HomeMy WebLinkAboutMiscellaneous Correspondence 2008-12-9
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225 FIFTH STREET. SPRINGFIELD, OR 97477 . PH: (541)726-3610 . FAX: (541)726.3689
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December 9, 2008
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Harold Morris
DBA: "Just Brew It"
3427 Quail Ridge
Eugene OR 97404
RE: DRC2008-000 14 3545 Gateway Street'
Dear Mr. Morris:
Thank you for your letter of November 5, 2008. We regret any difficulties you may have encountered
with your private construction contractors during the development process, With regard to the City's
development standards, I wish to reiterate that the Development Agreement memoriali2es that
standards to which you are being held, Clearly, the issue at hand has been created by your opening and
operating without Final Site Plan Approval or Building Occupancy. .
To clarify, I have enclosed the Development Agreement signed by you on April 25, 2008, By signing this
agreement, you agreed to comply with the conditions set forth in the Site Plan Review Decision and
Staff Report dated March 18, 2008. For your convenience, the conditions are as follows:
I. Excavation or filling in the vicinity"of the existing street trees, as well. as any future
removal of these trees, must conform to the standards of the SDC and EDSPM. Since
these street trees are located on private property, maintenance of the trees shall be
performed by the property owner as per SDC 4,2-140 C.2.
2. Prior to occupancy, the site shall be serviced with a private sanitary sewer lateral from
the 12-inch sanitary sewer.main along the east property line as depicted on the tentative
plan, NOTE: Plumbing permits are required to install private sanitary sewer laterals.
3. Prior to occupancy, the site shall be serviced with private stormwater laterals as
depicted on the tentative plan, and the existing stormwater catch basins on the site shall
be retrofitted with Flo-Gard Plus catch basin filter inserts as proposed on the tentative
plan. NOTE: Plumbing permits are required to install private stormwater laterals.
4. Prior to occupancy, the proposed vegetative swales shall be fully vegetated with all plant
species established to ensure a fully"functioning water quality system. Alternatively, the
applicant shall provide and mainta,in addition'al interim erosion control I water quality
measures acceptable to the Publi~ Works Department that will suffice until such time as
the vegetative swales become fully established,
S. Prior to Final Site Plan approval, the applicant shall correct the discrepancies in the
proposed location and sizes of all 'utility lines on' the different sheets of the plan set.
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6.
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Prior to Final Site Plan approval, the applicant shall indicate on the plan set the actual
propose,d location of power facilities to serve the site, If the applicant chooses to
service the,development site wit~ power via the existing spare conduit from
Tra'nsformer # 7132 to the subject property, prior to Final Site Plan approval; the
applicant shall record and document on the Final Site Plan a private utility easement
centered along said conduit.
7.
Prior'to occupancy, the applicant'shall extend electric service to 'the site as per SUB
Electric standards. Placement of such facilities shall be underground as conditioned in
the Underground Placement of Utilities section below.
8.
Prior to occupancy, all utility lines that serve the site shall be installed
undergroUlld,Prior to Final Site Plan approval, the applicant shall update the plan set to
indicate SUB-approved water service connection points since the proposed connection
point is not allowed per SUB Water standards.
9.
Prior to occupancy, the site shall be serviced with private water laterals from the 12-
inch water,main in the right-of-way north of the subject property and water meters and
backflow prevention devices 'instilled as per SUB Water standards. NOTE: Plumbing
p<;rmits are required to install these private water laterals.
10.
Prior to Final Site Plan approval, the applicant shall provide additional street trees and
shrubs for the front yard parking ,and driveway setback area on the landscape plan in
conformance with the landscaping standards of SDC 4.4-105 F., which is consistent with
the Gateway Refinement Plan Commercial Policies 2.2 and 2.3,
II.
Any future installation of commercial trash receptacles on the site shall be in
conformance with SDC 4.4-110 3.c. and the EDSPM.
12.
Prior to Final Site Plan approval, the applicant shal,l re-design the accessible parking
space and the access route tolfrom that space in accordance with SDC 4.6-.120 and the
Oregon Structural Specialty Cod~.
13.
Prior to Final Site Plan approval, the applicant shall update the site plan to indicate the
location of two-short term and one long-term bicycle parking spaces to serve the coffee '
kiosk development in conformance with SDC 4.6-140 through 4.6-155, One of these
bicycle parking spaces may be located on the Washington Mutual bank site to the west
, of the subject property, as long as prior to occupancy, signage is provided in accordance
with SDC 4.6-150 A.3. However, a minimum of two additional short-term bicycle
parking spaces must be provided ,to serve the coffee kiosk development so that both the
bank and the coffee kiosk meet the numerical standards of SDC 4,6-145 and 4,6-155.
14.
Prior to use or delivery to the supject property, the contractor and all subcontractors
working on the proposed development shall provide the applicant's engineer with copies
of Material Safety Data Sheets (MSDS) for all hazardous materials proposed for use on-
site. Based on the submitted MSDSs, the applicant's engineer shall determine whether
or not the products contain DNAPLs. The applicant's engineer may contact the SUB
Water Quality Protection Coordinator at 541-744-3745 with any questions regarding
evaluating products for DNAPLs. In addition, a copy of the MSDSs for all hazardous
materials used on-site shall remain on the site as required by law.
15. All uses of Dense Non-Aqueous Phase Liquids (DNAPLs) are prohibited during
constructic:,n' and operations of the proposed development.
16. During site development, contractors and developers shall be responsible for the safe
handling and storage of chemicals, petroleum products, and fertilizers, as well as the
prevention of groundwater and stormwater runoff contamination. Hazardous materials
used during construction, includirg paint and cleaning materials/waste, shall not enter
the soil or be washed into the stormwater system, All hazardous materials shall be
stored in adequate secondary containment.
17. During site development, precautions shall be taken to prevent fluid-containing
equipment located outside from leaking, including providing a dedicated area for fueling
and maintenance of equipment. Such an area shall be prepared and maintained to
prevent spills or leaks from migrating to the soil or stormWater system.
18.' No fill materials containing hazardous materials shall be used on the subject property.
19. Prior to occupancy, soils lining the proposed vegetated bioswales shall be amended with
clay as a means of further reducing their permeability.' Alternatively, a sub-surface layer
of heavy clay soils beneath the planting beds shall be installed to direct excess moisture
containing fertilizers and/or pesticides from porous planting media into the bioswales.
20. Injection wells are prohibited on ,the subject property.
21. Prior to Final Site Plan approval, temporary wellhead protection signage in conformance
with SUB standards shall be placed on the site to alert contractors and subcontractors
to call 911 in the event of a release of hazardous materials. In addition, prior to
occupancy, the applicant shall install permanent wellhead protection signs to alert
employees and customers to call 911 in the event of a.release of hazardous materials.
Signs may be field-located with review staff during site inspections. Contact Amy
Chinitz at 744-3745 to purchase signs from SUB.
22. Vision clearance areas shall be maintained at each access to a public street as per SDC
4.2-130.
As noted here and stated in the Development Agreement, Section 5,17-140 of the Springfield
Development Code states:
"No building or structure shall be occupied until all improvements are made as
specified in this Section". (Development Agreements)
The site plan standards for your development have been applied fairly and nothing has changed. We are
at your service to explain and assist you as you endeavor to complete the process and open your
business. '
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However, until such time as these conditions are,met, occupancy of the property is prohibited.
. Regretably, failure to comply with the Development Agreement and this letter leaves us no recourse
but to initiate Code Enforcement action.' .
Sincerely,
~ ~~ --rxw V~
Lissa Davis
Planner II
Urban Planning
cc: Jim Donovan, Urban Planning Supervisor'
,
Code Enforcement
!!.uildingIAddress:~u.e' .
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