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Home My WebLink AboutNotice PLANNER 6/2/2008 " 7rJ~, RECEIVED AFFIDAVIT OF SERVICE JUN 22008 ~tdi~J rfl ~ By:~ --- STATE OF OREGON) , )'ss. ' County of Lane ) I, Karen LaFleur, being first duly sworn, do hereby depose and say as follows: '1. I state that I ama Program Technician forthe Planning Division ofthe Development Services Department, City of Springfield, Oregon. 2. ' I state that in my capacity as,Program Technician, I prepared and caused to be , mailed copies 'of D~t'2.008-I:YYl.2q '2ft it" (A iJu.i.& LN..-' -'.dL J.w:t - ' (See attachment nAn) on (ph~ . 2008addressed to (see ~ Attachment Sn), by causing said letters to be placed in a U.S. mail box with postage fully, prepaid 'thereon. '1< /UUAL' (}{~, KA~E~ "LaFLEUR I , STATE OF OREGON, County of Lane ~)~ Z ';;!:!=:-' , ,2008. Personally appeared the above named Karen LaFleur, Program Technician', who acknowledged the foregoing instrument to be their voluntary ,act. Sefore me: ~--------'-----~-----' . Y. ,OFFiCiAl. SEAL i ~ ,NANCY MACHADO' , I ,:~ NOTARY PUBLIC. OREGON I ( COMMISilION NO. 380103 I ( MY COMMISSION EXPIRES JUNE 18, 2008 I \--------_._---------~ ----L4~a-cJ' . (y t,.;o" Ex,;"" d.u..u Id'. :U"f- .1 ... :City of Springfield Development Services Department 225 Fifth' Street Springfield, OR 97477 SITE PLAN REVIEW Staff Report & Decision Project Name: Carver I Safway Site Upgrade Project Proposal: Pavirig and related site improvements . \ ' Case Number: DRC2008-00029 Project Location: 3654 Kathryn Avenue 17-02-30-43, TLs 6400 & 6401 Zoning: Heavy Industrial (HI) Overlay District(s): Drinking Water Protection (DWP) Applicable Refinement Plan: Mid-Springfield Refinement Plan Designation:' Heavy Industrial (HI) Metro Plan Designation: Heavy Industrial (HI) Pre-Submittal Meeting Date: January 29, 2008 Application Submittal Date: April 18, 2008 ORe Meeting Date: May 20, 2008 Decision Issued Date: June 2, 2008 Recommendation: Approval with Conditions Appeal Deadline Date: June 17, 2008 Associated Applications: PRE2008-00005/, I DEVEli0PME'jln REVIEW,C<DMM1TItEE, I POSITION I Planner II I Transportation Planning Engineer I Public Works Engineer in Training I Deputy Fire Marshal I Engineering Technician I Civij Engineer ... .'I.!"IIII't:.~ "".,l...------..:..i' "~l 'c. ~ ""~ ,'!:"- '"l,'i d' ,. ,;~ I v,,_'^V .,'b (i ~ " : ~:~.j~,~. r lIi'm <Iih ==0.. 00=) II'. _J --~~.',I!f' _ ',_ ..111'" _ _ ';r'l'.. ::-"1%.' 1"".' i~Ij]==i~ I' ~';rrlr'~' J. ~, -~I fib ,- . ,C,( . -f' _ "~'lor ~ . \fV"",fl --:"L_Ji., 'v', '_'.' .",-, . 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'0" n I. ,,;J!-' -:;'5€I'l:;:..;c-~' I'-- """:(] L(,,~r lJ I,':l.;,..~.;..:~ CP _' " I __C..J-. _ . . '. .~;'<~!=.' _.- ( REVIEW OF Land Use Planning Transportation Utilities, Sanital"{ & Storm Sewer Fire and Life Safety SUB Electric Utilities SUB Water Utilities NAME Molly Markarian Gary McKenney I Jesse Jones I Gilbert Gordon I Tony Talbot I Bart McKee I PHONE 726-4611 726-4585 736-1036 726-2293 726-2395 726-2396 APeLlc~NT:SiOEVEI10PMEN1) REVIEW;TEAM Applicant Refle Fabricant, P.E" S.E. Branch Engineering, Inc. 310 Fifth Street Springfield, OR 97477 Case No. DRC2008'00029 Owner Scott Carver 1993 Misty Meadow Drive Folsom, CA 95630 1 of 16 . . " oj DECISION This staff report and decision grants approval with conditions to the subject application, as of the date of this decision. The standards of the Springfield Development Code (SDC) applicable to each criterion of approval are listed herein and are satisfied by the submitted plans and notes (see Appendix A) unless specifically noted in this decision with findings and conditions necessary for compliance. The Final Site Plan, including the landscape plan, as well as building plans, site development, and the installation of public and. private improvements, must conform to the approved site plan or as conditioned herein. Any changes to the approved site plan must be approved through the Site Plan Modification application process. This is a limited land use decision made according to city code and state statutes. Unless appealed, the decision is final. 'Please read this document in its entirety. USES AUTHORIZED BY THIS DECISION The proposed use of this site for rental of construction equipment is permitted subject to special location and/or siting standards in accordance with SDC 3.2-410. No other uses are authorized by this decision. REVIEW PROCESS This application has been reviewed under the procedures listed in SDC 5.1-130, Type II Applications, and SDC 5.17-100, Site Plan Review. This application was accepted as complete on April 18, 2008, and this decision is issued on the 45th day of the 120 days permitted per ORS 227.178. COMMENTS RECEIVED Applications for Type II limited land use decisions require notification of property owners and occupants . . . within 300 feet of the subject property and any applicable neighbor~ood association, allowing for a 14- day comment period on the application per SDC 5,1-130. The property owner, applicant, if different, and parties submitting written comments during the comment period have appeal rights and are mailed a copy of this decision 'for consideration. In accordance with SDC 5.1-130, notice was mailed to the property owners and occupants within 300 feet of the subject property' on April 22, 2008. No written comments were received during the comment period. SITE INFORMATION The subject property is comprised of two adjacent tax lots, 6400 and 6401, which are located inside the City limits. The entire site is relatively flat, and soils are mapped as Malabon-Urban Land Complex-76 and McBee Silty Clay Loam-79. Both parcels are zoned and designated Heavy Industrial, and land immediately surrounding the site to the north and east is.zoned Heavy Industrial while property to the south and west is zoned Low Density Residential. Tax lot 6400 is a 3.79 acre (165,092 square feet), rectangular"shaped vacant, grassy lot at the northeast corner of Kathryn Avenue and 35th Street. Tax lot 6401 is a 1.21 acre (52,715 square feet) . rectangular-shaped lot on the north side of Kathryn Avenue between 36th and 3th Streets. Currently, this tax lot contains a steel frame building, facing and taking access from Kathryn Avenue. The building, which was built in 1972, was originally used by Carver Electric as an electrical contractors' shop and storage building. The building is currently leased to Safway Supply for the storage and rental of construction equipment. The proposed improvements to the property are in'response to a code, Enforcement action from 2007. SITE PLAN REVIEW - CRITERIA SDC 5.17-125 states that an application shall be approved or approved 'with conditions upon determination that the criteria listed in SDC 5.17-125 A. through E. have been satisfied and that if , conditions cannot be attached to satisfy the approval criteria, the application shall be denied. Case No. DRC2008-00029 2 of 16 ... .. Criterion 1 ISDC 5,17-125 A.\ The zoning is consistent with the Metro Plan diagram, and/or the applicable Refinement Plan Diagram, Plan District Map, and Conceptual Development Plan. Finding: The subject property is zoned Heavy Industrial and is designated Heavy Industrial by the Metro Plan diagram and the Mid-Springfield Refinement Plan. There are no applicable Plan District maps or Conceptual Development Plans for this property, and no change to the zoning designation or boundaries is proposed. . eonclusion: This application satisfies Criterion 1 (SDC 5.17-125 A.). Criterion 2 ISDC 5.17-125 B.\ Capacity requirements of public and private facilities, including but not limited to water and electricity; sanitary sewer and stonnwater management facilities; and streets and traffic safety controls shall not be exceeded and the public improvements shall. be available to seNe the site at the time of development, unless otherwise provided for by this Code and other applicable regulations. The Public Works Director or a utility provider shall determine capacity issues. Finding: The Development Review Committee (DRC), including representatives from the City's Development Services Department, Public Works Department, and Fire and Life Safety Department, as well as the Springfield Utility Board (SUB) reviewed the application, and their comments have been incorporated into the findings and conditions below. Finding: Criterion 2 contains two categories of development standards with sub-sections. The application as submitted complies with any applicable sub-sections of the development standards unless otherwise noted with specific findings and conditions. The development standards relating to Criterion 2 include but are not limited to the infrastructure standards discussed in SDC 4,1-100, 4.2- 100, and 4.3-100: . 4.2-100 InfrastruCture Standards- Transportation 4.2-105 Public Streets 4: 2-11 0 Private Streets 4.2-115 Block Length 4.2'120 Site Access and Driveways 4.2-125 Intersections 4.2-.130 Vision Clearance 4.2'135 Sidewalks 4.2"140 Street Trees 4.2-145 Street Lighting 4.2-150 Bikeways 4.2-155 Pedestrian Trails 4.2-160 Accessways 4.3-100 Infrastructure Standards- Utilities 4.3-105 Sanitary Sewers 4.3-110 Stormwater Management 4.3-115 Water Quality Protection 4.3-120 Utility Provider Coordination 4.3-125 Underground Placement of Utilities 4.3-130 Water Service and Fire Protection 4.3-135 Major Electrical Power Transmission Lines 4.3-140 Public Easements 4.3-145 Wireless Telecommunications Systems Facilities Public Streets Finding: Abutting the subject property to the south is Kathry[l Avenue, a 19.5-foot asphalt-paved two-lane local street within a 60-foot right-of-way. The street is only improved with paving and LPS street lighting. . Average daily traffic along this section of Kathryn Avenue is estimated to be fewer than 1,000 vehicle trips per day. Finding: Based on the Institute of Transportation Engineers (ITE) Land Use Code 120-General Heavy Industrial, the total trip generation from this development upon completion of the proposed development will generate 26 weekday vehicle trips and 12 afternoon peak-hour vehicle trips onto the surrounding CasoNo, DRC200B,00029 3 of 16 - - " , street system. In addition, assumed development may generate pedestrian and bicycle trips. According to the LCOG household survey from 1994, 12.6% of household trips are made by bicycle or walKing and 1.8% are made via public transit. These trips may have their origins or destinations at a variety of land uses, including the subject property. Pedestrian and bicycle trips create the need for sidewalks, pedestrian crossing signals, crosswalks, bicycle parking, and bicycle lanes. Finding: SDC 4.2-105 G.2. states that whenever a proposed land division or development will increase traffic on the City street system and the development site has unimproved street frontage, that street frontage shall be fully improved to City specifications in accordance with the cdteria listed in SDC 4.2-105 G.2.a. through d. SDC 4.2-105 G.2. Exception i. states that in all cases other than a. through d. of this section, an Improvement Agreement shall be required as a condition' of development approval, postponing improvements until the time that a City. street improvement project is initiated. Finding: SDC 4.2-105 G.2. Exceptioni applies to the subject property since 4.2-105 G.2.a. throughd. do not. . . eondition 1: Prior to Final Site Plan approval, the appl.icimt shall execute and record an Improvement Agreement for Kathryn Avenue for paving, curb, gutter, sidewalk, street trees, street lighting, and storrn. sewer. Finding: As conditioned above, this application meets the requirements of SDC 4.2-105 G.2. Street Trees Finding: Street trees are a required public improvement, and as such, must be completed prior to development approval as per SDC 5.12-145 C. Finding: The Exception listed in SDC 4.2-140 states that in order to meet street tree requirements, where there is no planter strip and street trees cannot be planted within the public right-of-way, trees shall be planted in the required front yard or street side yard setback of private property as specified in the applicable zoning district. In such cases, maintenance of the street trees on private property shall be performed by the property owner as per SDC 4.2-140 C. Finding: SDC 4.2-140 A. states that new street trees shall be at least two inches in caliper and shall be selected from the City Street Tre.e List and installed as specified in the City's En9ineering Design Standards and Procedures Manual (EDSPM). ' Finding: There are neither existing street trees on the subject property nor street trees in the right-of- way adjacent to the property. However, the applicant has proposed installing two, two-inch caliper Sargent Cherry and five, two-inch caliper Green Vase Zelkova street trees within the front and side yard parking and driveway setbacks of the site. eondition 2: Prior to Occupancy, two Sargent Cherry and five Green Vase Zelkova street trees (or other approved street tree from the List of Acceptable Street Trees for four to six-foot wide planter strips as listed in the EDSPM) of at least two inches in caliper shall be planted in the front and side yard parking and driveway setbacks of the site as proposed on the Site Plan. New street trees shall be installed as specified in the SDC and EDSPM. All tree nursery tags identifying the type of street tree shall remain on the street trees until Final Site Inspection approval. Finding: As conditioned above, this application meeets the requirements fo SDC 4.2-140. Case No, DRC200B,00029 40116 ... ... Stormwater Manaaement Finding: SDC 4.3-110 B. states that development approval shall only be granted where the Public . Works Director has determined that adequate public andlor private stormwater management systems provisions, consistent with the EDSPM, have been made. Finding: SDC 4.3-110 D. states that run-off from a development shall be directed to an approved stormwater management system with sufficient capacity to accept the discharge. Finding: SDC 4.3-110 E. states that new developments are required to employ drainage management practices that minimize the amount and rate of surface run-off into receiving streams and that promote water quality. Finding: The application indicates that no stormwater management is currently employed on the subject property. However, the applicant proposes directing stormwater run-off from the site to filtered catch basins and a grassy swale prior to discharge into public stormwater system in the right-of-way west of the property. Condition 3: Prior to occupancy, the applicant shall install the proposed stormwater management system as depicted on the Site Plan. NOTE: Plumbing permits are required to install private stormwater laterals. Finding: The vegetation proposed for use in the grassy swale will serve as the primary pollutant removal mechanism for the stormwater runoff and will remove suspended solids and pollutants through the' processes of sedimentation and filtration. Satisfactory pollutant removal will occur only when the vegetation has been fully established. Condition 4: Prior to occupancy, the proposed swale 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 swale becomes fully established. Finding: The applicant has proposed a private joint-use stormwater easement and maintenance agreement to benefit both tax lots that make up the subject property. eondition 5: Prior to Final Site Plan approval, the applicant shall record the proposed private joint-use stormwater easement and maintenance agreement. Finding: As conditioned above, this application meet the requirements of SDC 4.3"110. UtilnvProwderCoordination Finding: SDC 4:3-120 states that all utility providers shall be responsible for coordinating utility installations with the City and the developer through the Development Review Committee or by separate written correspondence and that the developer shall be responsible for the design, installation, and cost of utility lines and facilities to the satisfaction of the utility provider. Finding: The application indicates that the existing building on the subject property is currently served by SUB Electric via overhead lines from a pole across the right-of-way from the southwest corner of tax lot 6401, and the applicant has proposed keeping this overhead electric service. Finding: SUB Electric has stated that the existing building is actually served via underground electric service from Pole #68066 located at the southwest corner of 3ih Street and Kathryn Avenue. . eondition 6: Prior to Final Site Plan approval, the applicant shall correctly identify the type and location of existing electric service to the property on the Site Plan. Case No, DRC2008,00029 5 of 16 ", flit Finding: As conditioned above, this application meets the requirements of SDC 4.3-120. Underaround Placement of Utilities Finding: SDC 4.3-125 states that wherever possible, all utility lines shall be placed underground. Finding: As discussed above, although the plan set submitted with this application indicates that site is served by overhead power, it is actually served via underground power. However, a City staff site visit on May 22, 2008 indicates that the utility line mislabeled as overhead power on the plan set is an actual existing utility line of some sort. eondition 7: Prior to Final Site Plan approval, the applicant shall correctly' identify the overhead utility line serving the site from a utility pole in the right-of-way south of the property on the Site Plan. In addition, prior to occupancy, all utility lines serving the site shall be placed underground. Finding: As conditioned above, this application' meets the requirements of SDC 4.3-125. Public Easements Finding: SDC 4.3c140 A. states that the applicant shall make arrangements with the City and each utility provider for the dedication of utility easements necessary to fully service the development or land beyond the development area. This policy dictates that the minimum width for Public Utility Easemenis (PUE) adjacent to street rights-of-way, as well as all other PUEs, shall be seven feet, unless otherwise specified. Finding: The applicant has proposed a seven-foot wide PUE along the Kathryn Street frontage of the entire site. ' eondition 8: Prior to Final Site Plan approval, the applicant shall record a seven-foot PUEalong the Kathryn Street frontage of both tax lots of the subject site. Finding: As conditioned above, this application meets the requirements of SDC 4.3-140 A. Conclusion: This application satisfie~ Criterion 2 (SDC 5.17-125 B,) as conditioned herein. Criterion 3 ISDC 5.17-125 C.\ The proposed development shall comply with a<< ?pplicable public and private design and construction standards contained in this Code and other applicable regulations. Finding: Criterion 3 contains four categories of development standards and requirements. As such, the application must comply with the development standards of SDC Chapter 4 not addressed by Criterion 3, as well as ,the development standards for the applicable zoning district. In addition, the application must comply with the requirements of any applic:;able overlay district andlor refinement plan. The application as submitted complies with the applicable development standards and requirements unless otherwise. noted with specific findings and conditions. The development standards and requirements relating to Criterion 3 include but are not limited to the following: Chapter 4 - Development Standards 4.4-100 Landscaping, Screening, & Fence Standards 4.5-100 On-Site Lighting Standards 4.6-100 Vehicle Parking, Loading, & Bicycle Parking Standards 4.7-100 Specific Development Standards for Certain Uses 4.8-100 Temporary Uses 3.2-400 Industrial Zoning Districts .3.2-410 Schedule of Use Categories 3.2-420 Base Zone Development ,Standards Case No, DRC2008.00029 60116 lit tit Applicable Overlay District 3.3-200 Drinking Water Protection Applicable Refinement Plan Mid-Springfield Refinement Plan LandscaDina, Screenina & Fence Standards Finding: SDC 4.4-105 A. states that the landscaping regulations ensure that new development is... adequately screened from .Iess intensive development...minimizes run-off... facilitates energy conservation and crime prevention...and improves the appearance of the City to create a desirable , . place to live and work. Finding: SDC 4.4-105 states that all required setback areas and any additional required planting areas as specified in the SDC shall be landscaped, One such additional required planting area is SDC 4.4- 110 B.3.d., which states that when abutting a street, outdoor storage areas and yards shall be provided with a five-foot planting stripas specified in 4.4-100. Finding: SDC 4.4-105 E. outlines the minimum planting acceptable per 1;000 square feet of required planting areas, and SDC 4.4-105 F. specifies the minimum planting acceptable for landscaped parking and driveway setbacks. Finding: The applicant has proposed landscaping the five-foot parking and driveway setback along the southern and eastern edge of the parking and driveway areas of the site with drought-resistant species, including seven approved two-inch caliper street trees, 28 five-gallon shrubs, and 32 two-gallon shrubs. While the proposed number of shrubs meets the planting requirements for the approximately 800 square feet of landscaped parking and driveway setbacks, the proposed number of trees falls just shy of the requirement for eight trees. eondition 9: Prior to Final Site Plan approval, the applicant shall adjust the number of proposed trees in the parking and driveway setback areas to comply with the numerical standards outlined in SDC 4.4- 105 F. Finding: The applicant has not proposed any trees or shrubs in the required landscaped street side yard parking and driveway setback on the west side of the proposed parking lot. . eondition 10: Prior to Final Site Plan approval, the applicant shall provide the required landscaped street side yard parking and' driveway setback on the west side of the proposed parking lot in conformance with SDC 4.4-105. The required' planting for this area shall meet the parking and driveway setback landscaping standards outlined inSDC 4.4-105 F. The applicant may locate the required five-foot landscaped planting area along the frontage of 35'h Street instead of adjacent to the actual parking lot to enable possible future expansion of the parking lot if so desired. Finding: The applicant's proposal does not meet the five-foot landscaped interio(side yard, rear yard, or street side yard outdoor storage setback requirements of the SDC, nor does it meet the requirement reference above for a landscaped buffer when an outdoor storag~ yard abuts a street. Finding: While providing setbacks, and especially landscaped setbacks, along the eastern interior side yard and rear yard boundary of the site would provide the environmental and aesthetic benefits outlined . above, the fenced northern and eastern boundaries of the outdoor storage area are adjacent to other fully-developed heavy industrial sites. Therefore, requiring the fence to be set back from the property line and landscaping such setback is not practical. However, providing a landscaped street side yard outdoor storage setback is practical and necessary to meet the landscaped screening requirements requiring a landscaped planter strip when outdoor storage areas abut a street as outlined in SDC 4.4- 110 B.3.d. Condition 11: Prior to Final Site Plan approval: the applicant shall provide the required landscaped street side yard outdoor storage setback on the west side of the fence for the proposed outdoor storage Case No, DRC2008,00029 70116 ", .. area in conformance with SDC 4.4-105. The required planting for this area shall meet the planting requirements outlined in SDC 4.4-105 E. Lawn may not be substituted for trees or shrubbery because this setback is required for screening as per SDC 4.4-110 B.3.d. The applicant may locate the required five-foot landscaped planting strip along the frontage of 35th Street instead of adjacent to the outdoor storage fence to enable possible future expansion of the l?torage area if so desired. Finding: SDC 4.4-110 A.1. and A.3. state that screening is required where industrial districts abut residential districts, and specifically for outdoor storage yards in non-residential districts abutting residential districts. SDC 4.4-115 states that such screening of outdoor storage yards shall be in the form of a sight-obscuring fence. Finding: SDC 4.4-1-10 B.3.b. states that whenever a required screen in the form or'a fence is adjacent to a residential district or a collector street, it shall be non-metallic and of a subtle color (I.e. wood or . plastic coated metal) to blend with surrounding vegetation. Finding: Adjacent to the subject site on the west are both a low-density residential district and a collector street, and adjacent to the subject site on the south is a low-density residential district Finding: The applicant has proposed screening the outdoor storage yard on all sides with a slatted six-foot high chain link fence. However, the applicant does not discuss how such a fence meets the SDC requirements for being non-metallic and of a subtle color forthe. west and south perimeters facing residential districts and collector streets. eondition 12: Prior to Final Site Plan approval, the applicant shall change ttie proposed new fence on the west and south perimeters of the storage yard to meet the SDC requirements for a non-metallic and subtle-colored fence (I.e. wood or plastic coated slatted chain link). Finding: SDC 4.4-110 A.4. and B.3.c. state that screening shall be required for refuse disposal areas. SDC 4.3-110 B. states that the Approval Authority shall grant development approval only where adequate stormwater management provisions have been made as determined by the Public Works Director, consistent with the EDSPM. Finding: The subject property was cited by'Code Development via Case No. COD2007-00132 for, among other violations, unscreened garbage. Finding: The application does not indicate the location of a garbagelrecycling area for the site, nor does it indicate if such an area is proposed to be screened, covered, hydraulically isolated, and connected to the sanitary sewer system as required by.the SDC and EDSPM. eondition 13: . Prior to Final Site Plan approval, the applicant shall indicate the location of the garbagelrecycling area on the plan set The trashlrecycling area shall meet all applicable screening and stormwater management requirements of the SDCand EDSPM. Finding: As conditioned above, this application meets the requirements of SDC 4.4-100. On-Site Liahtina Standards Finding: The application does not indicate whether on-site lighting is proposed for the project Condition 14: Priorlo Final Site Plan approval, the applicant shall indicate on the plan set whether on- site lighting is proposed,or not All outdoor lighting shall meet the illumination and height standards of SDC 4.5-110. ' Finding: As conditioned above, this application meets the requirements of SDC 4.5-100. Case No, DRC2008:00029 80116 .. ... Vehicle Parkina. Loadina. &'Bicvcle Parkina Standards Find!ng: SDC 4,6-125 states that a minimum of one off-street parking space is required for each 300 square feet of gross floor area for office-related secondary industrial uses, and one off-street parking space is required for each 600 square feet of gross floor area for warehouse commercial sales uses. Finding: With 2,800 square feet of gross floor area for office-related secondary industrial uses and 14,480 square feet of gross floor area for warehouse commercial sales uses, a total of 33 off-street parking spaces are required for this site. The application indicates that the applicant calculated the required parking based on warehousing associated with manufacture, assembly, and other primary industrial uses and thus only proposed a total of 25 spaces. However, the proposed use of the site for rental of construction equipment to building contractors and the general public is not a primary industrial warehousing use. Therefore, the parking requirement for warehouse commercial applies to this site. Finding: SDC 4.6-110 A.3. states that the Director may authorize a reduction in the number of required parking spaces without a variance for one of the situations listed in SDC 4.6-110 A.3.a. through c. In addition, SDC 4.6-125 C. outlines possible special parking provisions for industrial districts. . Condition 15: Prior to Final Site Plan approval, either vehicle parking shall be provided in accordance with the numerical standards of SDC 4.6-125 or the applicant shall provide evidence, to the satisfaction of the City, that the site meets one of the vehicle parking exceptions outlined in SDC 4.6-110 A.3. or SDC 4.6-125 C. . Finding: A majority of the parking spaces serving the existing building on Tax Lot 6401 are proposed to be located on Tax Lot 6400. While both lots are currently under the same ownership, an access easement is needed to ensure adequate parking for the warehouse facility can be provided in the event that ownership changes. ' , . eondition 16: Prior to Final Site Plan approval, the applicant shall record arid document on the Site Plan an Irrevocable joint-use and access easement for the portion of the development area on Tax Lot 6400 that benefits Tax Lot 6401. Finding: SDC 4.6-145 states that the required minimum number of bicycle parking spaces for each principal use is three spaces and that specific requirements per use are given in SDC 4.6-155. The principal use of the site. is warehouse commercial. SDC 4.6-155 states that a minimum of one bicycle parking space is required for every 6,000 square feet of floor area for' warehouse commercial use. Finding: With 17,280 square feet of floor area for warehouse commercial use, a minimum of three bicycle parking spaces are required for this site. As with the vehicle parking calculations, the applicant used primary industrial numerical standards and thus proposed six long-term bicycle parking spaces to meet the bicycle parking requirements for the site. Condition 17: Prior to occupancy, the applicant shall install bicycle parking on the site as approved on the Final Site Plan. Finding: As conditioned above, this application meets the requirements of SDC 4.6-100. Drinkina Water Protection fDWPI Overlav District Finding: SDC 3.3-220 A. states that the DWP Overlay District includes four time of travel zones (TOTl), the zero to one year, one to five year, five to ten year, and ten to twenty year TOTl, and that the locations of the TOTl for each wellhead are shown on Drinking Water Protection Area Maps on file with the City. . Finding: The subject property is located within the one to five year TOTl for the SP wellhead. Case No, DRC2008,00029 90116 '" - Finding: SDC 3.3-225 B. states that prior to submittal. of a DWP Overlay District Development application, an exemption request may be submitted to the Director as specified in SDC 3.3-230 B.1. Finding: The applicant submitted a request for exemption from submitting a DWP Overlay District Development application for the new development, and the exemption was granted in coordination with SUB. Finding: SDC 3.3-230 A. states that if the Director, in consultation with SUB and the Fire and Life Safety Department, determines that a hazardous material, activity, andlor facility that is exempt pursuant to SD9 3.3-200 has a significant or substantial potential ,to degrade groundwater quality that the Director may require compliance with the requirements oftne SDC related to that hazardous material, activity, or facility. Finding: SDC 3.3-240 states that the Director may attach conditions of approval that will minimize negative impacts of regulated substances on groundwater and ensure that the facility or the propOsed development can fully meet the standards specified in SDC 3.3-235. These conditions may include, but are. not limited to: on-site monitoring wells,. Wellhead Protection Area signs, special stormwater facilities, or other conditions to address specific' risks associated with the proposed'development. Condition 18: 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 sua Water Quality Protection Coordinator at 541'- 744-3745 with any questioris regarding evaluating products for DNAPLs. In addition, a copy of the' MSDSs for.all hazardous materials used on-site shall remain on the site as required by law. Condition 19: . All uses of Dense Non-Aqueous Phase Liquids (DNAPLs) are prohibited during , construction and operations of the proposed development. . eondition 20: During site development, contractors and developers shall be responsible for the safe handling and storage of chemicals, petroleum products, and fertilizers, as well as the 'prevention of groundwater and stormwater runoff contamination. Hazardous materials used during construction, including paint and cleaning materialslwaste, shall not enter the soil or be washed into the stormwater system. All hazardous materials shall be stored in adequate secondary containment. . Condition 21: 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. Condition 22: No fill materials containing hazardous materials shall be used on the subject property. ' eondition 23: Pri9r 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. Finding: The applicant has proposed installing two wellhead protection signs, one on the east end of the drainage ditch and one adjacent to the westernmost driveway. Condition 24: Prior to Final Site Plan approval, t~mporary 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 tQ 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. Case No, DRC2008,00029 100116 .. ... Finding: As conditioned above, this application meets the requirements ofSDC 3.3-200. . Mid,SDrinafield Refinement Plan Finding: The DRC reviewed the application with respect to the Refinement Plan and concluded that the policies of that plan applicable to the'application have been met 'through the land use approval process. . eonclusion: This application satisfies Criterion 3 (SDC 5.17-125 C.) ~s conditioned herein. Criterion 41SDC 5.17-125 D.~ Parking areas and ingress-egress points have been designed to: facilitate vehicular traffic, bicycle and pedestrian' safety to avoid congestion; provide connectivity within the development area and to adjacent' residential areas, transit stops, neighborhood activity centers, and commercial, industrial and public areas; minimize driveways on arterial and collector streets as specified in this Code or other applicable regulations and comply with the ODOT access management standards for State highways. Finding: The DRC, including representatives from the City's Public Works Department, reviewed the application, and their comments have been incorporated into the findings and conditions below. Finding: 'Installation of driveways on a street increases the number of traffic conflict points. The greater number of conflict points increases the probability of traffic crashes. Therefore, SDC 4.2-120 A.1. states that all developed parcels shall have an approved access to a public street or alley along the frontage of the prope'rty,a private street that connects to the public street system, or a pUblic street by an irrevocable joint uselaccess easement serving the subject property. Finding: SDC 4.2-120 C. states that driveways shall be designed to allow safe and efficient vehicular ingress and egress as specified in Tables 4.2-2 through 4.2-5, the City's EDSPM, and the Public Works Standard Construction Specifications. According to Table 4.2-2, industrial uses must conform to a two- way driveway minimum and maximum of 24 feet and 35 feet, respectively. Finding: The applicant has proposed accessing the subject property via two, two-way 35-foot wide asphalt-paved driveways onto Kathryn Avenue near the east and west property lines of tax'lot 6401. Finding: This application meets the requirements of SDC 4.2-120 A.1. and SDC 4.2-120 C. Finding: SDC 4.2-130 A. states that pa'rcels shall maintain a clear area at each access to a public street and on each corner of property at the intersection of two streets in order to provide adequate sight distance for approaching traffic. . Finding: SDC 4.2-130 B. states that no screen or other physical obstruction is permitted between two and ,a half feet and eight feet above the established height of the curb in the triangular area. SDC 4.2- 130 C. states that the triangular area for driveways is ten feet along each property line. Finding: The application indicates that a wellhead protection sign is proposed within the eastern vision clearance area for the westernmost driveway. In addition, a tree is proposed within the eastern vision clearance area of the easternmost driveway. eondition 25: Prior to Final Site Plan approval, the applicant shall re-Iocate the wellhead protection sign and tree that fall within vision clearance areas. In addition, vision clearance areas shall be maintained at each access to a public street and on the corner of the property at the intersection of Kathryn Avenue.and 35th Street as per S[)C 4.2-130. Finding: As conditioned above, this application meets the requirements of SDC 4.2-130. Conclusion: This application satisfies Criterion 4 (SDC 5.17-125 D.) as conditioned herein. Case No, DRC2008,00029 11 of 16 ", - Criterion 5 ISDC 5.17-125 E.) . Physical features, including, but not limited to: steep slopes with unstable soil or geologic condit(ons; . areas with susceptibility of flooding; significant clusters of trees and shrubs; watercourses shown on the WQLW Map and their associated riparian areas; wetlands; rock outcroppings; 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. Finding: The Metro Plan and any applicable refinement plans, Water Quality Limited Watercourses Map, State Designated Wetlands Map, Hydric Soils Map, Natural Resources Map, Wellhead Protection Zone Map, FEMA Maps, Willamalane Park and Recreation Comprehensive Plan, and the list of Historic Landmark sites have been consulted, and there are no features needing to be protected or preserved on the subject property. Finding: If any historic or archaeological artifacts are discovered during construction, ORS 97.740- 760, 358.905-955, and ORS 390.235-240 may apply. If any human remains are discovered during construction; it is a Class C felony to proceed under ORS 97.745, . eonclusion: This application satisfies Criterion 5 (SDC 5.17-125 E.). SUMMARY OF CONDITIONS OF APPROVAL NOTE: This summary of ttie conditions of approval is provided as a courtesy 'to the applicant. The applicant should, however, carefully read the decision in its entirety to understand the basis for each condition. In addition, as stated earlier, the applicant must comply with the entire decision, and the Final. Site Plan, including the landscape plan, as well as building plans, site development, .and the installation- of public and private improvements, must conform to the approved site plan or as conditioned herein. . X Prior to Final Site Plan approval, the applicant shall execute. and record an Improvement Agreement for Kathryn Avenue for paving, curb, gutter, sidewalk, street trees, street lighting, and storm sewer. ./2. Prior to Occupancy, two Sargent Cherry and five Green Vase Zelkova street trees (or other approved street tree from the List of Acceptable Street Treesfor four to six-foot wide planter strips as listed in the EDSPM) of at least two inches in caliper shall be planted in the front and side yard parking and driveway setbacks of the site as proposed ori the Site Plan. New street . trees shall be installed as specified in the SDC and EDSPM. All tree nursery tags identifying the type of street tree shall remain on the streettrees until Final Site Inspection approval. ..3/ Prior to occupancy, the applicant shall install the proposed stormwater ~anagement system as depicted on the Site Plan. NOTE: Plumbing permits are required to install private stormwater laterals. . J -4. Prior to occupancy, the proposed swale 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 theswale becomes fully established. . J -5. Prior to Final Site Plan approval, the applicant shall record the proposed private joint-use . / stormwater easement and maintenance agreement. -6. Prior to Final Site Plan approval, the applicant shall correctly identify the type and location of existing electric service to the property on the Site Plan. Case No, DRC2008,Q0029 12 of 16 .. ... / ~7, Prior to Final Site Plan approval, the applicant shall correctly identify the overhead utility line serving the site from a utility pole in the right-of-way south of the property on the Site Plan. In addition, prior to occupancy, all utility lines serving the site shall be placed underground. ) ,,8. Prior to Final Site Plan approval, the applicant shall record a seven-foot PUE along the Kathryn Street frontage of both tax lots of the subject site. / ~9. Prior to Final Site Plan approval, the applicant shall adjust the number of proposed trees in'the parking and driveway setback areas to comply with the numerical standards outlined in SDC 4.4-105 F. . ..-/ -10. Prior to Final Site Plan approval, the applicant shall provide the required landscaped street side yard parking and driveway setback'on the west side of the proposed parking lot in conformance with SDC 4.4-105. The required planting for this area shall meet the parking and driveway setback landscaping standards outlined in SDC 4.4-105 F. The applicant may locate the required five-foot landscaped planting area along the frontage of 35th Street instead of adjacent to the actual parking lot to enable possible,future expansion of the parking lot if so desired. _H/Prior to Final Site Plan approval, the applicant shall provide the required landscaped street side yard outdoor storage setback on the west side of the fence for the proposed outdoor storage area in conformance with SDC 4.4-105. The required planting for this area shall meet the planting requirements outlined inSDC 4.4-105 E. Lawn may not be substituted for trees or shrubbery because this setback is required for screening as per SDC 4.4-110 B.3.d. The applicant may locate the required five-foot landscaped planting strip along the frontage of 35th Street instead of adjacent to the outdoor storage fence to enable possible future expansion of the storage area if so desired. .,.-12~rior to Final Site Plan approval, the applicant shall change the proposed new fence on the west and south perimeters of the storage yard to meet the SDC requirements for a non-metallic and subtle-colored fence (i.e. wood or plastic coated slatted chain link). -1~. Prior 'to Final Site Plan approval, the applicant shall indicate the location of the garbagelrecycling area on the plan ,set. The trashlrecycling area shall meet all applicable screening and stormwater management requirements of the SDC and EDSPM. '1{ Prior to Final Site Plan approval, the applicant shall indicate on the plan set whether on-site lighting is proposed or not. All outdoor lighting shall meet the illumination and height standards of SDC 4.5-110. / '1'5. Prior to Final Site Plan approval, either vehicle parking shall be provided in accordance with the numerical standards of SDC 4.6-125 or the applicant shall provide evidence, to the satisfaction of the City, thai the site meets one of the vehicle parking exceptions outlined in SDC 4.6-110 A.3. or SDC 4.6-125 C. . / ~16. Prior to Final Site Plan approval, the applicant shall record and document on the Site Plan an irrevocable joint-use and access easement for the portion of the development area on Tax Lot . 6400 that benefits Tax Lot 6401. >-1.7,Prior to occupancy, the applicant shall install bicycle parking on the site as approved on the Final Site Plan. d8/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 Case No. DRC2008,00029 13 of 16 ". - DNAPLs. The applicant's engineer may contact the SUB Water Quality Protection Coordinator at 541-744-3745 with any questions regarding evaluating products for DNAPLs. In addition, a copy. of the MSDSs for all hazardous materials used on-site shall remain on the site'as required by law. / 19. All uses of Dense Non-Aqueous Phase Liquids (DNAPLs) are prohibited during construction and operations of the proposed development. ~O:During site development, contractors and developers shall be responsible for the safe handling and storage of chemicals, petroleum products, and fertilizers, as well as the prevention of groundwater and stormwater runoff contamination. Hazardous materials used during construction, including paint and cleaning materialslwaste, shall not enter the soil or be washed into the stormwater system. All hazardous materials shall be stored in adequate secondary . containment. ,/ 21. 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 e'quipment. Such an area shall be prepared and maintained to prevent spills or leaks from migrating to the soil or stormwater system. / 2-2. No fill materials containing hazardous materials shall be used on the subject property. ,.231.rior to oc~upancy, 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 porc;>us planting media into the bioswales. "-. 24. Prior to Final Site Plan approval, temporary wellhead protection signage in conformance. with SUB standards shall be placed ori the site to aiert 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. / . . '25. Prior to Final Site Plan approval, the applicant shall re-Iocate the wellhead protection sign and tree that fall within vision clearance areas. In addition, vision clearance areas shall be maintained at each access to a public street and' on the corner of the property at the intersection of Kathryn Avenue and 35'h Street as per SDC 4.2-130. CONCLUSION The application, as submitted.and conditioned herein, complies with the five criteria listed in SDC 5.17- 125 A. through E. The site plan approved as submitted and conditioned herein may not be substantively changed. Any changes to the approved site plan must be approved through the Site Plan Modification application process in accordance with SDC 5.17-145. . WHAT NEEOS TO BE DONE? Final Site Plan SDC 5.17-135 A. states that within 90 days of an affirmative site plan review decision, a complete Final Site Plan shall be submitted to the Development Services Department. Therefore; the applicant has until 5:00pm on August 31,2008 to meet the SDC standards and the conditions of approval contained herein and to submit a Final Site Plan application. Please refer to the Final Site Plan application packet available at the Development Services Department for more detailed information on the Final Site Plan application submittal requirements and review process. Case No. DRC200B,00029 14 of 16 ... - Please note that the Final Site Plan, including the landscape plan, as well as building plans, site . development, and the installation of public and private improvements, must conform to the approved site plan or as conditioned herein. Therefore, the applicant may, at hislher own risk, submit construction or building plans. However, all concurrent submittals are subject to revision for compliance with the final site plan. A Development Agreement will not be issued until all plans submitted by the applicant have been revised, Conflicting plans cause delays. Develooment Aareement SDC 5.17-140 states that to complete the Site Plan Review process, a Development Agreement shall be prepared by the Director to be signed by the applicant. The purpose of the Development Agreement is to ensure that the terms and conditions of Site Plan Review approval are understood and binding upon both the applicant and the City. The Development Agreement and Final Site Plan approval are valid for two years from the date the Development Agreement is signed. If construction does not begin within this timeline, both the Final Site Plan and the Development Agreement shall become null and void. However, one extension, not to exceed one year may be granted by the Director upon receipt of a written request by 'the applicant, including an explanation of the delay. Please note that building permits will not be issued until the Development Agreement is signed by the applicant. Furthermore, no building or structure shall be occupied until all improvements are made as specified in 5.17-100. Final Site Insoection SDC 5.17-140 D. states that upon completion of site development, the City shall conduct a Final Site Inspection. Please call the Planner to schedule the Final Site Inspection. Upon satisfactory Final Site Inspection, final building inspections may occur, public facilities and services may be provided, and a Certificate of Occupancy can be issued. ADDITIONAL INFORMATION The application, all documents, and supporting evidence are available for free inspection (copies are available for a fee) at the Development Services Department. APPEAL This decision is considered a Director's Type'lI decision and as such, may be appealed to the Planning Commission. SDC 5.3-115 states that only the property owner, applicant, if different, and those persons who submitted written comments within the 14-day comment period. have standing to appeal this decision. SDC 5.3-115 also states that an appeal application in accordance with 5.3-100 shall be filed with the Development Services Department within 15 calendar days of the Director's decision (the date of this decision). In accordance with this policy and the Oregon Rules of Civil Procedures, Rule 10(c), the appeal period for this decision expires at 5:00pm on June 17, 2008. QUESTIONS Please call Molly Markarian in the Development Services Department Planning Division at 726-4611 or email heratmmarkarian@ci.springfield.or.usif you have any questions. PREPARED BY. Molly Markarian Planner II Urban Planning Section , Case No, DRC2008,00029 . 15 of 16 APPENDIX A ", .- '.. --_'_--~'~"'~---j--~-"~~~1o -~~-----~.---------- r-:;- '1 .~ 'lo '. l-~ 1. .__.....,~ -""~~,.----.,-- '" "-.-( 1..":",_4..,,," ..... ----...-......--- -- - 15.~~ ' 'F- ~.}., ... '<. .'~"""b-_ .....'1) " ;;.,,@.,---. ,. ~~-,---__________C_______--, -,--------- I I. "-"'... 1)( I "'\-~.. [I'~ I ','''''~'} k . I II I 1,'\ r-...... \1 I il/,/: II!. i ,Iii I!~ , J I ' .11 . , ' " I " 1....-1 ~ I ~. I I .'It .1 I I' , . I '~: , , ".~. '---V'---V-'1' '1'~ .. If...... /;. 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CITY OF SPRINGFIELD DEVELOPMENTSERVICES DEPARTMENT 225 5th ST SPRINGFIELD, OR 97477 --,....- -' - ~ ..-.--.---.----.. Scott Carver 1993 Misty Meadow Drive Folsom, CA 95630 {~tv11VAlV(:.~L:.!8 I ",-,.-