HomeMy WebLinkAboutPermit System Development Code Charge 2004-6-22
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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
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Mike Farthing
Attorney at Law
767 Willamette Street, Suite 203
Eugene, OR 97401
Fax No.: 485-1174
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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.
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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.
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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
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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
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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.
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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.
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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
"
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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
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.
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
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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