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HomeMy WebLinkAboutNotice PLANNER 6/29/2009 ~ I ~ \ . . ~~ AFFIDAVIT OF SERVICE RECEIVED STATE OF OREGON) )ss. County of Lane ) JUN 2 9 2009 By:l1fl1J~-l d's )y~ I oflb ra-r I, Karen LaFleur; being first duly sworn, do hereby depose and say as follows: 1. I state that I am a Program Technician for the Planning Division of the Development Services Department, City of Springfield, Oregon. 2. I state that in my capacity as, Program Technician, I prepared and caJlsed to be - ~A. mailed copies Of!lfia.l ~ "/);hAuJY1 DRe;'OOq-coo:V J ~.~ -A-<A-f~tt (See attachment "A") n (p /:;c q . 2009 addressed to (see 'YI('tftYL Attachment B"), by causing said letters to be placed in a U.S. mail box with postage fully prepaid thereon. ~ ~AjH>>\ KA EN LaFLEUR STATE OF OREGON, County of Lane 2009. Personally appeared the above named Karen LaFleur, P gram Technician, who acknowledged the foregoing instrument to be their voluntary act. Before me: zq . OFFICIAL SEAL DEVETTE KELLY NOTARY PUBLIC. OREGON COMMISSION NO. 420351 MY COMMISSION EXPIRES AUG. 15. 2011 ~,r~ My Commission Expires: '6/;'0/ II I . Date Received: 6/.J.9/-Jn'f Planner: AL / / . . TYPE II MAJOR SITE PLAN MODIFICATION, STAFF REPORT & DECISION Project Name: International Paper Pump Station Major Site Plan Modification Project Proposal: ModifY a previously approved site plan, including installation of an underground pump facility at the McKenzie River and overhead pipe crossing of Keizer Slough . Case Number: DRC2009-00021 Project Location: ODOT Highway Right-of-way along Highway 126 and portions of International Paper Site at 801 42nd Street (Assessor's Map 17-02-29-00, TaX Lots 2903 and 3100) Zoning: Heavy Industrial (HI) Metro Plan Designation: Heavy Industrial (HI) Pre-Submittal Meeting Date: May 15, 2009 Application Snbmitted Date: May 26, 2009 Decision Issued Date: June 29, 2009 Appeal Deadline Date: July 14,2009 Associated Applications: DRC2006-00015; DRC2008-00006; PRE2009-00013 APPLICANT'S DEVELOPMENT REVIEW TEAM Applicant: Civil Engineer: Loren Leighton International Paper Company 801 42nd Street Springfield, OR 97478 Gary Thornt<;m BreshearsfThornton Engineering Consultants 21268 Hwy 99E P.O. Box 370 Aurora, OR 97002 CITY OF SPRINGFIELD'S DEVELOPMENT REVIEW TEAM ;0 ~., .. , NAME And Limbird Jon Driscoll CIa on McEachern CIa on McEachern Gilbert Gordon Dave Puent PHONE 726-3784 726-3679 736-1036 736-1036 726-2293 726-3668 ';,. .... Date Received: ~ /.; 9/ J.uo9 Planner: AL I I . . Site Information: The subject development area is a portion of Oregon Department of Transportation (ODOT) Highway 126 right- of-way adjacent to the McKenzie River, and a portion of the developed International Paper plant site at 801 42nd Street (Assessor's Map 17-02-29-00, Tax Lots 2903 and 3100). Zoning for the plant site is Heavy Industrial according to the Springfield Zoning Map, and the site is designated Heavy Industrial (HI) in the Metro Plan Diagram and the East Main Refinement Plan. The areas to the north of the project site include the active channel of the McKenzie River and rural properties lying outside the Springfield urban growth boundary (UGB). The subject site is adjacent to the McKenzie River and the Keizer Slough, which are identified as Water Quality Limited Watercourses. The development site also falls within a FEMA 100 year flood zone. The subject property is within the 0-1 year Time of Travel Zone (TOTZ) for. the Weyerhaeuser drinking water wellheads, and therefore provisions of the Drinking Water Protection Overlay District, SDC 3.3-200 are applicable to this development. The subject area has been developed with a four lane divided state highway with twinned bridges crossing the Keizer Slough, and an operating paper board manufacturing plant with ancillary facilities. A Final Site Plan Equivalent Map was approved for the paper board plant (then under Weyerhaeuser ownership) in 2006. The site plan was subsequently modified to accommodate a new on-site pump station and water intake pipeline from the McKenzie River (DRC2008-00006).. Installation of a fish screen and intake located below the normal water level of. the McKenzie River was completed through a joint US Army Corps of Engineers and Oregon Depl!rlment of State Lands permit obtained in 2006; the work was completed in September, 2008. The applicant obtained necessary land use approvals to construct a dedicated water pipeline between the river intake and an on-site pump station, with a directional bore for the water pipeline under the ODOT highway right-of-way and Keizer Slough. Drilling work was initiated during low flow periods in the summer of 2008. Due to technical complications, the directional bore for the water pipeline was abandoned and the applicant revised the project to pump water from the river intake to the plant site. According to the applicant's submittal, approval of this proposal would allow modification of the existing site plan as follows: . Installing an underground vault for water pumps on the south bank of the McKenzie River; . Installing approximately 490 linear feet of buried 36-inch pipe between the pumps and a support piling at the north edge of the Keizer Slough; . . Installing a approximately 153 linear feet of elevated 36-inch steel pipe set on support piers above the 500 year flood level of the Keizer Slough; . Installing approximately 1,100 linear feet of buried 36-inch pipe between the Keizer slough elevated crossing and the plant tie-in point; . Constructing a new substation building on the plant site for the pump system controls; and . Rehabilitating the affected riparian areas, including the McKenzie River and Keizer Slough banks. . DECISION: This decision grants Tentative Site Plan Modification Approval. The standards of the Springfield Development Code (SDC) applicable to each criterion of Site Plan Modification Approval are listed herein and are satisfied by the submitted plans unless specifically noted with findings and conditions necessary for compliance. Final Site Plans must conform to the submitted plans as conditioned herein. 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 carefully. ) See Page 12 for a summary of the conditions of approval. OTHER USES AUTHORIZED BY THE DECISION: None. Future development 'will be in accordance with the provisions of the Springfield Development Code, filed easements and agreements, and all applicable local, state and federal regulations. '. :", , . "-1 ..' Date Received: Planner: AL t4~47 / Page 2 of 14 . . REVIEW PROCESS: This application is reviewed under Type n procedures listed in Springfield Development Code Section 5.1-130, the site plan review criteria of approval SDC 5.17-125, and provisions for site plan modifications SDC 5.17-145. The subject application was accepted as complete on May 26, 2009. This decision is issued on the 34th day of the 120 days mandated by the State. Procedural Finding: Applications for Limited Land Use Decisions require the notification of property owners/occupants within 300 feet of the subject property allowing for a 14-day comment period on the application (SDC Sections 5.1-130 and 5.2-115). The applicant and parties submitting written comments during the notice period have appeal rights and are mailed a copy of this decision for consideration (See Written Comments below and Appeals at the end of this decision). Procedural Finding: On June 16, 2009, the City's Development Review Committee reviewed the proposed plans (21 Sheets - Breshears/Thornton Engineering Consultants, Sheets SOOO-S004, S006-S009 and S022-S030, dated 3/12/2009; and CC Peterson Engineering, Sheets KGS-262-D, KGS-263-D, KGS-264-D and KGS-265-D dated 8/6/2008 and 8/12/2008) and supporting information. City staff's review comments have been reduced to [mdings and conditions only as necessary for compliance with the Site Plan Review criteria of SDC 5.17-125. Procedural Finding: In accordance with SDC 5.17-125 to 5.17-135, the Final Site Plan shall comply with the requirements of the SDC and the conditions imposed by the Director in this decision. The Final Site Plan otherwise shall be in substantial conformity with the tentative plan reviewed. Portions ofthe proposal approved as submitted during tentative review carmot be substantively changed during Final Site Plan approval. Approved Final Site Plans (including Landscape Plans) shall not be substantively changed during Building Permit Review without an approved Site Plan Modification Decision. WRITTEN COMMENTS: Procedural Finding: In accordance with SDC 5.1-130 and 5.2-115, notice was sent to adjacent property owners/occupants within 300 feet of the subject site on May 27, 2009. No written comments were received. CRITERIA OF SITE PLAN APPROVAL: SDC 5.17-125, Site Plan Review Standards, Criteria of Site Plan Approval states, "the Director shall approve, or approve with conditions, a Type II Site Plan Review Application upon determining that criteria A through E of this Section have been satisfied. If conditions carmot be attached to satisfY the criteria, the Director shall deny the application." A. The zoning is consistent with the Metro Plan diagram, and/or the applicable Refinement Plan diagram, Plan District map, and Conceptual Development Plan. Finding I: The site is currently roned Heavy Industrial (HI) according to the City's Zoning Map and is designated Heavy Industrial (HI) on the adopted Eugene-Springfield Metro Area General Plan ("Metro Plan") and the East Main Refinement Plan. Finding 2: The existing site development is consistent with uses listed in the ill District, and the applicant is not proposing to change the roning or land use designation for the site. Conclusion: This proposal satisfies Criterion A. B. Capacity requirements of public improvements, including but not limited to, water and electricity; sanitary sewer and stormwater management facilities; and streets and traffic safety controls shall not be exceeded and the puhlic improvements shall be availahle to serve the site at the time of development, unless otherwise provided for by this Code and other applicable regulations. The Puhlic Works Director or a utility provider shall determine capacity issues. "'''''0 . . . . Date Heceived: Planner: AL th1JW- / Page 3 of 14 . . Finding 3: Approval of this proposal would allow for construction of an underground pump station on the south bank of the McKenzie River, a 36-inch HDPE and steel water pipeline with overhead crossing of the Keizer Slough, and a ,"350 ft' control building on the plant site. The project includes provision for rehabilitation of the disturbed banks ide areas of the McKenzie River and Keizer Slough. Finding 4: For all public improvements, the applicant shall retain a private professional civil engineer to design the site improvements in conformance with City codes, this decision, and the current Engineering Design Standards and Procedures Manual (EDSPM). The private civil engineer also shall be required to provide construction inspection services. Finding 5: The Development Review Committee reviewed the proposed site plan and the surrounding public services on June 16,2009. City and agency staff's review comments have been incorporated in fmdings and conditions contained herein. Water and Electricity Improvements Finding 6: SDC 4.3-130 requires each development area to be provided with a water system having sufficiently sized mains and lesser lines to furnish adequate supply to the development and sufficient access for maintenance. Springfield Utility Board (SUB) coordinates the design of the water system within Springfield city limits. In this case, the project is intended to secure a supply of raw process water for plant operations. Finding 7: SDC 4.3-125 states, "W\ierever possible, utility lines shall be placed underground." Finding 8: The developer is not proposing to change the electrical or telecommunication lines already serving the development site. The water pipeline and conduit ducts for electricaVtelecommunication lines are proposed to be placed underground in accordance with SDC 4.3-125, with the exception of the portion crossing the Keizer Slough channel. Finding 9: The existing power supply from the plant is sufficient to serve the proposed underground water pumps and substation/control building. Conclusion: As proposed, water and electrical facilities are available to serve the site and the proposal satisfies this sub-element of the criterion. Sanitary Sewer and Stormwater Management Facilities SanitarY Sewer Finding 10: Section 4.3-105.A of the SDC requires that sanitary sewers shall be installed to serve each new development and to connect developments to existing mains. Additionally, .installation of sanitary sewers shall provide sufficient access for maintenance activities. Finding 11: Section 4.3-105.C of the SDC requires that proposed sewer systems shall include design consideration of additional development within the area as projected by the Metro Plan. Finding 12: The existing plant has an on-site water treatment facility for plant process water. Additionally, the plant site is connected to City sewer. The proposed development does not contain an occupied space, and there are no restroom or storage facilities within the substation building. For this reason, extension of sanitary sewer lines to serve the development area is not required. ........ Date Received:#e1J~- Planner: AL . Page 4 of 14 . '- . Stormwater Management (Quantity) Finding 13: SDC 4.3-110.B requires that the Approval Authority shall grant development approval only where adequate public and/or private stormwater management systems provisions have been made as determined by the Public Works Director, consistent with the EDSPM. Finding 14: SDC 4.3-11 O.C states that a stormwater management system shall accommodate potential runoff from its entire upstream drainage area, whether inside or outside of the development. Finding 15: SDC 4.3-11O.D requires that runoff from a development shall be directed to an approved stormwater management system with sufficient capacity to accept the discharge. Finding 16: SDC 4.3-11O.E requires new developments to employ drainage management practices that minimize the amount and rate of surface water runoff into receiving streams, and that promote water quality . Finding 17: Due to the proximity of the McKenzie River and Keizer Slough, and the limited extent of above-ground improvements proposed with this development, additional measures to control runoff are not required. However, the applicant is advised to observe all necessary erosion and sediment control measures during construction and operation of the proposed development. Stormwater Management (Quality) Finding 18: Under Federal regulation of the Clean Water Act (CWA), Endangered Species Act (ESA), and National Pollutant Discharge Elimination System (NPDES), the City of Springfield is required to obtain, and has applied for, a Municipal Separate Storm Sewer System (MS4) permit. A provision of this permit requires the City to demonstrate efforts to reduce the pollution in urban stormwater to the Maximum Extent Practicable (MEP). Finding 19: Federal and Oregon Department of Environmental Quality (ODEQ) rules require the City's MS4 plan to address six "Minimum Control Measures". Minimum Control Measure 5, "Post- Construction Stormwater Management for New Development and Redevelopment", applies to the' proposed development. Finding 20: Minimum Control Measure 5 requires the City of Springfield to develop, implement and enforce a program to ensure the reduction of pollutants in stormwater runoff to the MEP. The City also must develop and implement strategies that include a combination of structural or non-structural Best Management Practices (BMPs) appropriate for the community. Finding 21: Minimum Control Measure 5 requires the City of Springfield to use an ordinance or other regulatory mechanism to address post-construction runoff from new and re-development projects to the extent allowable under State law. Regulatory mechanisms used by the City include the SDC, the City's Engineering Design Standards and Procedures Manual and the future Stormwater Facilities Master Plan (SFMP). Finding 22: As required in SDC 4.3-110.E, "a development shall be required to employ drainage management practices approved by the Public Works Director and consistent with Metro Plan policies and the Engineering Design Standards and Procedures Manuaf'. Finding 23: Section 3.02 of the City's EDSPM states the Public Works Department will accept, as interim design standards for stormwater quality, water quality facilities designed pursuant to the policies and procedures of either the City of Portland (BES) or the Clean Water Services (CWS). ..,.. '''l..~.' ..... ~ \. Date ~eceived: ~h)/~tl1 Planner: AL Page 5 of 14 . . Finding 24: Section 3.03.3.B of the City's EDSPM states all public and private development and redevelopment projects shall employ a system of one or more post-developed BMPs that in combination are designed to achieve at least a 70 percent reduction in the total suspended solids in the runoff generated by the development. Section 3.03.4.E ofthe manual requires a minimum of 50 percent of the non-building rooftop impervious area on a site shall be treated for stormwater quality improvement using vegetative methods. . Finding 25: As stated above, the proposed development will not appreciably affect the existing drainage pattern. Therefore, upon project completion no additional stormwater quality measures will need to be taken. Conclusion: The proposal satisfies this sub-element of the criterion. Streets and Traffic Safety Controls Finding 26: The proposed development is partially within the ODOT Highway 126 right-of-way, and will require separate permits for construction within a state highway right-of-way. The applicant will need to coordinate with the ODOT District 5 Maintenance staff contact, Lynn Detering at (541) 726- 2577. . Finding 27: The proposed underground pump station will be served by an existing gravel road along the south bank of the McKenzie River. A gated access is provided near the intersection of 42nd Street and Marcola Road. The applicant is not proposing to create a new access from the adjacent highway or public street system. The subject development does not contain an occupied building space and, upon installation of the pump station, vehicle trips would be limited to periodic maintenance and inspection visits. Finding 28: The proposed substation is located on the operating International Paper plant site and will be accessed by an existing private road along the south bank of the Keizer Slough. Similar to the riverside pump station, the substation is not intended to be an occupied building and vehicle trips would . be limited to periodic maintenance and inspection visits. Finding 29: Primary access to the International Paper plant site is via the main entry driveway'on 42nd Street. The applicant is not proposing to change the access configuration to the plant. Finding 30: The proposed development does not require upgrades or improvements to the perimeter public street system to adequately serve the site. Conclusion: The transportation facilities would be adequate to accommodate the additional vehicular and pedestrian traffic that would be generated by the proposed development. The proposal satisfies this sub-element of the criterion. C. The proposed development shall comply with all applicable public and private. design and construction standards contained in this Code and other applicable regulations. Finding 31: Criterion C contains three different elements with sub-elements and applicable code standards. The site plan modification application as submitted complies with the code standards listed under each sub-element unless otherwise noted with specific fmdings and conclusions. The elements, sub-elements and code standards of Criterion C include but are not limited to: r. Infrastructure Standards in accordance with SDC 4.1-100, 4.2~100 & 4.3-100 . Water Service and Fire Protection (4.3-130) . Public and Private Easements (4.3-120 - 4.3-140) .. ~ .', ' '. . Date. Received: Planner: Al. ~/~~f Page 6 of 14 . . 2. Conformance with standards of SDC 5.17-100, Site Plan Review and SDC 3.2-400 Industrial Zoning Districts . Heavy Industrial- Permitted Uses (3.2-410) . Height Standards (3.2-420) . Landscaping, Screening and Fence Standards (3.2-420 & 4.4-100) . On-Site Lighting Standards (4.5-100) . Vehicle Parking, Loading and Bicycle Parking Standards (4.6-100 - 4.6-155) 3.' Overlay Districts and Applicable Refinement Plan Requirements . Drinking Water Protection Overlay District . East Main Refinement Plan C.l Public and Private Improvements in accordance with SDC 4.1-100, 4.2-100 & 4.3-100 Water Service and Fire Protection (4.3-130) Access Finding 32: All fire apparatus access routes are proposed to be all-weather surfaces and able to support an 80,000 lb. imposed load in accordance with the 2007 Springfield Fire Code (SFC) 503.2.3 and SFC Appendix D 102. \. Finding 33: The proposed substation building on. the plant site can be accessed from the internal private roads serving the facility. Water Supply Finding 34: There is a private fire hydrant network on the International Paper plant site that will serve the substation building. Other portions of the project do not have an appreciable fire risk; therefore, water supply for fire fighting is not contemplated or required. Conclusion: The proposal satisfies this sub-element of the criterion. Public and Private Easements (4.3-120 - 4.3-140) Finding 35: SDC 4.3-120 requires applicants proposing developments to make arrangements with the City and each utility provider for the dedication of utility easements necessary to fully service the development or land beyond the development area. The minimum width for public utility easements adjacent to street rights-of-way shall be 7 feet. The minimum width for all other public utility easements shall be 14 feet. Finding 36: There are no public utilities proposed or required to serve the development site. The applicant will be required to obtain or renew necessary permits to perform construction within the ODOT right-of-way and McKenzie River riparian area. Conclusion: The proposal satisfies this sub-element of the criterion. ~. .',;.... - .;.(., " Date Received: Planner: AL thj/:HJo; / . Page 7 of 14 . . C.2 Conformance with Standards of SDC 5.17-100, Site Plan Review and SDC 3.2-400 Industrial Zoning Districts Permitted Uses (3.2-410) Finding 37: Lumber, wood and paper products manufacturing are listed as Permitted Uses in the ill District. Finding 38: The proposed development is a private utility installation to serve the plant site, with an accessory substation building. Accessory structures are listed as a Permitted Use in the ill District. Height Standards (3.2-420) Finding 39: The Ioternational Paper plant site is adjacent to MDR residential areas to the southwest, and LDR residential areas to the southeast. However, the subject project area is north of the operating paper plant and well removed from residential areas. 10 accordance with SDC 3.2-420, there is no maximum building height unless the site abuts residential properties. Finding 40: The proposed accessory structure (substation building) is approximately 14 feet high. Therefore, the proposed development meets the requirements of SDC 3.2-420 for building height. Landscaping, Screening and Fence Standards (3.2-420 & 4.4-100) Finding 41: The applicant is proposing to modify the existing natural vegetation at two locations along the Keizer Slough by installing bridge support piers and pipe anchor on the north and south sides of the watercourse. The existing natural and invasive vegetation along the selected water pipeline route also will be disturbed by trenching and pipe installation activity. Ground disturbance along the pipeline route could cause invasive vegetation to spread within the affected area. Finding 42: A site landscaping plan prepared by a landscape architect or certified landscape designer was not included with the applicant's site plan submittal. A draft drawing was prepared for the north side of the Keizer Slough by a landscaping contractor; the suggested planting layout is depicted on Sheet S004. The scale of the replanting plan is insufficient to verify whether adequate replacement vegetation has been provided in the disturbed areas. Additionally, provision for a stabilizing ground cover (such as grass) in disturbed areas is not indicated on the site plan. Finding 43: The applicant has not indicated if the on-site vegetation (ie. lawn) will be restored after the pipeline is installed from the overhead crossing of the slough through to the tie-in point at the plant. At a minimum, restoration ofthe area to pre-construction condition will be required with this application. Finding 44: The applicant completed streambank restoration and planting in conjunction with the joint DSLfCorps of Engineers permit obtained in 2006. There are no additional landscaping improvements proposed for the riverbank area north of the highway. Finding 45: The overhead pipe crossing of the Keizer Slough will be visible from the travel lanes on Highway 126. Because the pipe is proposed to be steel and is located south of the highway bridges, it must be treated with a non-reflective coating to prevent reflective glare. Additionally, painting the exposed pipe a neutral color will help it to blend in with the surroundings and make it less obtrusive to passers-by on the highway. Finding 46: There is existing security fencing around the perimeter of the plant site, and along portions of the 42nd Street right-of-way north of the pump station. The applicant is proposing to maintain the existing fencelines for security and protection of the facilities. 'u\'., ',." t, Date Received:---k' /;i/~1- Planner: AL / . Page 8 of14 . . Conditions of Approval: 1. The Final Site Plan shall contain a landscaping plan, prepared by a certified landscaping professional, for the tree, shrub and groundcover plantings generally depicted on Sheet S004 of the plan set. The landscaping detail shall include provision for a stabilizing ground cover, such as grass, and include seed application rates for the selected ground cover. 2. The exposed portion of the water pipe crossing the Keizer Slough shall be painted a neutral, non- reflective color to prevent reflective glare onto the highway and to blend with the adjacent natural environment. 3. The Final Site Plan shall provide for restoration of landscaped areas on the plant site to pre-existing conditions following installation of the water pipeline. 4. The Final Site Plan shall provide for long-tenn control and abatement of invasive vegetation within the project area. . On-Site Lighting Standards (4.5-100) Finding 47: The subject development site directly abuts the Highway 126 corridor. However, the applicant is not proposing to install security lighting for the water pump station, substation or pipeline. Therefore, the proposed project will not introduce lighting glare onto the highway. Vehicle Parking, Loading and Bicycle Parking Standards (4.6-100 - 4.6-155) Finding 48: The approved Final Site Plan for the International Paper site provides for approximately 764 developed vehicle parking spaces on the site, which exceeds the amount required for the number of employees on the busiest shift. Additionally, bicycle parking facilities are provided at several locations within the plant site: The applicant is not proposing to change the vehicle or bicycle parking configuration with this development. Parking spaces are not being displaced with the proposed water pipeline, pump station and substation. Conclusion: The proposal satisfies this sub-element ofthe criterion. C.3 Overlay Districts and Applicable Refinement Plan Requirements Finding 49: The subject development site lies within the East Main Refinement Plan area. There are no specific policies of the adopted Refinement Plan that apply to the proposed development. Finding 50: The subject development area is located within the 0-1 year time of travel zone (TOTZ) for the Weyerhaeuser wellheads. Springfield's drinking water aquifer is an identified and delineated GoalS natural resource subject to protection in accordance with SDC 4.3-115 and SDC 3.3-200. Finding 51: The applicant submitted infonnation on the types of chemicals expected to be used and stored at the proposed facility. SUB Water Quality Protection has reviewed the proposal and detennined that the applicant qualifies for a Drinking Water Protection exemption. The exemption has been granted, subject to the applicant complying with the stated operational characteristics of the proposed facility. If the type of chemicals used or stored at the facility changes in the future, another review may be required. Conclusion: The proposal satisfies this sub-element of the criterion. to. '.'~ , . <. Date Received: Planner: AL ~/J.fh-? / / Page 9 of 14 . . n. Parking areas and ingress-egres~ 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 areas; minimize curb cuts on arterial arid collector streets as specified in this Clide or other applicable regulations and comply with the OnOT access management standards for State highways. Finding 52: Installation of driveways on a street increases the number of traffic conflict points. The greater number of conflict points increases the probability of traffic crashes. Effective ways to reduce the probability of traffic crashes include: reducing the number of driveways; increasing distances between intersections and driveways; and establishing adequate vision clearance where driveways intersect streets. Each of these techniques permits a longer, less cluttered sight distance for the motorist, reduces the number and difficulty of decisions that drivers must make, and contributes to increased traffic safety. Finding 53: SDC 4.2-120.A.I stipulates that each parcel is entitled to "an approved access to l! public street". Primary site access is provided to the International Paper plant via a signalized intersection and entry driveway onto 420d Street. The site also has a shared access onto 48th Street at G Street. No changes to the existing approved site access points are proposed. Finding 54: Ingress-egress points have been planned to facilitate traffic and pedestrian safety, avoid congestion and minimize curb cuts on public streets as specified in SDC 4.2, 4.6, 5.15 and 5.17, applicable zoning and/or overlay district requirements, and applicable refmement plans. Finding 55: Within the plant site, the existing on-site parking spaces and vehicle circulation areas meet the requirements of the SDC. . Finding 56: The nearest bus transit service serving the International Paper plant site is provided by Lane Transit District Routes #18 (Mohawk/Fairview) and #19 (Fairview/Mohawk) operating along 28th Street and Marcola Road. Limited bus service also is provided by Route #13 (Centennial) operating along 28th Street and Marcola Road. Finding 57: The International Paper plant site is directly accessible from the public sidewalk system on 420d Street, which provides connections with nearhy industrial, residential and commercial areas and transit stops. North of the plant site driveway entrance on 420d Street, a multi-purpose pathway is located on the east side of 420d Street, which provides connectivity for pedestrians and bicyclists. Conclusion: The existing facilities are adequate to meet the site access, driveway and vision clearance requirements of SDC 4.2-120 and 4.2-130. The proposal satisfies this criterion. E. 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 Water Quality Limited Watercourse Map and their associated riparian areas; wetlands; rock outcroppings; open spaces; and areas of historic and/or archaeological significance, as may be specified in Section 3.3-900 or ORS 97.740-760, 358.905-955 and 390.235-240, shall be protected as specified in this Code or in State or Federal law. Finding 58: The Natural Resources Study, the National Wetlands Inventory, the Springfield Wetland Inventory Map, Wellhead Protection Overlay and the list of Historic Landmark Sites have been consulted and the project is located within and adjacent to mapped Goal 5 resources (McKenzie River and Keizer Slough). .'-." ,,' Date Received: i+L. Planner: AL Page 10 ofl4 . . Finding 59: In accordance with SDC 4.3-117.E.2.0, construction of private utilities and other infrastructure that cannot be feasibly located outside of the riparian resource boundary can be accommodated within a riparian resource area. Finding 60: The applicant has demonstrated that the most viable source of plant process water is a direct intake from the McKenzie River. Previously, the applicant had used the Keizer Slough as a conduit for process water: an intake screen is located on the south bank of Keizer Slough approximately 2,000 feet from the main channel ofthe McKenzie River. Due to siltation and low flows during summer months, the applicant has had to periodically dredge the channel to maintain sufficient flows. Dredging has become increasingly difficult (and environmentally disruptive) due to state and federal fisheries . regulations. The proposed water pipeline will obviate the need for dredging the Keizer Slough. Finding 61: The applicant has obtained necessary permits from the Oregon Department of State Lands and the Army Corps of Engineers for work in the McKenzie River riparian area, including installation of the fish screen and intake pipe below the normal waterline. Upon completion of the proposed development, the top of the underground pump station will be flush with the existing riverbank surface and should have no appreciable impact on riparian function. Additionally, the pump vault is designed to be inundated in order to remain pressure-neutral and resist hydrostatic forces that could displace the vau!t during high flow events. Finding 62: As stated previously, the applicant has rehabilitated the riverbank area that was disturbed by construction of the fish screen and intake pipe. Areas disturbed by construction of the underground pump station and removal of the electrical vault also shall be re-graded and rehabilitated with landscaping as necessary to match pre-construction conditions. Finding 63: The re-grading and re-planting in accordance with state and federal permits is determined to be adequate mitigation of riparian impacts, .considering that the proposed location and design of the underground pump station and over/under water pipeline is the only viable option. Finding 64: SDC 5.l2-120.F.10 requires the applicant submit evidence that any necessary federal or state permit has been applied for or approved. The applicant has provided a joint permit application to the Oregon Department of State LandslUS Army Corps of Engineers for work to be done in the riparian area for construction of a raw water intake. All of the proper permits for this work appear to have been granted by the responsible agencies. Any actions necessary to maintain or modifY these permits is the sole responsibility of the applicant, unless otherwise stated by the City of Springfield. Finding 65: The applicant shall be responsible for obtaining any necessary permits to ensure erosion and sediment control measures are observed and enforced during construction activity on the site. Finding 66: Stormwater from the subject site outfalls to the McKenzie River system. The McKenzie River is listed with the State of Oregon as a "water quality limited" stream for numerous chemical and physical constituents, including temperature. Provisions have been made previously in this decision for protection of stormwater quality. . Finding 67: Springfield's drinking water aquifer is an identified and delineated Goal 5 natural resource subject to protection in accordance with SDC 4.3-115 and SDC 3.3-200. The subject development area is within the mapped 0-1 year TOTZ for the Weyerhaeuser wellheads. The applicant has requested and obtained a Drillking Water Protection exemption for this project, as noted above. Conditions of Approval: 5. The applicant shall obtain all necessary City, state and federal permits prior to initiating construction in the McKenzie River and Keizer Slough riparian protection areas, and on the plant ,. ~. .' \\ . .. . . -, . Date Received:Jt~-d_ Planner: AL . Page II of 14 . . site itself, including but not limited to provision of suitable erosion and sediment control measures, dust control, tree protection, and protection of fisberies resources. 6. Upon completion of the project, areas disturbed by construction activity and installation of the water pipeline shall be restored to pre-construction condition or better. Conclusion: As conditioned herein, the proposed development provides storm and ground water quality protection in accordance with SDC 3.3-200 and receiving streams have been protected in accordance with SDC 4.3-110 and 4.3-115. CONCLUSION: The Tentative Site Plan, as submitted and conditioned herein, complies with Criteria A- E of SDC 5.17-125. WHAT NEEDS TO BE DONE BY THE APPLICANT TO OBTAIN FINAL SITE PLAN APPROVAL? Five copies of a Final Site Plan and any additional required plans, documents or information are required to be submitted to the Planning Division within 90 days of the date of this letter (ie. by September 24, 2009). In accordance with SDC 5.17-135 - 5.17-140, the Final Site Plan shall comply with the requirements of the SDC and the conditions imposed by the Director in this decision. The Final Site Plan otherwise shall be in substantial conformity with the tentative plan reviewed. Portions of the proposal approved as submitted during tentative review cannot be substantively changed during final site plan approval. Approved Final Site Plans (including Landscape Plans) shiill not be substantively changed during Building Permit Review without an approved Site Plan Decision Modification. . DEVELOPMENT AGREEMENT: In order to complete the review process, a Development Agreement is required to ensure that the terms and conditions of site plan review are binding upon both the applicant and the City. This agreement will be prepared by Staff upon approval of the Final Site Plan and must be signed by the property owner prior to the issuance of a building permit. CONDITIONS OF APPROVAL: 1. The Final Site Plan shall contain a landscaping plan, prepared by a certified landscaping professional, for the tree, shrub and groundcover plantings generally depicted on Sheet S004 of the plan set. The landscaping detail shall include provision for a stabilizing ground cover, such as grass, and include seed 'application rates for the selected ground cover. 2. The exposed portion of the water pipe crossing the Keizer Slough shall be painted a neutral, non-reflective color to prevent reflective glare onto the highway and to blend with the adjacent natural environment. 3. The Final Site Plan shall provide for restoration of landscaped areas on the plant site to pre-existing conditions following installation of the water pipeline. 4. The Final Site Plan shall provide for long-term control and abatement of invasive vegetation within the proj ect area. 5. The applicant shall obtain all necessary City, state and federal permits prior to initiating construction in the McKenzie River and Keizer Slough riparian protection areas, and on the plant site itself, including but not limited to provision of suitable erosion and sediment control measures, dust control, tree protection, and protection of fisheries resources. 6. Upon completion of the project, areas disturbed by construction 'activity and installation of the water pipeline shall be restored to pre-construction condition or better. t.""<"J i,.' ". Date Received: Planner: AL ~ 12~ ~ r / Page 12 of 14 . . The applicant may submit permit applications to otber city departments for review prior to fmal site plan approval in accordance witb SDC 5.]7-]35 at tbeir own risk. All concurrent submittals are subject to revision for compliance with tbe fmal site plan. A development agreement in accordance witb SDC 5.17-]40 will not be issued until all plans submitted by tbe applicant. have been revised. CONFLICTING PLANS CAUSE DELAYS. ADDmONAL INFORMATION: The application, all documents, and evidence relied upon by the applicant, and tbe applicable criteria of approval are available for free inspection and copies are available for a fee at tbe Development Services Department, 225 Fifth Street, Springfield, Oregon. APPEAL: This Type II Tentative Site Plan decision is considered a decision of tbe Director and as such may be appealed to tbe Planning Commission. The appeal may be filed with tbe Development Services Department by an affected party. Your appeal must be in accordance with SDC 5.3-100, Appeals. An Appeals application must be submitted with a fee of $250.00. The fee will be returned to tbe applicant iftbe Planning Commission approves the appeal application. In accordance witb SDC 5.3-1 ]5.B which provides for a ]5-day appeal period and Oregon Rules of Civil Procedures, Rule I O( c) for service of notice by mail, tbe appeal period for tbis decision expires at 5:00 PM on July 14,2009. QUESTIONS: Please call Andy Limbird in the Planning Division of the Development Services Department at (54]) 726-3784 or email alimbird@ci.springfield.or.usifyou have any questions regarding tbis process. PREPARED BY '!t::::J Planner II ,. .....1..::. ~." Date Received:~-2,&.D' Planner: AL / Page 13 of]4 . . Please be advised that the following is provided for information only and is not a component of the Site Plan Review decision. . FEES AND PERMITS Svstems Development Charges: The applicant must pay Systems Development Charges when the building permits are issued for developments within the City limits or within the Springfield Urban Growth Boundary. The cost relates to the amount of increase in impervious surface area, transportation trip rate, and plumbing fixture units. Systems Development Charges (SDCs) will apply to the construction of buildings and site improvements within the subject site. The charges will be based upon the rates in effect at the time of permit submittal for buildings or site improvements on each portion or phase ofthe development. SanitarY Sewer In-Lieu-Of-Assessment Charge: Pay a Sanitary Sewer In-Lieu-Of-Assessment charge in addition to the regular connection fees if the property or portions of the property being developed have not previously been assessed or otherwise participated in the cost of a public sanitary sewer. Contact the Engineering Division to determine if the In-Lieu-Of-Assessment charge is applicable [Ord. 5584]. Public Infrastructure Fees: It is the responsibility of the private developer to fund the public infrastructure. Other City Permits: Encroachment Permit or Sewer Hookup Permit (working within right-of-way or public easements). For example, new tap to the public storm or sanitary sewer, or adjusting a manhole. The current rate is $139.50 for processing plus applicable fees and deposits. Land and Drainage Alteration Permits (LDAP). Contact the Springfield Public Works Department at 726-5849 for appropriate applications/requirements. Additional permits/approvals mav be necessarY: . Metropolitan Wastewater Management Commission (pump station, sanitary sewers 24 inches or larger) . Plumbing Permit . Drinking Water Protection . ODOT Drainage Permit. Contact Lynn Detering at (541) 726-2577 for the application requirements. Date Received: Planner: AL ~hfb,,? / / ..'.. ". .... Page 14 of 14 . . '. ., CITY OF SPRINGFIELD DEVELOPMENT SERVICES DEPARTMENT 225 5th ST SPRINGFIELD, OR 97477 .Loren Leighton International Paper Company 801 42nd Street Springfield, OR 97478 CITY OF SPRINGFIELD DEVELOPMENT SERVICES DEPARTMENT. 225 5th ST SPRINGFIELD, OR 97477 ~- ", Gary Thornton Breshears/Thornton Engineering Consultants 21268 Hwy 99E PO Box 370 Auroa, OR 97002 : .... . Dato r';;3celved;' ~(.)dP9 Planner: AL . . . . . - - , . - ".'. . .. . .tftii. . ..,. .. ... ., '. ,. o . . . '. . . ' ,"' ....." - . ," - - " . . . . . ". ... .. 'eJt., ..~..., ...... .6,. . .' '. -. ,. " .' .' - "-'.. . "',.;- .' . . ". ,~"'"