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HomeMy WebLinkAboutNotice PLANNER 4/14/2008 . . ~~ AFFIDAVIT OF SERVICE Date ReceiVed:~ Planner: MEM STATE OF OREGON } } SS. County of Lane } I, Brenda Jones, being first duly sworn, do hereby depose and say as follows: 1. I state that I am a Secretary for the Planning Division of the Development , Services Department, City of Springfield, Oregon. 2. I state that in my capacity as Secretary, I prepared and caused to be mailed copies of Notice of Decision, A-3 Academy of Arts & Academics DRC2008-00018 (See attachment "A") on Apri/14, 2008 addressed to (see Attachment "B"), by causing said letters to be placed in a U.S. mail box with postage fully prepaid thereon. Brenda Jones Planning Secretary STATE OF OREGON, County of Lane ~ ~ /4 , 2008 Personally appeared the above named Brenda Jones, . S retary, who acknowledged the foregoing instrument to be their voluntary act. Before me: OFFICIAL SEAL SANDRA MARX . NOTARY PUBLIC - OREGON COMMISSION NO. 385725 MY COMMISSION EXPIRES NOV. 12.2008 ~ff1JMf My Commission Expires: /1/;;?"/2()b'6 I I . City of Springfield Development Services Department 225 Fifth Street Springfield, OR 97477 SITE PLAN REVIEW Staff Report & Decision . Project Name: A-3 Academy of Arts & Academics Expansion Project Proposal: Remodel existing building and construct a 7,500 sf addition and associated site development Case Number: DRC2008-00018 Project Location: 615 Main Street 17-03-35-31, TLs 9200,9300 & 9400 Zoning: Mixed-Use Commercial (MUC) Overlay District(s): Nodal Development (INDO) Applicable Refinement Plan: Downtown Refinement Plan Designation: Mixed-Use Commercial (MUC) Metro Plan Designation: Mixed-Use Commercial Pre-Submittal Meeting Date: February 29, 2008 Application Submittal Date: March 6, 2008 DRC Meeting Date: March 25, 2008 Decision Issued Date: April 14, 2008 , .' "l ..'i1~!lliifijll : . I.JJ~:! .Bi! ~ '.J ---t -. - -..- -...... :~-II ,.: - . _. lijjj'~~lR-I: -. f .. 't' ,....; - -I"~ '....~-. '. -, ~- ~~ .~~ : -,-- I. p" II!!! 1,'1- ,... .,'" ... : .~: L~~~~,: ~. ~ ~. _ 'h~. ... Recommendation: Approval with Conditions Appeal Deadline Date: April 29, 2008 Associated Applications: ZON2008-00009 (DIM), PRE2008-00015 (Pre-Submittal) DEVELOPMENT REVIEW COMMITTEE -_.~ . .. -.. - ~.,~~ -~. ,., ,. POSITION REVIEW OF NAME PHONE Planner II Land Use Plannina Mollv Markarian 726-4611 Transportation Plannina Enaineer Transportation Garv McKenney 726-4585 Public Works Enaineer in Trainina Utilities, Sanitary & Storm Sewer Jesse Jones 736-1036 Deputv Fire Marshal Fire and Life Safetv Gilbert Gordon 726-2293 Engineering Technician SUB Electric Utilities Tony Talbot 726-2395 Civil Enaineer SUB Water Utilities Rebecca Templin 726-2396 Interim Area 5 Reaion Planner ODOT Facilities David Helton 726-2552 APPLICANT'S DEVELOP.MENT.REVIEW TEAM .~.- .. - ,. Owner Applicant's Representative Stephen Barrett, Deputy Superintendent Rene Fabricant, P.E., S.E. Springfield School District #19 Branch Engineering, Inc. 525 Mill Street 310 Fifth Street Springfield, OR 97477 Sprinafield, OR 97477 Case No. DRC2008-00018 1 of 17 . . DECISION This staff report and decision grants approval with conditions to the subject application, as of the date of this decision. The standards of the Springfield Development Code (SDC) applicable to each criterion of approval are listed herein and are satisfied by the submitted plans and notes (see Appendix A) unless specifically noted in this decision with findings and conditions necessary for compliance. The Final Site Plan, including the landscape plan, as well as building plans, site development, and the installation of public and private improvements, must conform to the approved site plan or as conditioned herein. Any changes to the approved site plan must be approved through the Site Plan Modification application process. This is a limited land use decision made according to city code and state statutes. Unless appealed, the decision is final. Please read this document in its entirety. USES AUTHORIZED BY THIS DECISION The proposed use of this site for performing arts instruction, branch educational facilities, and I performing arts, fine arts, photography, and a/v production studios is permitted in accordance with SDC 3.2-610. No other uses are authorized by this decision. REVIEW PROCESS This application has been reviewed under the procedures listed in SDC 5.1-130, Type II Applications, and SDC 5.17-100, Site Plan Review. This application was accepted as complete on March 6, 2008, and this decision is issued on the 36th day of the 120 days permitted per ORS 227.178. COMMENTS RECEIVED Applications for Type II limited land use decisions require notification of property owners and occupants within 300 feet of the subject property and any applicable neighborhood association, allowing for a 14- day comment period on the application per SDC 5.1-130. The property owner, applicant, if different, and parties submitting written comments during the comment period have appeal rights and are mailed a copy of this decision for consideration. In accordance with SDC 5.1-130, notice was mailed to the property owners and occupants within 300 feet of the subject property on March 7, 2008. The following written comments were received during the comment period: A letter was received on March 21, 2008 from the owner of a business located at 643 Main Street. The complete transcript of the letter is made a part of this decision by reference and is available for review at the Development Services Department. In summary, the business owner expressed concerns regarding alleged existing parking problems in the vicinity of A-3 and the possible exacerbation of these alleged parking problems with the expansion of A-3. As discussed on page seven of this decision, the site is located in the Downtown Exception Area and therefore is not subject to the vehicle parking standards of the SDC. At the time the Downtown Exception Area was established, it was determined that sufficient on and off-street vehicle parking spaces existed to serve the needs of downtown uses, especially given the proximity to Springfield's primary bus station and an extensive regional network of bicycle routes. The intent of the Downtown Exception Area is to stimulate vibrant, dense re-development that is conducive to walking, bicycling, and use of public transit and not dominated by surface parking lots. As such, employees and customers frequenting downtown will not experience the convenience of the type of surface parking characteristic of strip development but rather are expected to walk a reasonable distance from the existing on and off-street parking spaces available within the downtown area to a given destination. While vehicle parking capacity in Springfield's downtown and the merits of the Downtown Exception Area may be legitimate concerns, they are not topics that fall within the Site Plan Review Criteria of Approval and therefore cannot influence the outcome of this decision. The application as submitted meets the requirements of the SDC regarding vehicle parking since the site is exempt from vehicle parking requirements. In addition, it should be noted that consistent with the intent of the Downtown Exception Area, the A-3 expansion includes the installation of 20 long-term bicycle parking spaces to Case No. DRC2008-00018 2 of 17 . . stimulate the use of bicycles as a mode of transportation, not to mention that all students are provided with free bus passes through Lane Transit District (L TD) to encourage use of public transit. SITE INFORMATION The subject property is a .35 acre (15,187 square feet), rectangular-shaped site comprised of three tax lots at the corner of Main Street and Sixth Street and is located inside the City limits. The property is relatively flat, and soils are mapped as Malabon-Urban Land Complex-76. The property is zoned and designated Mixed-Use Commercial, and land immediately surrounding the property on all sides is zoned Mixed-Use Commercial. Currently, the property contains a 6,000 square-foot building that houses A-3, along with a parking lot and gravel area. In addition, the site contains a pocket park, built in 1986 by the Downtown Association that is currently maintained by the Springfield School District, although many of the plantings and fixtures in the park are property of Willamalane. The east fa<;ade of the existing A-3 building and the west fa<;ade of the retail building adjacent to the pocket park on the east are both part of 'Art Alley' and the 'Walk of Art' in downtown Springfield. The easternmost mural ;s titled 'Growing Hops' and was painted in 1988 by local high school students to depict the history of hop farming in the area. The westernmost mural is titled 'Windows of Hope' and was painted in 2000 by Springfield High School students to honor the Year 2000 Youth Day of Caring. The proposed remodel and expansion of the existing building and associated site development will completely eliminate the existing parking and gravel area, as well as the pocket park and two murals described above. SITE PLAN REVIEW - CRITERIA SDC 5.17-125 states that an application shall be approved or approved with conditions upon determination that the criteria listed in SDC 5.17-125 A. through E, have been satisfied and that if conditions cannot be attached to satisfy the approval criteria, the application shall be denied. Criterion 1 (SeC 5.17-125 A.l 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 subject property is zoned Mixed-Use Commercial and is designated Mixed-Use Commercial by the Metro Plan diagram and the Downtown Refinement Plan. The proposed use of this site for performing arts instruction, branch educational facilities, and performing arts, fine arts, photography, and alv production studios is permitted in accordance with SDC 3.2-610. There are no applicable Plan District maps or Conceptual Development Plans for this property, and no change to the zoning designation or boundaries is proposed. Conclusion: This application satisfies Criterion 1 (SDC 5.17-125 A.). Criterion 2 (SeC 5.17-125 B.l Capacity requirements of public and private facilities, including but not limited to water and electricity; sanitary sewer and storm water 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. Finding: The Development Review Committee (DRC), including representatives from the City's Development ::;ervices Department, Public Works Department, and Fire and Life Safety Department, as well as the Springfield Utility Board (SUB) and the Oregon Department of Transportation (ODOT) Case No. DRC2008-00018 30117 . . reviewed the application, and their comments have been incorporated into the findings and conditions below. . Finding: Criterion 2 contains two categories of development standards with sub-sections. The application as submitted complies with any applicable sub-sections of the development standards unless otherwise noted with specific findings and conditions. The development standards relating to Criterion 2 include but are not limited to the infrastructure standards discussed in SDC 4.1-100, 4.2- 100, and 4.3-100: 4.2-100 Infrastructure Standards- Transportation 4.2-105 Public Streets 4.2-110 Private Streets 4.2-115 Block Length 4.2-120 Site Access and Driveways 4.2-125 Intersections 4.2-130 Vision Clearance 4.2-135 Sidewalks 4.2-140 Street Trees 4.2-145 Street Lighting 4.2-150 Bikeways 4.2-155 Pedestrian Trails 4,2-160 Accessways 4.3..100 Infrastructure Standards- Utilities 4.3-105 Sanitary Sewers 4.3.-110 Stormwater Management 4.3-115 Water Quality Protection 4.3-120 Utility Provider Coordination 4.3-125 Underground Placement of Utilities 4.3-130 Water Service and'Fire Protection 4.3-135 Major Electrical Power Transmission Lines 4.3-140 Public Easements 4.3-145 Wireless Telecommunications Systems Facilities Slreet Trees Finding: Street trees are a required public improvement, and as such, must be completed prior to development approval as per SDC 5.12-145 C. Finding: SDC 4.2-140 A. states that new street trees shall be at least two inches in caliper and shall be selected from the City Street Tree List and installed as specified in the City's Engineering Design Standards and Procedures Manual (EDSPM). Finding: SDC 4.2-140 B.1. states that existing trees may meet the requirement for street trees (i.e. trees on the City Street Tree List specified in the EDSPM) if excavation or filling for proposed development is minimized within the dripline of the tree. In addition, it states that existing street trees shall be retained as specified in the EDSPM, unless approved for removal as a condition of a development agreement. . Finding: SDC 4.2-140 B.3.c. states that whenever a property owner removes a street tree within the public right-of-way without the City's authorization, that person is responsible for reimbursing the City for the full value of the removed tree, to include replanting and watering during the two-year establishment period. Finding: EDSPM 6.02.1 states that if existing street trees are in sound condition and the Best Mammement Practices outlined in that section are employed in the field to minimize the stress of construction, the trees may be saved. Trees without adequate protection will become a liability and will die after a few years. Finding: SDC 3.2-625 D.1.b. states that in mixed-use zoning districts, required street trees shall be placed either in planter strips or in individual tree pits and that if individual tree pits are utilized, each pit shall be a minimum of 64 square feet per tree with a minimum width of 4.5 feet. Finding: SDC 3.2-625 D.3. states that in mixed-use zoning districts, irrigation systems are required to support landscaping and that drought-resistant plants are encouraged in accordance with SDC 4.4-105. Case No. DRC2008-00018 40117 . . Finding: There are two existing street trees on the Main Street frontage of the site, and the applicant has proposed planting two additional Chanticleer Pear street trees in individual tree grates/pits along the Main Street frontage and five additional Chanticleer Pear street trees in individual tree grates/pits along the Sixth Street frontage to comply with the street tree requirements outlined in SDC 4.2-140 and the EDSPM. The applicant has proposed planting three-inch caliper trees, to exceed the required minimum size of two inches in caliper, as one of the required pedestrian amenities for the site as per SDC 3.2-625 G. In addition, the applicant has proposed providing each tree with three watering pipes for deep watering. However, the tree planting details on sheet L 1 of the plan set submitted with this application indicate that the proposed tree pits do not meet the dimensional requirements of SDC 3.2- 625 D.1.b., and the applicant has not indicated who will ensure irrigation takes place in the first two years during which the trees are established. . Condition 1: Prior to Final Site Plan approval, the tree planting details on sheet L 1 of the plan set shall be updated to reflect the individual tree pit dimensional requirements of SDC 3.2-625 D.1.b. and to indicate how watering of the street trees will occur during the street tree warranty period of two years. Condition 2: Excavation or filling in the vicinity of the two existing street trees, as well as any future removal of these trees, must conform to the standards of the SDC and EDSPM, including following the Best Management Practices outlined in EDSPM 6.02.1. Condition 3: Prior to occupancy, seven Chanticleer Pear street trees (or other approved street tree from the List of Acceptable Street Trees for four to six-foot wide planter strips as listed in the EDSPM) of at least three inches in caliper shall be planted in tree grates/pits in the right-of-way along the site's Main Street and Sixth Street frontages as proposed on the Site Plan. New street trees shall be installed as specified in the SDC and EDSPM. All tree nursery tags identifying the type of street tree shall remain on the street trees until Final Site Inspection approval. Finding: As conditioned above, this application meeets the requirements of SDC 4.2-140, SDC 3.2- 625 D.1.b., and SDC 3.2-625 D.3. Sanitary Sewers Finding: SDC 4.3-105 A. states that sanitary sewers shall be installed to serve each new development within the city limits and to connect developments to existing mains. Finding: The application indicates that the existing building on the subject property is currently served by a lateral from the sanitary sewer main in the alley right-of-way to the south of the property, and the applicant has proposed serving the expanded building and trash area with a new four-inch lateral to this sanitary sewer main. Condition 4: Prior to occupancy, the site shall be serviced with private sanitary sewer laterals from the .sanitary sewer main in the alley right-of-way to the south of the subject property as depicted on the Site Plan. NOTE: Plumbing permits are required to install new private sanitary sewer laterals. Finding: Existing facilities, as well as the above condition, are adequate to meet the requirements of SDC 4.3-105 A. Storm water ManaQement Finding: SDC 4.3-110 B. states that development approval shall only be granted where the Public Works Director has determined that adequate public and/or private stormwater management systems provisions, consistent with the EDSPM, have been made. Finding: SDC 4.3-110 D. states thal.run-off from a development shall be directed to an approved stormwater management system with sufficient capacity to accept the discharge. Case No. DRC2008-00018 50117 . . Finding: SDC 4.3-110 E. states that new developments are required to employ drainage management practices that minimize the amount, rate, and quality of surface run-off into receiving streams and that promote water quality. Finding: The application indicates that the existing building on the subject property currently pipes roof run-off via a stormwater lateral to the stormwater main in the alley right-of-way to the south of the property, and the applicant has proposed piping roof run-off from the expanded building via a new stormwater lateral to this stormwater main. Condition 5: Prior to occupancy, the site shall be serviced with private stormwater laterals from the stormwater main in the alley right-of-way to the south of the subject property as depicted on the Site Plan. NOTE: Plumbing permits are required to install private storrnwater laterals. Finding: Existing facilities, as well as the above condition, are adequate to meet the requirements of SDC 4.3-110. Utility Provider Coordination Finding: SDC 4.3-120 states that all utility providers shall be responsible for coordinating utility installations with the City and the developer through the Development Review Committee or by separate written correspondence and that the developer shall be responsible for the design, installation, and cost of utility lines and facilities to the satisfaction of the utility provider. Finding: The application indicates that the subject property is currently served by SUB Electric via overhead lines from the power poles and power lines in the alley right-of-way to the south of the property and that existing overhead lines are proposed to serve the redeveloped site. The application also indicates that the existing power pole and light in the pocket park will be removed. Finding: SUB Electric has stated the existing electric service is adequate to serve the site. However, SUB stated that the applicant needs to obtain approval from the City prior to removing the existing light on the power pole in the pocket park because it is City property. Condition 6: Prior to occupancy, the applicant shall obtain all required approvals from the City and SUB prior to removing the power pole and light in the pocket park. Finding: As conditioned above, this application meets the requirements of SDC 4.3-120. Underaround Placement of Utilities Finding: The Downtown Refinement Plan Design Element states that alternative methods of lessening the negative aesthetic character of overhead electric lines in the Downtown area shall be examined and pursued by SUB, including undergrounding new service connections and 'clean-up' of overhead express feaders, and that the first priorty for such action is South A Street. The refinement plan implementation policy states that SUB shall designate the Downtown area as an undergrounding district and require new development to underground individual service lines. Finding: SDC Chapter 6 defines development as any human-made change to improved or unimproved real estate, including, but not limited to: a change in use; construction; installation or change of a structure; subdivision and partition; establishment or termination of a right of access; storage on the land; drilling and site alteration due to land surface mining, dredgin, paving, excavation, or clearing of trees and vegetation. Finding: SDC 4.3-125 states that wherever possible, all utility lines shall be placed underground. Case No. DRC200ll-{J0018 60117 . . Finding: The application indicates that power, telephone, and fiber optic utilities currently serve the subject property via above-ground lines from the utility lines and poles in the alley right-of-way to the south of. the property. The applicant has proposed maintaining the existing overhead power and telephone service lines to the site and re-routing the existing overhead fiber optic lines. Finding: As defined in the SDC, the proposal for the subject property is considered development and is therefore subject to the policies and regulations contained within the SDC and the Downtown Refinement Plan. As such, all utility lines to serve the site must be placed underground wherever possible. Condition 7: . Prior to Final Site Plan approval, the applicant shall demonstrate, to the satisfaction of the City, that all proposed plans for power, telephone, and fiber optic utility service to the site meet the undergrounding requirements of the SDC, in conformance with the policies of the Downtown Refinement Plan. In addition, prior to occupancy, all utility lines to serve the site shall be installed underground wherever possible. Finding: As conditioned above, this application meets the requirements of SDC 4.3-125. Water Service and Fire Protection Finding: SDC 4.3-130 states that each development area shall be provided with a water system having sufficiently sized mains and lesser lines to furnish an adequate water supply to the development and that fire hydrants and mains shall be installed by the developer as required by the Fire Marshall and the utility provider. Finding: The application indicates that the subject property currently receives water service via a lateral from a four-inch water main located in the right-of way north of the subject property, and the applicant proposes continuing to serve the property via this lateral. Condition 8: Prior to occupancy, the site shall be serviced with private water laterals from the water main in the right-of-way north of the subject property and water meters and backflow prevention devices located as per SUB Water standards. NOTE: Plumbing permits are required to install private water laterals. Finding: Existing facilities and the above condition are adequate to meet the requirements of SDC 4.3- 13~ . Conclusion: This applicationsatisfies Criterion 2 (SDC 5.17-125 B.) as conditioned herein. Criterion 3 15DC 5.17-125 C.I The proposed development shall comply with all applicable public and private design and construction standards contained in this Code and other applicable regulations. Finding: Criterion 3 contains four categories of development standards 'and requirements. As such, the application must comply with the development standards of SDC Chapter 4 not addressed by Criterion 3, as well as the development standards for the applicable zoning district. In addition, the application must comply with the requirements of any applicable overlay district and/or refinement plan. The application as submitted complies with the applicable development standard~ and requirements unless otherwise noted with specific findings and conditions. The development standards and requirements relating to Criterion 3 include but are not limited to the following: 3.2-600 Mixed-Use Zoning Districts 3.2-610 Schedule of Use Categories 3.2-615 Base Zone Development Standards 3.2-620 Develo ment Standards - Conflicts Case No. DRC2008-00018 70117 . . Standards and Exemptions 4.7-100 Specific Development Standards for Certain 3.2-625 Development Standards - General Uses 3.2-630 Development Standards - Specific 4.8-100 Temporary Uses 3.2-635 Phased Development Applicab/e Overlay District Applicable Refinement Plan 3.3-1000 Nodal Development Downtown Refinement Plan La'ndscaDino. Screenino & Fence Standards Finding: SDC 4.4-110 states that any refuse container or disposal area which would otherwise be visible from a pUblic street or adjacent property shall be screened from view and that wherever a required screen is adjacent to a commercial district or an arterial or collector street that.it shall be non- ml3tallic and of a subtle color to blend with surrounding vegetation. SDC 3.2-625 0.4. states that trash receptacles shall be screened from on and offsite view by placement of a solid fence or walled enclosure, from five to six feet in height. Finding: The application indicates that the trash/recycling area for the site will be screened with a eMU enclosure. Ccmdition 9: Prior to occupancy, the trash/recycling area of the site shall be screened as proposed on the Site Plan. Finding: SDC 4.4-110' states that screening shall be required for outdoor mechanical devices, and SDC 3.2-625 D. states that in mixed-use districts, all ground-mounted utility equipment not installed underground shall be placed to reduce visual impact or screened with walls or landscaping. Finding: The application does not indicate whether any outdoor mechanical devices or ground- mounted utility equipment will be located on the site. However, SUB Electric has indicated that a junction box will need to be located on the site in order to provide underground electric service to the site. Therefore, in the event that outdoor mechanical devices or ground-mounted utility equipment will be located on the site, such devices or equipment must either be installed flush to grade or be screened in accordance with the SOC. C,ondition 10: Prior to Final Site Plan approval, the applicant shall indicate on the plan set whether outdoor mechanical devices or ground-mounted utility equipment will be located on the site. All such devices or equipment shall either be installed flush to the grade or otherwise meet the screening requirements of SDC 3.2-625 D. and SDC 4.4-110. Flnding: As conditioned above, this application meets the requirements of SDC 4.4-110. On-Site Liohtino Standards Finding: The application does not indicate whether on-site lighting is proposed for the project. Condition 11: Prior to Final Site Plan approval, the applicant shall indicate on the plan set whether on- site lighting is proposed or not. All outdoor lighting shall meet the illumination and height standards of SDC4.5-110. Finding: As conditioned above, this application meets the requirements of SDC 4.5-100. Vehicle Parkino. Loadino. & Bicvcle Parkino Standards Finding: SDC 4.6-125 A. states that in the Downtown Exception Area, all lots/parcels and uses shall be exempt from the parking space requirements of this Section. Case No. DRC2008-00018 80117 . . Finding: The proposed redevelopment of the site will eliminate existing parking areas on the subject property. No new parking is required given the site's location within the Downtown Exception Area. Finding: As submitted, this application meets the requirements of SDC 4.6-125. Finding: SDC 4.6-145 states thatthe minimum number of bicycle parking spaces for each principal use is three spaces and that specific requirements are given in SDC 4.6-155. The permitted use of the site for performing arts instruction, branch educational facilities, and performing arts, fine arts, photography, and a/v production studios falls within several different categories of bicycle parking requirements. As such, the applicant has proposed providing 20 long-term bicycle parking spaces that meet the design, location, and security requirements of the SOC. Condition 12: Prior to occupancy, the applicant shall install bicycle parking on the site as proposed on the Site Plan. Finding: As conditioned above, this application meets the requirements of SDC 4.6-140 through 4.6- 155. DeveloDment Standards - General Finding: SDC 3.2-625 A. states that new structures and improvements to facades requiring building permits shall provide architectural relief and interest, with emphasis at building entrances and along sidewalks, to promote and enhance a comfortable pedestrian scale and orientation. Blank walls shall be avoided to the maximum extent practicable by complying with the minimum requirements outlined in that section. Finding: In accordance with the above cited standard, since both the new addition, as well as the modifications to the existing building, will require building permits, the standards of SDC 3.2-625 A. shall apply to all visible facades of the A-3 building. Finding: SDC 3.2-625 A.7 allows for some flexibility in design to meet the intent of 3.2-625 A. and as such, states that the proposal may contain an equally good or superior way to achieve the intent of A.1. through A.6. Finding: SDC 3.2-625 A.1. states that ground Jloor windows shall be required for all civic and commercial uses and that all elevations of buildings abutting any street shall provide at least 50% of their length and at least 25% of the ground floor wall area as windows and/or doors that allow views into lobbies, merchandise displays, or working areas. On corner lots/parcels, this provision applies to both elevations. The Exception to this standard states that elevations of buildings adjacent to alleys are exempt from this requirement. Finding: Sheet A 1 of the plan set submitted with this application states that 76% of the length of the building and 27% of the ground floor wall area are provided with windows or doors. However, it appears that only the north elevation of the new addition was used to calculate these figures. Therefore, documentation is needed to show that the entire north elevation, as well as the west and south elevations of the building, meet the intent of SDC 3.2-625 A.1. Finding: Back of the envelope calculations conducted by City staff indicate that using the entire length and ground floor wall area of the north elevation would still result in a design that meets the standards of SDC 3.2-625 A.1., but architectual documentation is needed prior to final approval. Finding: Back of the envelope calculations conducted by City staff indicate that only approximately 35% of the length and 14% of the ground floor wall area of the south fal(ade includes windows and/or doors that allow views. However, the south fal(ade is adjacent to an alley, and may thus be considered exempt from this standard. Case No. DRC2008-00018 90117 . . Finding: In accordance with SDC 3.2-625 A., since the A-3 site includes a corner parcel and building permits are required for both the new addition and the remodel of the existing building, the west ele~vation must also meet the standards and intent of SDC 3.2-625 A.1. Finding: To comply with SDC 3.2-625 AA. relating to architectural elements and features, as well as to comply with 3.2-625 G. relating to pedestrian amenities, the applicant has proposed painting a mural on the west elevation. Given that the intent of SDC 3.2-625 A. is to promote and enhance a comfortable pedestrian scale and orientation and to avoid blank walls, the mural can be considered an equally good or superior way to achieve the intent of SDC 3.2-625 A.1. as allowed per SDC 3.2-625 A.'7., as long as the mural meets the dimensional standards of SDC 3.2-625 A.1. Condition 13: Prior to Final Site Plan approval, the applicant shall adjust the chart on sheet A1 of the plan set to include accurate calculations of the percentage of the length of the building and the percentage of the ground floor wall area that are provided with windows or doors that allow views for the entire north, west, and south elevations. Applicable exemptions to these calculations for the west and south elevations as discussed in the findings above shall be noted in this chart, as well. In addition, the applicant shall include a note on the chart stating that the proposed mural on the east elevation will be painted to meet the dimensional standards of SDC 3.2-625 A.1. to the extent practical to comply with the standards of SDC 3.2-625 A.1. Finding: As conditioned above, this application meets the requirements of SDC 3.2-625 A.1. Finding: SDC 3.2-625 A.3. states that along the vertical face of a structure, offsets shall occur at a minimum of every 50 feet by providing at least one of the following: a. Recesses, including, but not limited to,.entrances and floor area with a minimum depth of four feet; b. Extensions, including, but not limited to, entrances and floor area with a minimum clearance of four feet, a minimum depth of four feet, and a'maximum length of an overhang shall be 25 feet; c. Offsets or breaks in roof elevation with a minimum of three feet or more in height. Finding: Sheet A 1 of the plan set submitted with this application states that the applicant proposes meeting the above-stated standard with one recess of 14' 8" in depth at the main entrance to the building. Subsequent discussions with the applicant indicate that this recess extends to the roofline. If this recess does indeed extend to the roofline, the proposed offset meets the dimensional intent of SDC 3.2-625 A.3. However, only the north elevation of the new addition was used to meet the requirements of SDC 3.2-625 A.3. As discussed above, since improvements to the falfade of the existing building will require building permits, the entire north falfade of approximately 124 feet in length must be considered in meeting the standards of SDC 3.2-625 A.3. Therefore, a minimum of two offsets must be provided to meet the intent of SDC 3.2-625 A.3. . Condition 14: Prior to Final Site Plan approval, the applicant shall adjust the chart on Sheet A 1 of the plan set to' confirm that the proposed recess at the main entrance will extend along the entire vertical face of the building. In addition, prior to Final Site Plan approval, the applicant shall indicate the location and type of the additional offset required to meet the numerical requirements of SDC 3.2-625 A.3. and the intent of this standard to provide architectural relief and interest in an equally good or superior way to the options outlined in SDC 3.2-625 A.3.a. through c. Finding: As conditioned above, this application meets the requirements of SDC 3.2-625 A.3. Finding: SDC 3.2-625 C. states that requiring awnings and canopies is intended to protect pedestrians from the weather and to add architectural interest to buildings and that new commercial development shall provide a weather protected area adjacent to sidewalks. Finding: SDC 3.2-625 C.6. allows for some flexibility in design to meet the intent of 3.2-625 C. and as such, states that the proposal may contain an equally good or superior way to achieve the intent of C.1. through C.5. Case No. DRC2008-00018 10 of 17 . . Finding: SDC 3.2-625 C.1. states that awnings or canopies shall be at least six feet wide and shall follow building offsets to eliminate long expanses of awnings and/or canopies. SDC 3.2-625 C.3. states that awnings and canopies shall be in proportion to the overall building and shall match the width of the storefront or window opening. Finding: Sheets A1 and A3.3 of the plan set submitted with this application indicate that the applicant proposes meeting the aforementioned standards with a 30-foot wide canopy suspended over the central storefronUentrance to the building. In addition, an existing canopy extends approximately 35 feet wide along the west side of the north elevation. While the existing and proposed canopies meet some of the intent of the awning/canopy requirements, the proposed new canopy design results in a canopy that extends east beyond the building offset (the recessed storefront), creates a long expanse of canopy, does not address the need to provide canopies over the other storefront or window openings along the north elevation, and is not in proportion to the overall building. Condition 15: Prior to Final Site Plan approval, the applicant shall alter the proposed canopy design to meet the requirements of SDC 3.2-625 C.1. and C.3. and the intent of SDC 3.2-625 C. in an equally good or superior way to the options outlined in SDC 3.2-625 C.1. through C.5. to the satisfaction of the City. Alternatively, prior to Final Site Plan approval, the applicant shall provide justification to the satisfaction of the City that the current proposed canopy design meets the requirements of SDC 3.2- 625 C.1. and C.3. and the intent of SDC 3.2-625 C. in an equally good or superior way to the options outlined in SDC 3.2-625 C.1. through C.5. Finding: As conditioned above, this application meets the requirements of SDC 3.2-625 C. Finding: SDC 3.2-625 G. states that to provide appropriate pedestrian amenities in mixed-use developments, pedestrian amenities, including but not limited to benches, ornamental paving, and public art shall be provided and durably designed and integrated into an overall design scheme or . pattern . Finding: SDC 3.2-625 G.1. states that all new structures and substantial improvements to existing buildings shall provide pedestrian amenities and that structures and improvements in the range of 10,000 to 50,000 square feet, within which the subject development falls, shall provide a minimum of three pedestrian amenities. SDC 3.2-625 G.2. outlines the acceptable pedestrian amenities, and SDC 3.2-625 G.3. discusses guidelines for the siting, construction, and character of such amenities. Finding: SDC 3.2-625 G.3.c. states that materials used in constructing pedestrian amenities shall be suitable for outdoor use, easily maintained, and have at least a 1 O-year expected service life. Finding: Sheet A 1 of the plan set submitted with this application indicates that the applicant proposes meeting the aforementioned pedestrian amenity standards by providing street tree density more extensive than that required by the SDC (i.e. providing seven instead of the five required street trees), installing three-inch caliper size trees to fulfill street tree requirements, and painting a new mural with a value of $20,000 on the west fal(ade of the existing A-3 building. Condition 16: Prior to Final Site Plan approval, the applicant shall provide documentation that a mural valued at $20,000 is greater than or equal to one percent of the construction value of the development. In addition, prior to Final Site Plan approval, the applicant shall provide a basic, preliminary pro forma for the mural project to demonstrate that the mural is actually valued at $20,000. Condition 17: Prior to Final Site Plan approval, the applicant shall certify that the materials used to paint the mural will be suitable for outdoor use and that the mural will be painted and maintained so as to provide at least a 10-year service life in conformance with SDC 3.2-625 G.3.c. Condition 18: Prior to occupancy, the applicant shall install the required pedestrian amenities for the site as proposed on the Site Plan and as conditioned herein. In the event that the mural cannot be completed prior to occupancy, the applicant shall meet the security and assurances requirements Case No. DRC2008-00018 11 of 17 . . stipulated in SDC 5.17-150 and shall install the mural during the first dry season following issuance of Temporary Occupancy. . Finding: As conditioned above, this application meets the requirements of SDC 3.2-625 G. Conclusion: This application satisfies Criterion 3 (SDC 5.17-125 C.) as conditioned herein. Criterion 4 (SDC 5.17-125 D.l 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 area and to adjacent residential areas, transit stops, neighborhood activity centers, and commercial, industrial and public ama"s; minimize driveways on arterial and collector streets as specified in this Code or other applicable regulations and comply with the ODOT access management standards for State highways. Finding: The DRC, including representatives from the City's Public Works Department, reviewed the application, and their comments have been incorporated into the findings and conditions below. Finding: The proposed redevelopment of the site will eliminate existing parking areas and ingress- egress points on the subject property. No new parking or ingress-egress points are required since the subject property is within the Downtown Exception Area as discussed under Criterion 3 above. Conclusion: This application satisfies Criterion 4 (SDC 5.17-125 D.). Criterion 5 (SDC 5.17-125 E.l Physical features, including, but not limited to: steep slopes with unstable soil or geologic conditions; areas with susceptibility of flooding; significant clusters of trees and shrubs; watercourses shown on the WQLW Map and their associated riparian areas; wetlands; rock outcroppings; open spaces; and areas 01 historic and/or archaeological significance, as may be specified in Section 3.3-900 or ORS 97.74()'" 760, 358.905-955 and 390.235-240, shall be protected as specified in this Code or in State or Federal law. Finding: During the Development Issues Meeting (DIM) for the subject development proposal, Willamalane stated that while the proposed development would eliminate an important open space in downtown Springfield that is valued by downtown residents and employees, there are no features in the park that need to be preserved or protected for their open space value. However, Willamalane stated that several of the plantings and fixtures in the pocket park are property of Willamalane. Condition 19: Prior to Final Site Plan approval, the applicant shall coordinate with Willamalane regarding the removal of any Willamalane-owned plantings or fixtrues from the pocket park, including providing written documentation of such coordination. Finding: During the Development Issues Meeting (DIM) phase of this project, the Springfield Arts Commission City staff contact stated that there were no features in the two murals that would be eliminated as part of the proposed development that needed to be preserved or protected. However, she stated that the Springfield Arts Commission would want to document and/or photograph both existing murals. Condition 20: Prior to Final Site Plan approval, the applicant shall coordinate with the Springfield Arts Commission regarding their desire to document the existence of the two murals on either side of pocket park, including providing written documentation of such coordination. Finding: The Metro Plan and any applicable refinement plans, Water Quality Limited Watercourses Map, State Designated Wetlands Map, Hydric Soils Map, Natural Resources Map, Wellhead Protection Zone Map, FEMA Maps, Willamalane Park and Recreation Comprehensive Plan, and the list of Historic landmark sites have been consulted, and there are no features needing to be protected or preserved on the .subject property. Case No. DRC2008-00018 120117 . . Finding: If any historic or archaeological artifacts are discovered during construction, ORS 97.740- 760, 358.905-955, and ORS 390.235-240 may apply. If any human remains are discovered during construction, it is a Class C felony to proceed under ORS 97.745. Conclusion: This application satisfies Criterion 5 (SDC 5.17-125 E.) as conditioned herein. SUMMARY OF CONDITIONS OF APPROVAL NOTE: This summary of the conditions of approval is provided as a courtesy to the applicant. The applicant should, however, carefully read the decision in its entirety to understand the basis for each condition. In addition, as stated earlier, the applicant must comply with the entire decision, and the Final Site Plan, including the landscape plan, as well as building plans, site development, and the installation of public and private improvements, must conform to the approved site plan or as conditioned herein. 1. Prior to Final Site Plan approval, the tree planting details on sheet L 1 of the plan set shall be updated to reflect the individual tree pit dimensional requirements of SDC 3.2-625 D.1.b. and to indicate how watering of the street trees will occur during the street tree warranty period of two years. 2. Excavation or filling in the vicinity of the two existing street trees, as well as any future removal of these trees, must conform to the standards of the SDC and EDSPM, including following the Best Management Practices outlined in EDSPM 6.02.1. 3. Prior to occupancy, seven Chanticleer Pear street trees (or other approved street tree from the List of Acceptable Street Trees for four to six-foot wide planter strips as listed in the EDSPM) of at least three inches in caliper shall be planted in tree grates/pits in the right-of-way along the site's Main Street and Sixth Street frontages as proposed on the Site Plan. New street trees shall be installed as specified in the SDC and EDSPM. All tree nursery tags identifying the type of street tree shall remain on the street trees until Final Site Inspection approval. 4. Prior to occupancy, the site shall be serviced with private sanitary sewer laterals from the sanitary sewer main in the alley right-of-way to the south of the subject property as depicted on the Site Plan. NOTE: Plumbing permits are required to install new private sanitary sewer laterals. 5. Prior to occupancy, the site shall. be serviced with private stormwater laterals from the stormwater main in the alley right-of-way to the south of the subject property as depicted on the Site Plan. NOTE: Plumbing permits are required to install private stormwater laterals. 6. Prior to occupancy, the applicant shall obtain all required approvals from the City and SUB prior to removing the power pole and light in the pocket park. 7. Prior to Final Site Plan approval, the applicant shall demonstrate, to the satisfaction of the City, that all proposed plans for power, telephone, and fiber optic utility service to the site meet the undergrounding requirements of the SDC, in conformance with the policies of the Downtown Refinement Plan. In addition, prior to occupancy, all utility lines to serve the site shall be installed underground wherever possible. 8. Prior to occupancy, the site shall be serviced with private water laterals from the water main in the right-of-way north of the subject property and water meters and backflow prevention devices located as per SUB Water standards. NOTE: Plumbing permits are required to install private water laterals. Case No. ORC2008-00018 130117 . . 9. Prior to occupancy, the trash/recycling area of the site shall be screened as proposed on the Site Plan. 10. Prior to Final Site Plan approval, the applicant shall indicate on the plan set whether outdoor mechanical devices or ground-mounted utility equipment will be located on the site. All such devices or equipment shall either be installed flush to the grade or otherwise meet the screening requirements of SDC 3.2-625 D. and SDC 4.4-110. 11. Prior to Final Site Plan approval, the applicant shall indicate on the plan set whether on-site lighting is proposed or not. All outdoor lighting shall meet the illumination and height standards of SDC 4.5-110. 12. Prior to occupancy, the applicant shall install bicycle parking on the site as proposed on the Site Plan. 13. Prior to Final Site Plan approval, the applicant shall adjust the chart on sheet A 1 of the plan set to include accurate calculations of the percentage of the length of the building and the percentage of the ground floor wall area that are provided with windows or doors that allow views for the entire north, west, and south elevations. Applicable exemptions to these calculations for the west and south elevations as discussed in the findings above shall be noted in this chart, as well. In addition, the applicant shall include a note on the chart stating that the proposed mural on the east elevation will be painted to meet the dimensional standards of SDC 3.2-625 A.1. to the extent practical to comply with the standards of SDC 3.2-625 A.1. 14. Prior to Final Site Plan approval, the applicant shall adjust the chart on Sheet A1 of the plan set to confirm that the proposed recess at the main entrance will extend along the entire vertical face of the building. In addition, prior to Final Site Plan approval, the applicant shall indicate the location and type of the additional offset required to meet the numerical requirements of SDC 3.2-625 A.3. and the intent of this standard to provide architectural relief and interest in an equally good or superior way to the options outlined in SDC 3.2-625 A.3.a. through c. 15. Prior to Final Site Plan approval, the applicant shall alter the proposed canopy design to meet the requirements of SDC 3.2-625 C.1. and C.3. and the intent of SDC 3.2-625 C. in an equally good or superior way to the options outlined in SDC 3.2-625 C.1. through C.5. to the satisfaction of the City. Alternatively, prior to Final Site Plan approval, the applicant shall provide justification to the satisfaction of the City that the current proposed canopy design meets the requirements of SDC 3.2-625 C.1. and C.3. and the intent of SDC 3.2-625 C. in an equally good or superior way to the options outlined in SDC 3.2-625 C.1. through C.5. 16. Prior to Final Site Plan approval, the applicant shall provide documentation that a mural valued at $20,000 is greater than or equal to one percent of the construction value of the development. In addition, prior to Final Site Plan approval, the applicant shall provide a basic, preliminary pro forma for the mural project to demonstrate that the mural is actually valued at $20,000. 17. Prior to Final Site Plan approval, the applicant shall certify that the materials used to paint the mural will be suitable for outdoor use and that the mural will be painted and maintained so as to provide at least a 10-year service life in conformance with SDC 3.2-625 G.3.c. 18. Prior to occupancy, the applicant shall install the required pedestrian amenities for the site as proposed on the Site Plan and as conditioned herein. In the event that the mural cannot be completed prior to. occupancy, the applicant shall meet the security and assurances requirements stipulated in SDC 5.17-150 and shall install the mural during the first dry season following issuance of Temporary Occupancy. Case No. ORC2008-00018 14 of 17 ,(.. . . 19. Prior to Final Site Plan approval, the applicant shall coordinate with Willamalane regarding the removal of any Willamalane-owned plantings or fixtrues from the pocket park, including providing written documentation of such coordination. 20. Prior to Final Site Plan approval, the applicant shall coordinate with the Springfield Arts Commission regarding their desire to document the existence of the two murals on either side of pocket park, including providing written documentation of such coordination. . . CONCLUSION The application, as submitted and conditioned herein, complies with the five criteria listed in SDC 5.17- 125 A. through E. The site plan approved as submitted and conditioned herein may not be substantively changed. . Any changes to the approved site plan must be approved through the Site Plan Modification application process in accordance with SDC 5.1.7-145. WHAT NEEDS TO BE DONE? Final Site Plan SDC 5.17-135 A. states that within 90 days of an affirmative site plan review decision, a complete Final Site Plan shall be submitted to the Development Services Department. Therefore, the applicant has until 5:00pm on July 13, 2008 to meet the SDC standards and the conditions of approval contained herein and to submit a Final Site Plan application. Please refer to the Final Site Plan application packet available at the Development Services Department for more detailed information on the Final Site Plan application submittal requirements and review process. Please note that the Final Site Plan, including the landscape plan, as well as building plans, site development, and the installation of public and private improvements, must conform to the approved site plan or as conditioned herein. Therefore, the applicant may, at hislher own risk, submit construction or building plans. However, all concurrent submittals are subject to revision for compliance with the final site plan. A Development Agreement will not be issued until all plans submitted by the applicant have been revised. Conflicting plans cause delays. Develooment Aareement SDC 5.17-140 states that to complete the Site Plan Review process, a Development Agreement shall be prepared by the Director to be signed by the applicant. The purpose of the Development Agreement is to ensure that the terms and conditions of Site Plan Review approval are understood and binding upon both the applicant and the City. The Development Agreement and Final Site Plan approval are valid for two years from the date the Development Agreement is signed. If construction does not begin within this timeline, both the Final Site Plan and the Development Agreement shall become null and void. However, one extension, not to exceed one year may be granted by the Director upon receipt of a written request by the applicant, including an explanation of the delay. Please note that building permits will not be issued until the Development Agreement is signed by the applicant. Furthermore, no building or structure shall be occupied until all improvements are made as specified in 5.17-100. Final Site Insoection SDC 5.17-140 D. states that upon completion of site development, the City shall conduct a Final Site Inspection. Please call the Planner to schedule the Final Site Inspection. Upon satisfactory Final Site Inspection, final building inspections may occur, public facilities and services may be provided, and a Certificate of Occupancy can be issued. Case No. DRC2008-00018 15 of 17 . . ADDITIONAL INFORMATION The application, all documents, and supporting evidence are available for free inspection (copies are available for a fee) at the Development Services Department. APPEAL This decision is considered a Director's Type II decision and as such, may be appealed to the Planning Commission. SDC 5.3-115 states that only the property owner, applicant, if different, and those persons who submitted written comments within the 14-day comment period have standing to appeal this decision. SDC 5.3-11.5 also states that an appeal application in accordance with 5.3-100 shall be filed with the Development Services Department within 15 calendar days of the Director's decision (the date of this decision). In accordance with this policy and the Oregon Rules of Civil Procedures, Rule 10(c), the appeal period for this decision expires at 5:00pm on April 29, 2008. QUESTIONS Please call Molly Markarian in the Development Services Department Planning Division at 726-4611 or email heratmmarkarian@ci.springfield.or.usif you have any questions. PREPARED BY Molly Markarian Planner II Urban Planning Section Case No. DRC2008-00018 160117 APPENDIX A In . . ...a. 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Stephen Barrett, Deputy Superintendent Springfield School District #19 525 Mill Street Springfield, Oregon 97477 Rene Fabricant, PE, SE Branch Engineering, Inc. .310 Fifth Street Springfield, Oregon 97477 MENT SERVICES G DEPARTMENT . STREET ELD, OR 97477 SPR'NOA'COiijt ~;J;II"{~ii/~9');/~~']"~ MENT SERVICES - G DEPARTMENT . STREET ELD, OR 97477 Jeff Thurn %North Star Coin & Jewelry 643 Main Street Springfield, Oregon 97477 Galen Ohmart % Colarc 223 W. 12th Avenue Eugene, Oregon 97401 .