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HomeMy WebLinkAboutNotice PLANNER 3/18/2008 . . m~ Date Received: W~R \ S 'lOO8 AFFIDAVIT OF SERVICE STATE OF OREGON) ) ss. County of lane ) \ Submittal- origin3 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. ~!lj.M _ct,..Ajp~ KAR LaFLEUR STATE OF OREGON, County of lane vYVLVtU /0/ . 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 .~~.~~~->=.-..;;_. . My Commission Expires: v111tltJ n J-VCJS I . . , City of Springfield Development Services Department 225 Fifth Street Springfield, OR 97477 SITE PLAN REVIEW Staff Report & Decision fIJ 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 .:1" " . . I;; ii " 0\,,'~~1 'jt ~;CI ~~~\. ~ ;"... 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'f1-." :~\. ~.!'- CC~ "" ., ~ W .~, ~'t - ,k.' · ';- , - I Beltline Road - --L.N_ ___--"_ I - ~ 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 10115 .. .. -' ~ 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. Case No. DRC2008-00014 2 of 15 , '" 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. Case No. DRC2008-00014 3 of 15 .. .. 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 Case No. DRC200a-Q0014 4 of 15 , - 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. Case No. DRc200a-Q0014 50115 .. .. 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 Case No. ORC2008-00014 6 of 15 , - 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 Case No. ORC2008-00014 70115 --. , 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. Case No. oRC200a-Q0014 a of 15 , ", 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 Case No. DRC200a-00014 9 of 15 ... , 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. Case No, DRC200B-00014 10 of 15 , fI' 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 Case No. DRC2008-00014 110115 tit , 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 Case No. DRC200B-00014 12 of 15 , - 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. Case No. DRC2008-00014 130115 - , 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 140115 'APPENDIX A , - , - ) ___._ .."!i~O - aa ~~.. ll~s H. ~"!"! . ~~ ijP J. ij I I I ~ I J. ,. , I I J _ ... > en .... 1- it ~-- h ""Lll~ II f "l'Un I o ill 0 IlI'! III' T II q~~!1 t 'II -.! Ii I! I~~i i I I ill! fir I f ~ ~ . s: s......le : I i 2!1h 0 I Ii IIII~ I ~. 3' lEI) III ii 1.'111 " en;:::: , I ~ 6- Q:l Ii . litllt 3 - - ~ .... . 'I lilJI ~ 1111 Case No. ORC2008-00014 15 of 15 lit , . . . . . r 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 ~ . . ,~\ i JV j../\f 1 ; f~) ~ I