HomeMy WebLinkAboutNotice PLANNER 9/5/2007
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AFFIDAVIT OF SERVIC~
srATE OF OREGON.)
) ss. .
County of Lane )
I. Karen LaFleur, being first duly sworn, do hereby depose and say as f?lIows:
1. I state that I am a Program Technician for the Planning Division o.f the
. 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 1:>R.C-ZCOI- D6052. 1\6tLU A Q~<i.~',';'" - A-d=t- I'lUM.<h. /U.4>d.....
(See. attachment "A") on .0,,/6 ' 2007-addressed to (see u.>"{';; ~'-a
Attachment S"l, by causing said . letters to be. placed in a U.S. mail box with . ~.
postage fully prepaid thereon.
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KARE LaFLEUR
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STATE OF OREGON, County of Lane
/l, ^tr~ t.j 1-1--,2007. Personally appeared the.above named Karen LaFleur,
~:chnician, who acknowledged the foregoing instrument to be their voluntary act.
Before me: .
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BRENDA JONES
j \ ... . NOTARY PUBLIC. OREGON
I COMMISSION NO. 319218
I, MY COMMISSION EXPIRES MAY 21, 2008
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My Commission
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Notice of Decision - Site Plan Modification Minor - Type I
Project Name: Williams Bakery Fuel Station
Project Proposal: Modifications to the approved site plan: Install. fuel station for fueling
. bakery delivery trucks. Proposes 885 sq. ft. of new impervious surfaces.
Case Number: DRC 2007-00052
Project Location: 2000 Nugget Way, Assessor's Map 18-03-03-11 TL 1100, 1200, 3600, .
3800, 3900, 4000 and 18-03-03-12 TL 700
Zoning: Light Medium Industrial (LMI)
Refinement Plan and Designation: Glenwood - LMI
Density: NA
Pre-Submittal Meeting Date: PRE 2007-00039
Application Submitted Date: August 2, 2007.
Decision Issued Date: September 5, 2007
Recommendation: Approval with Conditions
Associated Applications: Site Plan DRC2005-00029 as modified in DRC 2005-00071
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I POSIT/ON
Planner II
Transportation Planning Engineer
Public Works Civil Engineer
REVIEW OF
Land Use Planning
Transportation
Utilities, Sanitary & Storm
Sewer
Fire and Life Safety
Building
NAME
Linda Pauly
Gary McKenney
Eric Walter .
PHONE
726-4608
726-4585
736-1034
I Deputy Fire Marshall
I Community Services Manager
Gilbert Gordon
Dave Puent
726-2293
726-3668
Aoolicant
Tommy Moreno
Williams Bakery
340 NE II'" Ave.
Portland OR 97232
Prooertv Owner
United States Bakery
340 NE II'" Ave.
Portland, OR 97232
Aoolicant's Reoresentative
Warren Jacobsen
PN E Corporation
1081 Columbia Boulevard
Longview, WA 98632
Site Plan Modification - Minor
ORC 2007-00052
-'
DESCRIPTION OF PROPOSAL:
An application for Site Plan Review Modification - Minor was submitted to the Springfield
Planning Division on August 2, 2007 requesting approval to modify the previously approved Site
Plan (DRC2005-00029). The applicant proposes to construct a fueling station for bakery
delivery trucks in the northern portion of the Williams Bakery site. The proposed construction
is within the existing paved driveway south of 19th Avenue.
DECISION: Site Plan Modification Approval with conditions, as of the date of this
letter. This is a ministerial decision by the Director made according to cirY code and state
statute and is the final decision of the City. Please read this document carefully. The standards
of the Springfield Development Code (SDC) applicable to each criterion of Site Plan Approval.
are listed herein and are satisfied by the submitted plans and notes unless specifically noted with
findings and conditions necessary for compliance. Final Site Plans must be in conformance with
the: tentative site olan as conditioned. Buildina olans and site dev~loDment must conform to the.
Final Site Plan. ADD roved Final Site Plans (includino Landscaoe Plans) shall not be substantivelv
chan\."Jed durin~ Buildin~ Permit Review without an aooroved Site Plan Modification Decision..
OTHER USES THAT MAY .BE AUTHORIZED BY THE DEc'JSION: . None. The
proposed primary use' is permitted in accordance with SDC 20.020. Final Site Plan, Building
Plans and site development must conform to this decision. Uses permitted in the.zone but not
listed on the applications require additional review and permits.
REVIEW PROCESS: This application is reviewed under Type I procedures listed in SDC
3.070, and Site Plan criteria of approval, SDC 31.050. The application was accepted as complete
on August 2, 2007 and contained all information required to begin the Type I Site Plan Review
Modification process in accordance with SDC 3.050 and 31.050.
ZONING: The property is surrounded by LMI-zoned land.
SITE INFORMATION:
Location of Proposed
Fuel Station
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Site Plan Modifications
SDC31.100
SDC 31, I 00 (I) states: The Site Plan Modification process establishes procedures to
allow certain adjustments to an approved Site Plan, either after Preliminary
Approval or after Final Approval. This process shall assure that any proposed Site
Plan Modification continues to comply with Section 31.060 of this Article.
Site Plan Modification - Minor
ORC 2007-00052
2
SDC 31.100 (3)(a) states: A Minor Site Plan Modification application shall be evaluated
under the Type I review process. The applications shall be reviewed based on a
particular standard as specified in this Code that does not involve a Type II or Type
III Variance; e.g. a modification in the location or type of required landscaping or an
insignificant change in the number and/or layout of parking spaces.
Finding: The proposed modifications to the Site Plan do not require a Type II or III variance
from a particular Code standard, therefore the modification is ,processed as a Type I Minor Site
Plan Modification, in accordance with'SDC 31.100 (3)(a).
Site Plan Modifications - Criteria of Approval
SDC 31.100 (4)
The Site Plan Modification process establishes procedures to allow. certain adjustments to an
approved Site Plan, either after Preliminary Approval or after final Approval as specified in
Section 31.090. of this Article. This process shall assure that any proposed Site Plan Modification
continues to comply with Section 31.060 of this Article. . ' .
SDC 31.100 (4) states: The criteria of approval for a Site Plan Modification application
shall be in compliance with the applicable standard and/or criteria of approval
specified in Section 31.160 of this Article.
SDC 31.060 CRITERIA OF SITE PLAN APPROVAL states: The Director' shall app~ove, or
approve with conditions, a Type II Site Plan Review Application upon determining
that criteria (I) through (5) of this Section have been'satisfied. If conditions cannot
be attached to satisfy the criteria, the Director shall deny the application.
Conformance with the Eugene-Springfield Metro Area General Plan, Springfield Development Code
Article 31- Site Plan Review Standards, Article 32- Public and Private Improvements, Article 20-
'Industrial Zoning District, and the G/enwood Refinement Plan were required for approval of the
applicant's Site Plan Modification. This Site Plan Modification review and approval is limited to
the revisions graphically depicted in the applicant's revised plans and as described herein. All
other improvements must be constructed in conformance with the Notice of Decision for Case
Number DRC 2005-00030, modifications approved in Site Plan Modification DRC 2005-00071
and the approved Final Site Plan and modification plans. '
I (I) The zoning is consiste. nt with the Metro Plan diagram, and/or the applicable
Refinement PIon diagram, Plan District map, and Conceptual Development Plan.
Conclusion:' The propos~d modifications do not affect zoning. Criterion I is satisfied.
. .
(2) Capacity requirements of public improvements, including but not limited to water
and electricity; sanitary sewer and stormwater management facilities; and streets and
traffic safety controls shall not be exceeded and the public improvements shall be
available to serve the site at the time of development, unless otherwise provided for by
this Code and other applicable regulations. The Public Works Director or a ~tility
provider shall determine capacity issues.
Site Plan Modification - Minor
ORC 2007-00052
3
(3) The proposed development shall comply with all applicable public and private
,design and construction standards contained in this Code and other applicable
regulations.
Finding: All public and private site improvements are required to be designed in conformance
with City codes, this decision, and the current Engineering Design Standards Manual. The
applicant's civil engineer shall also be required to provide construction inspection services.
Finding: The Public Works Director's representatives have reviewed the proposed site plan.
City staffs review comments have been incorporated in findings and conditions contained
herein.
Finding: Criteria 2 and 3 contain different elements with sub-elements and applicable code
standards. The site plan application as submitted complies with the code standards listed under
each sub-element unless otherwise noted with specific findings and conclusions. The elements,
sub-elements and code standards of Criteria 2 and 3 include but are not limited to:
Public and Private Improvements in accordance with SDC 31 and 32:
. Public Street and Related Improvements - SDC 32.020-32.090
. Sanitary Sewer Improvements - SDC 32.100
. Storm Water Management and Quality - SDC 32.110 and SDC 31.240
. Utilities - SDC 32.120 (I) and (2)
. Fire and Life.Safety Improvements - SDC 32.120(3)
. Public and Private Easements - SDC 32.120( I) and (5)
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Conformance with the standards of SDC Article 31, Site Pla~ 'Review, and
Article 20, lridustrial Zoning Districts: ..1
. Permitted Uses - SDC 20.020
. Lot Size and Setback Standards - SDC 20.030
. Height Standards - SDC 20.060
. Off-Street Parking Standards - SDC 20.070 and SDC 31.170-230
. Fence Standards - SDC 20.090, SDC 16.090,
. Landscaping Standards - SDC 31.130-150
. Screening and Lighting - SDC 31.160
. . Parking Standards - SDC 3 I. 170 - 230
. Water Quality Protection - SDC 3 1.240
Finding: The Development Review Committee reviewed the proposed site plan modifications
and the surrounding public services. Except as noted and conditioned, the proposed public and
private improvements are sufficient to, serve the proposed development. /
STORM WATER MANAGEMENT- sDC ]2.11 0
WATER QUALITY PROTECTION SDC ] 1.240
.SDC 32.110 (2) requires that the Approval Authority shall grant development approval only
where adequate public and/or private stormwater management systems provisions have been
made as determined by the Public Works Director, consistent with the Engineering Design
Standards and Procedures Manual (EDsPM).
Site Plan Modificatian - Minor
ORC 2007-00052
4
Finding: Under Federal regulation of the Clean Water Act (CW A), Endangered Species Act
(ESA), and National Pollutant Discharge Elimination System (NPDES), the City of Springfield is
required to obtain, and has applied for, a Municipal Separate Storm Sewer System (MS4) permit.
A provision of this permit requires the City demonstrate efforts to reduce the pollytion in
urban stormwater to the Maximum Extent Practicable (MEP).
Finding: Federal and Oregon Department of Environmental Quality (ODEQ) rules require the -
City's MS4plan address six "Minimum Control Measures." Minimum Control Measure 5, "Post-
Construction Stormwater Management for New Development and Redevelopment," applies to
the proposed development.
Finding: Minimum Control Measure 5 requires the City of Springfield to develop, implement
and enforce a program to ensure the reduction of pollutants in stormwater runoff to the MEP.
The City must also develop and implement' strategies that include a combination of structural or
non-structural Best Management Practices (BMPs) appr?priated for ~he community.
Finding: Minimum Control Measure 5 requires the City of Springfield use an ordinance or
()ther regulatory m~~hanism to address post construction runoff from new and re-development
projects to the extent allowable"under State law. Regulatory'mechanisms used by'the City
include the Springfield Development Code (SDC), the City's Engineering Design Standards and
Procedures Manual (EDSPM) and the future Stormwater Facilities Master Plan (SFMP).
Finding: As required in Section 31.050 (5) of the SDC, "a development shall be required to
employ drainage management practices approved by the Public Works Director and consistent'
with Metro Plan policies and the Engineering Design Standards and Procedures Manu.oI."
Finding: Section 3.02 of the City's EDSPM states the Pubic Works Department will accept, as
interim design standards for stormwater quality, water quality facilities designed pursuant to the
policies and procedures of either the City of Portland (BES), or the Clean Water Services.
(CWS).
The Portland Starmwater Management Manual Section 4.2, item 3. Drainage: states:
"The paved area beneath the cover shall be hydraulically.isolated through grading,
berms, or drains. This will prevent uncontaminated storm water from running onto the
area and carrying pollutants away. .Drainagefrom the hydraulically isolated area shall
be directed to an approved City sanitary sewer or authorized pretreatment facility".
Finding: The applicant's plans propose to directstormwater from the fueling station into two
catch basins which are routed to an oil-water separator and into an existing 10-inch stormwater
. pipe that discharges to the existing vegetated water quality swale. This drainage plan does not
meet City standards.
Finding: The City Engineer's authorized representative finds that the proposed modifications
do not meet the criterion at SDC 31.060 (3). SDC 32.110 (2) has not been met.
Condition I: As required by SDC 32.110 (2), the Final Site Plan shall provide a stormwater
drainage plan for the fuel station which is designed in accordance with the Portland Starmwater
Management Manual Section 4.2, item 3. Drainage. The paved area beneath the cover shall be
hydraulically isolated through grading, berms, or drains to prevent uncontaminated storm water
S;{e Plan ~odi(1cation - Minor
ORC 2007.00052
5
from running onto the area and carrying pollutants away. Drainage from the hydraulically
isolated area shall be directed to an approved City sanitary sewer.
. Conclusion: As conditioned, the proposed modifications provide Public and Private
Improvements in accordance with SDC 31 and 32 and are in conformance with the standards of
SDC Article 31, Site Plan Review, and Article 20, Industrial Zoning Districts.
Conformance with Applicable Overlay Districts and Refinement Plan Requirements
. Glenwood Refinement Plan
Finding: The modifications do not conflict with any applicable Glenwood Refinement Plan
policies.
Conclusion: As conditioned. Criteria 2 and 3 are satisfied.
(4) 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, industria{and public areas; minimize curb cuts on arterial and'
collector streets as specified in this Code or other applicable regulations and comply with
, the ODOr access management standards for state highways.
. TRAFFIC SAFETY
Finding: The proposed modifications do not adversely affect parking areas and ingress-egress
points.
Conclusion: The proposed on-site modifications do not affect streets, traffic safety or
availability of public improvements. Criterion 4 is satisfied. .
(5) Physical features, including, but not limited to significant clusters of trees and shrubs,
watercourses shown on the Water Quality Limited Watercourse Map and their
associated riparian areas, wetlands, rock outcroppings and historic features have been
evaluated and protected as specified in this Code or other applicable regulations.
The Natural Resources Study, the National Wetlands Inventory, the Springfield Wetland
Inventory Map. the Water Quality Limited Waterways Map, applicable refinement plans. the
Wellhead Protection Overlay District Map and the list of Historic Landmark Sites have been
consulted.
Conclusion: The proposed modifications satisfy Criterion 5.
CONCLUSION: The proposed modification to the approved Site Plan, as submitted and
conditioned, is in conformance with the applicable Criteria 1-5 of SDC 31.060,
SDC 31.100 (5) states: The Director may require conditions of approval as specified in
Section 31.070 of this Article.
CONDITIONS OF APPROVAL:
Condition I: As required by SDC 32, II 0 (2), the Final Site Plan sh~1I provide a stormwater
drainage plan fonhe fuel station which is designed in acc<;>rdance with the Portland Stormwater
Site Plan Modification - Minor'
ORC 2007-00052
6
Management Manual Section 4.2, item 3. Drainage. The paved area beneath the cover shall be
hydraulically isolated through grading, berms, or drains to prevent. uncontaminated storm water
from running onto the area and carrying pollutants away. Drainage from the hydraulically
isolated area shall be directed to an approved City sanitary sewer.
WHAT NEEDS TO BE DONE BY THE APPLICANT TO OBTAIN FINAL SITE
PLAN MODIFICATION APPROVAL?
FINAL SITE PLAN MODIFICATION: Five copies of the Final Site Plan Modification and
any additional required plans, documents or information are required to be submitted to the
Planning Division within 90 days of the .date of this letter.
This decision is based on the submitted Tentative Site Plan Modification, The Final
Site Plan must show conformity with the Tentative Site Plan Modification,
compliance with SDC Article 3 I Criteria of Approval 1-5, and the conditions of
. approval.. The Final Site Plan shall become null and void if construction has not begun within
two years of Final Site Plan approval, i.e. the signing of. a Development Agreement. A single one-
year extension may be granted by the Director upon receipt of a written request by the
applicant including an explanation of the delay. Work under prpgress shall not be subject t()
Development Approval expir~tion. . .
SITE PLAN MODIFICATION DEVELOPMENT AGREEMENT: In order to complete
the review process, a Development Agreement is required to ensure that the terms and
conditions of site plan review are binding. upon both the applicant and the City. This agreement
will be prepared by Staff upon approval of the Final Site Plan Modification and must be signed by
the property owner prior to the issuance of a building permit. A Building Permit shall be issued
by the Building Official only after the Development Agreement has been signed by the applicant
and the Director. No building or structure shall be occupied until all improvements are made in
accordance with this Article, except as specified in Section 31.110, Security and Assurances.
Upon satisfactory completion of site development, as determined by a Final Site Inspection
(prior to the final building inspection), the City shall authorize the provision of public facilities
and services and issue a Certificate of Occupancy. Please contact the Planner to schedule the
Final Site inspection to avoid delays:
NOTE: A Land Drainage and Alteration Permit may be required for this development. The
applicant shall not commence any construction activities on the site without an approved Land
Drainage and Alteration Permit approved by City Public Works Department.
ADDITIONAL INFORMATION; The application, all documents, and evidence relied upon
by the applicant, and the. applicable criteria of approval ar~ availab.le for free inspection and
copies are available at a cost of $0.75 for the' first page and $0.50 for each additional page at the
Development Services Department, 225 Fifth Street, Springfield, Oregon.
QUESTIONS:
Please contact Linda Pauly at the City of Springfield Urban Planning Division if you have
questions regarding this process.
PREPARED BY:
Linda Pauly
Planner III, 726-4608
Site, Plan Modification - Minor
DRC 2007.00052
7
225 FIFTH- S-TREET' ...-...
SPRJNGFlE[O, OR 97477
DEVELOPMENT SERVICES
PLANNING DEPARTMENT
225 FIFTH STREET
SPRINGFIELD, OR 97477
PLANNING DEPARTMENT
225 FIFTH STREET
SPRINGFIELD. OR 97477
,--- ....
Tonnny Moreno
Williams Bakery
340 NE 11th Avenue
Portland, OR 97232
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United States Baker,
340 NE 11 th Ave
Portland, OR 97232
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Warren Jacobsen
PNE Corporation
1081 Columbia Bvld
Langview, WA 98632
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