HomeMy WebLinkAboutNotice PLANNER 3/18/2008
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Date Received:
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AFFIDAVIT OF SERVICE
STATE OF OREGON)
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County of lane )
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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 ofthe
Development Services Department, City of Springfield, Oregon.
2. I state that in my capacity as, Program Technician, I prepared ar)d caused to be
mailed copies of "DRC 2a:l8TYrJl'I- 7){ft/J'4 r.p;, [\0.1', ~J<rx-_ .ti1du Prcv..;:;J..tl.<J - .J-u..,d-
(See attachment "A") on :~J I g .2008 addressed to (see "'BrwJ L+
Attachment B"), by causing said letters to be placed in a U.S. mail box with
postage fully prepaid thereon.
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KAR LaFLEUR
STATE OF OREGON, County of lane
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. 2008. Personally appeared the above named Karen laFleur,
Program Technician, who acknowledged the foregoing instrument to be their voluntary
act. Before me:
OFFICIAL SEAL
. BRENDA JONES
. , NOTARY PUBLIC" OREGON
""/ COMMISSION NO. 379218
MY COMMISSION EXPIRES !MY 27. 2008
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My Commission Expires: v111tltJ n J-VCJS
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City of Springfield
Development Services Department
225 Fifth Street
Springfield, OR 97477
SITE PLAN REVIEW
Staff Report & Decision
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Project Name: Just Brew It
Project Proposal: Locate coffee kiosk on vacant site and
associated site development
Case Number: DRC2008-00014
Project Location: 3545 Gateway Street
17-03-15-33, TL 1100
Zoning: Community Commercial (CC)
Overlay District(s): Drinking Water Protection (DWP)
Applicable Refinement Plan: Gateway
Refinement Plan Designation: Community Commercial (CC)
Metro Plan Designation: Commercial
Pre-Submittal Meeting Date: January 8, 2008
Application Submittal Date: February 13, 2008
DRC Meeting Date: March 11, 2008
Decision Issued Date: March 18, 2008
Recommendation: Approval with Conditions
Appeal Deadline Date: April 2, 2008
Associated Applications: PRE2007-00086
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DEVELOPMENT REVIEW COMMITTEE
POSITION REVIEW OF NAME PHONE
Planner II Land Use Planninq Molly Markarian 726-4611
Transoortation Plannina Enaineer Transoortation Gary McKennev 726-4585
Public Works Enaineer in Training Utilities, Sanitary & Storm Sewer Jesse Jones 736-1036
Deputy Fire Marshal Fire and Life Safety Gilbert Gordon 726-2293
Enqineerinq Technician SUB Electric Utilities Guenter Matyszak 736-3296
Civil Enqineer SUB Water Utilities Rebecca Temolin 726-2396
APPLICANT'S DEVELOPMENT REVIEW TEAM -
Applicant Owner Applicant's Representative
Harold Morris Jennifer Matthews Revocable Trust Carol Schirmer
Just Brew It 450 Ful Vue Drive Schirmer & Associates, LLC
3427 Quail Ridge Eugene, OR 97405 375 W. 4th, Suite 201
Eugene, OR 97404 EUQene, OR 97401
Case No, DRC200B-00014
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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 a drive-up coffee shop is permitted in accordance with SDC 3.2-310.
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 February 13,
2008, and this decision is issued on the 34th 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 February 14, 2008.
No written comments were received during the comment period.
SITE INFORMATION
The subject property is a .54 acre (23,474 square feet), rectangular-shaped lot on the south side of
Game Farm Road between Gateway Street and Game Farm Road South and is located inside the
City limits. The property is relatively flat, and soils are mapped as Coburg-Urban Land Complex-32.
Currently, the property contains a grass lawn, two street trees, a concrete trash enclosure, and linear
parking along the west and north property lines that is currently used by the adjacent commercial uses.
The property is zoned and designated Community Commercial, and land immediately surrounding the
property to the west, east, and south is zoned Community Commercial while property to the north
across Game Farm Road is zoned Campus Industrial.
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 11SDC 5.17-125 A.I
The zoning is consistent with the Metro Plan diagram, and/or the applicB;ble Refinement Plan Diagram,
Plan District Map, and Conceptual Development Plan.
Finding: The subject property is zoned Community Commercial and is designated Commercial by
the Metro Plan diagram and the Gateway Refinement Plan. 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.
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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 stonnwater 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 detennine capacity issues.
Finding: The Development Review Committee (DRC), including representatives from the City's
Development Services Department, Public Works Department, and Fire and Life Safety Department, as
well as the Springfield Utility Board (SUB) 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
Public Streets
Finding: Abutting the subject property to the north is Game Farm Road, a 28-foot wide asphalt-paved
two-lane collector street within a variable-width right-of-way. The street is fully improved to urban
standards with curb, gutter, sidewalk, street trees, and street lighting. Average daily traffic along this
section of Game Farm Road is estimated to be fewer than 4,000 vehicle trips per day.
Finding: Based on the Institute of Transportation Engineers (ITE) Land Use Code 935 (Fast Food
Restaurant with Drive-Through Window and No Indoor Seating) full development of the site with a
drive-through coffee kiosk would generate 360 weekday vehicle trips, 72 morning peak-hour vehicle
trips, and 18 afternoon peak-hour vehicle trips onto the surrounding street system. In addition,
assumed development may generate pedestrian and bicycle trips. According to the LCOG household
survey from 1994, 12.6% of household trips are made by bicycle or walking and 1.8% are made via
public transit. These trips may have their origins or destinations at a variety of land uses, including the
subject property. Pedestrian and bicycle trips create the need for sidewalks, pedestrian crossing
signals, crosswalks, bicycle parking, and bicycle lanes.
Finding: Existing and proposed off-site transportation facilities are adequate to accommodate the
additional trips that would be generated by the proposed development.
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Finding: As submitted, this application meets the requirements of SDC 4.2-105 G.2.
Street 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: The Exception listed in SDC 4.2-140 states that in order to meet street tree requirements,
where there is no planter strip and street trees cannot be planted within the public right-of-way, trees
shall be planted in the required front yard or street side yard setback of private property as specified in
the applicable zoning district.
Finding: 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.
Finding: Two trees currently exist along the north property line of the site in the front yard setback
area, both of which are proposed to remain. Although the genus and species are not identified on the
application, these trees may be considered street trees.
Condition 1: Excavation or filling in the vicinity of the existing street trees, as well as any future
removal of these trees, must conform to the standards of the SDC and EDSPM. Since these street
trees are located on private property, maintenance of the trees shall be performed by the property
owner as per SDC 4.2-140 C.2.
Finding: As conditioned above, this application meeets the requirements fo SDC 4.2-140.
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 new development will connect to the existing 12-inch
sanitary sewer main along the east property line via a four-inch lateral.
Condition 2: Prior to occupancy, the site shall be serviced with a private sanitary sewer lateral from
the 12-inch sanitary sewer main along the east property line as depicted on the tentative plan.
NOTE: Plumbing permits are required to install private sanitary sewer laterals.
Finding: As conditioned above, this application meets the requirements of SDC 4.3-105 A.
Storm water Manaaement
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 that run-off from a development shall be directed to an approved
storrnwater management system with sufficient capacity to accept the discharge.
Finding: SDC 4.3-110 E. states that developments are required to employ drainage management
practices approved by the Public Works Director and consistent with the EDSPM that minimize the
amount, rate, and quality of surface water run-off into receiving streams.
Finding: The application indicates that stormwater runoff from the site will be directed into vegetative
swales and catch basins prior to discharge into the public system via new and existing stormwater
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laterals on the north and south ends of the site. I n addition, the applicant has proposed retrofitting the
existing stormwater catch basins on the site with Flo-Gard Plus catch basin filter inserts.
Condition 3: Prior to occupancy, the site shall be serviced with private stormwater laterals as depicted
on the tentative plan, and the existing stormwater catch basins on the site shall be retrofitted with Flo-
Gard Plus catch basin filter inserts as proposed on the tentative plan.
NOTE: Plumbing permits are required to install private stormwater laterals.
Finding: The vegetation proposed for use in the vegetative swales will serve as the primary pollutant
removal mechanism for the stormwater runoff and will remove suspended solids and pollutants through
the processes of sedimentation and filtration. Satisfactory pollutant removal will occur only when the
vegetation has been fully established.
Condition 4: Prior to occupancy, the proposed vegetative swales shall be fully vegetated with all plant
species established to ensure a fully functioning water quality system. Alternatively, the applicant shall
provide and maintain additional interim erosion control I water quality measures acceptable to the
Public Works Department that will suffice until such time as the vegetative swales become fully
established.
Finding: As conditioned above, this application meet the requirements of SDC 4.3-110.
Utilitv 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 Site Plan and the Site Utility Plan show different locations and service line sizes for
proposed water, electric, and telephone lines and connection points.
Condition 5: Prior to Final Site Plan approval, the applicant shall correct the discrepancies in the
proposed location and sizes of all utility lines on the different sheets of the plan set.
Finding: SUB Electric has stated that the applicant can either service the development via an existing
diagonal conduit from Transformer #7132 west of the subject property or by trenching east within the
right-of-way from the aforementioned transformer. If the former option is selected, a private utility
easement to benefit the subject property is required.
Condition 6: Prior to Final Site Plan approval, the applicant shall indicate on the plan set the actual
proposed location of power facilities to serve the site. If the applicant chooses to service the
development site with power via the existing spare conduit from Transformer # 7132 to the subject
property, prior to Final Site Plan approval, the applicant shall record and document on the Final Site
Plan a private utility easement centered along said conduit.
Condition 7: Prior to occupancy, the applicant shall extend electric service to the site as per SUB
Electric standards. Placement of such facilities shall be underground as conditioned in the
Underground Placement of Utilities section below.
Finding: As conditioned above, this application meet the requirements of SDC 4.3-120.
Underaround Placement of Utilities
Finding: SDC 4.3-125 states that wherever possible, all utility lines shall be placed underground.
Condition 8: Prior to occupancy, all utility lines that serve the site shall be installed underground.
Finding: As conditioned above, this application meets the requirements of SDC 4.3-125.
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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 applicant proposes connecting the new development to an existing 24-inch water line in
the south end of the subject property via a one and a half-inch lateral.
Finding: SUB has stated that the 24-inch water line in the south end of the property is a water
transmission line from which no service laterals may be constructed. SUB has stated that the proposed
development must be serviced with water via laterals from the 12-inch water main located in the right-
of-way north of the subject property.
Condition 9: Prior to Final Site Plan approval, the applicant shall update the plan set to indicate SUB-
approved water service connection points since the proposed connection point is not allowed per SUB
Water standards.
Condition 10: Prior to occupancy, the site shall be serviced with private water laterals from the 12-inch
water main in the right-of-way north of the subject property and water meters and backflow prevention
devices installed as per SUB Water standards.
NOTE: Plumbing permits are required to install these private water laterals.
Finding: As conditioned above, this application meets the requirements of SDC 4.3-110.
Conclusion: This application satisfies Criterion 2 (SDC 5.17-125 B.) as conditioned herein.
Criterion 3/SDC 5.17-125 C.l
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 standards 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:
Chapter 4 - Development Standards 3.2-300 Commercial Zoning Districts
4.4-100 Landscaping, Screening, & Fence Standards 3.2-310 Schedule of Use Categories
4.5-100 On-Site Lighting Standards 3.2-315 Base Zone Development Standards
4.6-100 Vehicle Parking, Loading, & Bicycle Parking
Standards
4.7-100 Specific Development Standards for Certain
Uses
4.8-100 Temoorarv Uses
Applicable Overlay District Applicable Refinement Plan
3.3-200 Drinking Water Protection Gateway Refinement Plan
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LandscaDino. Screenino & Fence Standards
Finding: SDC 4.4-105 F. states that parking and driveway setback areas specified in the applicable
zoning district are considered parking lot planting areas and as such shall include one canopy tree at
least two inches in caliper that meets City street tree standards as outlined in the EDSPM and four
shrubs, five gallons or larger, for each 100 square feet of planting area.
Finding: SDC 3.2-315 states that in the Community Commercial zoning district, street side yard
parking and driveway setbacks shall be five feet. As such, the street side yard parking and driveway
setback area for the subject property measures approximately 430 square feet.
Finding: The Gateway Refinement Plan Commercial Policy 2.3 states that properties developing along
the potential access routes to the McKenzie-Gateway Special Light Industrial site shall be required to
provide planter strip and front yard landscaping designed to enhance the site's entryway, including
additional street trees and landscaped areas. In addition, Policy 2.2 states that vegetative screening of
parking lots visible from collector streets shall also be required.
Finding: There are two existing street trees in the street side yard parking and driveway setback area.
In addition, the applicant has proposed replacing a tree in the parking area planter strip that appears to
have been recently removed. However, the setback area does not meet the landscaping standards of
the SDC and likewise does not meet the intent of the Gateway Refinement Plan commercial policy
referred to above. Furthermore, the Site Plan Review decision (95-03-55) and Final Site Plan for the
bank building on the adjacent property to the west that, at that time, included the subject property,
called for additional landscaping and vegetative screening along the Game Farm frontage that does not
appear to have ever been planted. Therefore, additional landscaping will be required to meet the
standards of the SDC, which are consistent with the commercial landscaping policies of the Gateway
Refinement Plan.
Condition 11: Prior to Final Site Plan approval, the applicant shall provide additional street trees and
shrubs for the front yard parking and driveway setback area on the landscape plan in conformance with
the landscaping standards of SDC 4.4-105 F., which is consistent with the Gateway Refinement Plan
Commercial Policies 2.2 and 2.3.
Finding: As conditioned above, this application meets the requirements of SDC 4.4-105 and the
Gateway Refinement Plan Commercial Policies.
Finding: SDC 4.4-110 B.3.b. states that any refuse container or disposal area which would otherwise
be visible from a customer parking area, adjacent property, or any residential area, shall be screened
from view as specified in that section.
Finding: The narrative included with this application states that due to low trash volume, trash
receptacles are propsed to remain standard residential receptacles and shall be stored inside the
building. No outdoor storage is proposed.
Finding: SDC 4.4-110 3.c. states that the refuse screening standard does not apply to single family
dwellings. As such, the use of residential receptacles for this commercial use likewise does not require
screening as long as the trash receptacle is stored inside the building.
Condition 12: Any future installation of commercial trash receptacles on the site shall be in
conformance with SDC 4.4-110 3.c. and the EDSPM.
Finding: As conditioned above, this application meets the requirements of SDC 4.4-110.
Vehicle Parkino. Loadino. & Bicvcle Parkino Standards
Finding: SDC 4.6-125 states that a minimum of one off-street parking space is required for each 100
square feet of gross floor area for eating and drinking establishments. The application indicates that
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the proposed coffee kiosk has 170 square feet of gross floor. As such, a minimum of two off-street
parking spaces are required for this application.
Finding: The subject property is currently developed with linear parking along the west and north
property lines. The application indicates that the property is encumbered by a joint use access and
maintenance easement, recorded May 2, 1997, Reception No. 9730198 and re-recorded May 22, 1997,
Reception No. 9734875. The easement documents create "for parking purposes a perpetual and non-
exclusive easement appurtenant to and over and across the parking areas" of tax lots 17-03-15-33-
01100 and 17-03-15-33-01200. The existing bank building on tax lot 1100 with 6,300 square feet of
floor area requires a minimum of 21 vehicle parking spaces, and far more than 21 spaces are provided
on tax lots 1100 and 1200. Therefore, existing facilities are adequate to meet the numerical
requirements of SDC 4.6-125 for this application.
Finding: The applicant has indicated that accessible parking will be provided for the new development
via one of the existing parking spaces for disabled persons on the west side of the property. However,
the existing accessible parking space does not meet current code requirements.
Condition 13: Prior to Final Site Plan approval, the applicant shall re-design the accessible parking
space and the access route to/from that space in accordance with SDC 4.6-120 and the Oregon
Structural Specialty Code.
Finding: As conditioned above, this application meets the requirements of SDC 4.6-105 through 4.6-
125.
Finding: SDC 4.6-145 A. states that the minimum required number of bicycle parking spaces for each
principal use is three spaces.
Finding: The applicant has proposed providing bicycle parking for the new development via the
existing long-term bicycle parking facilities at the Washington Mutual bank building on the adjacent tax
lot to the west of the subject property.
Finding: While there is no reference in the code to shared bicycle parking, the code does discuss
shared vehicular parking. SDC 4.6-110 E. states that the Director may authorize joint use of parking
facilities provided that there is no substantial conflict in the operating hours or uses for which the joint
use of facilities is proposed and that the parties concerned provide evidence of agreement for the joint
use by a legal instrument.
Finding: The Washington Mutual building with 6,300 square feet of floor area is required to have a
minimum of three bicycle parking spaces. Currently, four long-term bicycle parking spaces are
provided at the south entrance of that building. Since there are not enough existing bicycle parking
spaces on the Washington Mutual site to serve both the bank use and the coffee kiosk use on the
adjacent lot, a minimum of two additional bicycle parking spaces will be required to serve the coffee
kiosk development.
Finding: As stated earlier, the subject property is encumbered by an easement that creates "for
parking purposes a perpetual and non-exclusive easement appurtenant to and over and across the
parking areas" of tax lots 17-03-15-33-01100 and 17-03-15-33-01200. The easement documents do
not specify vehicular parking and may therefore be interpreted to include bicycle parking, as well.
Condition 14: Prior to Final Site Plan approval, the applicant shall update the site plan to indicate the
location of two-short term and one long-term bicycle parking spaces to serve the coffee kiosk
development in conformance with SDC 4.6-140 through 4.6-155. One of these bicycle parking spaces
may be located on the Washington Mutual bank site to the west of the subject property, as long as prior
to occupancy, signage is provided in accordance with SDC 4.6-150 A.3. However, a minimum of two
additional short-term bicycle parking spaces must be provided to serve the coffee kiosk development so
that both the bank and the coffee kiosk meet the numerical standards of SDC 4.6-145 and 4.6-155.
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Finding: As conditioned above, this application meets the requirements of SDC 4.6-140 through 4.6-
155.
Drinkina Water Protection rDWP) Overlav District
Finding: SDC 3.3-220 A. states that the DWP Overlay District includes four time of travel zones
(TOTZ), the zero to one year, one to five year, five to ten year, and ten to twenty year TOTZ, and that
the locations of the TOTZ for each wellhead are shown on Drinking Water Protection Area Maps on file
with the City.
Finding: The subject property is located within the one to five year TOTZ for the Sportsway wellhead.
Finding: SDC 3.3-225 B. states that prior to submittal of a DWP Overlay District Development
application, an exemption request may be submitted to the Director as specified in SDC 3.3-230 B.1.
Finding: The applicant submitted a request for exemption from submitting a DWP Overlay District
Development application for the new development, and the exemption was granted in coordination with
SUB.
Finding: SDC 3.3-230 A. states that if the Director, in consultation with SUB and the Fire and Life
Safety Department, determines that a hazardous material, activity, and/or facility that is exempt
pursuant to SDC 3.3-200 has a significant or substantial potential to degrade groundwater quality that
the Director may require compliance with the requirements of the SDC related to that hazardous
material, activity, or facility.
Finding: SDC 3.3-240 states that the Director may attach conditions of approval that will minimize
negative impacts of regulated substances on groundwater and ensure that the facility or the proposed
development can fully meet the standards specified in SDC 3.3-235. These conditions may include, but
are not limited to: on-site monitoring wells, Wellhead Protection Area signs, special stormwater
facilities, or other conditions to address specific risks associated with the proposed development.
Condition 15: Prior to use or delivery to the subject property, the contractor and all subcontractors
working on the proposed development shall provide the applicant's engineer with copies of Material
Safety Data Sheets (MSDS) for all hazardous materials proposed for use on-site. Based on the
submitted MSDSs, the applicant's engineer shall determine whether or not the products contain
DNAPLs. The applicant's engineer may contact the SUB Water Quality Protection Coordinator at 541-
744-3745 with any questions regarding evaluating products for DNAPLs. In addition, a copy of the
MSDSs for all hazardous materials used on-site shall remain on the site as required by law.
Condition 16: All uses of Dense Non-Aqueous Phase Liquids (DNAPLs) are prohibited during
construction and operations of the proposed development.
Condition 17: During site development, contractors and developers shall be responsible for the safe
handling and storage of chemicals, petroleum products, and fertilizers, as well as the prevention of
groundwater and stormwater runoff contamination. Hazardous materials used during construction,
including paint and cleaning materials/waste, shall not enter the soil or be washed into the stormwater
system. All hazardous materials shall be stored in adequate secondary containment.
Condition 18: During site development, precautions shall be taken to prevent fluid-containing
equipment located outside from leaking, including providing a dedicated area for fueling and
maintenance of equipment. Such an area shall be prepared and maintained to prevent spills or leaks
from migrating to the soil or stormwater system.
Condition 19: No fill materials containing hazardous materials shall be used on the subject property.
Condition 20: Prior to occupancy, soils lining the proposed vegetated bioswales shall be amended
with clay as a means of further reducing their permeability. Alternatively, a sub-surface layer of heavy
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clay soils beneath the planting beds shall be installed to direct excess moisture containing fertilizers
and/or pesticides from porous planting media into the bioswales.
Condition 21: Injection wells are prohibited on the subject property.
Condition 22: Prior to Final Site Plan approval, temporary wellhead protection signage in
conformance with SUB standards shall be placed on the site to alert contractors and subcontractors to
call 911 in the event of a release of hazardous materials. In addition, prior to occupancy, the applicant
shall install permanent wellhead protection signs to alert employees and customers to call 911 in the
event of a release of hazardous materials. Signs may be field-located with review staff during site
inspections. Contact'Amy Chinitz at 744-3745 to purchase signs from SUB.
Finding: As conditioned above, this application meets the requirements of SDC 3.3-200.
Gatewav Refinement Plan
Finding: The DRC reviewed the application with respect to the Gateway Refinement Plan and
concluded that the policies of that plan applicable to the application have been met through the land
use approval process.
Conclusion: This application satisfies Criterion 3 (SDC 5.17-125 C.) as conditioned herein.
Criterion 4lSDC 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
areas; 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: 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. Therefore, SDC 4.2-120
A.1. states that all developed parcels shall have an approved access to a public street or alley along
the frontage of the property, a private street that connects to the public street system, or a public street
by an irrevocable joint use/access easement serving the subject property.
Finding: SDC 4.2-120 C. states that driveways shall be designed to allow safe and efficient vehicular
ingress and egress as specified in Tables 4.2-2 through 4.2-5, the City's EDSPM, and the Public Works
Standard Construction Specifications.
Finding: The application indicates that existing access to the subject property is via a shared 32-foot
wide asphalt-paved driveway onto Game Farm Road near the east property line, and the applicant has
proposed keeping this access for the site. As stated above, the property is encumbered by a joint use
access and maintenance easement, recorded May 2, 1997, Reception No. 9730198, and re-recorded
May 22, 1997, Reception No. 9734875, that protects the use of the aforementioned driveway onto
Game Farm Road by the proposed development.
Finding: Existing facilities and easements are sufficient to meet the requirements of SDC 4.2-120 A.1.
and SDC 4.2-120 C.
Finding: SDC 4.2-130 A. states that all parcels shall maintain a clear area at each access to a public
street and on each corner of property at the intersection of two streets in order to provide adequate
sight distance for approaching traffic.
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Finding: SDC 4.2-130 B. states that no screen or other physical obstruction is permitted between two
and a half feet and eight feet above the established height of the curb in the triangular area. SDC 4.2-
130 C. states that the triangular area for driveways is ten feet along each property line.
Condition 23: Vision clearance areas shall be maintained at each access to a public street as per
SDC 4.2-130.
Finding: As conditioned above, this application meets the requirements of SDC 4.2-130.
Conclusion: This application satisfies Criterion 4 (SDC 5.17-125 D.) as conditioned herein.
Criterion 5 ISDC 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
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: 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.
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.).
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. Excavation or filling in the vicinity of the existing street trees, as well as any future removal of
these trees, must conform to the standards of the SDC and EDSPM. Since these street trees
are located on private property, maintenance of the trees shall be performed by the property
owner as per SDC 4.2-140 C.2.
2. Prior to occupancy, the site shall be serviced with a private sanitary sewer lateral from the 12-
inch sanitary sewer main along the east property line as depicted on the tentative plan. NOTE:
Plumbing permits are required to install private sanitary sewer laterals.
3. Prior to occupancy, the site shall be serviced with private stormwater laterals as depicted on
the tentative plan, and the existing stormwater catch basins on the site shall be retrofitted with
Flo-Gard Plus catch basin filter inserts as proposed on the tentative plan. NOTE: Plumbing
permits are required to install private stormwater laterals.
4. Prior to occupancy, the proposed vegetative swales shall be fully vegetated with all plant
species established to ensure a fully functioning water quality system. Alternatively, the
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applicant shall provide and maintain additional interim erosion control I water quality measures
acceptable to the Public Works Department that will suffice until such time as the vegetative
swales become fully established.
5. Prior to Final Site Plan approval, the applicant shall correct the discrepancies in the proposed
location and sizes of all utility lines on the different sheets of the plan set.
6. Prior to Final Site Plan approval, the applicant shall indicate on the plan set the actual proposed
location of power facilities to serve the site. If the applicant chooses to service the
development site with power via the existing spare conduit from Transformer # 7132 to the
subject property, prior to Final Site Plan approval, the applicant shall record and document on
the Final Site Plan a private utility easement centered along said conduit.
7. Prior to occupancy, the applicant shall extend electric service to the site as per SUB Electric
standards. Placement of such facilities shall be underground as conditioned in the
Underground Placement of Utilities section below.
8. Prior to occupancy, all utility lines that serve the site shall be installed underground.
9. Prior to Final Site Plan approval, the applicant shall update the plan set to indicate SUB-
approved water service connection points since the proposed connection point is not allowed
per SUB Water standards.
10. Prior to occupancy, the site shall be serviced with private water laterals from the 12-inch water
main in the right-of-way north of the subject property and water meters and backflow prevention
devices installed as per SUB Water standards. NOTE: Plumbing permits are required to install
these private water laterals.
11. Prior to Final Site Plan approval, the applicant shall provide additional street trees and shrubs
for the front yard parking and driveway setback area on the landscape plan in conformance
with the landscaping standards of SDC 4.4-105 F., which is consistent with the Gateway
Refinement Plan Commercial Policies 2.2 and 2.3.
12. Any future installation of commercial trash receptacles on the site shall be in conformance with
SDC 4.4-110 3.c. and the EDSPM.
13. Prior to Final Site Plan approval, the applicant shall re-design the accessible parking space and
the access route tolfrom that space in accordance with SDC 4.6-120 and the Oregon Structural
Specialty Code.
14. Prior to Final Site Plan approval, the applicant shall update the site plan to indicate the location
of two-short term and one long-term bicycle parking spaces to serve the coffee kiosk
development in conformance with SDC 4.6-140 through 4.6-155. One of these bicycle parking
spaces may be located on the Washington Mutual bank site to the west of the subject property,
as long as prior to occupancy, signage is provided in accordance with SDC 4.6-150 A.3.
However, a minimum of two additional short-term bicycle parking spaces must be provided to
serve the coffee kiosk development so that both the bank and the coffee kiosk meet the
numerical standards of SDC 4.6-145 and 4.6-155.
15. Prior to use or delivery to the subject property, the contractor and all subcontractors working on
the proposed development shall provide the applicant's engineer with copies of Material Safety
Data Sheets (MSDS) for all hazardous materials proposed for use on-site. Based on the
submitted MSDSs, the applicant's engineer shall determine whether or not the products contain
DNAPLs. The applicant's engineer may contact the SUB Water Quality Protection Coordinator
at 541-744-3745 with any questions regarding evaluating products for DNAPLs. In addition, a
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copy of the MSDSs for all hazardous materials used on-site shall remain on the site as required
by law.
16. All uses of Dense Non-Aqueous Phase Liquids (DNAPLs) are prohibited during construction
and operations of the proposed development.
17. During site development, contractors and developers shall be responsible for the safe handling
and storage of chemicals, petroleum products, and fertilizers, as well as the prevention of
groundwater and stormwater runoff contamination. Hazardous materials used during
construction, including paint and cleaning materials/waste, shall not enter the soil or be washed
into the stormwater system. All hazardous materials shall be stored in adequate secondary
containment.
18. During site development, precautions shall be taken to prevent fluid-containing equipment
located outside from leaking, including providing a dedicated area for fueling and maintenance
of equipment. Such an area shall be prepared and maintained to prevent spills or leaks from
migrating to the soil or stormwater system.
19. No fill materials containing hazardous materials shall be used on the subject property.
20. Prior to occupancy, soils lining the proposed vegetated bioswales shall be amended with clay
as a means of further reducing their permeability. Alternatively, a sub-surface layer of heavy
clay soils beneath the planting beds shall be installed to direct excess moisture containing
fertilizers and/or pesticides from porous planting media into the bioswales.
21. Injection wells are prohibited on the subject property.
22. Prior to Final Site Plan approval, temporary wellhead protection sign age in conformance with
SUB standards shall be placed on the site to alert contractors and subcontractors to call 911 in
the event' of a release of hazardous materials. In addition, prior to occupancy, the applicant
shall install permanent wellhead protection signs to alert employees and customers to call 911
in the event of a release of hazardous materials. Signs may be field-located with review staff
during site inspections. Contact Amy Chinitz at 744-3745 to purchase signs from SUB.
23. Vision clearance areas shall be maintained at each access to a public street as per SDC 4.2-
130.
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 5.17-145.
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 May 18, 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.
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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.
DeveloDment 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 InSDection
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.
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 5.3-115 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 2, 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. DRC2008-00014
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Case No. ORC2008-00014 15 of 15
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CITY OF SPRINGFIELD
DEVELOPMENT SERVICES DEPARTMENT
225 5th ST
SPRINGFIELD, OR 97477
Carol Schirmer
Schirmer & Associates
375 W 4th, Ste 201
Eugene, OR 97401
CITY OF SPRINGFIELD
DEVELOPMENT SERVICES DEPARTMENT
225 5th ST
SPRINGFIELD, OR 97477
Jennifer Matthews Revocable Trust
450 Ful Vue Drive
Eugene, OR 97405
CITY OF SPRINGFIELD
DEVELOPMENT SERVICES DEPARTMENT
225 5th ST
SPRINGFIElD,OR97477
Harold Morris
Just Brew It
3427 Quail Ridge
Eugene. OR 97404
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