstruction of these facilities caused by the required access lane, These issues will be addressed during the design of the access lane. However, staff has stated more than one that the property owners on the south side of Marcola Road will not incur any cost of the required access lane. Any relocation of sidewalks, curbs, etc. will be borne by SC Springfield LLC. "22, Have I said written ~otices of the hearing and decisions' were not mailed or posted timely pursuant to Oregon Statute?" Staff Response: ' Notice of the first Planning Commission public hearing (November 20, 2007) on the Marcola Meadows Master Plan application was mailed on November 1, 2007. The Notice of Decision was mailed on December 21, 2007, The appellant's name is on both mailing lists. "23, What about those fire hydrants? Pursuant to a court order by a federal judge a maintenance report was fumished and half of the hydrants on Marcola Road were non-operational. Fire protection is part of the city's overall plan and this was not even mentioned. " Staff Response: ATTACHMENT 1 -18 "24. This issue of traffic is one of being relative, Is not traffic rated by various levels? Which level is it now and what level will it be? This is part of the city's overall plan and was never addressed," , Staff Response: ORS 197,195(3)(c)(B) states: "Issues shall be raised with sufficient specificity to enable the decision maker to respond to the issue;" Staff cannot respond to this issue because it is so vague. r Appellant's Additional Submittal: , "I, Nick Shevchynski, being duly swom on oath say: I walked40gged the perimeter of the former Pierce property which is the proposed "'Villages' at Marcola Meadows" on almost a daily basis throughout Nov, & Dec, of '07 and during the Marcola Meadows Master Plan application case # CRP 2007-00028. At no time,was there a 'sign approved by the Director, on the subject property" as required by SDC 5,2-115." Staff Response: Appellants Nick Shevchynski, Newman, Hunt and Clara Shevchinski submitted the same affidavit. Staff has stated previously that under SDC 5.2-115A. The applicant (SC Springfield LLC) is responsible for posting the sign, Staff was responsible for mail and newspaper notice, I V, CONCLUSION AND RECOMMENDATION 1. Issues raised by the six neighboring property owners fall largely into procedural issues and include notice, and participation at hearings etc" but do not raise objections to any of the 53 conditions of approval. Staff has addressed all issues raised by the neighboring property owners, ' 2, Issues raised by SC Springfield LLC include adequacy of findings demonstrating proportionality, imposition of conditions not justified by the criteria of approval, and delegation of decision-making authority to the City Engineer; but raise no challenges to procedure. Of the numerous issues raised in these appeals the most significant, if upheid by the Council, is Condition #27 which requires the ' Master Plan to depict an access lane adjoining the residential properties along the south side of Marcola Road and a roundabout at the intersection at Martin Drive and Marcola Road. Attendant to this requirement is the dedication of sufficient land to accommodate the access lane and roundabout scheduled to occur during the Master Plan's Phase 1 development. The construction of the access lane would occur within existing right-of-way,butto maintain the existing cross-section of Marcola ' Road, the portion of Marcola Road abutting the development site would need to shift north onto this property. This shift would occur just west of the intersection of 28th arid Marcola and would transition back into the existing alignment just west of the new roundabout at Martin Drive. The staff's recommendation of this condition was supported by the Planning Commission and is based on: 1) the authority granted by the Springfield Development Code to require such improvements; 2) the , proposed development is the only, CQOv', improvement to Marcola Road is necessary; 3) SC 'Springfield LLC offered no reasonably workable solution to the traffic and safety conflicts along Marcola Road created by the,proposed development; 4) access at any point along the development site's frontage with Marcola Road creates traffic safety conflicts with the residential property along the paralleling south frontage of Marcola Road; and 5) the only successful mitigation of the impacts to these nearby properties, whether by using a roundabout or a traditional intersection design, is the inclusion of the access lane. Without all these improvements staff cannot support the Master Plan as submitted by SC Springfield LLC, and the Planning Commission unanimously concurred with this conclusion after evaluating the facts. . ATTACHMENT 1 - 19 , " I 3: Based upon the findings in this staff report and in the previous record, the City Council should either: A. Uphold the December 20.h Planning Commission approval of the Marcola Meadows Master Plan application, as conditioned; or B. Approve the application with modified conditions of approval; or C. If the,Council finds it cannot affirm the Planning Commission's decision, or otherwise approve it with modified conditions, then deny the application, ' !" ATTACHMENT 1 - 20 ATTACHMENT 2 MASTER PLAN CONDITIONS OF APPROVAL There are now 53" conditions of Master Plan approval as recommended by staff and approved by the Planning Commission on December 20, 2007: ' MASTER PLAN CONDITION #1. Prior to Final Master Plan approval, the applicant shall prepare a deed restriction stating that the applicant or any successor owners shall provide ' Willamalane Park and Recreation District an opportunity to review and comment on future plans for specific improvements to the proposed Oak Prairie Park, in order to better ensure that the design is compatible with and complimentary to planned improvements at Willamalane's Pierce Park during the life ofthe Master Plan. MASTER PLAN CONDITION #2. Concurrent with the Subdivision Tentative Plan application required for proposed Phase 1, the applicant shall submit a letter from ODOT stating that plans for the eastbound ramps of the Mohawk Boulevard/Eugene-Springfield Highway intersection plans have been approved. MASTER PLAN CONDITION #3. Construction of the required mitigation improvements at the sole expense of the applicant and shall be complete and accepted by ODOT prior to final occupancy of the proposed home improvement center shown in Phase 2, , MASTER PLAN CONDITION #4" Prior to Final Master Plan approval, the applicant shall prepare a deed restriction to the satisfaction of the City Attorney and Development Services Director stating that the appliCant or successor owners shall address basic underlying assumptions approved by the Planning Commission when applying for a Master Plan modification as specified in SDC Section 5.13,135, ' MASTER PLAN CONDITION #5. Concurrently, with the submittal of the Subdivision Tentative Plan application that is required for proposed Phase 1, the applicant shall submit the required legal descriptions to the satisfaction of the City Surveyor for the approved Master Plan diagram and Zoning Map amendments. MASTER PLAN CONDITION #6. Prior to Final Master Plan approval, the applicant shall prepare a deed restriction to, the satisfaction of the City Attorney and the Development Services Director that states: any change in the mix of housing units, any change in the location of housing types, or any increase in the 518 residential ~welling units shown on the approved Final Master Plan by the applicant or successor' owners shall require a Master Plan modification as specified in SDC Section 5,13."135.' ' MASTER PLAN CONDITION #7, Prior to Final Master Plan approval, the applicant shall prepare a deed restriction to the satisfaction of the City Attorney and the Development Services Director that states: the applicant and successor owners shall address the Multi-Family Design Standards specified in SDC Section'3.2-240 in a revised Attachment 2, Design Guidelines. MASTER PLAN CONDITION #8. Prior to Finai Master Plan approval, the applicant shall evaluate and address to'the satisfaction of the Development Services Director any open space requirement conflicts between SDC Sections 3,2-230 and 3.2-240. The more strict open space standards shall apply to the proposed townhouses. The results of this evaluation shall be made part of adeed restriction approved by the Development Services Director and the City Attorney, The applicant shall also calculate all required open space for the MDR portion of the site to demonstrate that the open space standard can be met and how the open space standards will be addressed in the Phasing Plan over the life of the Master Plan. ATTACHMENT 2 - 1 MASTER PLAN CONDITION #9 Prior to Final Master Plan approval, the applicant shall prepare a deed restriction to. the satisfactien of the City Attorney and the Develepment Services Directer that states: no. prepesed residential structure'shall exceed the 35-feet maximum height standard specified in SDC 3.2"215. MASTER PLAN CONDITION #10. Prior to. Final Master Plan appreval, the applicant shall prepare a deed restrictien to the satisfactien ef the City Attorney and the Develepment Services Directer that states the applicant er successor owners shall agree that the design of the uniform fence along the nerth property line that abuts the EWEB Easement/Bike Path shall be as shewn in revised Attachment 2, Design Guidelines, ' MASTER PLAN CONDITION #11. Prier to. Final Master Plan approval, the applicant shall submit elevatiens drawings for the propesed home improvement center with the required Final Master Plan to. the satisfactien ef the Develepment Services Director and specify which design standards have been utilized, MASTER PLAN CONDITION #12. Prier to. Final Master Plan appreval, the applicant shall prepare a deed restrictien to. the satisfactien ef the City Atterney and the Development Services, Directer that states: except fer the FAR standard the applicant and successer ewners shall utilize all MUC design standards in all CC zened pertiens ef the site ether than the heme imprevementcenter develepment area, In this case, only specific building design standards shall apply, The applicant shall utilize one of the fqllewing: the building design standards of SDC Sectien 3,2-445; the building design standards of SDC Sectiens 3.2620 threugh 630 er design standards similar to the existing Lewe's in Scettsdale, Arizena based en phetes already in the record, MASTER PLAN CONDITION #13. Prier to. 'Final Master Plan appreval, the applicant shall prepare a deed restrictien to. the satisfactien ef the City Attorney and the Develepment Services Directer that states: the applicant and successor owners shall be required to. submit a Zening Map amendment applicatien if any such persen propeses to. establish uses that may be permitted in the GO District but are net aUewed under the use list in the MUC District If this is the case, the develeper shall also. apply fer a Master Plan medificatien as specified in SDC Sectien 5,13-135, MASTER PLAN CONDITION #14. tl)e!Plahhin~gleomlllissio 0 th~Jr~~ll~t!gelie;j MASTER PLAN CONDITION #15. Prier to. Final Master Plan appreval, the applicant shall prepare a deed restrictien to the satisfactien ef the City Attorney and the Development Services Director that states that no cemmercial building shall exceed the 30 foet building height standard in the Low Density Residential District fer a distance of 50 feet This restrictien shall apply to. the existing residential develepment at the interface ef the propesed Commercial area west ef Martin Drive, MASTER PLAN CONDITION #16. Prier to. Final Master Plan appreval, the applicant shall prepare a deed restriction to. the satisfactien ef the City Attemey and the Develepment Services Directer that states except fer the requirement pertaining to pervieus surfaces in the parking lets, the applicant and successer ewners shall comply with the fellewing requirements requested by SUB at the time ef Site Plan Review application submittal for the heme improvement center propesed in Phase 2 and fer any additienal commercial development proposed that is within the Drinking Water Pretection Overlay Dist~ct as shown in Phase 4, As neted in the repert, each individual develeper will need to follew the requirements ef SDC Sectien 3,3-300 Drinking Water Pretectien Overlay District Applicatiens may be required, SDC Section 3.3-300requires'that all hazardous materials that pese a risk to. greundwater be stered in secondary containment In erder to meet the secondary containment requirement, the ATTACHMENT 2 - l, developer of the home improvement store will need to incorporate secondary containment into the design of the building floor and any other areas where hazardous materials, including fertilizers and other landscaping products, will be stored. Chemicals stored outdoors (fertilizers, pesticides, etc.) must be covered and placed in secondary containment . 'The north-central portion of the site for the home improvement store lies within the 0 - 1 TOTl. The 0-1 year TOTl standards, including the 500-gallon storage limit, will apply to the facility unless no hazardous materials are stored in or within 50 feet of the portion of the site that lies within the 0-1 TOTl. (Hazardous materials offered for sale in their original sealed containers of five gallons or less are exempt from the 500-gallon storage limit) All lease, agreements for the commercial spaces must include language requiring compliance with Article 17 Drinking Water Protection (DWP) Overlay District of the Springfield Development Code, Occupants may need to complete a DWP Overlay District Application, No fill materials containing hazardous materials shall be used on this site, Injection wells are prohibited within the two-year TOTl, Any injection wells outside the two-year TOTl (if applicable) must be approved by both the City of Springfield and DEQ based on proximity to domestic/public drinking water wells, soils type, and depth to groundwater, The'pictures in the application suggested that parking lots will have pervious surfaces, Please consult with the City of Springfield Public Works Engineering regarding specific guidelines and restrictions for pervious pavement within wellhead protection areas. This developmenfs emphasis on waterways and natural processes offers a unique voluntary opportunity for public education about stormwater quality and groundwater protection. Special educational signage would fit nicely into the plans for the waterways and open spaces. MASTER PLAN CONDITION #17. Prior to Final Master Plan approval, the applicant shall prepare a deed restriction to the satisfaction of the City Attomey and the Development Services ' Director that states no pervious pavement shall be permitted in any parking areas on the entire site, MASTER PLAN CONDITION #18. Prior to Final Master Plan appr9val, the applicant shall prepare a deed restriction to the satisfaction of the City Attomey and the Development Services Director that states lists all uses on th,e Nodal Development Overlay District prohibited use list specified in SDC Section 3.3-10108. applicable to the MUC District MASTER PLAN CONDITION #19. Prior to Final Master Plan approval, the applicant shall prepare a deed restriction to the satisfaction of the City Attorney and the Development Services Director that states that the applicant and successor owners shall submit Subdivision Tentative Plan applications that comply with the approved Final Master Plan. MASTER PLAN CONDITION #20. Prior to Final Master Plan approval, the applicant shall prepare a deed restriction to the satisfaction of the City Attorney and the Development Services Director that states that the applicant and successor owners shall submit Site Plan Review applications that comply with the appl'Qved Final Master Plan,,' ' MASTER PLAN CONDITION #21.' Prior to the approval of the Final Master Plan the applicant , shall provided designs for revised street widths for sections of the eastc~est streets that meet the requirements of SDC Table 4.2 to the satisfaction of the City Engineer. MASTER PLAN CONDITION #22. Prior to Final Master Plan approval, and consistent with SDC Section 4.2-105.G.2, the applicant shall revise the proposed Phasing Plan to the satisfaction of the Development Services Director to include construction of 2/3 street improvements along their entire property frontage of 3151 Street in Phase 1, Construction of these street improvements, including any necessary relocation of the existing ditch along 3151 Street, shall occur under proposed Phase 1 Public Improvement Project MASTER PLAN CONDITION #23. Prior to the approval of the Final Master Plan, the applicant shall depict a design to the satisfaction of the City Engineer that provides 30 feet of paved width ATTACHMENT 2 - 3 (two 15-foot lanes) with no on-street parking for the section of Belle Boulevard north of the Parcel 6/7 access. MASTER PLAN CONDITION #24. Prior to the approval of the Final Master Plan, the applicant shall depict a design to the satisfaction of the City Engineer that provides a minimum 41-foot wide street width to provide two 15-foot through lanes and an 11-foot wide left-tum lane where needed for the section of Belle Boulevard south of the Parcel 6/7 access, MASTER PLAN CONDITION #25. Prior to the approval of the Final Master Plan, the applicant shall comply with all street improvements to the satisfaction of the City Engineer to resolve all identified street width issues in order to comply with SDC Table 4.2-1. MASTER PLAN CONDITION #26. Concurrent with the submittal of the Subdivision Tentative Plan application for Phase 1, the applicant shall also submit a Street Name Change application in order to allow the use of the proposed street names in this Master plan application, MASTER PLAN CONDITION #27. Prior to the approval of the Final Master Plan, the applicant shall: 1) Demonstrate that the improvements specified in the Final Master Plan shall not require any property dedication south of the existing southern Marcola Road right-of-way line. 2) Provide preliminary design acceptable to the City Engineer for a roundabout intersection at the arterial/collector intersection of Marcola Road and Martin Drive, and include the dedication of right-of-way necessary to construct the improvements. The intersection improvements as specified by the City Engineer shall be constructed as part of the proposed Phase 1 infrastructure improvements. 'Final design shall be approved during the normal ' Public Improvement Project (PIP) process associated with proposed Phase 1 infrastructure Development ' 3) Provide a preliminary design acceptable to the City Engineer and the Springfield Fire Marshal for a frontage road located within the existing Marcola Road right-of-way that provides safe and efficient access for vehicles using residential driveways on the south side of Marcola Road opposite the development site. These improvements as specified by the City Engineer shall be constructed as part of the proposed Phase 1 infrastructure improvements. !f)~~~llt~lerideavClt"tCl1WdrkhWltfilthe.I~p.Plicaht!l01ClbtairilthelhiihirTlall"lrTlOUhtlofllight-'Ofwa~ necessam. 5) 'Provide financial security acceptable to the City Engineer in an amount equal to the cost of signalized traffic control to provide for future traffic control at the arterial/site driveway intersection location. The form and timing of future traffic control will be based on traffic operationa'l and safety needs as determined by the City Engineer. MASTER PLAN CONDITION #28. Prior to the appro)/al of the Final Master Plan, the applicant shall coordinate with L TD regarding the location of required bus stops, The conceptual bus stops shall be shown on the appropriate Plan Sheet . MASTER PLAN CONDITION #29. Direct vehicular driveway access to 28'"/31" Streets shall not be shown on the final Marcola Meadows Master Plan. The number, location and design of such driveways, if any, s~all be determined during the subdivision and/or site plan review process for specific developments within the Marcola Meadows Master Plan area. MASTER PLAN CONDITION #30. Prior to the approval o(the Final Master Plan, the applicant shall record a deed restriction to the satisfaction of the City Attorney and the Development Semices Director stating that the applicant and successor owners shall adhere to the approved Street Tree List ATTACHMENT 2 - 4 MASTER PLAN CONDITION #31. Prior to the approval of the Final Master Plan, the applicant shall prepare a deed restriction to the satisfaction of the City Attorney and the Development Services Director that states that all paths and accessways proposed to be constructed by the applicant and successor owners shall be private. The applicant shall also prepare a pathwaylaccessway maintenance agreement as part of the required deed restriction. MASTER PLAN CONDITION #32. Prior to approval of the Subdivision Tentative Plan for the subject properly and any associated construction, the applicant shall submit an agreement designating maintenance responsibility of the proposed private pathways as shown on Plan Sheet 8 to the satisfaction of.the City Attorney, the Development Services Director and the Public Works Director. MASTER PLAN CONDITION #33. Prior to Finai Master Plan approval, the applicant shall furnish documentation to the City from EWES satisfactory to the City Attorney and the Development Services Director demonstrating the applicant has permission to construct the three proposed privaie accessways on EWES properly. if[tie!<::I!ylwillrWOrkrwithltne'aQplicailffinYoraer,tbrobtairHlhe rtecessatVreaserhertts MASTER PLAN CONDITION #34. Prior to Final Master Plan approval, the applicant shall prepare a deed restriction stating to the satisfaction of the City Attorney and the Development Services Director that any maintenance of the accessways shall be the sole responsibility of the applicant or successor owners. MASTER PLAN CONDITION #35. Prior to the approval of the Final Master Plan, the applicant shall provide an executed operation and maintenance agreement for the proposed accessways that meets the approval of the City Attorney, the Development Services Director and the Public Works Director. MASTER PLAN CONDITION #36. Prior to the approval of the Final Master Plan, if EWES requires bike way improvements, the applicant shall describe the extent of those improvements and submit construction plans with the Subdivision Tentative plan required for the implementation of Phase 1. The construction shall be complete and approved by the appropriate agency prior to the occupancy of the home improvement center proposed as part of Phase 2, MASTER PLAN CONDITION #37. Prior to Final Master Plan approval, the applicant shall submit a sanitary sewer study in accordance with Section 2.02.2 of the City's Engineering Design Standards and Procedures Manual, , MASTER PLAN CONDITION #38. Prior to Final Master Plan approval, the applicant shall show on the Plan Set the existing 10 inch public sewer pipe on the westerly properly line in a location ' outside ofthe enhanced drainage swale. The associated construction for either moving, the swale or relocating the existing sewer pipe shall be the responsibility of the applicant and shall occur during the' Phase 1 improvements. Any necessary easements associated with said construction shall be shown on the Subdivision Tentative Plan, required to implement Phase 1, MASTER PLAN CONDITION #39. Prior to Final Master Plan approval, the applicant shall furnish information to the City for review, indicating how the existing building located on the subject properly receives sanitary sewer service. If the building is served by a septic tank and drain field, the applicant or successor owners shall be responsible to remove and decommission the tank and drain field in accordance with applicable state requirements. The existing building shall be removed prior to the recording of the Subdivision Plat required to initiate Phase 1. MASTER PLAN CONDITION #40. Prior to Final Master Plan approval, the applicant shall submit a revised drainage study to the satisfaction of the City Engineer, which incorporates all the supplied supplemental information for the tentative drainage study in one final document ATTACHMENT 2 - 5 " MASTER PLAN CONDITION #41. Prior to Final Master Plan approval, the applicant shall revise the drainage study recommendation that the minimum street grade on the site be 464,38 feet. The applicant shall recommend that minimum street grade on the site be 464,38 feet plus all applicable hydraulic losses associated with pipe length, friction, bends, etc. to the satisfaction of the City Engineer. ' MASTER PLAN CONDITION #42. Prior to Final Master Plan approval, the applicant shall supply drawdown results in the drainage study for the two proposed detention ponds, verifying they meet the minimum required drawdown time of 48 hours for the 25-year, 24-hour storm event, as specified in Section 4,12.8.3 of the City's Engineering Design Standards and Procedures Manual. MASTER PLAN CONDITION #43. Prior to Final Master Plan approval, the applicant shall submit , additional information regarding the proposed swale along Marcola Road. Specifically, the applicant shall indicate why this swale is proposed to be public and located in a public easement. MASTER PLAN CONDITION #44. Prior to Final Master Plan approval, the applicant shall submit a revised street cross section detail which shows area for a proposed roadside water quality swale, as shown in plan view on Plan Sheet 9. MASTER PLAN CONDITION #45. Prior to the recording of the Subdivision Plat, and prior to City Council acceptance of the Phase 1 Public Improvement Plan review, the applicant shall enter into a maintenance agreement with the City to the satisfaction of the City Attorney and the City Engineer for the re-Iocated storm channel and associated Phase 1 water quality features, MASTER PLAN CONDITION #46. Prior to Final Master Plan approval, the applicant shall designate on the Plan Set specific areas set aside for water qualityrnanagement on each proposed parcel to the satisfaction of the City Engineer, Specifically, the applicant shall show that adequate space is available on each parcel to meet the City's requirement of 50% vegetative treatment of non- buildable rooftop area, as required by the Engineering Design Standards and Procedures Manual, MASTER PLAN CONDITION #47. ConcurrenUy with the submittal of the Subdivision Tentative Plan required to initiate Phase 1, the applicant shall submit a detailed planting plan in compliance with the City's stormwater quality standards. MASTER PLAN CONDITION #48. During construction of the Phase 1 improvements, the applicant shall, at their expense, install the required plantings in the relocated drainage ditch, as required and approved in the Joint Permit Application by the Army Corps of Engineers and Division of State Lands. MASTER PLAN CONDITION #49. Prior to Final Master Plan approval, the applicant shall provide additional detail, to the satisfaction of the City Engineer, showing that installation of the 12 inch water line paralleling the existing 42 inch sanitary sewer line will not impede maintenance access or replacement of the existing 42 inch sanitary sewer line, MASTER PLAN CONDITION #50. Prior to Final Master Plan approval, the applicant shall prepare a deed restriction to the satisfaction of the City Attomey and the Development Services Director that requires the applicant and successor owners to comply with the additional MUC District development standards specified in SDC Section 4.7-180. ' MASTER PLAN CONDITION #51. Prior to the submittal of the Final Master Plan, the applicant shall submit the Phasing Plan conceptually agreed to by 'staff and the applicant on December 18, 2007, which provides a logical phasing proposal. The Phasing Plan may require additional modification to the satisfaction of the Development Services Director anq the Public Works Director. ATTACHMENT 2 - 6 MASTER PLAN CONDITION #52. Prior to the submittal of the Final Master Plan, the applicant shall submit a proposal to the satisfaction of the Development Services Director, the Public Works Director and the City Attorney to guara~tee that the Phasing Plan required by this condition can be achieved, MASTER PLAN CONDITION #53. Prior to the submittal of the Final Master Plan, the applicant shall reconcile discrepancies between Plan Sheets 7 and 8. MASTER PLAN CONDITION #54. Concurrent with Subdivision Tentative Plan application required as part of Phase 1, the applicant shall submit the following information: 1) a permit from the Army Corps of Engineers and/or DSL for the relocated watercourse and work within the wetlands; 2) the approved Mitigation/Monitoring Plan for the watercourse; 3) a copy of any contingency bond and an explanation of how Compliarice with the Monitoring Plan will occur with any subsequent change in ownership over the life of the Master Plan; and 4) any other condition imposed by either the Army Corps of Engineers or DSL. The contingency bond and l!1e explanation of compliance shall to the satisfaction of the City Attorney and the Development Services Director and shall be made part cif a deed restriction, , , * The Planning Commission deleted condition #14, ,( ATTACHMENT 2 7 CITY ATTORNEY'S OFFICE SUITE D, 223 A STREET SPRINGFIELD, OR 97477 (541) 746,9621 FAX (541) 746,4109 www.ci.springfleld.or.us January 8, 2008 Jim Spickerman Gleaves Swearingen Potter & Scott LLP , 975 Oak Street, Suite 800 PO Box 1147 Eugene, OR 97440 RE: Marcola Meadows Master Plan LRP 2007-00028 Appeal of SC Springfield, LLC Filed January 4, 2008 Dear Mr. Spickerman: Thank you for your above referenced Appeal. In reviewing the 120-day time,line on this matter, it is our understanding that you have provided an extension of four days, from January 26,2008 until January 30, 2008~ This Appeal is scheduled to be heard by the City of Springfield Common Council on January 28, 2008. Without any further extension of the 120-days by the Applicant, SC Springfield, LLC, the. Council will need to make a decision on the Appeal on January 28, 2008. I am concerned that the Council may wish more time to deliberate and consider this matter, Accordingly, lam inquiring as to whether the Applicant would be willing to extend the, 120-day period by another 12 days, that.is until February 11, 2008. That would permit the Council to extend its deliberation for two more weeks until the February 11, 2008 Council meeting, ' Please inquire of your client whether such an extension would be provided. I would like to, be able to inform the Council well ahead of the Council meeting that, if necessary, it may continue its deliberations to the February 1'1, 2008 meeting. , . .. /lA TT ACHMFN,T~...-1 AA" b'ALMM/,i:1'rffn. 'rf1 ?)Y"'PYl'PU"'P Jim Spickerman January 8, 2008 Page 2 Thank you for your anticipated courtesy and cooperation, Sincerely, LEAHY & COX, LLP , ',_,,,,"',", :J \ ~,.L. ':-} \ ,---" '-- .-\ Joseph J. Leahy JJL:llk cc: Gino Grimaldi Bill Grile Gary Karp N:\Oty\Plannlng Zoning\Man:a1a Meadows ApPeaI\Ltr to Spickerman.wpd ATTACHMENT 3 - 2 Minutes approved by the Springfield Planning Commission: 1-15-2008 City of Springfield Regular Meeting MJNUTES OF THE REGULAR MEETING OF THE SPRJNGIELD PLANNJNG COMMISSION TIIURSDA Y, December 20, 2007 Tbe City of Springfield Planning Commission met in regular session in the Council Meeting Room, 225 Fifth Street, Springfield, Oregon on Thursday, December 20, 2007 at"6 p,m., with , Frank Cross as Springfield Planning Commission Chair. ATTENDANCE Present were Chair Frank Cross, Vice Chair Bill Carpenter and Planning Commissioners Lee Beyer, Johnny KirschpnTnonn, Lee Beyer, Sheri Moore, Eric Smith and TerriLeezer. Also present were Development Service Director Bill Grile, Planning Manager Greg Mott, Plaiming Supervisor Linda Pauly, Planning Secretary Brenda Jones, and City Attorney Joe Leahy" ABSENT PLEDGE OF ALLEGIANCE . Tbe Pledge of Allegiance was led by Chair Frank Cross, BUSINESS FROM THE AUDIENCE · None OUASI-.nJDICAL PUBLLIC HEARING Chair Cross announced the meeting was a continuation of the December 11, 2007 public hearing for the Marcola Meadows application, . He said that no public testimony or applicant rebuttal would be accepted as ihe meeting was intended for commission deliberations, Master Plan - Marcola Meadows - LRP2007-00028 - On December 11 th, the Planning Commission reopened the Master Plan public hearing continued from November 20th, The Planning Commission heard testimony from staff, the applicant and the public, but did not make a decision, on December lith, instead, the Planning Commission voted to defer staff's response and the applicant's rebuttal until December 20th and make its decision on the Marcola Meadows Master Plan on that date, Chair Cross called, for ex parte contacts or conflicts of interest. Commissioner Carpenter indicated he had listened to the tapes of the last meeting and would be able to participate in the 1 ATTACHMENT 4 - 1 commission discussion. He had received three e-mails that afternoon in regard to the application that he had not reviewed and had forwarded to Ms, Jones, so did not consider them to be a contact, Commissioner Moore indicated she had received the same e-maiJs and forwarded them to Ms, Jones without reviewing them, Commissioner Sririth indicated he had received the same e-mail messages and also had a contact with staff regarding the issue of property rights, Commissioner Kirscht>'nTYI~nT\ said he had been out of town and had not had he opportunity to review his e-mail. Commissioner Leezer indicated she had listened to the tapes of the last meeting and believed she could participate in the hearing. She had received the e-mails previously mentioned and had forwarded them to Ms, Jones. Commissioner Beyer indicated he had received the previously mentioned e-mails and deleted them, Chair Cross had received the e-mails mentioned and did not think they would affect his voting. Mr, Karp said the document before the commission was staff's response to the testimony submitted by the applicant, who focused on eight conditions of approval, In meetings with the applicant, staff found there were two other conditions affected by the eight conditions in question, He requested the commission leave the two conditions and modifY the second conditions as explained in the staff report, J At the request of Commissioner Beyer, Mr, Karp briefly revlewed the conditions of concern. ~ Condition 27 - regarding the roundabout, The, intent was for one roundabout to be constructed as part of the application; that condition would be reserved for the future and the City would require the applicant to supply a bondfor any signalization improvements, Condition 51 - options for phasing. The applicant submitted a revised phasing plan, which staff was in accord with. Condition 56 - regarding adaptive reuse. Staff determined the condition could not be applied and requested the commission to delete it. Condition 55 - request by Lane County for Off-site street improvements. He requested that the commission delete the condition because Lane County hadfailed to provide ~ Dolanfindings. ' Condition 1 - concerning Wiilamalane Parks and Recreation District, The intent of the condition was that the applicant would discuss park issues with the district and that had been modified. Condition j 2 - concerning use of mixed use commercial design standards in the Community Commercial (CC) district, That was clarified to apply in the case of Lowe's , portion of the CC district to the building design itself. , 2 ATTACHMENT 4 - 2 Condition 16 - pertaining to the drinking water protection overlay district, The condition had not been modified. Condition 18 - the application of the nodal development overlay districtprohibited use list in the CC district. Staff agreed with the applicant's concern and revised the condition accordingly, Condition L4 - regarding the 30-foot setback The applicant had agreed to install a 30- foot wide, building setback buffer between the buildings and the properties on the south side of Marcola Road, but due to the dedication required for the roundabout, staff revised the condition to provide an exception to make up for the loss of right-ol-way. Responding to a question from Commissioner Beyer as to why the 3D-foot setback was proposed, Mr, Karp said the former zone included a 3D-foot landscape setback and the applicaot volunteered to retain it during the zone change process to address neighbors' concerns that the development would be visible from their residences, ' Responding to a question from Commission Carpenter, Mr, Karp said the applicaot agreed to provide bonding to pay for traffic signals, Commissioner Carpenter asked what ,would happen to that money since the intersection was to be converted to a roundabout; he suggested that it should be used to purchase laod rather than graot the applicant a setback offset. Mr, Karp anticipated that the costs incurred by the applicant for the street improvements, internal collector street, the roundabout design, aod the access road on the south side of Marcola Road would be rougb]y equivalent to the costs that the applicant would have otherwise incurred, Mr. Karp said that staff had never determined how much property would be required for the dedication and no fIrm figures had been discussed, That would not be firm until the subdivision application was submitted. ' " Commissioner Carpenter questioned why the City should trade land for a setback in the absence of firm information about the amount ofland needed for the roundabout. Mr, Karp said the setback could be up to 20 feet but acknowledged staff did not know what it would be for sure at this time, Staff was trying to deal with the current sitUation in that the applicant had decided to use the 3D-foot setback on their own volition because it was similar to the Campus Industrial setback. If the City required the dedication of right-of-way on top of the setback, that would take more land, 'Commissioner Carpenter argued that the City could buy the land with the traffic signal funding. Mr. Mott said that the issue was not that of buying the land, but making sure there was sufficient area for the roundabout. The City was not discussing buying property. Mr, Karp added that there was no monetary exchange contemplated for aoything, Commissioner Carpenter asked if staff objected to adding text to ,the condition that read "The. , setback lands would only equal the amount of laiJd that additionally had to be included for the roundabout or other needed traffic improvements." He maintained that the text was vague as to how much land the applicant could take into the setback. Mr. Karp said that it was vague because it was conceptual. Commissioner Carpenter said there was a 3D-foot zoning setback, Mr, Karp reiterated that the 3D-foot setback was volunteered by the applicant to be consistent with the setback required by the Campus Industrial zone; the CC zone bad a ten-foot setback. 3 ATTACHMENT 4 - 3 ' The City did not want to penalize the applicant for the setback when it waS in excess of what was required by the code. Mr, Mott said that the only area where there would be a reduction was the area of the roundabout, not the entire frontage of Marcola Road. The setback where the arch of the roundabout intersected with the private property would be 10 feet. Commissioner Carpenter questioned if the text was sufficiently clear as to that point. Attorney Leahy spoke to Condition 55, saying that he had seen some e-mail messages indicating that the County might renew the request with the provision of additional information when the applic'ation was forwarded to the City Council, Commissioner Calpenter had some questions about conditions not mentioned by staff. He referred to Condition 15, which discussed a 30-foot building height in the low-density residential (LDR) district, He said that it appeared some of the residential district would have a ground . level elevation raise' of three feet from the current elevation. Mr, Karp concurred that the raise could be two to three feet for the residential portion of the site. The intent of the condition was to make sure that any proposed co=ercial development did not exceed the residential height standard, At this time, the applicant was proposing parking lots in the setback area, and that was not likely to occur because it would require a modification to the master plan' to move the buildings closer to the line, Mr. Karp pointed out the ,area where fill would occur on a map, Commissioner Carpenter determined from Mr"Karp a 30-foot home could be built in the LDR zone, Mr, Karp clarified that the condition applied ouly to the area where the co=ercial area interfaced with residential development to the west. Commissioner Carpenter asked why it should apply only there given the three foot grade height and the potential someone could build a 30-foot home at the setback, Mr, Karp pointed out that such a house would be measured from the grade height of the property in question, not another person's property, ,Commissioner , Carpenter suggested that the commission might decide such a condition was warranted for the neighbors west of the property. It could state the grade used must be that in place now and for 20 or more years. Commissioner BeY,er asked why Commissioner Carpenter would want to make that condition. C('mmi~sioner Carpenter said that neighbors would be facing a 33-foot setback house rather than a 30-foot setback house, Mr. Karp pointed out that regularly occurred in Springfield where elevations varied, Commissioner Carpenter referred to Condition 22 and said he saw nothing in the record justifying a two-thirds street improvement. Mr, McKenney said that the applicant's property was located on one side of a street not built to Urban standards, and the code stipulated the minimum two-thirds improvement, which provided sufficient pavement for travel in two directions. He acknowledged that in an ideal world the entire'street would be improved but the City could not compel those improvements from the property owners on the opposite side of the street, 4 ATTACHMENT 4 -' 4 Responding to a question from Commissioner Beyer about whether the street improvements would impel changes to the drainage channel, Mr. Stouder replied that the ditch will need to be piped. ' ' Commissioner Carpenter referred to Condition 33, which addressed the connection to the Eugene Water & Electric Board (EWEB) bicycle path, The condition indicated that ifEWEB did not reach agreement with the applicants about an easement, there would be no connection. Mr, Karp said that Springfield could not compel action on the part ofEWEB, Commissioner Carpenter pointed out that the development was a nodal development and given the location of the schools, he considered it "ridiculous" that 500 houses would not have access to the bicycle path because EWEB decided it did not want to grant eigbt-foot rights-of-way in three different places, He recommended the commission add a provision to the condition that read "The City shall assist the appliCant in any way to make sure the right-of-way can be acquired at fair market value," Attorney Leahy asked Commissioner Carpenter who he envisioned acquiring the property, 'Commissioner Carpenter anticipated that the City would buy it as it constituted a transportation facility and meet a nodal development goal of taking people out of their vehicles. Attorney Leahy that the commission could recommend to the council that it directstaff to negotiate with EWEB for the property; if that was not successful he supposed the City could consider eminent domain. Attorney Leahy said that condition could be amended to read that the applicant would endeavor to obtain rather than acquire an easement and that the City Council assist the applicant in that endeavor. ' Speaking to Condition 43, Commissioner Carpenter questioned the hick of mention in the record as to why the area of the swale was a public easement. He asked why the City could not get an answer about that now, Mr, Stouder said the condition was included because it was not clear from the drawings where the water was coming from. He pointed out the area in question on a map, He said'the answer could be simple, If the water was coming from a private site, the City would not want the responsibility of maintaining the swale, Commissioner Beyer asked that staff explain the condition regarding the roundabout. Mr, Barnett said that all transportation infrastructure including the roundabout and frontage road, would be constructed in Phase I. Staff also included a provision for fmancial security to , construct any necessary traffic controls at the Lowes driveway on "Marcola Road in the future, Commissioner Beyer asked if traffic signals would work at the intersection, Mr: Barnett said that signals would work, but he reminded the commission of the discussion it heard previously regarding roundabouts. , The distinction between the two approaches was less important than the frontage road that would provide driveway access. The applicant's proposal with traffic signals, did not adequately address driveways and due to the unsafe conditions that created, staff recommended the proposal that led to Condition 27, Commissioner Kirschenmann asked if it was possible to have the frontage rOlid without a roundabout or traffic signals, 'Mr, Barnett suggested the fust question to answer was whether a frontage road was needed, and if the answer was yes, what type of controls were needed at the intersection, If the answer was no, the question was still the controls needed, He said staff could "' 5 ATTACHMENT 4 - 5' conceive of a way to deal with the intersections with a roundabout that addressed the driveways; it was less clear how that would occur with no traffic signals or frontage road. Commissioner Smith asked if the applicant and City were in agreement about Condition 27, Mr, Barnett said yes, Commissioner Carpenter saw no justification for the frontage road outside the general concept of safety, and pointed out that 14 residences would use the road, He asked how many of the 'residences were between Marcola and Martin roads, Mr, Barnett did not know. He clarified that the 'frontage road would serve driveways along the south side of Marcola Road starting at the west property line of the applicant's property and run to the eastern most driveway on Marcola Road, The frontage road would be approximately 1,200 feet long. Commissioner Beyer determined from Mr. Barnett that the existing Marcola Road would be essentially shifted to the north, Commissioner Beyer observed that the configuration of the existing shopping center to the north seemed to work fine, He questioned whether the property in question would generate more traffic than that. Mj-, Barnett said the development would generate more traffic than, currently existed. He said those activities that are occurring south of Marcola ROad in front of Rite-Aid, the existing southern development that is opposite of the northern development, in all cases people could drive out of the driveways head forward and did not have to back out of the driveway to reach the public street. Commissioner Beyer observed that the lots in question were quite deep. People on deep lots such as the ones found on Q Street frequently did not back out on such lots but turned around on their property and, went out headways, Mr, Barnett said that would require reconstruction of the driveways on the private parcels, Commissioner Carpenter determined from Mr. Barnett that the typical residential trip generation , , was about ten: trips per day, .- Commissioner Cross remarked that Q Street and Hayden Bridge lacked the co=ercial traffic to be found on Marcola Road, which was one of his concerns, Mr, Barnett said volumes would be higher on Q Street, but truck volumes were higher on Marcola Road. He noted that trucks exiting at Mohawk must use the route and could not go south from the freeway, Commissioner Beyer assumed that trucks would go down to 42nd Street. Mr, Barnett said that current traffic patterns did not support that assumption, Commissioner Carpenter suggested that 28th Street between Centennial and Main streets could be an example to consider given the truck traffic that street experienced, That street did not have sufficiently long driveways to allow for automobiles to turn around, Mr, Barnett said that there were some residences that accessed 28th Street directly, but most residents accessed the side streets that led to 28th Street.' Mr"Barnett referred the commission to Attachment3-1, which discussed the issues associated with residential driveways on Marcola Road, He said that where vehicles attempted to gain access to the driveways, in certain instances there would be queues of vehicles attempting to reach the applicant's land 'area, and those queues would block left-turning access in and out of 6 ATTACHMENT 4 - 6 thQse driveways, and the frontage road resolved that issue, If there was no queue and a vehicle could still make the left turn in the driveway, they would be blocking the westbound through movement of the roadway in several locations, those closest to the intersections of public streets, Because the public streets would have to have a dedicated left turn lane into the applicant's property, one would be unable to make a left tUrn from the left turn lane, A left turn into a residential driveway would have to be made from the through lane because of the fact of the dedicated left turn lane, Commissioner Carpenter suggested that one would have to drive to the roundabout and go back east. Mr, Barnett said yes. Continuing, Mr, Barnett said that to prevent problems associated with motorists trying to turn left across two lanes and occupying the westbound through lane while trying to make the turn, it was likely the City would require a curb to separate the left turn lane from the westbound through lane, which would prohibit the left hand turn and there would not be left turn access in or out of those driveways, Commissioner Carpenter pointed out that the frontage road would not allow access to Marcola Road anyway; motorists would have to detour down the frontage road to reach Marcola Road, Mr, Barnett concurred, He said there would be minor out-of-direction travel touse the frontage road, Chair Cross pointed out that ,the City would be able to limit that to two locations at either ,end of the frontage road and at a point that did not interfere with trafflc coming from the north, Mr, Barnett said staff had noi yet identified the location of the conoections, ~esponding to a question from Commissioner Moore, Mr. Barnett said the frontage road would be a two-lane, two-way road, The intent of the road was to separate the relatively low speed access movements occurring at the driveways from the high-speed, high truck volume road, At the request of Commissioner Beyer, staff shared the diagram showing the concept of the roundabout. Chair Cross remarked that initially, he had envisioned the frontage road as being only in the area of the roundabout, but now it appeared that the frontage road woUld be along the full length of the property, leading to a different setback along Mohawk. Mr. Barnett said that the applicant had demonstrated what the original condition required in regard to the roundabout, and it was the applicant's suggestion as reflected in the diagram that the frontage road only occur at the roundabout. However, the diagram did not address the driveways not serviced by the frontage roads, so all the difficulties he described would still apply to them. Chair Cross agreed a frontage road was safer, but questioned what happened to the 30-foot setback, as allofMarcola Road had been pushed into the applicant's property, Mr, Barnett said there was about 77 feet of existing right-of-way, and the frontage road would require 20 feet plus some additional footage for sidewalks, The remnant right-of-way was available for the relocated Marcola Road, with some additional right-of-way dedication needed along the northern edge of Marcola Road to accomplish the relocation. H'e said that the 30-foot setback would only be affected in the area of the roundabout.. , . Commissioner Beyer confirmed with Mr. Barnett that he was talking about a 20-foot frontage road that ran the entire length of the applicant's property, Responding to a follow-up question 7 ATTACHMENT 4 - 7 , from Commissioner Beyer, Mr, Barnett said that a nine-foot travel lane was not uncommon in low-volume situations, The width would be sufficient for garbage and delivery trucks. It would include a median whose width was unknown at this time: The offset associated with the construction of the roundabout at Ma:rtiTIDrive would move Marcola Road up to the north to some extent; that offset was necessary because the entirety of the roundabout would be constructed within the existing right-of-way, and there would be no right-of-way obtained from any of the existing residential properties to the south. Commissioner Beyer asked if residents could enter and exit the frontage road at the intersections where the rouridabouts were, Mr, Barnett said that was a possibility; it was a detail yet to be determined. He thought there was also potential for a connection at the point where Marcola Road transitioned to the south to connect with,the existing Marcola Road, I Responding to a question: from Commissioner Moore about additional easements that might be available, Mr, Barnett said there was approximately seven feet between the back sidewalk and property line, and it was already dedicated right-of-way, Commissioner Carpenter asked if reducing the frontage road to one-way would reduce the amount of pwp'-~~j needed. Mr. Barnett said that if the road could be narrowed, which would'be a question for the Fire Marshall; it would reduce the amount of land needed, He could not speculate on what the Fire Marshal would require. Commissioner Cross solicited comments from the commission, Commissioner Beyer was unsure about the concept of the frontage road as he was unsure it made conditions safer for residents, as opposed to'realigning how they left their driveways, He thought from an aesthetical viewpoint, the frontage road was worse for the residents and could' reduce their property values.. He was not convinced about the value of the frontage road, or convinced the' residents wer~ better of with a roundabout as opposed to traffic signals, Commissioner Moore pointed out that a frontage road increased traffic safety for residents as children on bicycles leaving a property could go right out on,to Marcola Road, whereas otherwise they would enter a low-volume frontage road. She recalled ihe closure of a street that intersected, with Pioneer Parkway that led to improved residential conditions, even though residents lacked access to the main street they had at one time. She, envisioned that planted with trees, the frontage street could be a positive addition for the residents, . Commission Carpenter favored the proposed roundabout at Martin Way because he thought traffic volumes would move more slowly, He thought it fossible that residents of Arnbleside might use the route as a shortcut to avoid the signal at 28 Street and Marcola Road because of the turning circle, but he thought the roundabout could handle the traffic well, He was glad to see the other roundabout, eliminated, Commissioner Carpenter was very concerned with the amount of pavement and the right-of-way, that would be required in association with the frontage road. He suggested that the commission add a condition that allowed the residents who wished it to have a paved turnaround funded by the applicant. He suggested that alternatively, the City could consider 300 feet of asphalt in \, 8 ATTACHMENT 4 - 8 small turnarounds located by driveways vers~ 1,200 feet of asphalt 20 feet wide bounded by sidewalks, He could not envision such a facility for 120 trips a day. He did not think the frontage road would cut down on the noise from Marcola Road given the narrow distances involved. ' Transportation Planning Engineer Gary McKenney spoke to the purpose of the frontage road, , He said that the applicant's original proposal was for traffic signals at the two locatious, Whether traffic signals or roundabouts were installed, the same issues arose, The residents on the south side of the road within a certain distance of th.ose points would be prohibited from turning left into their property or left out of their property, The City's objective was to mitigate , the impact that would fall to those affected residents. The frontage road was aimed at mitigating the loss of that convenience to those residents and provide them with a way to get off and onto , their properties safely either from the east or west as they were able to do today. Chair Cross recalled that some residents would have driveways entering into an intersection, so they would be backing out into the middle of an intersection, Mr, McKenney said lh,at those residents would be left with right hand, right out, access only. It was clear that several residents would experience a significant impact if not provided with some mitigating facility, Mr, Barnett's suggestion for a frontage road essentially created a private driveway for residents, Commissioner Beyer asked if elimination of the direct driveway to Lowe's would lessen the problem, Mr, McKenney said that it would'eliminate the problem caused by that specific driveway. Mr, McKenney said that what was envisioned at the two locations being discussed was not similar to locations to the west, where only un-signalized driveways were involved and the City 'had not experienced any problems, In this instance, the City was creating a major intersection at , , Martin Drive and a major co=ercial driveway intersection on Marcola Road, and it was that creation and the way that they needed to be controlled that generated the issue about impacts to driveways on the south side of the road, , Commissioner Beyer pointed to one of the maps on the wall and asked what would happen if one of the roundabouts was eliminated, which would reduce the size of the frontage road. Mr. McKenney said that a roundabout made a u-turn more straightforward than at a signalized intersection, which would allow residents to go to the roundabout, make a u-turn, and return to their properties, Commissioner Beyer explained that he was having a difficult time accepting a frontage road along the length of Marcola Road as he perceived it would result in a significant diminution in value for those property owners, Mr. McKenney said to the extent the frontage road was limited, residents would be forced to do more out-of-direction travel. A frontage road the entire distance from the Martin Drive intersection to the home improvement intersection would add convenience for all residents, who would no longer have to use Marcola Road to access their properties. It would essentially be a pubiicly owned and maintained private driveway, and it could be accessed from either end. It would eliminate unsafe movements from driveways out onto Marcola Road. \ 9 ATTACHMENT 4 - 9 Attorney Leahy asked Commissioner Beyer if his concerns related to the frontage road regarded the impact of the two roads as the road would not take from any properties and was within the existing right-of-way. Commissioner Beyer perceived it as a much more restrictive access to the properties. Commissioner Carpenter suggested that Mr. McKenney's conclusions were in error because the frontage road would connect to Marcola Road and the left turn onto the frontage road would be no less safe than a left turn outside the impact area of the roundabout than making a left hand turn onto their own driveway without a frontage road. Mr, McKenney said that the City was trying to provide residents with a safer route than they have now, It could be the south side of the roundabout or the south side of the commercial drive, Chair Cross observed that residents would be better able to control where they entered the public street system, Commissioner Carpenter pointed out that Harvest Lane (sic) did not have access to the roundabout. Mr, McKenney confIrmed that Commissioner Carpenter was referring to Wayside Lane at the MKLIHarlow Road roundabout, and confirmed that Wayside Lane has both exit and entrance access to the roundabout. He observed that the system being discussed had not yet been designed, which made it difficult to evaluate it in detail. Mr, Barnett shared a sketch of the proposed configuration that was' discussed with the applicant. Attorney Leahy noted an objection from the applicant's representative, James Spickerman" to what he perceived was new evidence being entered into the record, It was Attorney Leahy's opinion that staff could answer the question,and the record would reflect the'objection from the applicant. He wanted to make it clear that the sketch provided tO,the commission was not a design but provided in response to the question as to whether motorists. could be directed onto , Marcola Road safely. Mr, Barnett said the sketch did not represent a connection between the T intersection atLowe's and the frontage road; there was a thin line showing that separation, , Commissioner Smith endorsed the approach proposed by staff, He thought the residents would gain from a well-designed frontage road. He acknowledged that residents were giving something , up but given that adaptive reuse had been dropped, the City was showing it was looking out for the rights of both properties. He thought the frontage road a big win for those offering, testimony. If the applicant was in agreement, he thought the outlook good, Responding to a question from Commissioner Carpenter, Transportation Manager Tom Boyatt testified that he was in attendance at both of the meetings where the design was discussed with the applicant and it appeared at the conclusion of the most recent meeting the concept outlined in the sketch was workable and the applicant did not object. The CitY had also committed to tightening up the design to m;n;mi7e the impact on the north side, There were many design , details to be worked out. Commissioner Beyer believed that the proposed design could work but one of the tradeoffs that might be needed on the part of the City was reconsideration of the 3D-foot setback. He acknowledged its origin in the zoning but suggested that the issue could be addressed through extra buffering. He did not see the setback as consistent with City policies related to building 10 ATTACHMENT 4 - 10 location and pedestrian-friendly design, Attorney Leahy agreed the setback could be revisited, and encouraged the staff to work with the applicant to minimi7e the impact of the design on the north side. Commissioner Carpenter suggested to Commissioner Beyer that the nodal concept called for the buildings to be located away from the street face rather than against it. Commissioner Beyer did not think: that made sense as they would be less pedestrian friendly, Commissioner Carpenter suggested that one "node from the center of the node out" rather than "node outside the node in." Mr, Karp said that there were design standards for co=ercial and industrial buildings and some' setback standards, which would be complied with. He said that the question that continued to come up was that of the 30 foot setback, which was a condition established through the zone change and carried forward to the Mater Plan,application. He thought that the City was "stuck" with that. , Responding to' a question from Co=issioner Beyer, Mr. Karpconfmned the setback was 30 feet from the property line. Cnmmi..ioner Beyer noted the adjustment to the road location and asked i(staffint~'p,~~ed that to mean that that it would be narrowing the setback to ten feet the whole length of the roundabout until it tapered back to the existing roadway. Mr, Karp thought , the intent was that it would be around the radius of the roundabout. Mr. Karp asked Attorney Leahy to speak to the City's ability to respond to a change in circumstances (the dedication of additional right-of-way) after the fact of the zone change condition to allow the setback to be reduced. Attorney Leahy indicated he would have to research that question in time for the council's review and detennine 'if the condition could be modified. He asked how it came to be a condition of the zone change, Mr, Mott said the applicant agreed to it as a:n offset for the change from Campus Industrial, In regard to the setback from the street, he said that in a nodal designation there was a maximum building setback, 20 feet for co=ercial and 25 feet for residential, He said the Lowe's property was not part of the node, which created an interesting contradiction in that the building must be setback a maximum of25 feet and there was a 30-foot setback, Commissioner Beyer thought the setback would cost the applicant somewhere between 800 and 900 feet of frontage, " Commissioner Carpenter suggested a solution might be that the Lowe's entrance be a right-in, right-out entrance, and the left-turn lane would not be needed, He would want the applicant to be involved in that discussion. Mr, Barnett said that it would be a safe way to connect Lowe's' but would also cause the heavy left turn entry volume to relocate to Martin Drive, He did not know how the applicant would respond, but he did not think: it would be favorable. In regard to the amount of frontage that would be lost with the proposed approach, Mr, Barnett suggested it was premature to assign a number to that as the sketch was not done in relationship to the actual property line, Since the sketch was done he had learned the proPt;rty line was not directly on the back side of the sidewalk. The angles of the approaches are 90 degrees to the north-south street in the roundabout on the sketch, and that was not" necessarily required in the final design, There, were other areaS where the design could be refilled to reduce the impact. The sketch showed 11 ATTACHMENT 4 - 11 approximately two acres ofright-of-way, and that was an overstatement of how much would be necessary for a 100 acre parcel. Chair Cross expressed concern that by specifying a frontage road and then pushing back the propertY line to the north, the commission created a conflict with Condition 14, where the City was requiring the 30-footsetback. Commissioner Carpenter observed that Mr, Mott had already noted the conflict because of the node setback. Chair Cross asked if the setback requirement applied to Lowe's given it was not in the node. Commissioner Carpenter said no, but it applied to the properties between .Lowe's and the street. ' Commissioner Carpenter indicated he would not object to retaining the 30-foot setback with a note it should be as narrow as possible and take the least amount of property possible from the applicant. Chair Cross asked if the commercial properties in front of Lowe's were in the node, Mr, Karp said yes, They were zoned Mixed Use Commercial, Commissioner Beyer asked the applicant's representative his reaction to the discussion. Rick Satre wanted to'note that the sketch reviewed by the commission was not on the record and there was no consensus about the sketch, It was presented to the'applicant's development team as a concept and copies were not provided to the team at the end of the meeting, Commissioner Beyer asked Mr, Satre to speak to the issues of the frontage road, signalization, and the roundabout. Mr, Satre said his research indicated there was 17 feet south of the existing curb line of Marc 01 a Road in public ownership. He did not believe a roundabout was an , appropriate or justifiable solution, However, in negotiations with staff, he had agreed verbally to a compromise of a roundabout at Martin Lane if staff dropped,the roundabout on the private commercial driveway, retained the 30-foot setback, employed the entire amount of right-of-way starting with that 17 feet south of the existing curb line, made everything as skinny as possible, which involved buyoff from the Fire Marshal, adopted the concept of a one-way street with a sidewalk on the south side only, and did not impact the pad sites, Mr, Satre noted that staff had stated in hearings that the master plan was not about a design, solution for traffic management in the area, arid that the appropriate venue for specific engineered design solutions was the subdivision and public improvement process, which followed the master pJonn;n~ process, In meetings with staff, the two new intersections were discussed and it was clear that one was 'not independent of the other, It was agreed that the roundabout on the private commercial driveway was no longer a topic of discussion, Mr, Satre said that he and Mr. Boyatt had agreed to work together to minimize the impact on the north side ,of the road, The applicant offered up the 30-foot setback with the message that the entire community could benefit from a 100-acre mixed use development, or not. He noted the lack of a minimum setback in the nodal overlay and suggested there was no reason the buildings could not be right on the property line, He questioned why the 30-foot setback should be retained and said he could not attest to the fact that it was included as a condition, ' He believed whether it was or not, the applicant and City could figure out a way to deal with it. 12 ATTACHMENT 4 - 12 Commissioner Beyer asked Mr, Satre if Condition 27 was acceptable to the applicant. Mr. Satre reviewed the condition aloud. He said there was consensus as a process, not a design, and, suggested that tonight was not the time to identify specific design solutions, Attorney Lealty suggested to Commissioner Beyer that he confme his questions to determining if there was consensus between the applicant and the City, He was concerned about the'potential of new evidence, Commissioner Carpenter observed that it appc:ared there was a conditional consensus. , Mr, Satre said that the condition he reviewed contained no dimensions and merely stated an intent. He believed it documented the intent the applicant and City had agreed to, Commissioner Beyer said that he understood the sketch to be conceptual and was employed by , staff to respond to his question, He agreed that this was not the time to design the system, Chair Cross expressed concern about the potential the commission could adopt co'nflic~g conditions. Speaking to Condition 14, Mr, Karp referred the commission to page 1-3 of the staff report and the text underlying the condition, which was sufficiently general to be construed as going beyond the roundabout and encompassing' other issues, Chair Cross asked about potential c'onflicts with the MUC or the CC districts, Mr. Karp agreed with Mr. Satre's conclusions about the location of the buildings on the property lines and suggested that could also take care of the concerns expressed by the applicant in regard to the pad sites, which were all zoned MUC, The question of how much oftheJO feet would still be available in the area to be dedicated would then be less vague, Responding to a question from Commissioner Carpenter about Condition 14, Mr, Karp suggested that it could be modified by deleting the reference to the CC district. Attorney Lealty said he would examine that condition and de~ermine how it worked with the zone change requirement. He also suggested that the condition be amended to read ". , .and in the event that the 30' setback requirement is deleted from the zone change," Commissioner Beyer suggested the condition be amended to include both Marlin Way and the frontage road, In regard to a question from Commissioner Moore about possible changes to Condition 33, Mr, Karp said it could be modified with a statement that r~ad, "The City could work with the applicant in order to obtain the easement." Responding to a question from Commissioner Moore, Attorney Lealty suggested that Condition , 27 be modified with a statement that read that "Staff shall work with the applicant to obtain the minimal amount of right-of-way necessary." Mr, Karp noted comments about the application going to the City Council, and clarified that the application would not be considered by the City Council unless the Planning Commission's decision was appealed, ATTACHMENT 4 -13 13 Commissioner Carpenter referred to Condition 51, which regarded the phasiiIg plan. He said the applicant offered text for the condition that indicated a master plan amendment would be obtained if certain changes occurred, That seemed better than the staff text, which offered more general language as to the phasing plan, He recalled the commission's discussion of the potential the residential development would outpace the commercial development, meaning that people would not be able to shop within the node, He thought it appropriate to tie the last part of the residential development to some JPinim'll amount of commercial development. The commission could also add a condition allowing the applicant to seek an amendment to the ' master plan, He was not comfortable with the current approach, and was unsure wlietherthe applicant's phasing plan, presented in September 2007, was the actual plan the commission was discussing in Condition 51, He asked why staff did not use the "reopener provision" in the event "things skewed sideways" on the balance of residential and commercial development, Mr, Karp said such a condition "fell through the cracks" in the press of work, Commissioner Carpenter said that optimally, the commercial and residential would develop at the same pace, However, because that might not occur, he proposed that the commission impose a condition that reflected the applicant's intent to develop 3A-3C first, followed by 3D, He also wanted the condition to state that before the developer could begin work in 3D, that whatever ' percent of the residential development that 3A-3C equaled, they would have to have half of the commercial developed to serve those three ,areas, He wanted to ensure the development had commercial development before full residential build-out. Mr, Karp thought it evident there was more than that for commercial development. Commissioner Carpenter was not conceroed about the speed of commercial development as it would not affect the nodal plan of limiting trips but rather about the potential the housing development would outstrip ,the commercial development, forcing people to leave the node to reach those commercial services that were supposed to be credited to the node to eliminate traffic impacts, Chair Cross said that he did not think the City could force the commercial, Commissioner Carpenter indicated he was seeking to restrict the residential development because he wanted the commercial, development to follow along, The commission took a brief recess, " Mr. Karp referred the commission to the page that accompanied the phasing plan, which stated that Phase 3D could only occur after 3A was 'built, and asked if that addressed Commissioner Carpenter's concerns. There was some flexibility that allowed 3A, 3B, or 3C to be built, but 3D could only be subdivided after Phase 3A was built out. Commissioner Carpenter said "yes and no." He had selected 3D because it was the largest of the residential subdivisions ,and before the developer embarked on it, he wanted to ensure there was some level of commercial in place, He did not think the condition spoke to that issue, There was no restriction creating a tie between the commercial and residential development, although it made it clear that 3D would be developed after 3A. . Commissioner Carpenter suggested that the condition be revised to read "If the applicant or successor owners wish to amend this phasing plan option to allow further flexibility in phasing, the applicant or successor owners shall propose a master plan amendment to allow phasing modifications as specified in SDC Section 5,13-135, Prior to the 3D residential phase beginning, the applicant or successor owners shall have completed at least a percentage of commercial build 14 ATTACHMENT 4 - 14 out that is at least one-half the percentage of the residential units completed in proportion to the total residential unit build-out." Mr, Mott said there was a substantial difference between platting a future residential development and compelling a future co=ercial development. Although there was an investment in a subdivision, there was no artificial imposition inconsistent with the market. He did not see how the City benefited by requiring actual co=ercial construction to occur ahead of market demand, He questioned precluding residential development until co=ercial development occurred if there was a demand for residential development. The issue of balance was to ensure that residential development occurred, not just co=ercial development or one type of co=ercial development. It made him somewhat apprehensive to try to impose something that might not be sensitive to the market at a particular time, hurting both co=ercial and residential development. Commissioner Beyer did not share Commissioner Carpenter's concerns. He believed the plan would be built out and that build out was a matter of time, Chair, Cross reiterated he did not think the City could force co=ercial development. Commissioner Carpenter believed the City could require the co=ercial development because of the trip credits the development received due to the' fact of the nodal development and because people woUld not be driviog out of the node" If the area was not a node, he would agree. Chair Cross believed that at some point there would be a balance between the co=ercial,and residential, but he did not think it should be forced, ' Commissioner Moore poioted to the statement io the condition that stated the phasing plan could require additional modification and suggested that gave the phasing some flexibility for modification,' .commissioner Carpenter said that it provided an opportunity, but it did not mean anything would occur, : Commissioner Carpenter asked Mr, McKenney if the trip cap associated with the development would be met if all the residential development was built-out but not the co=ercial development. Mr, McKenney clarified that there was no trip cap on the development. There was no condition of approval related to a trip cap. The applicant suggested a trip cap at one point but the City chose not to use it. ' 'Speaking to Commissioner Carpenter's question, Mr, McKenney said that the Lowe's store was io the fust phase of development. While he agreed that most of the residents would have to travel out of the node to reach services, and that benefit of the node would be lost, in terms of absolute numbers, if the entire area of Phase 4 was not built, there was a great deal of traffic that would never come to the site. The City's primary interest was what happened when the site was fully built out and that it functioned like a node, In the interim, in the absence of the land beiog developed, there would be fewer trips overall. Commissioner Beyer believed that Commissioner Carpenter was concerned that there would be a traffic problem if the residential development occurred in advance of the co=ercial 15 ATTACHMENT 4 - 15 development. Mr, McKenney 'did nottbink so. He said that when the commercial development occurred, residents could easily change their travel behavior and would in'all probability visit commercial establishments closer to them. , ' Commissioner Carpenter determined that Mr, McKenney did not anticipate a reduction in Level of Service from the development. Commissioner Moore asked if the letter dated December 17 represented the phasing plan that was agreed, upon, Mr, Karp said yes. Responding to a question from Coll1IIlissioner Carpenter, Mr, Karp confmned that the applicant could request that the master plan be amended at any time. Commissioner Carpenter endorsed the proposal 'as a project that would benefit Springfield in the long run, He thought the amendments made by staff would result in a development that could be accepted by all and would lead to positive development on a site that had lain dormant for years. Commissioner Carpenter, seconded by Commissioner Beyer, moved that the commission approve the master plan application with the 53 conditions; deleting Condition 14; adding text to Condition 27 that stated that the City staff shall work with the applicant to obtain the minimurh amount of right-of-way necessary; and adding text to condition 33 that stated the City shall " endeavor to' assist the applicant in any way it may to acquire the necessary right-of-way from EWEB, The motion passed unanimously, 7:0:0 , BUSIN:J:,SS FROM THE DEVELOPMENT SERVICES DIRECTOR, DeveloPlllentServices Director Bill Grile reminded the commission of the code requirement for annual elections, ' ' Commissioner Beyer, seconded by Commissioner Carpenter, nominated Frank Cross to continue as Chair for another year. There was general consensus to select Mr. Cross as chair, Commissioner Carpenter, seconded by Commissioner Beyer, nominated Mr, Kirschenmann as Vice Chair. The commission unanimously elected Mr, Kirschenmann, REPORT OF COUNCIL ACTION Chair Cross distributed the outline of work session topics generated by commissioners and Mr, Mott, He asked the commission how they would like to proceed, Commissioners reviewed the list and discussed the possible order of the topics to be, addressed and the background information members would require, Commissioners added topics to the list, including commercial design standards and standards related to'street aesthetics, ' 16 ATTACHMENT 4 - 16 Mr, Mott reminded the Planning Commission that Mr, Boyatt had offered to present information to the commissioners to help them understand what transportation was all about. BUSINESS FROM THE COMMISSION - None ADJOURNMENT The meeting was adjourned at 9:30 p.m, '; r (Minutes recorded by Brenda Jones/Kimberly Young) 17 ATTACHMENT 4 - 17 Minutes approved by the Springfield Planning Commission: City of Springfield Regular Meeting MINUTES OF THE REGULAR MEETING OF THE SPRINGIELD PL.ANNJNG COMMISSION Tuesday, December 11,2007 The City of Springfield Planning Commission met in regular session in the Council Meeting Room, 225 Fifth Street, Springfield, Oregon on Tuesday, December II, 7 p,m., with Frank Cross as Springfield Planning Commission Chair, ATTENDANCE ~i!l~l Present were Chair Frank Cross,. Vice Chair Bill Carpenter and Plariilkg Comssioners Lee Beyer, JohnD.y Kirschenmann, Sheri Moore, and Eric Smith. Also pre~,e!\t Were Development Service Director Bill Grile, Planning Manager Greg Mott, Planning Supervisor Mark Metzger, PlaiiliiIig Secretary Brenda Jones, and City Attorney Joe Leahy, " ' ;:' -" ABSENT " Terri Leezer ',< PLEDGE OF ALLEGIANCE . .... - ;;<:':~~~~~r;.:'~:j1' The Pledge of Allegiance was led by Chair Frank: Cross: "",>;;''1;;'0''., . . _,' ";~t".::",..",:,.,f~,~~';f "'~q[~~;)..; . ,_,', ':'t;._;,i,~ "._ APPROV A.I, OF MINUTES . <,:,: "\. ", ..,"/~,~'H~~.t . 'j'{~::1::.\ --'\'; .' Commissioner BeyermoV'e/i s.econd1li by Commission~r,Smith , to approve the'minutes of the June 5, 2007, work and regular session as written. The motiof{passed, 5:0:0, Commissioner Steve Moe abstaining:"";"T0,lj~;;~'1;ii;1;~ib~'::'~';~~\' ,','" "';Wi;(::~'[t:' ' ' BUSINESS FROM THE AUDIENCE None .;..., . , '-""'0" ' ';di;'!1;~~),r;.::::f" . ';r O_}!'-.~ _~}~f, OUASI~mnIcALPriBLLIC'HEARING " , Master Plan Marcola Meadows - LRP2007-00028- The applicant requests Master Plan approval for a phased, mixed-use development on 100.3 acres fonnerly known as the "Pierce", property, now called the "Villages at Marcola Meadows", The proposed development consists ofa total of518 homes on 54,7 gross acres, and a total of 449,600 square 'feet of retaiVoffice use on 45,6 grosses, There are 1104 acres of proposed common open space proposed, The Marcola Meadows Master Plan public hearing was opened on 11/20 and by direction of the Planning commission the written record was left open until 11/27, the applicant and staffhas until 12/4 to respond to the record and prepare the staff report, respectively, ana on 12/11 the Planning commission is ATTACHMENT 5 - " scheduled to reopen the hearing to allow testimony on this record and to consider the entire record preparatory to a decision to approve, approve with modifications or deny the proposal. Planning Director Greg Mott reminded the commission of the, deadlines established for the submittal of written testimony following the public hearing on November 20, 2007, Public testimony would be reopened that evening for testimony on the record directed at the criteria. Mr, Mott directed the audience to the Criteria of Approval displayed behind the Planning Commission, taken from sections 5,13-125 of the Springfield Development Code. He reviewed the criteria for the benefit of those not present on November 20, when the criteria were first reag. fie asked that those offering testimony do so with enough specificity to allow t:J:1e commission and 6ther parties to the hearing to understand the issue and respond to it Failure to raise an issue at th~ ~l'l'!"ng could preclude an individual's ability to raise the issue upon appeal to the State Land U~e'Boar,rt of Appeals, . ;~ Mr. Mott reviewed the order of the proceedings. He anticipated a request fronl the, applicant to deliberate on. the matter at a future date, tentatively scheduled for Dec~mber 20. <'-.,' .),:. Chair Cross determined that no commissioners had conflicts of interest or ex parte contkcts to declare, " , ',l' \ :.,~', - f:; "I- ,::'f~:i Senior Planner Gary Karp entered the staff report into the re2bfd, Ml-.'Karp addressed th'.; issues raised in the stiff report executive summary: I) phasing; 2) traffic; and 3) adaptive reuse. He noted that Planner Matt Stouder would address phasing, transportation staff Gary McKeimy and Brian Barnett would address transportation, and he would address adaptive reuse, He indicated that Mr, Barnett would address the e-mail onroundaboutssentbyCommission~rMoore...:.ii . -,._, - "'~: Mr. Karp recalled the Eugene-Springfield Metropolitan general A?:,~~"Plan Diagram and zoning change amendments that changed the d7~ign~tion and zoning from CampIift' Illdustrial to Mixed Use Commercial (MUC) and Medium-DensitY Resideijtial. Master plan approval was the next step, He reviewed the purpose ofa master plate/ound at S~9tjon 5,1310(5)(b), which spoke to the arrangement and coordination of land uses, development iritensity, Ideation of public facilities, and transportation in a large phased development. Mr, Karp noted t:J:1e a~r~~ge ()J,'the prope~ zoned MUC and then reviewed the defmition of nodal development included iri the Staff report, He said the intent of the master plan was to meet the " - " "";, ''C' . .<, requirements ofriodal development'",,' ..//;; ;c": : ~:L . ';'r:l,i~;. , Mr, Karp r~called there were J4 conditions of approval associated with the zone change for the property, and he reviewed Condition 10, which called for submission of a phased master plans, Mr, McKenney would address,the condition at ~~ater length, He emphasized Criteria 5,13125( d), which addressed ""-' !~ phasing, ,Mr, KiUp referred the commission to Plan Sheet 7, mounted on the meeting room wall, reflecting plans siibinitted by the-applicant on September 28 and illustrating four development phases, He reviewed the four phases. ,Fignre 10, also mounted on the wall, was a phasing plari based on the traffic study produced by the applicant. Mr. Stouder would address the issue in his presentation, Plan Sheet 8, also on the willi, showed the first phase of the subdivision. It was not quite congruent with the Phasing Map on Plan Sheet 7, Mr. Karp said staff and the applicant had discussed a possible scenario related to the residential development Typically in such a development, residential development would occur prior to or concurrent with commercial development, but the housing market slowdown impelled staff to try to make the plan work for the applicant Staff decided to look at a phasing scenario that included an agreed-to percentage of commercial development to be offset by subdivision plats for the residential portion of the proposal. That did not bound the applicant to build the housing now. ATTACHMENT 5 - 2 Commissioner Beyer determined from Mr, Karp that the infrastructure for the area shown in pink on the maps would be installed in 2008, and the subdivision would be filed as part of Phase I to ensure the dedication of right-of-way and constrUction of t1ie water feature. Mr, Karp said none of the phasing plan scenarios submitted to date provided appropriate guidance or specific assurances that the phasing would occur in compliance with nodal development regulations because of the arrangement of residential and commercial development iD,a node, Commissioner Beyer determined from Mr, Karp that the larger commercial area would be platted by parcel number: Commissioner Beyer observed that all the master plan provided was the plots, with no assurance the building designs would ever be built because it would be up to a future owner. Mr, Karp concurred to a . point; he'said there were development standards in the code for commerci!lIand residential development He agreed with a statement from Commissioner Beyer that all the City \<n~w now was that it would be commercially developed. "::. , ) Mr, Stouder addressed criterion 5.13-125( d), Responding to a question from Chair Cross regarding the level of difference between maps 7 and 8, he was not sure how different Plan Sheet 7 \yas from Plan Sheet 8, but Plan Sheet 8 was different from FigUre I 0, the'most recent phasing pan submitted by the 'J . , applicant. iI'" ':;~,-,,;-_. . .,.... .{ ~:'~',;.;< ., "-- . ,. Mr. Stouder said that following Phase I construction, all the infrastnicture necessary to serve the commercial development would be in place, However, there would, be additional infrastructure required for the MDR portion of the property. He said that beyond Phase iII, lJ:1ere was no financial obligation for construction by the applicant 'ilY'::',,', -c 'J" "::~.'_';?"..' , :.; :.',i' "F._',":- -:,; Mr, Stouder said that the phasing plan shown in ~igure I O"!'a.s ,9~aracteriied by the applicant as a , conceptual phasing plan in that Phase IV was conh~ptui!l and was'n!?"tto be developed in any certain way, Figure I 0 differed from Plan Sheet 8 in that Figure ,10 required subsequent subdivisions with potential . " ,,':,,";",.-. 1\-' multiple property owners rather than .ope owner. Responding to a commission question, Mr, Stouder said , that staff preferred Plap~~eet 8 if it c~,~ld be built all 'at once., He said that 4A was not required to develop prior to the other jJarcels, He said that some of the phasing lines on Figure 10 were in the middle ' of the streets, which could cai.1s~an issue ~ the City wanted to see full street construction during the phased construction tp ~void th,,'issiie of who '",lis fmancially responsible for building the street. Mr. Stouder said the fact the;application <lid not phase 'constructio,n of 4A before 4B, etc" meant the .' application did not meef bregon Fire"Code requirements for secondary access; if the phase exceeded 30 units, it,\yas required to ha~e i!secondaty access, The same was true for 4D; in that case, Parcell 0 could not be const,,!cted until the infr~tructure, for 4A or 4B was installed. The phasing plan did not make sense in that r.:gard, ::.: ..- , "., :~,',' Mr, Stouder spok~i6 the phasin~'plan as it regarded'grading. The topography of the site dictated the area '., north of the channel to have tWO'to three feet of fill, If someone wished to construct Parcel 4B or 4C prior to 4A or 4D, it coiiid, c~use an issue, The natural drainage on the site ran from the southeast to the northwest, and given that; he would like to see a more logical phased plan. Mr, Karp said Phase 3 was the residential development, and staff was seeking a logical extension of the residential because of the issues mentioned by Mr, Stouder, If the applicant wanted to start Phase 3 from west to east the City would be open to that. The applicant would have to subdivide, file a plat, and the residential portion would be in compliance with nodal regulations, The other option was to subdivide all the residential property now, but the City would want the applicant to install all the infrastructure and utilities, with the exception of paving the streets, The entire site could then be graded to protect neighboring properties from some of the drainage issues discussed, ATTACHMENT 5 - 3 , Commissioner Beyer asked the effect,of the proposed fill as it regarded raising the property in elevation. Mr. Stouder said that the site would two to three feet higher than the adjacent properties, Commissioner Beyer asked if that was a better option than pump stations, Mr,' Stouder said the code included a prohibition on the use of lift stations if not required; in this case, it was reasonable to bring in a small amount offill and not require lift'stations due to both construction'and maintenance costs, Commissioner Carpenter joined the Planning Commission meeting at 7:30 pm, Commissioner Cross asked how the fill would affect the surrounding neighbors. .Mr. Stouder said the lots to the west drain to the west and it was possible the fill could affect that drainage. Ho~ever, the staff concern was that if one were to develop Phase 4B on Parcel 10 it could interrupt'the natural drainage flow and impact properties 4A and 4B. It would be better to grade the site all a!.9ne time, .' . . w,.tt1>'''~''f~1i",:c:, Mr. Karp reviewed the approval criterion found in SDC Section 513,'125-C, related to proposed on site and off,site public improvements. " ' '.. , ", "':. , ' ~.:.::.'~}: Traffic Engineer Brian Barnett reviewed his professional background: highlighting tllat ~lated to the use of roundabouts. ,,;..;,,' \t('1 .>.., . ;~.~ Mr. Barnett shared a picture of a traffic circle in Kingston, Ne~ York, distinguishing thaftype of facility from the roundabout being contemplated and emphasizing the differing nature of their operations, He said a roundabout had four characteristics not shared by a traffic crrcle: 'I) to enter a roundabout, a motorist must yield, 2) a roundabout had a significant amount of deflection in the form of a curve before one entered the roundabout, 3) that deflection hid to'low travel speeds of 15to '25 miles per hour, and 4) the roundabout would have no lane changing or \veaviiig,' :J'\.h:, ~arnett ackhowledged that in this case, traffic circles were being removed and replaced wit!' r~~pdabouis~, ,f": . . '?5:'i1?:':;~:~ t':; .. . ':::~\:,il;:~>> Jr' '. Mr. Barnett spoke to the benefits ofr~undabouts. He:J?oted the generic description provided to the commission, which was :for background only, He cil<idflveprinciple benefits: I) safety; 2) capacity; 3) economy; 4) environmental benefit; and 5) aesthetics. 'Speaking to the issue of safety, he noted that ,..".,,' ,," roundabouts reduced vehicle"sp~eds"c6nf}i~t points, and the number of choices a driver had to make, lea~ing to improye,';l,~~,d~Strial;im<.\moi6ri~i sar~ty:~;A'roundabout was the safest at-grade intersection avaJiable d.~e to the 100yer speeds. ~e!!~stnans were safer becau~e of the reduced speeds, one-way traffic, and reduced roadway width: He noted the information he cited was drawn from the Federal Highway Administration publication '~oundabotii~ and Information Guide," , . . . .:' ~' ;'/" ,': "::'.'< "'. <\,f:~" ,,' Speaking to the issue of capacity,,,Mr, Barnett said roundabouts typically carry about 30 percent more vehicles than simila.r:ly sized sig8,~lized intersections and caused I1lmost no traffic delays during off-peak hours, Motorists' alii? c,ould en~,~i' the roundabout from several directions simultaneously, ", -,: ~1,iJ, ".' ~:ji' Speaking to the issue orec'ononiy, Mr, Barnett said that roundabouts saved money because the operations and maintenance expens~'ofroundabouts was less than that oftraffic signals, Motorists saved through reduced delay and lower fuel consumption, The cOlnmunity saved through reductions. in insurance costs, medical costs, and the'human cost of injury and death. Speaking to the issue of environmental benefit, Mr. Barnett said roundabouts conserved land by allowing narrower road systems. Fuel consumption and air pollution were reduced significantly due to the reduced travel delay, especially during off-peak travel times, He noted that some communities were employing federal Congestion Mitigation and Air Quality Program to replace traffic signals with roundabouts. ATTACHMENT 5 - 4 Speaking to the issue of aesthetics, Mr, Barnett said that the central island provided an opportunity for landscaping or sculpture, "Splitter" islands could be landscaped. Roundabouts also avoided the visual clutter of signal poles, controller boxes, and pavement cuts, Mr, Barnett said that while roundabouts had benefits, the City considered all forms of control possible, Staff carefully evalu~ted development proposals for their impacts on'the transportation system. Staff then , recommended the apI" up' ;ate form of traffic control from among a range of choices , Mr, Barnett said that Springfield had local experience that confIrmed the experience of other communities, It had experience with high-volume roundabouts on arterial and collector streets, He suggested that in general, signals worked best when there were few left turning movements, and roundabouts worked best when there were many such left turning movements, He reiterated'that each situation was evaluated on its merits and the most appropriate action nib~'rrlinended, , ' ", '~i~:.,:y. Mr, Barnett noted precedents for roundabouts in Springfield at 58th street and Thurston Road, South 4200 Street at Jasper Road, and Martin Luther King, Jr. ParkwayatHayden Bridge, He indicated each was working well. j'" . '" ''-, ,'<./<-~, ';1' :C:'~~1-71' Responding to a question from Commissioner Moore~ Mr. B~ett said that Springfield 109ked at roundabouts as one of many options for managing traffic floW in such"situations, Each site had unique characteristics that staff must consider, ' , , ::':.!, ", Responding to a question from Commissioner Beyer, Mr. McKenneY identified the location of the proposed roundabout associated with the proposed deYi:I()pment and a p~te~tial future roundabout on a map posted behind the commissioners, He saidth,e roiiliaa..~,?ut 'Yas farth,et from the intersection at Marcola,Road and 28th Street than it appeared, He ,further'inaicated that intersection at Marcola Road and 28th Street worked quite well riliht now and staffhad riM consider~iI converting it to a roundabout. In addition, the intersection in questiori was already in place and the costs already incurred, ~, l'. ': t;~~~ji ,. . Mr, McKenney said the Citji,had identified two issues in}ts review of the traffic analysis: I) the analysis indicated traffic signals would not be 'warranted, and the'City preferred not to build and maintain them if not warranted; 2) access conc~rrii"cfeat~d by ili{intera~tion of the traffic signals and the residential driveways on the south side of Marcola Road, Depending on the placement of the signals andthe crosswand, some of the residential driYeways would be restricted in regard to the movements that could be mad~ in and out of them," They wo~'td nlit 6perate safely or legally. Some' would have to be restricted to "right'in, 2ght out" movenieqis or relodited, ' . ";I:~;~.~~t~. '., Mr, McKenney said the City and applicant had exchanged ideas on those concerns but the issue of how to dealwith the driveways had been unresolved, He said staff had concluded that roundabouts were the most appropriate fo.;u of control at the two locations in question. , Mr. McKenney referred the commission to Master Plan Condition 27 on page 37 of the staff report and said the discussion surrounding that was a compendium ofMr, Barnett's remarks on roundabouts and the specifics of the application in question, Commissioner Carpenter likened the development in question to Wal-Mart and Jerry's development on Olympic Street, which had not become a traffic problem, He asked if staff had done traffic counts to compare what those developments generated to their projections. Mr, McKenney said no. He noted that the development had been in place for eight or more years. Commissioner Carpenter did not see that development as having a detrimental impact on traffic flow, He suggested that if the impact contemplated was similar, he questioned whether there would be a big traffic impact. Mr, McKenney agreed, The ATTACHMENT 5 5 signals would not be warrarited with the first three phases of development, and staff did not think signals would be the best form of control at the end of construction, Installing them now would preclude other options, , Commissioner Carpenter suggested that .the iritersection could be more easily converted to a roundabout that a roundabout converted to a signalized intersection. Mr, McKenney did not feel qualified to speculate, Cammissioner Kirschenmann asked abaut the size of the roundabout. Mr, Barnett indicated that a single lane roundabout would be adequate for this size .of a development. It could accommodate the largest legal sized truck. Commissioner Beyer asked if it would accommadate truck traffic volume, Mr, Barnett said yes. He said that the roundabaut could be designed ta accommodate both capacity and truck size: Commissioner Beyer suggested that the roundabout could encourage trucks, to travel down 420d Street to use the roundabout. Mr. Barnett concurred that could be an outcome: ' . i~i:'" : . Chair Cross asked how much property was needed far a roundaboirt. M,., Barnett sa.id the typical roundabout in such a setting would require about 100 feet,.in diameter, with some additional space needed to accommadate sidewalks and the linkage between intersections. The linkage between tWo roundabouts ""'Jt--.. !" \. , often .only needed to be twa lanes rather than three because tile, system could accommodate left turns via . "%1'.'" ,-'e- ; " u-turns at the roundabout. The land needed for a roundabout ":.~ ofteitless required by ail intersection, "'~l,'.. ." ':{':';t Cnmm;<sioner Beyer asked if it was possible to offset the roundab6~t (m the north side so it mostly impacted the developable property, Mr, Barnett s,aidJl1at was a design' detajl staff had not investigated but he thought it a reasonable option, ' "Jk"" 'u,;,' '\." ~1f~~~:;r(r~:,\: .. Commissioner Moore asked about the impact .of the propo~~d~~'uridabauts on the intersections at 19th ~. . '<J~." _ _ Street and Marcola Road an~.Q Stre~.t and Marcola'~oad as well a;s'the off_ramp at Highway 126, Mr, McKenney responded the ,traffic analysis indicated th,?se intersections wauld continue to work well because the developmeni\vas nat exp~cted to have much impact. In regard to the off-ramp, Mr, McKenney said that as a re~uJt of the ~~lier land use pro~~ss, the applicant had submitted its proposal far improvements to the off-rampj,g ~he, On;g9n Qepartmept ofTransportation (ODOT) ta canfIrm that its propasal was feasible, ,If ODOT approved the propqsal, the applicant would build them, ' . . ",;i'~'~~':'~;:;;1fi~:~J~1~~.., ;'~,~~~:,:,,_, , . ,", . Mr, McKenney discusse'& project phasmg., He said the previaus Metra Plan amendment included anather conditioriafapproval, Conditi6p. 10, which was intended to assure that assumptians about trip generatian insid~ thi; n9~", previously m';d~/emain",~' valid, He posited a situation where the commercial area ' develaped frrSt,meaning there were no residents driving to those commercial uses,' If all the commercial developed and"ilttracted the typ';'C;f trips such development generally attracted, and then all the housing was built, it did not seem logica.! that people coming from out ofthe area would stop going to the commercial uses and be replacoed by the residents of the neighborhood, Staff had addressed,that through conditions 51-53, found' on p~ge 57 of the staff report, Staff wanted to assure that it was reasonably likely that the property would develap in a coordinated way so the traffic benefits of the mixed use development would actually occur, Commissioner Beyer suggested that Mr, McKenney's point was immaterial because whether or nat the housing was in place it would nat have an impact on the traffic generated .off site: He suggested that the autcame wauld be "less people in the parking -lat." Mr, McKenney said that if all the nonresidential development was not related to the residential development, .or need nat be, he would accept the argument. Staff was operating from the standpaintthat the mixed use characteristics being saught argued a goal of mixed use development and he anticipated that when the hausing was built there wauld'be mare trips goin~ ta and from the residential area to the cammercialarea. Chair Cross suggested that the timing \ ATTACHMENT 5 - 6 of the residential construction did not matter as the trips generated were already accounted for and no more conunercial would be added. He said if the conunercial went in without the residential development, there would be no trips. Conunissioner Carpenter said the trips could come from outside while the applicant had taken credit for internal trips, Chair Cross said the commercial development was not specific to the residential development and would generate outside trips, Co'mmissioner Carpenter posited a situation in which a store in the development was so full with local residents of the fully built out housing that nonresidents went to other stores, removing the external traffic, Chair Cross and Conunissioner Beyer acknowledged the possibility with some doubts. Commissioner Beyer suggested that one could assume that if the commercial was built first, less traffic could be expected for that use than one would expect at full build out. T\1at argued that how 'one phased the project did not make much of a difference, Mr, McKenney agreed to a point. He said staff was not concerned about congestion arising if the commercial developed, but rather that the entire project could be built and would not perform the way it was forecast to perform. Staff was less concerned.about interim conditions than the fmal condition and whether the assumptions used to slipport the analysis of tIie final condition remained valid, Chair Cross asked how'the phasing helped that. Mr, McKenney responded that to this point the focus was on extremes, such as whether the commercial was all built out. He suggested a different scenario involving the construction of all the residential developin~nt but no commercial development. Any trips the residents made to a'6ommercial use would requke them to leave the site. If the residents were already in place; it was likely those travel habits would change when the commercial was built. ' , Mr. McKenney said in his experience of the few similar projects inthe area, the most successful were those where the residential was built first, followed by the:c8fl)W~rcial that was'supported by the residential development. He cited Valley River Village and Crescent Village as examples, Commissioner Beyer questioned whe*er construction of the conirrierCial before th~ residential at Valley River Village would have made' a di~erence in the eventual development. 'Chair Cross asked how conditions 51,' 52 and 53 fit into the discussion, Mr, McKenney said the conditions spoke to the fact the, phasing was, an unresolved issue, The conditions were an effort to get such a phasing plan not just fortransportatioll p'uiposes, but for purposes of the other infrastructure required tq serV~ ihedevelopment."~, ' 0':, "',,', J'; Conunissioner Beyer acknowledged staff's conunents but speculated that in reality the developer had only.one tenl!llt and its strategy Was to in~tall infrastructure so the other parcels could be sold off, He further speculated that the first ph,ase of the residential area would occur as planned but the remainder, might not. The coinmercial wo~ld only develop in a way siinilar to Valley River Village if some retailer or office use determined there was a demand, and the uses and buildings would be dependent on who bought the land. Trying to be too specific about what came first, second, or third was problematic as that wils essentially a market function, Mr. McKenney did not disagree, He said staffwas not trying to achieve an ideal or make the project undoable, What occurred would be governed by economics, Commissioner Carpenter likened the proposed development to Orenco Station in the Portland metropolitan area and suggested that staff investigate how that conununity dealt with that issue in its master planning process and ,the outcome. Did that conununity, for example, condition that the commercial be available to be developed at the same ratio as the residential? Commissioner Beyer did not'think there was a problem with availability once services were in, Commissioner Carpenter said that if the City wanted conunercial'development other than Lowe's, it could forced the applicant to have two or three conunercial establisJunents in place before the applicant could built mor~ than 50 percent of the ATTACHMENT 5 - I residential units, "market or not." He averred that "one could adjust the market to ensure that it became a nodal development," which was what the City was seeking through the master plan, Mr, Karp clarified that staff proposed two options in lieu ofa phasing plan that created a connection between the commercial and residential development. Staff was seeking to ensure that the subdivision was platted and lots created so the residential could be built. That approach would add flexibility to the phasing process. ' Mr, Karp discussed the issue of adaptive reuse, saying that staff included a condition that address the possible closure of Lowe's within a short period of time by requiring reuse of the struc~re or its demolition. . , " Mr. Karp said that staff had worked with the applicant to get to "yes'" mid b~ljeved the conditions attached to the staff report would make the development work, He recommended apprQv:il of the application as conditioned in the staff report."':;' "", . , ':".~' :"" Chair Cross solicited additional questions from the commisM~n, P." . ..;";". "',, . '>,JIA'_;' , At the request of Commissioner Moore, Mr, Stouder provided an overview of the proposed water feature, which was a major part of the on-site drainage system, Mr, Karp ,rro't~d that more detail would be , forthcoming in the subdivision application, Commissioner Moore ~as concerned about the potential haZard created by the feature, and asked wha! steps have been taken to, ensure the safety of those living near the development. Chair Cross asked if similar ~ater features were used in Springfield. Mr, Stouder did not think so, He thought it would be nicer thail the Q ~treet Channel in that it would be wider and shallower, and would include plantings, Mr, Kaip note4 t1i~r,".,)"'as a ""u;"'~fat the south end of Gateway containing a smaller version of what was proposed, ' "f::\;, :'" ' " ~ "-~ ,,;,;,~t:;y~r;,;; . " , Chair Cross called for te~imony froI]l!he applicant. , . . '" .4{;~;. ~,,*;,:~ ~',~_ Rick Satre, Satre and Associates, 132 East Broadway, ~uite 536, speaking on behalf of the applicant, thanked Springfield staff for ii~"g~d.:\'hr~,~uripg the appiication review process, He indicated he would confme his remarks to the evidence on there~oHF~,';,r' . "f;'~ :,:'~;l;"'t: ,~~)p;!;!',';!~t;;?;,i;\ );i;~" .,-""~:') '", Mr, Satr~ identified sev~ri.iare~ ofCol)<;'~':ll r~lated to the conditions and indicated he would provide additional written testimony' in regard to'the"other conditions: .-'. ",. ',,"'-" . 'L~::L,ri Speaking to Condition 51, Phadirtg, Mr. Satre said that the applicant realized that there was still work that needed to be d~;;~. He appreciated the staff acknowledgement of that as recognized in the condition, Regarding Figure! O,~,e pointe4'out that it was excerpt from the Traffic Impact Analysis and was not submitted as a plan sheet. It:was illustrative of one way that Phase 4 could occur in smaller increments within the parameters of,ili:,;':Vehicle trip allowance, ' J:';-- Responding to a question from Commissioner Beyer, Mr, Satre ,indicated that conditions 52 and 53 were acceptable to the applicant. , Mr. Satre discussed some of what he termed the fmer points of the phasing issue. With regard to a linkage between certain percentages of commercial development and percentages of residential development, he pointed out that the entitlement that existed with respect to commercial development rested with the zoning ordinance, It placed a capacity not on the nuinber of dwelling units or commercial square footage, but on the amount of trips to be generated. The zoning placed a cap on the trip amount. Mr, Satre said that 87 percent of the commercial area would have to be developed and occupied and ATTACHMENT 5 - 8 generating trips before the development would reach the threshold of the internal trip capture. Only 13 percent of the commercial trips were identified as being internal. He was not proposing to be allowed to develop 87 percent of the commercial, but merely pointing out how much of one could happen before the other, ,.- Mr, Satre' indicated he had prepared alternative text for Condition 51 that he would submit to'staff. Continuing, Mr. Satre said that Mr, McKenney referred to ~e trip cap, or trip credit as a legitimate methodology to use in establishing transportation impacts, and indicated staff was not overly concerned with what happened in the interim, He appreciated the staff focus on end conditions, He agreed with the presentation made by staff in regard to the phasing plan. He thought a "constlUctability logic" needed to be applied to the plan and that would occur with the assistance of staff, ,'(';:.' . Mr. Satre said there were limits in the zoning ordinance to the trip baTIk, There were only "so many trips in the bank" and the applicant was completely willing to live within that limitation, . . . :"~l: I" ~ , , Commissioner Carpenter ,~[~u..d to the traffic impact analysis prepared by the applicliiIt and asked ifMr, Satre had the impression the City was concerned the numbers were erroneous or would 'p;,6,ye to be so at the end of construction, or was the City concerned that the 'ot,imbers "would not comply" as more residential was built. ' Mr, Satre said that the numbers Commissioner Carpenter referred to were illustrative of what could occur in Phase 4A or Phase 4B, It did not,9orrelate to the overall total trips. Commissioner Carpenter understood that the credit set the trip cap; and had the applicant not had the credit, it could have had a different trip cap baSed o~Jhe nuniber of acres.!t was trying to develop. If the credit "did not come to be true" because the nodal cori"eptdid not work arter build-out, was it Mr, Satre's assertion that the trip cap would "kick in" and the applicaiit"would not be able to develop the last ten acres of residential because the other residents were not "nodally traveling''. as the applicant had received credit for. Mr. Satre said yes, The fma! phasing plan,would hot allow ih~fto happen, There was an allowance in the zoning decision for somanymps that could be generated b{the residential and commercial ,I'" \..-~"i,' elements of the developm~nt. ' "\~'; ,", ' , ',;" 1 Commissioner Cross said tI1i,~pplic~rapp~~!,? to be,~a:ying when the development neared Phase 4, and it was already close to ,the top ofth,i-limit in trip"caps; there would be segments of both residential and '.~,"r,,""'... -,;-',-,,' '. ',,',.' '::, ""," .." 'commercial thafwoiildn<:>t be built <:l\l~' Mr, Satre g'aid he was saying the master plan and phasing plan were being designed so'thatdid not happen. No one wanted to see the last 5 acres of a 100 site lie empty because'!he credits were alllised up. He'ilh'cu5sed the range of residential densities anticipated on the site and the aliiieipated op~n spac~,~etasides,3'iilid said it was clear that at some point it was physically not possible to biii!~,\I1ore dwellini,~#its that what was included in the zoning allowance, With regard to the commercial sii:1e';the calculation'S"indicated it was also physically impossible to build more commercial than what was inclrided in the z6;iing allowance, That meant the phasing had to be logical and that it ensured enough of th~ trip capacity to be available for future phases. . ""r"; ",,' . fl': Mr, Satre observed that the applicant would have to build 730 dwelling units and construct 471,000 square feet of commercial before it met the trip cap, and that would be very dense development, much more so than that before the commission. ' Responding to a question from Commissioner Carpenter about whether the residential development could, outpace the commercial development to the degree there were no internal trips, Mr, Satre indicated he would provide ~at response in writirig, Responding to a follow-up question from Commissioner Kirschenmann, Mr, Satre said that staff and the applicant acknowledged there was an upper limit on the number of dwelling units and the amount of commercial square footage, The origin of the upper limit began from a traffic management perspective, and the applicant had long agreed that limit was acceptable, ATTACHMENT 5 - 9 \ Speaking to Condition 27, traffic signals, Mr, Satre noted staff's request for the dedication of right-of-way for a roundabout at the intersection of the Marcola Road and Martin Drive and dedication of right-of-way and fmancial security to cover the costs of a roundabOut at the home improvement center driveway intersection with Marcola Road when the City Engineer decided one was warranted, He clarified that the applicant was not against roundabouts, but was against roundabouts in this development. He referred to page 1-36, where staff stated that signalized intersections were sufficient to meet applicable standards, Staff then indicated that roundabouts met mobility standards, but so did signalized intersections. Staff indicated that roundabouts provided greater safety had not demonstrated that signalized intersections were unsafe, Staff suggested they were less expensive to operate, and while that could be true, it was not an applicable standard, Speaking to the issue that the signals would not be warranted, Mr, Satre agreed but said staff also acknowledged that constructed intersections in 2008 without signals would still operate within acceptable levels, He proposed to address the issue of the cost to the City by constructing the streets, the intersections, the underground infrastructure, and would bond for the construction of signals when the day arrived when they were warranted, "', i;,',.." '~.Jj-i-' ' Mr. Satre spoke to the issue of the conflicts with,the existing residential driveway on'the south side of Marcola Road. He pointed out that the situation concern~d a pre-exist!ng, nonconforming a~cess situation on an arterial street. The roundabouts did not solve that problem, Tht;:only way staff could see to address those conflicts was through the proposed frontage road. He noted th~question asked by CoIinnissioner Beyer ill regard the possibility the roundabouts be offset to the rlohh on the undeveloped property and said that staff had already proposed to shift cg~f!TI'ction and right-6r-,,,,ay to the north to accommodate the access road because it realized it could not require an exaction of right-of-way to the south. . . . "':::' '.\ "<:;,.t9~\;';. "',:f . <'"'' Mr. Satre shared a sketch of the area that he shared witli'thecommission as part of applicant's rebuttal. He acknowledged that staffhad indicated it was likely !!piy orier~lU~<Iabout would be built, although the City was requiring the dedication of right-of-way arid fuiancial secUrity if it was found'to be needed. He .",^:.,4'ifs." ""., ",; to said that shift to the nort\1required tl,1~ <Iedication of more than an'acre ofland, If Marcola Road was "~,, "':..,;'1-, .~, realigned, the'amount,needed was more,than two acres., He said that the proposed collector, Martin Drive, was in the adopt;;d'TransPlan 4fProject 777. Tii~,applicant was proposing to construct the , collector where'TransPlan placed it." Irftht;: pre-application report, staff encouraged the applicant to place the collector precisely .where tJie appiicarit had it: Ng'matter where it was, there would still be conflicts with the'drjveia.y~.'S~!f,~,ad state~ ,tJ),at the sole purpose of the proposed collector was to serve the project. "He believed that'was, jncorrect,:;;the street was a collector street, not a local street"and included , in the TrnnsPlan, Collector'st:reets were defllled in that document as streets designed to provide land access a'iid' 'service and trafficbji'culation within residential neighborhoods and commercial and industrial areas. Theidii1mary function was to collect and distribute local trips to the arterial system, They served more than one project and connected as well as collected" He said that it was incorrect to state the street's sole purpose was to serve the project because it was included in TransPlan and would have been built no -l>':":\.'!"" . , matter what was beirig'built in the location. ~t;:~ ,". . Mr, Satre said that it was'iiecessary to have a connection between a condition of approval and the standard served by that condition. The site in question was recently the subject of a Metro Plan amendment and zone change wherein certain conditions were imposed on the master plan and constituted a part of the standards on which the plan should be judged, Zoning Condition 9 stated that the submittal of preliminary designs and the master plan application needed to address the proposed mitigation of the impacts discussed in the traffic impact analysis, The analysis submitted at that time sbowed traffic 'control would be necessary at the intersections of Martin Drive, Marcola Road, and Marcola Road and the home improvement center driveway, In order to meet capacity requirements to satisfy Goal 12, the applicant proposed to dedicate the right-of-way and complete all improvements needed for the collector street as well as provide the signalized intersectioris envisioned by the traffic analysis, There was no ATTACHMENT 5 - 10 authority in the criteria to require the roundabouts, and no nexus between the impact from the development and the burden that the condition placed on the application. He saw no basis for the condition whatsoever. Commissioner Carpenter asked if the collector in TransPlan traveled south of Q Street. Mr, Satre said no. Commissioner Carpenter saw the City's point in that the street collected nothing from the east. He said the road may be a collector in TransPlan, but it would ~olely collect from the property in question, Mr, Satni did not want to debate the decision that led to the street's inclusion in TransPlan, but pointed out that nonetheless, it was there. A collector was, a community roadway, not a local street. Mr, Satre noted Commissioner Carpenter's mention of the unsignalized in!eci~gtions on Olympic Street and said that the applicant envisioned a similar situation; thet-intersections along Marcola would be unsignalized until the:y met warrant requirements, ' , .~~: Commissioner Moore said that Olympic Street seemed wider tlJan Marcola Road as,jt included a center lane, Mr. Satre did not know. He added that Marcola Road also included a centerlline, ' ,,- .."!",r Speaking to Condition 55 on page I-59, Mr. Satre said that the applicant was not as con~erp.,ed about the condition as the fact it was imposed at all. While he did agn*d that 33M Street needed to ~~ improved, the impact was "off-off site," Such facilities were to be considered ,during 'the plan amendment process, Following the conclusion of that planning process, the applicant'voluntarily performed additional traffic analysis and Lane County had asked the applicant to look at some Of its facilities north of its project. That was done and the information reflected In 9n~ of the three trafficapalyses provided to the City, The applicant submitted its results to the County, which then indicated it reviewed the results and found its facilities to be p,",i~...,ing within standard, and iihad no 'further commentS'to offer. He said the same analysis indicated that only IS percent of the trips"generateclb)>fiiU b!lild-out of the development was projected to go in that directicm::"lbe,re was no staff arialysis of the'p}oportionality of that impact relative to the burden placed on the appiidilii:'Regardless of whether one believed the road should have been addressed during the planning process; any improvement would require the dedication of additional right- of-way because the eXisiihg'right-of-way was inadequate ~ow to accommodate the improvement. He argued that the case had not~tid could be made for that condition, ' _ ._' ; "'Lj!,, ',: :.... . '1~~;j:C< - ", ;)'~~'~,~~~'f?%~':t~lr\}~~(~/i" , - Speaking to Condition 56, regardmg adaptive reuse; Mr, Satre said that the condition had no connection or basis ,iri' any criteria to'b;:;'found irithe:Springfield Development Code, ';'.li,;.-. . -',~:",..,~;,' ':::,':':';i!~,:' , Mr, S~tr~\cbncluded his pres';ritli'tion by s~)';ing an opportUnity of the scale contemplated was not within . , "', r,,' risk or anxiety, It was normal f(),(people to feel anxiety as the project moved forward. He said the ' newness of the m:ister plan exp~tjence should not be allowed to get in the way of the opportunity before the community, He.~!<ed that tjIe City not impose conditions on the application that turned the opportunity into a lost one. He noted that the fmal master plan was recorded as a deed restriction in its entirety, and it did not niatt,,(how many property owner~ were involved. He referred the commission to Attachment 2 of the master plan application, which included the design guidelines for the entire acreage, Those guidelines would be part of the deed restriction, He pointed out that this was not the last time the applicant would be before the City of Springfield, Future developments would have to go through other City development processes. He thought the commission could be confident fu approving the master plan and "unburdening it" from unjustifiable conditions. Mr, Satre invited questions, Commissioners had no more questions, Chair Cross solicited testimony from the audience, ATTACHMENT 5 -11 Chris,Clemow, 1515 SE Water Avenue, Suite 100, Portland, Oregon, represented Lowe's Home Improvement Stores, He said that Lowe's was concerned that Condition 27, calling for the roundabouts, He said that the, applicant proposed to construct traffic signals at the time they were warranted. He said that such facilities were quite expensive, While warrants did not'exist for roundabouts, they faced roughly the same tests, He said that staff bad indicated the Springfield Development Code requirements were met by the signals, and the code required nothing more, He said that the issues of the environment and aesthetics mentioned by Mr, Barnett were nice but they were also not included in the code, The question came down to operational related issues, which were level of service and delay, which all acknowledged the roundabouts met, and safety and queuing, Staff's analysis indicated that queuing was met with signals and he believed that safety issues were addressed. Roundabouts might be a safer option, but there was no demonstrated safety deficiency to address in the area. Mr, Clemow pointed out that there had been one crash along the section of road in five years, with approximately 14 driveways on the south side. He did not think traffic signals would create an unsafe condition, Mr. Clemow said the applicant was very concerned about the right-of-way necessary to accommodate the roundabouts, All the land needed was to come off the north side, when in an idea situation it should come offboth sides of the roadway. He 'J~bmitted written testimo'ity, ~ .-. -'. Nancy Falk; 2567 Marcola Road, expressed support for taking the land n~eded for the roundabout from the north side of the road, She said it was not fair to take the'neighbors' front yards for the purpose. She expressed appreciation for the staff comments about the need to be 'cognizant of residents' needs. She recalled testimony offered by resident Peggy Tl1ompson suggesting a roundabout at Marcola Road but she was speaking of 28th Street because of the impact of !he trucks with jake' breaks traveling past her house; she did not think Ms, Thompson was serious and was sorry staff had pick~d up on that. "t,_ ::;:' Wesley O. Swanger, 2415 Marcola Road, was v~ry cO!1cerned ~bou~ !he potential of a roundabout at Martin Drive because of the impact on his property, He said that traffic flowed smoothly on Olympic Street because of a lack of trucktrnffic, However, a considerable volume of truck traffic came down Marcola Road and onto other roads in'the area, such as 28th Street. He recited a list of the truck types that traveled through the are~ ',;ria their inteJded destinations and said the'two areas were not comparable, He hoped that the Planning COIrnhission kep.t !h~l,,~idences in mind when making its decisions. : "'" ;' .up: t. ~ ". , L.: .':;(;'.,>::;_ _~ ";." ."0 Nick Shevchynski, 2347 Marcola Road, objected to ,all previous and future, past and present, objections made by anyone to .the iari,i'hse change's and to the proceedings of the proposed application; he objected to the staffI~port because it did not ref1e~t what he said at the last hearing; he objected to having any of his property taken for right-of-way; he objected to Condition 27 because it only benefited the developer; he objected to the artists' renderings provided by the applicants because ''they were not accurate"; he objected totheiliee-minute time limit for speaking as it was not adequate; he objected to the fact of the development propos,,,1 itself as ,"once this starts, you can't take it back." .....t. .,.. . . ' Mr, Shevchynski wanted th.:iapplicant to acknowledge that the homeowners on Marcola Road existed and to ask them what they ne~d or want. Ms. Falk asked that the record remain open until January 3, 2007, 'Attorney Leahy indicated'there were limits created by the l20-day rule established by the State for action on the application. The commission was scheduled to act on December 20, 2007, He recommended that the commission retain that time frame, Chair Cross closed the public hearing. ATTACHMENT 5 - 12 Commissioners Carpenter indicated he would be listening to the tapes of the last meetings to be able to participate in the vote on December 20, 2007. It was noted that Commissioner Leezer planned to do the same. Responding to a question from Chair Cross, Attorney Leahy indicated that the applicant's representative would be able to submit a summary of his testimony within the neXt seven days that would be provided to .th~ commission prior to the next meeting, BUSINESS FROM THE DEVELOPMENT SERVICES DIRECTOR Chair Cross deferred the item. REPORT OF COUNCil. ACTION Chair Cross deferred the item. ", ,', ," BUSTm:SS FRO!,,! T.OE COMMISSION ..j" Chair Cross deferred the item. ADJOURNMENT i .''''. The me~ting was adjourned at 10:30 p.m, (Minutes recorded by Brenda Jones arztJ Kim Y Dung) , ,:-~ "'I/J:rtN.:"'.:'i' , ';" " '." ATTACHMENT 5 -13 . u '"' . r I ~ ,P :::;;. :iii: = .'.~ Attachment 6A Signalized Intersection Conflicts ..'t 't.,.., ~'- .. .~_ 'fJi /~ ~.~~ ':i-; _~o . '.'" . ,- ~jl'~ 'J:: ." ~ '~'. ~', " II ~ .... . Standing queue of vehicles waiting to turn left into Marcola Meadows at proposed traffic signal (95% tile queue data table from Satre Associates, P.C., supplemental information letter and attachments, November 13, 2007). , ~}", it-7:~ -' . - l ~ .. . /~ , , /' , . /, / - ... = ,~,~ ~'."~ . .::'~l.'f'<"- -:~ . ~~-~.,:' "': ~~ 1 00 50 o 100 Feet Attachment 6 - 1 Attachment 68 Provided by applicant December 2007 : ,r- " . '~~lyAf".; ,4,:- ':>,' ~ f:. .."i \. .."~ , ., ., '~'. i ," -- s,;., ~ " " '} .. ,0,>> .'';' _;....,v,' _ ;. - " . ~.t. 'r' n 11 [1_11 ~ ~= - -=::--1 I , 4', , '-....~ ,.,.. ~ - ri_ '."- . ,n ~ "~n~'_" .; l! = ~'... -1~~' if _~I-:- , , '-"~ 't" '~,'I. . '. ,. la) -=-~ .. , f!!l .:.. -::--'-'~:ll -= .........-- _-'i " ,,, . 4 .,Y>. 'C', , '- It, '.~ ... . :~,~ ~-~.} ..,T- 'il -, -_~r.;."_ "fl'df -.. ''':) 't-.- I. " ~, ,lr~1t ~. ., ~4'.;~ <L~ ~ U"rl 1lI'. . :r:i'"l '" ~ .; - ~. ;"'-" ,'W' - II ~- --. '-"~~ ............0:, - ~. ~_ t '. ~ ...,~~~ {" ~ ,.$ . fl ,. ,."4J' ; t .r...~ ..-" "'.- ':r':"~ -. t>: ....' ',' t-:'tJi -~ 'i . ....... '. -~ . .'i ~ ; ',- ". :~...' ~ .. " ~ -';i , .' (: ..i; --- -....,~ . - - ._-~ -=-- -- Attachment 6 - 2 ATTACHMENT 7 OREGON REVISED STATUTES (ORS) 197.763 197]63 Conduct of local quasi-judicial land use hearings; notice requirements; hearing procedures. The following procedures shall govern the conduct of quasi-judicial land use hearings conducted before a local governing body, planning commission, hearings body or hearings officer on application for a land use decision and shall be incorporated into the comprehensive plan and land use regulations: (1) An issue which may be the basis for an appeal to the Land Use Board of Appeals shall be raised not later than the close of the record at or following the final evidentiary hearing on the proposal before the local government. Such issues shall be raised and accompanied by statements or evidence sufficient to afford the goveming body, planning commission, hearings' body or hearings officer, and the parties an adequate opportunity to respond to each issue, (2)(a) Notice of the hearings govemed by this section shall be provided to' the applicant and to owners of record of property on the most recent property tax assessment roll where such property is located: (A) Within 100 feet of the property which is the subject of the notice where the subject property is wholly or in part within an urban growth boundary; , (B) Within 250 feet of the property which is the subject of the notice where the subject property is outside an urban growth boundary and not within a farm or forest zone; or (C) Within 500 feet of the property which is the subject of the notice where the subject property is within a farm or forest zone, , (b) Notice'shall also be provided to any neighborhood or cOmmunity organization recognized by the governing body and whose boundaries include the site. (c) At the discretion of the applicant, the local government also shall provide notice to th'e Department of Land Conservation and Development. (3) The notice provided by the jurisdiction shall: (a) Explain the nature of the application and the proposed use or uses which could be authorized; (b) List the applicable criteria from the ordinance and the plan that apply to the application at issue; (c) Set forth the street address or other easily understood geographical reference to the subject' property; .' (d) State the date, time and location of the hearing; (e) State that failure of an issue to be raised in a hearing, in person or by letter, or failure to provide statements or evidence sufficient to afford the decision maker an opportunity 10 respond to the issue precludes appeal to the board based on that issue; (I) Be mailed at least (A) Twenty days before the evidentiary hearing; or (B) If two or more evidentiary hearings are allowed, 10 days before the first evidentiary hearing; (g) Include the name of a local government representative to contact and the telephone number where additional information may be obtained; (h) State that a copy of the application, all documents and evidence submitted by or on behalf of the app.licant and applicable criteria are available for inspection at no cost and will be provided at reasonable cost; (i) State ihat a copy of the staff report will be available for inspection at no cost at least seven days prior to the hearing and will be provided at reasonable cost; and Ollnclude a general explanation of the requirements for submission of testimony and the procedure , for conduct of hearings. (4)(a) All documents or evidence relied upon by the applicant shall be submitted to the local government and be made available to the public, ' (b) Any staff report used at the hearing shall be available at least seven days prior to the hearing, If additional documents or evidence are provided by any party, the local government may allow a continuance or leave the record open to allow the parties a reasonable opportunity to respond. Any continuance or extension of the record requested by an applicant shall result in a corresponding extension of the time limitations ofORS 215.427 or 227.178 and ORS 215.429 or 227.179. (5) At the commencement of a hearing under a comprehensive plan or land use regulation, a statement shall be made to those in attendance that (a) Lists the applicable substantive criteria; ATTACHMENT 7 - 1 "' . \ (b) States that testimony, arguments and evidence must be directed toward the criteria described in paragraph (a)'of this subsection or other criteria in the plan or land use regulation which the person believes to apply to the decision:'and , (e) States that failure to raise an issue accompanied by statements or evidence sufficient to afford the decision maker and the parties an opportunity to respond to the issue precludes appeal to the board based on that issue, (6)(a) Prior to the conclusion of the initial evidentiary hearing, any participant may request an opportunity to present additional evidence, arguments or testimony regarding the application, The local hearings authority shall grant such request by continuing the public hearing pursuant to paragraph (b) of this subsection or leaving the record open for additional written evidence, arguments or testimony pursuant to paragraph (c) of this subsection, (b) If the hearings authority grants a continuance, the hearing shall be continued to a date, time and place certain at least seven days from the date of the initial evidentiary hearing. An opportunity shall be provided at the continued hearing for persons to present and rebut new evidence, arguments or testimony. If new written evidence is submitted at the continued hearing, any person may request, prior to the conclusion of the cOntinued hearing, that the record be left open for at least seven days to submit additional written evidence; arguments or testimony for the purpose of responding to the new written evidence, ' , (c) If the hearings authority leaves the record open for additional written evidence, arguments or testimony, the record shall be left open for at least seven days, Any participant may file a written request with the local govemment for an opportunity to respond to new evidence submitted during the period the, record was left open. If such a request is filed, the hearings authority shall reopen the record pursuant to subsection (7) of this section, ' (d) A continuance or extension granted pursuant to this ~ection shall be subject to the limitations of ORS 215.427 or 227.178 and ORS 215.429 or 227.179, unless the continuance or extension is requested or agreed to by the applicant. (e) Unless waived by the applicant, the local government shall allow the applicant at least seven days after the' record is closed to all other parties to submit final written arguments in support of the application. The applicant's final submittal shall be considered part of the record, but shall not include any new evidence: This seven-day period shall not be subject to the limitations of ORS 215.427 or 227.178 and ORS215.429 or 227,179. ' , (7) When a local goveming body, planning commission, hearings body or hearings officer reopens a record to admit new evidence, arguments or testimony, any person may raise new issues which relate to the new evidence, arguments, testimony or criteria for decision-making which apply to the matter at issue: (8) The failure of the property owner to receive notice as provided in this section shall not invalidate such proceedings if the local government can demonstrate by affidavit that such notice was given, The notice provisions of this sectio~ shall not restrict the giving of notice by other means, including posting, newspaper publication, radio and television. (9) For purposes of this section: (a) "Argument" means assertions and analysis regarding the satisfaction or violation of legal standards or policy believed relevant by the proponent to a decision, "Argument" does not include facts. (b) "Evidence" m,eans facts, 'documents, data or other information offered to demonstrate compliance or noncompliance with the standards believed by the proponent to be relevant to the decision. [1989 c.761 910a (enacted in lieu of 197.762); 1991 c,817 931: 1995 c.595 92: 1997 c.763 96; 1997 c,844 92; 1999 c,533 912] ATTACHMENT 7 - 2