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HomeMy WebLinkAboutNotice PLANNER 6/7/2007 . "," \ :. ,'. : > i~,:\'j'.,~c,. . ... '."',;.." ..':" .' , 'f'-' ::;,"'..,: .." ,;; " '.0:.."' ", .' ~ ...., .- :':, ,~"""'~'~")":' , ' ,-' ,.~': ' '". :.".~ . ", .: ": . ;~' '-.,. --.','. .", .. .' .' .::;. '~?,"1 : - . '". :;.::~~;.;'';: -" '~.' OJ: -,: P i-~;; ".'. .." ., " '., -. ';', ~. .t " ..;'- '4 ." ,1, " ':::'~'~f . " ~ " "'I" .... '.',/' .....' ,.'.,h , 'i' -. " " "1' '. - . ".. ." #, ...'" . -." , . ' .~ ~@~~m rn ~' ,'.,' J'&-i~c.>y:'l 'f.. 2:':5tJitl'i~," ',",,0". \ "c....-'. f. b.f, If/ , ~"PT ,,-. '\. " '1.,. ,.... ,.';"-'." " ,'-.. AFFIDAVIT OF SERVICE' , .. "' ".' /". ,'SrATE OF o'REGON )" ) ss. 'd: \-. .,"--'- ~~\.- ','''\'''-';;' .,/ ',i._' . .~ '" : .;,.,'--'. ..'J: '.. . . '.'~ , County, of Lane " " ',- ", '.....- '. ',' ;: . '.'., - .~. . , ' , , ...., .1, . _ ' , _,,' ," 1 . '." ,.... . . , ' .' I. Ka~en LaFleur. being first duly swo(n: do hereby depose and say as foIl9~s:,' ..c,--.,;'." '.' " .'.;1" .' .' ....- ':-' :,~" "." ,;-: ~ ..-:., \ . ,;.', \~' ,,,}. ,,-. ',' '.' .,'"i'.,.,,,. ..,_ l '_,. . -,'. "." .o' I 'stat'e that iam a' Program Technician :for the Planning' Division' of, tt,ij',,:' 'DevEllopment Service~ Department; City of Springfield, ,Oregon'. ' >:, , . ~ .' ." . . _":" r _ _. ',..,....:._ , "~:. "".. ',. . :,_ -:. ..; , ~ ~~-" . . ," , ~i.~ '. .:'~'- ". .,. ,;. '2. I state that inmycapacity,as"program'Technician. I prepared and caused to be ",:', ' , mailed copies of ''D~t:ZOO7-o00.2."l. '1i~' ~ P..(';~,:.......-~~ -'f~ ,', (See attachment.' nAn) on <"J'7 ,,20'67 addressed to (see ~ ", "::;~ Attachment Bn). by causing said ,',letters to be placed in,a U.S. mail box with postage: fuUy prepaiq thereon.' .. . . ,..'... "" :,," .~ . " "'.," .' ,~. ..... ,-", " "' "'. ~ " ,,/.- ,}';' '.'il .\" , , ~ '..:. '".- .' '" }", ,..' 'f'" , .' ". ',"'::" ,0'. .." ,'. . , ~' ~~~~o KA~~ LaFLEUR " " ,'0, ' .... ',S i. ' " ',." "', ,. '... " ,,' "', '-; " ST~ATEOF.~EGO'~'~~:~:Y7~:~::enaIlY appe~red the above named Karen LaFleur. Pr am Technician. who acknowledged the foregoing instrument to be their, voluntary act.' B re me: ' " " ~.{I.' 0" U<<wM')m P.JWJ .r /IH1..!'l.t7o'l Expires: f'."'---~--OF~~SEAL-- '11 ( SANDRA MARX . I ; NOTARY PUBLIC. OREGON, ' ," COMMISSION NO, 385725 :. 'j MY CO~M~~o~~~.c:v12~ 2~~ ~ .. ~~.-_...;-..-~'-:-~ -.,- My Commission <.: . ':. 1.-<" ',} " " .\ - , " SPRINGFIELD , , Notice of Decision - Site Plan Modification; Type II Project Name: Pacific Source Emergency Generator Project Proposal: Modifies the existing site plans to add a generator to an existing developed site. Case Number: DRC2007-00027 Project Location: The subject property is located at 110 International Way: Assessor's Map 17-03-15-21-40; Tax Lot 100 Zoning: Campus Industrial (CI) Overlay Districts: Drinking Water Protection Overlay, Flood Plain Overlay Applicable Refinement Plan and Designation: Gateway Metro Plan Designation: Campus Industrial (CI) Pre-Submittal Meeting Date: April 6, 2007 Application Submitted Date: April 20, 2007 Decision Issued Date: June 7, 2007 Recommendation: Approval Appeal Deadline Date: June 22, 2007 Associated Applications: Jo. No, :2002-03-95 (Site Plan); DRC 2007-00028 '(Drinking Water Protection Overlay District); SHR2007-00004 (Flood Plain Overlay District) ";:CITY0F.~eRIN~~~tf,E~'!8~OP/VlEf'J7}iRE~~~:EAM'~l~f!i!'fl';~~~~;)\:!I , I Land Use Planning Linda Pauly I 726-4608 I I Transportation Gary McKenney I 726,4585 Sanitary & Storm Sewer, Matt,Stouder 736-1035 Utilities & Easements Fire and Life Safety Building Gilbert Gordon Dave Puent 726-2293 I 726-3668 I POSITION L Planner II ' IT ransportation Planning Engineer I Public Work,S Engineering I Deputy Fire Marshall I Community Services Manager , ' AI?I?L1CANTlAPPLlCANJ'!S ".~,.-._,,',,- ".;.;:.-,, .- ,.,-""';4,'."..1.".,.....,'"--,, ...'.i"';;!<". " .'.". ,'-'~' ..' 'RE~RESEN7'A7J!yE'~?l0' John Bramwell Robertson Sherwood Architects PC 132 E. Broadway, Suite 540 Eugene, OR 9740 I ,p,ROp,ERTY OWNER~;i~:" ~~,~~' :_~~~\~., ~:~,;,}!;T~i:'~~~-;~~;~,~t~~",t~1~: Pacific Source Health Plans 110 International Way Springfield, OR 97477 Site Plan Modification ORe 2007,00027 DECISION: Tentative Site Plan Modification Approval, with conditions, as of the date of this letter: This is a limited land use decision made according to city code and state statute, Unless appealed, the decision is final. Please read this document carefully. The standards of the Springfield Development Code (SDC) applicable to each criterion of Site Plan Modification 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: Buildin~ olans and site develoomenr must conform to the Final Site Plan, Aooroved Final Site Plans (includin~ Landscaoe Plans) shall not be substantivelv chan~ed durino Bui'din~ Permit Review without an aooroved Site Plan Modification Decision. MAP: . of proposed generator at Pacific Source 110 International Way --\&.. Site Pion Modification DRe 2007,00027 2 ~-'':''::''_!....;?~, ~~j..i;i!. ------ I;, r~< -V~";.:C"", ~'1' f; ~ nl(' 4~~,1",/ ". - - ~-- --=-------=---=-----0;J/ --, -, ~ ' - - I 3 l' ~ ~ " j: ----"-;,.;;...:-~--- ~<J' ~,-." . <!-:! SITE A E': '\ ..f}. .;v<:.\..:J l' J1' ~,.,h 'I to> ,,,}b,,t':'. 'd 1,o~.,;:: t' ;; i..\ '{,.~. ~~ ",ri)) ~ :;.,.lJi:Ji.;"--> . ~} :. ~ : ~ , " , :' " * ~~~~:;:':v ,:~. f ,- INTERIIAiIONAt-W....r ' l- ~ ~~ , ,-,(:jl . &l\\')t!:> r,..:v..~@~ (^6\\'.ij ~ ;-1" @,i!l:f \, , : ~ m ~' $,37532.' :: tZJ~ '"".......I~.., j.'l.,",,' PCL 1 ~ P --.. ...- __n ~~:I!L.... ~U-..;, -~~.:...'! '^ -___~~ -"-.:'~~:>,I "'~-';'co "- f,.. );;.',,~'A:l' .",' -4.... \.'#' l.::)';", , _______ '<,.:. ,:.l "~d_ ~:::; J " )1<.' PARC(L 3 Jl;;;~ ;.,~'" "r.~' OTHER USES THAT MAY BE AUTHORIZED BY THE DECISION: None, The proposed use is permitted in accordarice with Springfield Development Code. No other uses are authorized by this decision. Final Site Plan and Building Plans must conform to this decision, REVIEW PROCESS: This application, is reviewed under Type II (administrative) procedures listed in Springfield Development Code Section 3,080 and the site plan criteria of approvaLS DC 31,060. This application was accepted as complete upon submidal, April 20, 2007, This decision is issued on the 49th day of the 120 day review period mandated by the state (ORS 227.178). SITE INFORMATION: The proposed site developm!"nt,is a modification to an existing site development previously permitted under Planning Jo. No, 2002-03-95. The applicant proposes to add an emergency generator in the' northeast portion of the site, The property is zoned and designated CI according to the City'Zoning Map and Metro Plan. The site abuts International Way along its southern boundarye Land to the north of the subject property is outside the UGB, land to the west and south is inside the City and zoned CI. Land to the east is inside the UGB and is zoned UF-I 0 with underlying CI and PLO'zoning, ,The northern portion of the site , is located within the 100 year floodway defined by the Federal Emergency Management Agency (FEMA). WRITTEN COMMENTS: Applications for Limited Land Use Decisions require the notification of property owners/occupants within 300 feet of the subject property allowing for a, 14 day comment period on the application (SDC Sections 3.080 and 14,030). The applicant and , parties submitting written comments during the notice period have appeal rights and are mailed 'a copy of this decision for consideration (see ADDeals at the end of this decision.) In accordance with SDC 3,080 and 14,030, notice was sent to owner/occupants within 300 feet of the subject site on April 24, 2007, The following written comments were received in response to the Notice: Site Plan Modiffcation DRe 2007-00027 , 3 Mr. Earle D. Wicklund, Trustee 8720 SW Parkview Loop, Beaverton, OR 97008 submitted a letter on behalf of the Wicklund Living Trust, In his letter dated April 25, 2007 Mr. Wicklund states: "the proposed subdivision has a direa impaa on our property to the north of subjea and therefore we have an issue as it relates to storm water retention and possible damage and discharge into the Maple Island 5/0ugh as well as Noise." , Me. Wicklund's letter raised seven questions regarding precautions to be taken by the applicant to assure that: Q. I, No contamination of drinking water will occur. Q. 2, No contamination of ground water will occur. Q. 6, /s the generator diesel operated? If so. what precautions with regard to environmental is being taken., Staff Response: The proposed generator is located within the Drinking Water Protection Overlay District. The diesel generator is equipped with a single above-ground dual-wall fuel tank, The double wall providesJor secondary containment for the diesel fuel. A Drinking' Water Protection application is required for this development. The application was submitted concurrently with the subject application, The Drinking Water Protection Notice of Decision, was issued on May 30, 2007, Ground water resources will be protected in accordance,with, 5DC Article 17. Q. ], Noise. As discussed the Trust has plans for its property and is developing information as we speak. Noise from a 500 kilowatt generator could in faa have a serious impaa on our project Staff'Response: Springfield Development Code Article 21 contains Campus Industrial District Performance Standards which regulate noise generated by any machinery or equipment on the development site, The noise generated by the proposed emergency generator i"regulated by SDC 21.015 (7)(1). Noise levels must be in accordance with OAR 340-035-0035, Noise Control Standards for Industry and Commerce. OAR 340-035-0035 (5) specifically exempts emergency equipment not operated on. a regular or scheduled basis. Therefore the proposed emergency generator is exempt, See,findings under Site Plan Cr.iterion 3, page 10. Q. 4. What are the dimensions of the generator? Q. 5, What is the color? Staff Response: The plan and elevation ofthe emergency generator are shown in sheet A2.0 'of the applicant's plans. The proposed generator is I B' .6"L x l' -2"W. The generator is proposed to set on a concrete platform and surrounded bya metal screen. The total height of the unit, platform and surrounding screen is 11'-10", Sheet A 1,0 states that exterior paint colors shall be subdued or earth tones, Q. 7. 'Where is the storm water discharge going? Staff Response: Stormwater runoff from the proposed generator will be directed into an existing on'site private retention pond, The 99,216 cubic foot volume pond was constructed to only release stormwater to the public storm drain system during storm events higher than th9se experienced every ten years (on average). All indications from the property owner state there has yet to be any standing water witnessed within the pond area to-date, over 5 years later. The proposed addition of.the emergency generator adds very little additional . Site Plan Modification 'DRe 2007,00027 4 storm water runoff to the pond area, creating-an immeasurable impact, to the on-site private storm water facility, and no impact to the public, infrastructure. , , Site Plan Modifications - Criter;ia of Approval SDC 31.100, SDC 31.100 (4). SDC 31.060 SDC 31,100 (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 Artic,le. , " SDC 31,100 (3)(b) states: A Major Site Plan Modification application shall be evaluated under the Type lI,review process. The application shall be reviewed based on a particular standard as specified in Section 3 I .060 of this Article, e.g. a modification in the stormwater management plan, a substantial increase in the size, of th~ building or when commercial or industrial development abuts property zoned residential. ' ' , , The Site Plan Modification process establishes procedu~es to allow certain adjustments to an , approved Site Plan, either after Preiiminary Approval or after Final Approval as specified in Section 3 1,090 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 fora Site Pla'n 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 approve, or approve with conditions, a Type II Site Plan Reyiew.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-Springfi,eld Metro Ar,ea General Plan, Springfield Development Code Article 31- Site Plan Review Standards, Article 32- Public and Private Improvements. Article 2 1- Campus Industrial District were required for approval of the applicant's Site Plan Modification. " Finding: On May 8. 2007. the City's'Development Review Committee reviewed the proposed plans and suppoi-ting information. City Staff's review comments have been incorporated'in findings and conditions contained herein, The Site Plan Modification application as submitted complies with the code standards listed under each Criterion of Approval unless otherwise noted with speCific findings and conclusions, Criterion I - SDC 31.060 (I) 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 Campus Industrial zoning is consistent 'with th~ Metro Plan diagram and Gateway Refinement Plan iJiagram, ' Conclusion: The, proposal satisfies Site Plan Criterion I. Site Plan Modification DRC 2007-00027 5 Criterion 2 - SDC 31.060 (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 utility provider shall determine capacity issues. Criterion 3 -,SDC 31,060 (3) The proposed development shall comply with all applicable public and private design and construction standards contained in this Code and ather applicable regulations. Finding: Criteria 2 and 3 require the proposed development to be provided with public and private improvements which are designed in conformance with all applicable Development Code requirements and the current Engineering Design' Standards and Procedures Manual. ,The applicant's civil engineer shall also be required to provide construction inspection services. Finding: The intent of Criterion 2 is to ensure that public improvements are installed and serve development in accordance with the Metro Plan. The Metro Plan' indicates that new urban development must be served by at least the minimum level of key urban services at the time development is completed (Eugene-Springfield Metro Area General Plan, III-G" I), Site Plans are development in accordance with ORS 227.215, The City interprets Criterion 2 to mean that on-site and off-site public improvements not orily have capacity but are also extended to the developable area for connection. Therefore, in order to ensure the development complies with Criterion 2 for the provision of public infrastructure the required public improvements must be installed and approved before final site plan approval or occupancy of the site. Finding: The Development Review Committee and the Public Works Director's representatives have reviewed the proposed site plan and the, surrounding public services, The site plan application as submitted complies with the applicable code standards listed under each sub-element unless otherwise noted. with specific findings and concl,usi<;>ns. The element~, sub- elements and code standards, of Criterion 2 and Criterion 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) 2. Conformance with standards of sqc Article, 3 I, Site Plan Review, and Article 2 I, 'Campus Industrial Zoning Districts ' . Permitted Uses - SDC 21,040, 21.050 . Operational Pe'rformance Standards -.SDC 21.015 . Lot Size and Setback Standards - SDC 21.070 . Height Standards - SDC 21.080 Site PIon Modification DRC 2007,00027 6 . Off-Street Parking Standards - SDC 21.090 and SDC 31,170-230 , . Fence Standards - SDC 21 ,I 10 ' . Campus Industrial On-Site Design Standards - SDC 21,120 . Landscaping Standards - SDC 3 I , I 30- I 50, . Screening and Lighting - SDC 31,160 . Parking Standards - SDC 31,170 -,230 3. Applicable Overlay Districts and Refinement Plan Requirements . Gateway Refinement Plan Policies are applicable to this development, 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 staff's review comments have been incorporated in findings and conditions ~ontained herein, ' Public and Private Improvements in Accordance' with SDC 31 and 32 STORM WA TER MANAGEMENT SDC 32.11 0 SDC 32.110 (2)"states: The Approval Authority shall grant development approval only where adequate public andlor p~ivate storm'water management systems provisions have been made as determined by the Public Works Director, consistent with the Engineering Design Standards and Procedures Manual. 5DC 32, I 10 (3) requires a stormwater management system to accommodate potential run-off from its entire upstream drainage area, whether inside or outside of the development. r SDC 32.110 (4) requires that run-off from a development shall be directed to an approved stormwater management system with sufficient capacity to accept the discharge. Finding: Under Federal regulation of the Clean Water Act (CWA). 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 effor-ts to reduce the pollution in \. ur:ban stormwater to the Maximum Extent Practicable (MEP). . , Finding: Federal and Oregon Department of Environmental Quality (ODEQ) rules require the City's MS4 plan address six "Minimum Control Measures." Minimum Control Measure 5, "Post- COnstruction Stormwater Management for New Development and Redevelopm'ent," 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) appropriated for the community, Finding: Minimum Control Measure 5 requires the City of Springfield use an ordinance or", other regulatory mechanism to address post construction ru';off from new and re-development Site Plan Modification DRC 2007-00027 ' 7 projects to the extent allowable under State law, Il,egulatory 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 develop'ment 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 Manual." ' 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), Finding: Section 3.03.3,B ofthe City's EDSPM states all public' and private development and redevelopment projects shall employ a system of one or more post-developed BMPs that in combination are designed to achieve at least a 70 percent reduction in the total suspended. solids in the runoff generated by that development,' Section 3.03.4.E of the manual requires a minimum of 50 percent of the non-building rooftop impervious area on a site shall be treated for stormwater quality improvement using vegetative methods, Finding: To comply with Sections 32.110 (4) & (5), stormwater runoff from the proposed generator will be directed into an existing on-site private retention pond, Constructed in 2002, the'on-site private retention pond was sized to retain site stormwater runoff generated by a 10- year storm event, The 99,216 cubic foot. volume pond was constructed to only release stormwater to the public storm drain system during storm events higher than those experienced every ten years (on average), All indications' from the property owner state there has yet to be any standing water witnessed within the pond area to-date, over 5 years later. The proposed addition of the emergency generator adds very little additional storm water runoff to the pond area: creating an immeasurable impact to the on-site private storm water facility, and no impact to the public infrastructure, ' Finding: To meet the requirements of the City's MS4 permit, the Springfield Development Code, and the City's EDSPM, the applicant has proposed directing the stormwater runoff from the rooftop of the generator into the existing stormwater quality pond. This pond has been designed pursuant to applicable standards. Finding: The applicant has supplied supporting documentation for the proposed diesel generator indicating that the unit will be dualwa:iled'steel construction, equipped.with an emergency tank & rupture basin vents. This construction will serve to prevent contamination of the groundwater systemand/or private stormwater system, ' Finding: Public and private improvements are sufficient to serve the propo~ed development. Conclusion: The proposed site plan modification satisfies this sub-element of the criterion. Conformance with Standards of SDC Article 31, Site Plan Review, and Article 21, Campus Industrial Zoning . Permitted Uses - SDC 21,040, 21.050 . Operational Performance Standards - SDC 21 .0 15 Site Plan. Modification DRC 2007,00027 8 . L9t Size and Setback Standards - SDC 21 .070 ., Height Standards -'SDC 21.080 . Off-Street Parking Standards - SDC 21.090 andSDC 31,170-230 . Fence Standards - SDC 21.1 10 . Campus Industrial On-Site Design Standards - SDC 21.'120 . Landscaping Standards - SDC 3/./30-/50 . Screening and Lighting - SDC 31.160 . . Parking Standards - SDC 31. 170 - 230 AIR POLLUTION ' Springfield Development Code Article 21 contains Campus Industrial District Performance Standards which ensure compliance with applicable local, state and Federal regulations: SDC 21 .0 15 (7) states: Campliance with these aperatianal perfarmance standards 'sha,1I be the cantinuing abligatian .of the appraved use. Failure ta camply with these aperatianal perfarmance standards shall be avialatian .of this Cade and/ar Chapter 5 .of the Springfield Municipal Cade, 1997., ' , SDC 21,015 (7)(a)'states: Air pall uti an includes, but nat limited ta, emissian .of smake, dust, fumes, vapars; adars and,gases. Air pall uti an shall nat be discerT1able at the praperty line by a human .observer relying an a persan's sense with aut the aid of a device. The applicant shall .obtain and maint1lin all applicable licenses and permits fram theapprapriate lacal, state and Federal agencies. Finding: The applicant proposes to install a Cummins Diesel generator Set Model DFEK Nonroad 60 Hz. According to'page I of the ma,nufacturer's information submitted, by the applicant, the system includes heavy-duty 4-cycle diesel engine, an AC alternator and an electronic voltage regulator; "Environmental concerns are addressed by low exhaust emission engines (certified to U.S, EPA Nonro~d Source Emission Standards, 40 CFR, Tier 2). FIRE AND EXPLOSIVE STANDARDS SDC 21,0 I S (7)(b) states: All activities involving the use, storage and/or' disposal .of flammable or explosive materials shall comply with the Unifarm Fare Code as most recently adopted by the City; Finding: Pre-submittal meeting discussions with the applicant indicate that the proposed generator is over-designed as a Levell Emergency Power Supply System but is to, be used'solely for computer-server backup. Thus the Fire Marshall finds that inspections requir~d for NFPA 110 are not required: ' Finding: The propcsed Cummins Model DFEK ncn-road 60 Hz 500 kW diesel generator meets UL 2200 standards, Part of this equipment includes an 850 gallon dual wall sub-base tank that is UL 142 listed. Engineered drawings and specification sheets shall be submitted as part of the building permit application. At the time of building permit application, the applicant will be required to apply for an 'oper<itions p~rmit for flammable and ccmbustible liquids with Springfield Fire,and Life Safety pursuant to 2004 Springfield Fire Code/2007 Qregon Fire Code 105,6,16). Site Plan Modiftcation ORe 2007,00027 9 GROUNDWATER PROTECTION SDC 21.015 (7)(d) states: Proposed development utilizing hazardous materials that may impact groundwater quality shall demonstrate complia'nce with the provisions of Article 17 of this Code, Drinking Water Protection Overlay District. Finding: A Drinking Water Protection application has been submitted concurrendy. The Drinking Water Protection Notice of Decision was issued on May 30, 2007. Ground water resources will be protected in accordance with SDC Article 17. NOISE Springfield Development Code Article 21 contains Campus Industrial District Performance Standards which regulate noise generated by any machinery or equipment on the development' site, The noise generated by the proposed emergency generator is regulated bySDC 21,01.5 (7)(1) which scites: Noise. These standards apply to noise generated by any machinery or eqLiipment on the development site. The maximum permitted noise levels in decibels across lot lines and district boundaries shall be in accordance with OAR 340-035-0035, Noise Control Standards for Industry and Commerce. ' Finding: The applicant proposes to instaWan emergency generator. According to the information submitted by the applicant, for Cummins Diesel,generator Set Model DFEK' Nonroad 60 Hz, page I, "the proposed commercial generator set is a fully integrated power generation system providing stationary standby or prime power applications." The system includes heavy-duty 4-cycle diesel engine, an AC.alternator and an electronic voltage regulator," "Environmel1tal concerns are addressed by low exhaust emission engines (certified to U.S. EPA Nonroad Source Emission Standards, 40 CFR; Tier 2); sound-attenuated enclosures, exhaust silencers, and dual-wall fuel tanks, ' Finding: Noise from the proposed emergency generator is identified at OAR 340-035-0035 (I )(A) as a "New'Source Located on Previously Used Site:' The rule states that noise levels from new sources cannot "exceed the levels specified in Table 8, except as otherwise provided for these rules:' OAR 340-035-0035 (5) specifically exempts emergency equipment not operated on a regular or scheduled basis. The applicant states that the proposed emergency generator'is intended to provide electrical power for computer back-up purposes in the event of a power outage. The proposed generator is equipped with a programmable testing timer. This allows periodic testing of the equipment and systems to assure proper operation of the generator in the event of an emergency. The programmable timer allows flexibility in ' determining when the testing will take place, Testing could take place during the day or at night and generally would last for 15-20 minutes, this would occur 3-4 times a month with a slightly longer annual test" Finding:' The applicant has submitted information 'into the record which states that the proposed emergency generator will not be operated on,a regular or. scheduled basis.' Therefore the proposed emergency generator qualifies as an exemption under OAR 340-035-0035 (5). Finding: The applicant's proposal to install the proposed emergency generator is in accordance with OAR 340-035-0035, Noise Control Standards for Industry and Commerce and SDC 21.015 (7)(1). Site fJan ModifJcotipn DRe 2007,00027 10 -'. . VIBRA TlON Finding: The applicant has submitted information inco the record co demonstrate that the proposed emergency generator will be, equipped with integral vibration isolation. A robust skid base supports the engine, alternator and radiator on isolators, minimizing transmitted vibration', Conclusion: The proposed site plan modification satisfies this sub-element of the criterion. 'Conformance with Overlay Districts and Applicable Refinement Plan Requirements Finding: The proposed development is within the Gateway Refinement Plan area, The proposed development is in accordance with the policies of the Gateway Refinement Plan, Finding: The proposed. generator is located within the Drinking Water Protection Overlay District. The diesel generator is equipped with,a single above-ground dual-wall'fuel tank. The double wall provides for secondary containment for the diesel fuel. A Drinking'Water Protection application has been. submitted concurrently, The Drinking Water Protection Notice of Decision was issued on May 30, 2007, Ground water resou~ces will be protected in accordance with SDC Article 17. Finding: The potential impacts of the applicant's proposal on'Springfield's ground water resources have been evaluated and will be protected in accordance with SDC Ai1:icle 17. Conclusion: T~e proposed site plan modification 'satisfies this sub-element of the criterion, Conclusion: The proposal satisfies Site Plan Criteria of Approval 2,and 3. Criterion 4: - SDC 31,060 (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 ~rea and to adjacent ,residential areas, transit stops, neighborhood activity centers, and commercial, industrial and public areas; minimize curb cuts on arterial and col/ectorstreets as specified in Article 31, 32, the appropriate refinement plan; and comply with the OOOT access management standards for state highways. Finding: The proposed site plan modifi,cation does not affect parking area and' ing~ess-egress 1 .,. points, , Conclusion: The proposal satisfie.s Criterion' 4. ,Criterion 5: - six 31.060(5) Physical features, including but not limit~d to significant clusters of trees and shrubs, watercourses, shown on the WQLW Map and their associated riparian areas, wetlands, rock outcroppings and historic features have b~en evaluated and protected as required by this Code. ' Finding: 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 Site Plan Modification ORC 2007-00027 II have been consulted. The proposed site plan modification does not affect any physical features on the subject property which require evaluation or protection. Conclusion: The proposal satisfies Criterion 5. COIllCLUSIOIll: The Site Plan a~ submitted is in conformance with the applicable Criteria 1-5 of SDC 3 1.060. COIllDITIOIllS OF APPROVAL: None WHAT NEEDS TO BE DONE BY THE APPLICANT TO OBTAIN FINAL SITE PLAN APPROVAL? FINAL SITE PLAN: A Final Site Plan Application, the Final Site Plan Fee, five copies of a Final Site Plan 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. The Final Site Plan" must'show conformity with the Tentative Site Plan, compliance with SDC Article 3\ 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 progress shall not be subjectto Development Approval expir;ation, , 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 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 al!-improvements are made in accordance with this Article, except'as specified in Section 31,110, Security and Assurances, Upon satisfastory 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, NOTES: . An encroachment permit and 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. ' . '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 (726-3664). The location of signs shown ina site plan does not constitute approval , from the Community Services Division. A separate sign permit is required. Additional Information: The application, all documents, and evidence relied upon by the applicant, and the applicable criteria of approval are available 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, Site Plan Modi(ica~on DRe 2007-00027 12 Aooeals: If you wish to appeal this Tentative Site Plan Approval, a Type II Limited Land Use decision, 'your application must comply with SDC Article 15, APPEALS, Appeals must be submitted on a City form and a fee of$250.00 must be paid to the City at the time of submittal. The fee will be returned to the appellant if the Planning Commission approves the appeal application, In accordance with SDC 15.020 which provides for a I S day appeal period, the appeal period for this decision expires at 5:00 p.m. on June 22, 2007. Ouestions: Please contact Linda Pauly at the City of Springfield Urban Planning Division if you ,have questions regarding this process, Pre oared bv:, Linda,Pauly Planner 3, 726-4608 Site Plan Modification DRe 2007-00027 /3 PLANNING DEPARTMENT 225 flFJH STREET 'St>RINGFIELD, OR 97477 PLANNING DEPARTMENT 225 FIFTH STREET " SPRINGFIELD, OR 97477 0,r1f/VUrICLU, UK !::114ft / " mm,~~ ~ ~ Pacific Source T.l~"lth PJ.~,,,.s 110 International Way Springfield, OR 97477. -W"""lftl John Bramwell' Robertson Sherwood Architects PC 132 E Broadway, Suite 540 Eugene, OR 97401 Eric Wick~.~!Tlcl 8720 SW Parkview Loop' Beayerton, OR 97008 , f:;