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Home My WebLink AboutCorrespondence PLANNER 12/9/2008 ~"""~~';.:!'~-r~ ,.;; ~~--:t.)_/":,,"""~~~ -''''-T'-~_'~:: ~""-',,;,.':l.',,,,~~~,,-:.tl:-,,;_ ~~~ ~..1f'I~...,t~ !;f " . ~ f: < :-",,;,~ '<-0 -:~~:"elmy,\iOE;S!PRli!N:(}FIEUD,tQRE60N ;'.:;' ':'> - ~", "'r.,j4;~:;Y '" _..~_~'.'_ <; ~~~~k';'~~;.!..."'~.:\ i;f ~-"':'~~'7_::~ :,~","",;",,'~~'::.. -L- -=-... ~ ":....~~~. J-! . ~~ . <. ~~c T ...) ::.. 225 FIFTH STREET. SPRINGFIELD, OR 97477 . PH: (541)726-3610 . FAX: (541)726-3689 December 9, 2008 " Harold Morris DBA: "Just Brew It" 3427 Quail Ridge Eugene OR 97404 RE: DRC2008-000 14 3545 Gateway Street Dear Mr. Morris: Thank you for your letter of November 5, 2008. We regret any difficulties you may have encountered with your private construction contractors during the development process, With regard to the City's development standards, I wish to reiterate that the Development Agreement memorializes that standards to which you are being held, Clearly, the issue at hand has been created by ~our opening and operating without Final Site Plan Approval or Building Occupancy, I To clarify, I have enclosed the Development Agreement signed by you on April 25, 2008. By signing this agreement, you agreed to comply with the conditions set forth in the Site Plan Review'Decision and Staff Report dated March 18, 2008. For your convenience. the conditions are as follows: I, Excavation or filling in the vicinity of the existing street trees, as well as any future removal of these trees. must conform to the standards of the SDC and EDSPM, Since these street trees are located on private property. maintenance of the trees shall be performed by the property owner as per SDC 4,2-140 C.2, 2, Prior to occupancy, the site shall be serviced with a private sanitary sewer lateral from the 12-inch sanitary sewer main along the east property line as depicted on the tentative plan, NOTE: Plumbing permits are required to install private sanitary sewer laterals, 3, Prior to occupancy, the site shall be serviced with private stormwaterlaterals as depicted on the tentative plan, and the existing stormwater catch basins on the site shall be retrofitted with Flo-Gard Plus catch basin filter inserts as proposed on the tentative plan, NOTE: Plumbing permits are required to install private stormwater laterals, 4, Prior to occupancy, the proposed'vegetative swales shall be fully vegetated with all plant species established to ensure a fully functioning water quality system, Alternatively, the applicant shall provide and maintain additional interim erosion control I water quality measures acceptable to the Public'Works Department that will suffice'until such time as the vegetative swales become fully established, " 5, Prior to Final Site Plan approval, the applicant shall correct the discrep,ancies in the proposed location and sizes of all utility lines on the different sheets of the plan set, 1 I " 6, Prior to Final Site Plan approval, the applicant shall indicate on the plan set the actual propose,d location of power facilities to serve the site. If the applicant'chooses to service the development site with power via the existing spare conduit from Transformer # 7132 to the subject property, prior to Final Site Plan approval; the applicant shall record and document on the Final Site Plan a private utility easement centered along said conduit. 7, Prior'to occupancy, the applicant shall extend electric service to 'the site as per SUB Electric standards, Placement of such facilities shall be underground as conditioned in the Underground Placement of Utilities section below, 8, Prior to occupancy, all utility lines that serve the site shall be installed underground,Prior to Final Site Plan approval, the applicant shall update the plan set to indicate SUB-approved water service connection points since the pro~osed connection point is not allowed per SUB Water standards, 9, Prior to occupancy, the site shall be serviced with private waterlaterals from the 12- inch water main in the right-of-way north of the subject property and water meters and backflow prevention devices .installed as per SUB Water standards, NOTE: Plumbing p~rmits are required to install these private water laterals, 10, Prior to Final Site Plan approval, the applicant shall provide additional street trees and shrubs for the front yard parking and driveway setback area on the landscape plan in conformance with the landscaping standards of SDC 4.4-105 F" which is consistent with the Gateway Refinement Plan Commercial Policies 2,2 and 2.3, II, Any future installation of commercial trash receptacles on the site shall be in conformance with SDC 4.4-110 3.c, and the EDSPM, 12, Prior to Final Site Plan approval, the applicant shall re-design the accessible parking space and the access route to/from that space in accordance with SDC 4,6-,120 and the Oregon Structural Specialty Code, 13, Prior to Final Site Plan approval, the applicant shall update the site plan to indicate the location of two-short term and one long-term bicycle parking spaces t6 serve the coffee kiosk development in conformance with SDC 4,6-140 through 4,6-155. 'One of these bicycle parking spaces may be located on the Washington Mutual bank site to the west I of the subject property, as long as prior to occupancy, signage is provided in accordance with SDC 4,6-1 SO A3, However"a minimum of two additional short-term bicycle parking spaces must be provided ,to serve the coffee kiosk development so that both the bank and the coffee kiosk meet the numerical standards of SDC 4,6-145 and 4,6-155, 14, Prior to use or delivery to the subject property, the contractor and all subcontractors working on the proposed development shall provide the applicant's engineer with copies of Material Safety Data Sheets (MSDS) for all hazardous materials proposed for use on- site. Based on the submitted MSDSs, the applicant's engineer shall determine whether or not the products contain DNAPLs, The applicant's engineer may contact the SUB Water Quality Protection Coordinator at 541-744-3745 with any questions rego.rding 2 evaluating products for DNAPLs, ,In addition, a copy of the MSDSs for all hazardous materials used on-site shall remain on the site as r!,quired by law, 15, All uses of. Dense Non-Aqueous Phase Liquids (DNAPLs) are prohibited during construction and operations of the proposed development, 16, During site development, contractors and developers shall be responsible for the safe handling and storage of chemicals; petroleum products, and fertilizers, as well asthe prevention of groundwater and stormwater runoff contamination, Hazardous materials used during construction, including paint and cleaning materials/waste, shall not enter the soil or be washed into the storm'Nater system, All hazardous materials shall be stored in adequate secondary containment, 17, During site development, precautions shall be taken to prevent fluid-containing equipment located outside from leaking, including providing a dedicated area for fueling and maintenance of equipment, Such an area shall be prepared and maintained to prevent spills or leaks from migrating to the soil or stormWater system, 18,' No fill materials containing hazardous materials shall be used on the subject property, 19, Prior to occupancy, soils lining the proposed vegetated bioswales shall be amended with clay as a means of further reducing their permeability, Alternatively, a sub-surface layer of heavy clay soils beneath the planting beds shall be installed to direct excess moisture containing fertilizers andlor pesticides from porous planting media into the bioswales, 20, Injection wells are prohibited on the subject property, 21, Prior to Final Site Plan approval, temporary wellhead protection signage in conformance with SUB standards shall be placed on the site to alert contractors and subcontractors to call 911 in the event of a release of hazardous materials, In addition, prior to occupancy, the applicant shall install permanent wellhead protection signs to alert employees and customers to call 911 in the event of a.release of hazardous,materials, Signs may be field-located with review staff during site inspections, Contact Amy Chinitz at 744-3745 to purchase signs from SUB. 22, Vision clearance areas shall be maintained at each access to a public street as per SDC 4,2-130, ' As noted here and stated in the Development Agreement, Section 5,17-140 of the Springfield Development Code states: ' "No building or structure shall be occupied until all improvements are made as specified in this Section", (Development Agreements) The site plan standards for your development have been applied fairly and nothing has changed, We are at your service to explain and assist you as you endeavor to complete the process and open your business, ' 3 However, until such time as these conditions are met, occupancy of die property is prohibited, ,Regretably, fa'i1ure to comply with the Develo'pment Agreement and this letter leaves us no recourse but to initiate Code Enforcement action, ' Sincerely, Ds~ ~~lp Lissa Davis Planner II Urban Planning cc: Jim Donovan, Urban Planning Supervisor Code Enforcement ~uilding!AddreSsl~ile' , 4