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Home My WebLink AboutMiscellaneous Miscellaneous 2/19/2004 'I' " , ~E I TENT1\. TIVE MINIMUM DEVELOPMENT STANDARDS, STAFF REPORT & DECISION Project Name: !UP Investments Nature of Application: Drive through espresso stand Case Number: DRC2003-00051 ,'. " ~~ . Project Location: 6898 Main Street (the northwest comer,of 69th and Main) Cu"rr~nt Site Conditions: vacated 69th Street right-of-way, next to a Dari Mart convenience store ZOning:NC Neighborhood Commercial Metro Plan Designation: TDR Low Density Residential ' , . Zoning'ofSurrounding Properties: North-LDR;South-LDR. EaSt-LDR and West_LDR Application Submitted Date: 9/1/03 (application deemed complete 2/17/04) Site Visit Conducted Date: 10/08/03 Decision Issued Date: 2/19/04 Decision: Tentative approval with conditions A;sociated Applications: Uip2003-00005 (69th Street r/v: vacation) CITY OF SPRINGFIELD DEVELOPMENT REVIEW TEAM POSITION I Proiect Manager I Transportation Planning Engineer Public Works Civil Engineer I Public Works EIT I Deputy Fire Marshal i Community Services Manager REVIEW OF Planning ".' Transportation Utilities I. Sanitarv & Storm Sewer I Fire and Life Safety Building '" NAME Tara Jones' Gary McKenney Eric Walter Matt Stouder Gilbert Gordon Dave Puent I APPLICANT'S DEVELOPMENT REVIEW TEAM Owner: Applicant: Gibson & Gibson LLC (Dari Mart) . !UP IilVestments (paul McLaugWin) 668 Greenwood'Sireet 929 South 56th Street I Junction City, OR 97448 Sryringfield, OR 97478 DRC2003-00051 Pagelof6 I PHONE 726-3657 1726-4585 736-1034 736-1035 726-2293 726-3668 ~ -. . .< Purpose: Minimum Development Standards (MDS) are intended to support economic development by minimizing C-ity review for minor additions, expansions or chapges in us'e. MDS shan ensti:r~ 'compliance with specific appearance; transportation safety and efficiency; ~d stonnwater management' s~dards specified in the Springfield Development Code (SDC) and otherwise protect pubiic health, safety and welfare. . Criteria of Approval: In order to grant MDS approval, the Director shall determine compliaIice wi\b all applicable standards specified below: Applicable Special Use Standards: ,Not applicable IDl Complies as Shown on Plot Plan I~I Proposal Complies when the followingCondition(s) is! are met: I) A five-foot wide Iimdscaped planter strip, including street trees, with approved irrigation or approved drought resistant plants as specified in St>C Sections 31,130, 31,140 and 32.050 shall be installed between the sidewalk and parking areas or buildings. !ii!:l Complies as Shown on Plot Plan !:8J. Proposal Complies when the following Condition(s) is! are met. Condition I. .As specified in SDC 18.050, front and street side yard setbacks shall be .seven feet in the Neighborhhood Commercial district ' Condition 2. The Final Plot Plan shall show the required seven-foot landscaped planter strip as specified in SDC Section 31.130, 31.140 Jnd 32.050. The plan shall show size, spedes and spacing for' the reauired landscaping. i I .,' 2) Trash receptacles and outdoor storage areas shall be screened by a structure or enclosure permanently affixed to the ground as specified in SDC Section 31.160. . ~ Complies as Shown on Plot Plan ~ Proposal Complies when the following Condition(s) is! are met 3) Bicycle parking spaces shall be added to meet the numerical standards for the appropriate use or npgraded t.o meet the standards set in SDC Sections 31.210 and 31.220. ~ Complies as Shown on Plot Plan DRC2oo3-ooo51 Page 2 of 6 ,. ',.",,," -~!, . < Gill Proposal Complies when the following Condition(s) is! are met: " 4) Parking and circulation areas shall be paved and striped and wheel stops installed as specified in SDC Sections 31.170 and 31,190, Required paving and other . impervious surfaces on the site shall comply with on-site stormwater management standards as specified in SDC Section 32.110. . . . . 0, """ .1,2:;1. Complies as Shown on Plot Plan Proposal Complies when the following Condition(s) is! are met: I', 5) Ac~ess onto .the public right-of-way shall comply"with SDC Section 32.080. . ,l~' . ," , f21"Complies as Shown on Plot Plan .. -., .'. '. . " , ," ,~. . .~. Propos~1 C~mpli~s wher,'i:hii'f~ilo~g C'onditioil(s) is! are met: I , .. , '.' . ": _ >'. ~ i , , ,,. 6) Concrete. sidewalks shall be installed where the.site abuts a curb and gutter street as specified in SDC Section 32.040. ' . !8l " Complies as Shown on Plot Plan @ll r:roposal Complies when the following Condition(s) is!are met: 7) Streetlights shall be installed as specified in SDC Section 32.060. , . ~. Complies as Shown on Plot Plan' Ii!:1l Proposal Complies ~hen the following Condition(s) is! are met: DRC2oo3-ooo51 Page 3 of 6 .< 8) The development shall cormect to public utilities as specified in Sections 32,100 through' 32,120 of the SDC and comply with the Springfield Building Safety Codes, where applicable. . Easements may be required as specified in Subsection 32.120(5) of this CO,de. . ~ Complies as Shown on Plot Plan ~. Proposal Complies when the following Condition(s) is/ are met. Condition 3. Provide a legend on the Final Plot Plan indicating the various utility lines. within the PUB. Condition 4. The Final Plot Plan shall show setbacks from the coffee kiosk to the affected utility lines within the PUB. Condition 5. No structure shall be located closer than 10 fe";t-to thepubli~ storm sewer, I ' - " Condition 6. The applicant shall obtain an approval letter or sign off from the affected utility companies (SUB and Northwest Natural Gas). Condition 7. Upon receipt of written notice from the City, the applicant shall removE::' the coffee kiosk and all associated appurtenances from the existing easement and ( restore the surface of the easement if so directed. In the event the applicant fails to ( remove the coffee kiosk and appurtenances within the time allotted in the written .I notice, the City shall have the right, but not the obligation, to remove these. / encroachcments and to bill ~e applicant for its full cost for the removal. ' ./ ~-'-----:-._-- ~ ...--- ~ --'- ~- -,- Condition 8. The applicant shall obtain all required encroachment, electrical. plumbing, sign and building permits through the Engineering Division and Community Services Division of the City for placement of the coffee kiosk and connection to utilities. Timelines and Conditions of Approval: The property ownet and/or applicant has 30 days from. the date of this decision to submit a Final Plot Plan demonstrating compliance with the following Conditions of Approval. The conditions of approval shall be met prior to issuance of building permits for this project: Condition I. As specified in SDC 18.050, front and street side yard setbacks shall be seven feet in the Neighborhhood Commercial district. Condition 2. The Final Plot Plan shall show the required seven-foot landscaped planter strip as specified in SDC Section 31.130, 31.140 and 32,050. The plan shall show size, species and spacing for the required landscaping. Condition 3.. Provide a legend on the Final Plot Plan indicating the various utility lines within' the PUB, I Condition 4. The Final Plot Plan shall show setbacks from the coffee ki~~k to the affected utility lines within the PUB. Condition 5. No structure shall be located closer than 10 feet to the public storm sewer. Condition 6, The applicant shall obtain an approval letter or sign off from the affected utility companies (SUB and Northwest Natural Gas). DRC2oo3-ooo51 Page 4 of 6 Condition 7. .Upon receipt 'of written notice from the City, the applicant shalI remove the , coffee kiosk and alI associated appurtenances from the existing easement and restore the. surface of the easement if so directed. In the event the applicant fails to remove the coffee kiosk and appurtenances within the time alIotted in the. written notice, the City shalI have the right, but not the obligation, to remove these encroachcments and to bill the applicant forits fulI cost for the removal. Condition 8. The applicant shalI obtain alI required encroachment, electricat plumbing, sign and building permits through the Engineering Division.and Community Services Division of the City for placement of the coffee kiosk and connection to utilities. In order to complete the review process, a Development Agreement is required within 45 days from the date of this decision to ensure the terms and conditions of this application are binding upon both the applicant and the City. This agreement will be prepared by Staff and upon approval of the Final Plot Plan, must be signed by the property owner prior to issuance of a building permit. THE APPLICANT MAY SUBMIT C.oNSTRUCTION OR BUILDING PLANS TO OTHER CITY 'DEPARTMENTS FOR REVIEW PRIOR TO FINAL SITE PLAN APPROVAL IN ACCORDANCE WITH SDC 31.080 AT THEIR OWN RISK. ALL CONCURRENT SUBMITTALS ARE SUBJECT TO REVISION FOR COMPLIANCE WITH THE FINAL PLOT PLAN. A DEVELOPMENT AGREEMENT ( IN ACCORDANCE WITH SDC 31,090 WILL NOT BE ISSUED UNTIL ALL PLANS SUBMITTED BY THE APPLICANT HAVE BEEN REVISED. CONFLICTING PLANS CAUSE DELA Y~ The construction of the required improvements shall begin within 90 days of the date of this decision. If the established time line cannot be met, the applicant may submit a written request for a time line extension as specified in SDC Section 31.olo(5)(b), The Director may allow a one-time extension of the 90-day start of construction timeJine due to situations including but not limited to, requITed permits from the City or other agencies, weather conditions and the unavailability of asphalt or the unavailability of street trees. If the time extension is allowed, security shall be provided as specified in SDC Section 31.110 of this Article. The time line extension shall not exceed 90 days. If the established time line is not met and the applicant has not requested' an extension, the Director shall declare the application null and void if the property is occupied and the property owner shall be considered in violation of this Code. If the established time line is not met and the applicant has requested an extension and that time line has not been met, the Director may require the improvements be installed 'as specified in SDC Section 31.11O( 4). . , . PERMITS THAT MAYBE REQUIRED: . All new sewer taps will require permits from the Public Works Department prior to c01ll!ection. Sidewalks and driveway curb cuts and closures. require permits from the. Public Works Department. Building permits will be required for the construction of the building and the paving of the parking lot. An LDAP permit will be required for all grading, filling and excavating being done. Sign Permit-NOTE: Signs are regulated by the Springfield Municipal Code Article 9, Chapter? The number and placement of signs must be coordinated with the Community Services Division. The location of signs 'on a Site Plan does not constitute approval from the Commuoity Services Division. . . .. . DRC2oo3"00051 Page 5 of 6 .< Additional Information: The application, all documents, and evidence relied upon by the applicant," and the applicable criteria or approval are available for free inspection and copies are available for a fee at the Development Services Department, 225 Fifth Street, Springfield, O:egon. ' Appeals: This Type I decision is.exempt from the provisions of ORS 197.195, 197.763 and 227.173 and therefore cannot be subject to the appeal provisions ofSDC Article 15, Appeals. In the event the applicant disagrees with the application of the development standards in this decision, the applicant may request a Type ill Formal Interpretation or a Type II Site Plan R~view application. Questions: Please call Tara Jones in the Planning Division of the Development Services Department at (541)726-3657 if you have any questionsTegarding this process. " DRC2oo3-o0051 Page 6 of 6 , ,. .< MINIMUM DEVELOPMEl';IT STANDARDS REVIEW DEVELOpMENT AGREEMENT This DEVELOPMENT AGREEMENT, hereafter "Agreement" ,is entered into this q th .day of .Atop \ ,2004 (the "Effective Date") by and between.the CITY OF SPRINGFIELD, hereinafter ' "city" and Gibson and Gibson LLC, hereinafter "Owner", in accordance with Section 31.090, and Section 3.070(3), 3,080(3), 3.090(3) and 3.100(3). . REeIT ALS WHEREAS, on the 19th day of February, 2004, the City approved the Minimum Development Standards Application submitted by the Applicant for the::purpose of the following: . . , CITY CASE NUMBER DRC2003-ooo51, Type I Minimum Development Standards Application requesting approval for a drive through espresso stand at 6898 Main Street, Map and Tax Lot Number 17-02'35-32-5317. WHEREAS, in consideration for a Type I Minimum DevelopmenlStandards Application approval, the issuance of a Building Permit, and the issuance of an Occupancy Permit, as specified in the Springfield Development Code Section 31.090, Owner agrees to comply with all of the standards in the Springfield Development Code and the Springfield Municipal Code which may be, applicable to this development project unless modified or excepted by the Minimum Development Standards Development Agreement, Development Services Director, Planning Commission, Building Official or their agents, or the Fire Marshall, which modifications or exceptions shall be reduced to writing. WHEREAS, in consideration for Minimum Development Standards approval, the issuance of a Building Permit, and the issuance of an Occupancy Permit, as specified in the Springfield Development Code Section 31.090, Owner agrees to comply with the following specific conditions imposed by the City as part of the Minimum Development Standards approval: I. All improvements must be constructed/installed or bonded as shown on the Final Plot Plan dated March 2004. 2. All conditions as specified in the Notice of Decision, dated February 19, 2004, must be fulfilled prior to the issuance of a Final Occupancy Permit. THEREFORE IN CONSIDERATION OF THE FOREGOING RECITALS WHICH ARE EXPRESSLY MADE A PART OF THIS AGREEMENT, CITY AND APPLICANT AGREE AS.FOLLOWS: 1. FINAL MINIMUM DEVELOPMENT STANDARDS. The Owner has submitted a Final Plot Plan in accordance with Section J 1.0 10(5)( I) of the Spriri.gfield Development Code. 2. STANDARDS. The Owner agrees to fulfill all applicable standards specified in the Springfield Development Code and the specific standards listed in the RECITALS prior to the occupancy, unless certain conditions have been deferred to a later date in accordance with Section 31.110 of the Springfield Development Code. Development Agreement DRC2003-ooo51 Page I of3 .< 3. CONDITIONS. Owner agrees to fulfill all specific conditions of approval required by the -City listed in the RECITALS prior to occupancy, unless ~ertain conditions have been deferred to a later date in accordance with Section 31.110 of the Springfield Development Code. 4. MAINTAINING THE USE. The Owner agrees to the following: (a) The building, parking and landscaping areas shall be maintained in accordance with the provisions ofthe Springfield Development Code in order to continue the use. (b) OiVwater separator catch basins, if approved by the City, ,and other drainage systems are required to be checked and cleaned to remove pollutants as needed (at least once a year, usually in September). All waste material must be disposed of in a lawful manner. The qwner must document these maintenance activities and have the documents available on site for the City of Springfield to inspect and review. Failure to have documents on-site will be a breach of this agreement and may result in a citation. 6. In addition to 'all other remedies which may be provided by law or equity (including but not limited to penalties provided by applicable State Law or City Ordinances), Owner agrees the City may enforce Owner's responsibilities by withholding Applicant's .Final Occupancy Permit, and terminating any Temporary Occupancy Permit which may have been granted. 7. Any Minimum Development Standards approval becomes null and void if construction does not commence within 90 days of the date of the agreement. Development Agreement DRC2oo3-ooo51 Page 2 0(3 . ' , . .< IN WITNESS WHEREOF, the Owner and City have executed this Agreement as ofthe date first herein above written. , LJvlo~of 'Date OWNER: ...", BY: )~~ STATE OF Ue-c:",j ,Countyof L#/j/b. ~,L//.!, .2004. Before me appeared t:l9lfv::r. Sl'RA;4~ . ., who being sworn did say that they are the Pr@sitfsM\!J~efetlif'<il r8s]3eetivcly of the c~4i6i:il;and that the seal affixed hereto is its seal, and that t IS mt'trtIment was voluntarily signed and sealed in behalf of the corporation by authority of i\:a~d 2ectors before me. . .//~' ~~________="""'_'_"_"_"'_'_'" ~;.., ,~Ao,,,'/-1 ../ OFFICIAL SEAL I ~ . / ../ SHARON R BISWELL I '. . A LL~ '. } NOTARY PUBLIC, OREGON I Notary PublIc for (Y, ...... .... COMMISSION NO. 345045 I . MYCOMMISSIONEXPIRESMAY29,20051j M C .. . ~ d'Ll "u;P6 __________________, y ornmlsslOnexplres ///1' / ;: . CITY I < c; ~T/~ STATE OF OREGON, County of Lane , AOJ.AJ. q . 2004. Personally appeared the above named .,.......... -rW~ \ I tJVtt'l , who" acknowledged the foregoing instrument to be their voluntary act. Before me! ' ~q-~{ Thrtr BY: ~L (JOJw' Notary Public for ~~ My Commission expices -1JfJl4 0. UtJ4-" iJ Development Agreement DRC2003-00o51 Page 3 00