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HomeMy WebLinkAboutPermit System Development Code Charge 2004-6-22 . CITY MANAGER'S OFFICE CITY RECORDER COMMUNICATIONS 225 FIFTH STREET SPRINGFIELD, OR 97477 (541) 726-3700 FAX (541) 726-2363 www.ci.springfield.or.us June 22, 2004 Chris Koback Attorney at Law Davis Wright Tremaine 1300 SW Fifth Avenue, Suite 2300 Portland, OR 97201 Fax No.: 503-778-5299 \-\o('~0 Mike Farthing Attorney at Law 767 Willamette Street, Suite 203 Eugene, OR 97401 Fax No.: 485-1174 ~-.J~ \-\~ RE: Appeal of Systems Development Charges for B & B Distribution, 22:l9 Olympic St, Springfield, Journal # DRC 2003-00032 This letter is in response to your written appeal dated September 8, 2003, reglfding the City's calculated System Development Charge (SDC) for the development at 2289 Olympic Street, Springfield, Oregon. A Hearing was held on this matter on October 28,2003. This hearing was/attended by Chris Koback, Dennis Kay, and Timothy Kay, on behalf ofB & B Distributors, Inc., Jack Louie, the property owner, and Steve Barnes, Al Peroutka, Gary McKenney, Joe Leahy, Mike Kelly and myself on behalf of the City of Springfield. ,At issue is whether the City staff's calculated SDC for transportation is fair and equitable. Your clients have converted a second hand clothing retail space into an adult video store. During the October 28lb Appeal Hearing, you stated that this development should be clas~;ified as an adult video store, rather than a conventional video store as stated in the land use application materials utilized by staff. You based this conclusion on traffic count data submitted for four similar other adult video businesses - Castle Superstore, Exclusively Adult, Kiss & Tell, and Fantasyland - that indicated the expected traffic impact would be about 25-35 percent of the traffic impact ass,)ciated with the type of business that had previously been located at 2289 Olympic Street. You also s1:ated that traffic counts in the ITE Manual for conventional video stores are much higher than those of adult video stores. You referred to the ITE Trip Generation Handbook, which states that, if avail"ble, locally determined data should be used. City staff replied that they made their best effort to match the business activity to the ITE category. In addition, staff had contacted local video stores to gather traffic count data in the general video category to provide a limited verification of the applicability of the ITE data. . . During the hearing, I accepted your offer to provide a study to determine the vehicle trip generation associated with adult video stores. I suggested that traffic count data be gathered and presented in a study report stamped by a licensed Oregon traffic engineer, and that this wor!: be done in accordance with the guidelines for conducting a trip generation study as outlined in the DE Trip Generation Handbook. The City has received a copy of a study prepared by Tom Lancaster, P.E., of Lancaster Engineering, that evaluates trip generation data for four adult-oriented businesses in the Eugene-Springfield metro area. Our Transportation Planning Engineer has provided his opinion, attach(:d, that the data collected from three of the sites may be representative of the B & B use. However, for the reasons outlined in the attachment, the data from Adult Store #1, Castle Superstore on Gateway Street, is not representative and is not accepted by the City for the purposes of this study. Based upon the information you have provided and the recommendations of City staff, I will accept your proposal to establish a new trip generation rate for "Adult Video Outlet" in the City of Springfield. This new rate will be set at 50 trips per thousand gross square feet of building area as recommended by City staff. Your appeal that B & B Distributors should be exempt from transportation SDC charges is denied because the submitted trip rate study demonstrates that an Adult Video Outlet will generate more trips than the prior retail use at this location. Since the City's policy is to colle;t SDC's for the increased impacts generated by a change in the use of a building, and the trip rate for Adult Video Outlets is higher than the rate for the prior retail use, an SDC payment is due. Your clients will have 10 calendar days from the date of this letter to pay in full the revised SDC's in the amount of $9,683.33, as shown on the attached System Development Charge Worksheet, or action will be undertaken to compel your cessation of operations at the site. Please contact Steve Barnes, SDC Coordinator, at (541) 736-1036, if you have any questions concerning this letter. ~~ Cynthia Pappas Assistant City Manager cc: Mike Kelly, City Manager Joe Leahy, Harold, Leahy and Kieran Dave Puent, Community Services Manager Steve Barnes, Public Works . . Memorandum City of Springfield Date: To: May 19,2004 Steve Barnes, BIT Gary McKenney, P.E., Transportation Planning Engineer Review of Trip Rate Study for B&B Distributors, 2289 Olympic St. From: Subject: Introduction On October 28,2003, the Assistant City Manager conducted an appeal hearing on the Transportation Systems Development Charges (SDC's) for the new adult video store located at 2289 Olympic Street. During that hearing the appellants proposed to conduct a Trip Rate Study of other similar video stores in the Eugene-Springfield Metro area. Since that time the appellants' have done the following: . Collected trip data from four similar businesses and had it notarized for authenticity, . Had the data analyzed by a licensed traffic engineer, and . Presented their argument for reduced SDCs based on the collected data and analysis. This memorandum presents my findings regarding the basis of the appellants' argument and the methods and applicability of the submitted analysis. Basis of Anneal In his letter of February 20, 2004 the appellants' representative, Mr. David Wright Tremaine, states their position as "... the ITE Trip Generation Manual was not repres,entative of our client's business and that a local study was warranted." Regardless of the technical details in the Trip Rate .Study, the implications of this position need to be considered. I have understood the city's position to be that SDCs are calculated for the "type of use" permitted on a site, not the specific use being approved. That means a drug store is treated as a drug store, whether it is Walgreen's or a locally owned business. In this case the appellants have argued that their store is a video store but is not comparable to a Blockbuster or Hollywood Video outlet. If the city accepts this view and approves a lowered SDC rate, I would recommend we create a specific category for "Adult Video Store" in our SDC charge rate table - we have previously done this for Espresso Stands. In that way the city could captw:e additional SDC revenue if the adult video store should move out and Blockbuster move in. Trin Rate Studv Arialvsis The applicant has submitted traffic count data collected at four adult-oriented businesses in the Eugene-Springfield area, and a letter from Tom Lancaster of Lancaster Engineering summarizing his calculations of the weekday trip generation rates for those businesses based on the collected data In his letter Mr. Lancaster states, "It is my understanding that the me:asurements meet the necessary data collection requirements," however, he does not evaluate the degree to which the collected data is representative of the B & B Distributors use. My evaluation ofthe submitted data and the Lancaster Engineering analysis is outlined below. B&B SDC Analysis May 19,2004 Page 2 oD . . ( Data collection consisted of counting arriving vehicles for 24 hours at the four local businesses. Lancaster doubled the number of arriving trips to produce a total trip volume (entering plus exiting) for each site. Individual trip rates were calculated by dividing the total number of trips at each site by the building area to produce a daily trip rate in trips per 1,000 square feet. The following paragraphs describe characteristics and analysis of the studied sites: . Adult Store # I, Castle Superstore, 3270 Gateway Street, Springfield: This store comprises 11,200 square feet of building area. It operates as a "Superstore" offering a wide range of adult-oriented merchandise. The collected data indicates a 24-hour trip rate of 20 trips per 1,000 square feet. . Adult Store #2, Exclusively Adult, I 166 South A Street, Springfield: This store comprises 4,000 square feet of building area and the business is generally comparable in character to B&B. It is in Springfield and slightly more than one mile from the subject location. This site has eleven parking spaces, compared to 28 spaces at B&B, and is on a busy street (South A St.) with more potential for bicycle and walk-in business. The '. collected data indicates a 24-hour trip rate of 65 trips per 1,000 square feet. . Adult Store #3, Kiss & Tell, 720 Garfield Street, Eugene: This store comprises 3,285 square feet of building area and the business is generally comparable in character to B&B. It has less parking available, 10 spaces. The collected data indicates a 24-hour trip rate of 52 trips per 1,000 square feet. ( . Adult Store #4, Fantasyland, 2727 WilIamette Street, Eugene: This store comprises 5,250 square feet of building area and the business is generally comparable in character to B&B. It has only 3 parking spaces, but it is adjacent to residential neighborhoods and thus has more potential for bicycle and walk-in business. The collected data indicates a 24-hour trip rate oD8 trips per 1,000 square feet. To produce an "average" trip rate for the four studied sites Lancaster totaled the 24-hour trip volumes and divided the result by the total of the building floor areas. This procedure produces a "weighted" average that is influenced by variations in the size of individual sites. Conclusion and Recommendation In my opinion the data collected for Sites 2, 3 and 4 are representative of the B&B use. However, for the reasons outlined below I feel the data from Site I (the Castle Superstore on Gateway Street) is not representative of the B&B business size or character. . The Castle Superstore comprises 11,200 square feet of building area - almost double the size of B&B. . While B&B is all, or nearly all, video-based retail I understand Castle to be a retail store providing a wide range of adult-oriented merchandise, of which videos are a limited part. I' . . B&B SDC Analysis May 19,2004 Pagd 00 For this reason I would assume Castle customers shop less frequently than they would at a video-only store. This view is supported by the Castle data, which shows a trip rate nearlv half that of the next lowest sample. The Castle Superstore's larger size and lower trip rate combine to substantially skew the weighted average trip rate toward a lower value. In my opinion it would be more appropriate to calculate the SDC estimate for B&B using only data from Sites 2, 3 and 4. For these three sites the weighted average daily trip rate is 50 trips/l ,000 square feel. i. " . . A IT ACHMENT A CITY OF SPRINGFIELD SYSTEMS DEVELOPMENT CHARGE WORKSHEET JOURNAL OR JOB NUMBER C0M2003-o0397 NAME OR COMPANY, JACK LOUIS )CATION: 2289 OLYMPIC LOT SIZE (SF), MAP & TAX LOT NUMBER, 17-03-25-42 1400 DEVELOPMENT TYPE, ADULT VIDEO STORE WITH ONSITE VIEWING c NEW DEVELOPED AREA (S.F) 5.943 1TE, 1000 NEW DEVELOPED AREA (S.F) ITE, EXISTING DEVELOPED AREA (S,F.): 5.943 1TE: 814 .1 STOR M DRAINAGE PREVlOUSL Y PAID IMPERVlOUS'SQ, FT, x S 0.282 PER SF TOTAL STORM DRAINAGE SOC" S " ~ ::: ~~t' e~c OO~ ~ " - . . . OG~ " . o:u 4.495,58 I 19.835,65 I (3.047,26)1 (13,445.27)1 TOTAL TRANSPORTATION REIMBUIC;EMENT SOC" $ TOTAL TRANSPORTATION IMPROVEMENT soc,l $ 7.838,70 ~ 1,808.61 I 189.231 1070 2 SANlTARV ~RWFR-rn:y A REIMBURSEMENT COST, NUMBER OF DFU's B. IMPROVEMENT COST, NUMBER OF DFU's (SEE REVERSE SIDE) o x $ 22.09 PER DFU o x $ 16.79 PER DFU TOTAL LOCAL WASTEWATERSDC:' $ , $ 1091 1$ 1092 l...IMN~PORT IDQl,! BLDG AREA TGSF x TRIP RATE x COST PER ADT x NEW TRIP FACTOR NEW: A REIMBURSEMENT COST: 5.94 x 50 x S 16,81 PER TRIP x , IMPROVEMENT COST, 5,94 x 50 x $ 74,17 PER TRIP x EXISTING: RETAIL AREA A ,REIMBURSEMENT COST, -5.94 x 40.67 x $ 16.81 PER TRIP x B. IMPROVEMENT COST, -5,94 x 40,67 x $ 74.17 PER TRIP x 0.9 NTF 1$ 0.9 NTF 1$ 0.75 NTF I $ 0.75 NTF 1$ TOTAL TRANSPORTATION SDC:' $ - 4 SANlTARV~RWER-~ NEW, A REIMBURSEMENT COST, NUMBER OF FEU's 5.94 B. IMPROVEMENT COST, NUMBER OF FEU's 5,94 x $304.33 PER FEU 1$ x $31.84 PER FEU 1$ COM20031.xls 1,448.32 1093 6,390.38 1094 JULY 2001 . . EXISTING: A REIMBURSEMENT COST, NUMBER OF FEU's B. IMPROVEMENT COST: NUMBER OF FEU's 1$ (565,19)1 .5.94 $95.10 PER FEU x x $9.95 PER FEU 1$ (59.13)1 TOTAL MWMC REIMBURSEMENT FEE,! : TOTAL MWMC IMPROVEMENT FEE: $ MWMC ADMINISTRA 11VE FEE' $ .5.94 MWMC CREDIT IF APPLICABLE (SEE REVERSE) TOTAL MWMC SDc:1 $ 1,383.52 I 9,222,22 , SUBTOTALJADD ITEMS 1.2.3, & 4) 1$ 5 ADMINISTRATIVE FEES. BASE CHARGE (SUBTOTAL ABOVE) s x 5% $ 461.11 TOTAL TRANSPORTATION ADMINISTRATION FEE:' $ TOTAL SEWER ADMINISTRATION FEEj $ 9,222.22 steve "SeaLA.dr!:1 'B/ilrn.tS SDC COORDINATOR 61412004 TOTAL SDC CHARGES DATE DRAINAGE FIXTURE UNIT (DFU) CALCULATION TABLE NUMBER OF NEW FIX1URES x UNIT EQUlV ALENT = DRAINAGE FIXTURE UNITS (NOTE, FOR REMODELS, CALCULATE ONLY TIlE NET ADDmONAL FIXTURES) FIXTURE TYPE BATIlTUB DRINKING FOUNTAIN FLOOR DRAIN INTERCEPTORS FOR GREASElOIllSOLIDSlETC, INTERCEPTORS FOR SAND/AUTO WASHlETC. LAUNDRYTUB CLOTIlES WASHERlMOP SINK CLOTHES WASHER. 3 OR MORE (EA) MOBILE HOME PARK TRAP (I PER TRAILER) RECEPTOR FOR REFRlGERATOR/WATER STA110NIETC, RECEPTOR FOR COMMERCIAL SINK! D1SHWASHERlETC, SHOWER, SINGLE STALL SHOWER, GANG (NUMBER OF HEADS) SINK, COMMERCIAL. RESIDENTIAL KITCHEN SINK: COMMERCIAL BAR SINK: WASH BASINIDOUBLE LAVATORY SINK: SINGLE LA v A TORY !RESIDENTIAL BAR URINAL, ST ALl1W ALL TOILET, PUBLIC INSTALLATION TOILET. PRIVATE INSTALLATION MISCELLANEOUS, FIXTURES NEW OLD UNIT EQUIVALENT 3 I 3 3 6 2 3 6 12 I 3 2 2 3 2 2 1 5 6 3 I i I I I I 21 2 2 I 2 2 I 2 I TOTAL DRAINAGE FIXTURE UNITS= .EDU (Equivalent Dwelling Unit) is a discharge equivalent to a single family dwelling (20 DFU) set at 167 gallons per day COM20031.xls 1.243.42 130.10 10.00 461.11 1078 1079 p DRAINAGE FlX11IRE UNITS o o o o o o o o o o o o o o o o o o o o C''', , ' 1054 '1054 lOSS 105:6 - 9,683.33l ("" , ..' o JULY 2001 --- --- -- --- - - ---- ----- - -- 7/1/2004 Fees Associated With 3:39A3PM Case #: COM2003-00397 2289 OLYMPIC ST 541-726-3753 Phone 225 Fifth Street Springfield, OR 97477 LOUIE JACK H & I 541-726-3676 Fax 541-726-3769 Inspection Line 71.015% Trans Revenue Date Origloa. Description Code Account Number Calculated Amount Doe Plan Review CommlInd/Public 1060 100-00000-425602 5/22/2003 34.32 0.00 Add, Alter, Extend Circ 1004 100-00000-426! 02 ~1111"'nn'" 43.00 0.00 VI.a .alLVVJ Add, Aller, Extend Circ Ea Add 1004 100-00000-426102 6/1 I/2003 30.00 0.00 . 7% State Surcharge 1099 821-00000-215004 6/1 I/2003 5.I1 0.00 + 10% Administrative Fee 1098 100-00000-426605 6/1 I/2003 7.30 0.00 + 7% State Surcharge 1099 821-00000-215004 7/1/2003 3.70 3.70 Planning Final Occy Inspection 1232 100-00000-425002 7/22/2003 118.00 II 8.00 Perm ServlFdr 200 amps or less 1004 100-00000-426102 8/612003 63.00 0.00 + 7% State Surcharge 1099 82 I -00000-2 I 5004 8/6/2003 4.41 0.00 + 10% Administrative Fee 1098 100-00000-426605 8/6/2003 6.30 0.00 Building Permit 1002 100-00000-425602 8/812003 84.00 0.00 + 10% Administrative Fee 1098 100-00000-426605 8/8/2003 8.40 0.00 + 7% State Surcharge 1099 821-00000-215004 8/812003 5.88 0.00 Plan Review Fire & Life Safety 1077 224-00000-425602 7/I/2004 21.12 21.12 + 10% Administrative Fee 1098 224-00000-426605 7/I/2004 5.28 5.28 SDC Transpo Reimbursement 1093 435-00000-448026 711/2004 1,448.32 1,448.32 SDC Traospo Improvement 1094 435-00000-448027 7/112004 6,390,38 6,390.38 .DC MWMC Reimbursement 1055 437-00000-448024 7/112004 1,243.42 1,243.42 DC MWMC Improvement 1055 437-00000-448025 7/1/2004 130.10 130.10 SDC MWMC Administration 1056 61 1-00000-426604 7/1/2004 10.00 10.00 SDC Traospo Admin 1078 435-00000-426604 7/I/2004 461.1 I 461.11 Total Due: $9,831.43 Page 1 ofl CaseFees..rpt