HomeMy WebLinkAboutMiscellaneous Correspondence 2008-10-22
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Angela Phinney
Assistant Executive Director
The Arc of Lane County
4181 E Street
Springfield, Or 97478
October 22, 2008
RE' 4181 E Street Zoning and Development Issues
. Dear Ms. Phinney,
The City of Springfield needs for you to submit a Development Issues Meeting (DIM) application to
further discuss the proposal to change your day care facility at 4181 E Street into an elementary school/ day
care and adult day care. At that meeting we will be glad to respond to your specific questions and provide
as much general information about the process and development standards required by the Springfield
Development Code (SDC) as time allows. In the interim, I thought it might be helpful to document some
of the background, processing timelines and fees.
My review of the previous Site Plan Review decisions and current code standards indicate the information
provided to you by staff in various discussions has been accurate in the following regards: I) the approved
use for the site is a commercial offices not a daycare facility, 2) transitioning the primary use from an
office to a day care center toa private elementary school is a change of use requiring additional land use
approvals from the City of Springfield, and, 3) the development process to change the use to an
elementary school includes several applications subject to the ORS 120 day time line for limited land use
decisions, including, but is not limited to: Site Plan Review, Discretionary Use and Variance applications.
As requested. the following facts clarify some of the aforementioned background information and land use
decisions' approximate timelines and costs:
. Aooroved Use: The building has an approved use of A-3 (Assembly occupancy includes, among
others, the use of a building or structure. Or a portion thereof, for gathering of persons for purposes
such as civic, social or religious functions.) The conditions of approval were subsequently
implemented and approved on Final Site Plans prior to the original occupancy request. No other
codified use is discussed or authorized in any other legal land use decision at this site. As 'such, the
day care use has never been changed in accordance with City code and remains in tact today. When the
primary use of the facility is proposed to change to an elementary or charter school the site is subject to
standards of the Springfield Development Code for private elementary schools.
ProDosed Use: A proposed private or public elementary school is listed under current code as a
pennitted use subjectto Discretionary Use and Site Plan Review (DO) at Section 3.2-310, page 82.
Additional Specific Development Standards for elementary schools are also identified and listed at
section 4.7-195 of the SDC (attached). The Special Use Standards language of Section 4.7-195.A.l
restates the requirement at 3.2-310 for discretionary approval with site plan review for all new facilities
and additions over 10,000 square feet or exceeding 50% of the existing building (emphasis added).
Compliance with the remaining ten development standards must be demonstrated during Discretionary
Use and Site Plan Review, leading us to some discussion regarding variances during our recent call.
The need and process for consideration of variances by staff and the Planning Commission will be
discussed at the Development Issues Meeting, The additional costs and time frames are included below.
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Process and Timelines: A Discretionary Use/Site Plan Review proposal with Variances is reviewed
as a Type III Quasi-Judicial Application review process in accordance with SDC 5.1-135. What that
means is that upon acceptance of complete applications and staff review, the decision on the proposal
is made hy the Planning Commission after a public hearing, staff recommendation and public
testimony. According to the SDC and Oregon Revised Statutes for land use, the Planning
Commission must make a.final decision within 120 days after acceptance of a complete application by
the City. The process can generally be described in the following sequential steps, with approximate
fees and timelines noted, assuming the optional step of Development Issues Meeting has already
occurred':
I ) PRE-SUBMITTAL: Applicant prepares and submits the application materials for Discretionary
Use, Site Plan and Variance Applications as one package subject to completeness review. (The site
plans require engineering and architectural information, variances and discretionary use require
response to Criteria of ApprovaL A land use plalUling consultant and/or an engineer's involvement
are required.) When submittal requirements are met and a pre"submittal fee is paid, the Pre-
Submittal Meeting is scheduled in 2-4 weeks. City development review staffs perform a
completeness check of the site plans and related documents, then provide a completeness
document at the scheduled meeting. The document lists the materials needed to makethe
application complete. The applicants and their consultants are then responsible for perfecting the
application package prior to returning it for actual submittal.
. Major Action: Application Preparation by Applicant's Consultants
. Elapsed Time From Submittal: 14-28 days for Completeness Process
. City Fees: $350
. Consultant Fees: Market Rate'
. Timeframe for Applicant Re-Submittal" of Complete Application: Unknown
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2) APPLICATION REVIEW: Upon.application re-submittal of all requested completeness
information or a request to proceed on preliminary plans, the City will accept the application
package, collect processing fees, begin the ORS 120 Day and begin internal review and
scheduling of public hearing procedures. During internal review and hearing preparations
Planning staff manage the development review process; write a staff recommendation to the
Planning Commission, schedule a public hearing before the Planning Commission and provide
public notices and staff reports in accordance with SDC and 0RS requirements.
. Major Action: Start of the ORS 120 Day Time Limit fot Limited Land Use Decision
. Elapsed Time: Application Re-Submittal -Planning Commission Hearing: 4-8 weeks.
. City Fees: Site Plan Review $4500, Discretionary Use $4000. Variance $6500
. Consultant Fees: Ma~ket Rate
3) DECISION: The City of Springfield Planning Commission (PC) will conduct a public hearing'
and consider the applicant submittal, the staff recommendation and all written and oral testimony
from the public. Considering all evidence, the Planning Commission may approve, approve with
conditions or deny the applications based upon the Criteria of Approval contained in the SDC for
the three applications. Hearings extensions may be required or granted by the Planning
Commission in accordance with state statutes. Planning Commission decisions are final upon
maifout of the decision to all who participated, or unless,the decision is appealed,in accordance
the SDC and state statutes. .
. Major Action: PC Hearing and Decision on Proposal
. Elapsed Time from Complete Application: 8-12 weeks without appeal.
. City Fees: Covered by Application Fees
. Consultant Fees: Market Rate
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4)
POTENTIAL APPEAL: .The applicant or any party with standing in the decision process by
virttie of written or oral participation may appeal the Planning Commission's decision to the City
Councilor the Land Use Board of Appeals. An appeal to the City Council will follow the same
basic hearing procedure and the City Council's decision is the final local decision. If necessary,
the appeal to the City Council will be completed within the 120 day time limit. This step
completes the local appeal process. An appeal to the State Land Use Board of Appeals is the
responsibility of the applicant and may involve an additional 6 months and include additional land
use, engineering,and legal consultant fees.
. Major Action: Decision on Appeal (as necessary)
. Elapsed Time From Co;"plete Application: 12-16 weeks
. City Fees: $2500"(Appellant Cost)
. Consultant Fees: Market Rate
'NOTE: Consultant fees may equal or exce,d city fees for any individual application step,
The above process can be discussed further in the pending DIM meeting. We look forward to reviewing all
current and proposed use types and occupancy rates. We will be responsive to all materials submitted and
look forward to assisting you with future plans. I also suggest that you consider the same DIM procedures
for the adult day care and child care, given that it has certain code limitations that we will be happy to
discuss. All ooerations must remain consistent with oril!inal anorovals until we have reviewed and
3DDroved anvnew oroDosals. The onlv occuoancv that is oermitted at 4181 E Street is A-3ffiimm,
area). until 3DDroved chan~eof use is I!ranted No children should be on site.
I hope my summary provides some additional understanding of the limited land use decision making
process. The process may seem daunting to the lay person, but we are here to help you achieve your goal
of creating quality day care and elementary education facilities in the City of Springfield. The referenced
materials are available for your review upon request at the City; all code information is available on the
Development Services Departmentportion of the City of Springfield's website,
httn:/lwww.ci.snrinfdield.or.lls .
My staff and I look forward to working with you.
Cordially,
Robert Castile CBO
541-726-3666
rcastileraki. snrim!field.or. us
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