HomeMy WebLinkAboutNotice PLANNER 7/16/2009
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RECEiVED
AFFIDAVIT OF SERVICE
JUL 1 6 2009
BY:~~~
STATE OF OREGON)
)ss.
County of lane )
I, Karen laFleur, being first duly sworn, do hereby depose and say as follows:
1. I state that I am a Program Technician for the Planning Division of the
Development Services Department, City of Springfield, Oregon.
2. I state that in my capacity as, Program Technician, I prepared and ~ause~ to bAl
mailed copies ofDR.C20oQ-(X)OI'f ~ - <d.MUlL~ ~ '7lUPf,
(See attachment nAn) on 2009 addressed to (see ,*,JuS- r '~~~ <.LO 'Cf4
Attachment Bn), by causing said letters to be placed in a U.S. mail box ~ if
postage fully prepaid the,reon.
~~ '1fj~
KARE LaFLEUR
STATE OF OREGON, County of lane
2009. Personally appeared the above named Karen laFleur,
r gram echnician, who acknowledged the foregoing instrument to be their voluntary
act. Before me:
. OFFICIAL SEAL
DEVETTE KELLY
NOTARYPUBUC-OREGON
'.' ,- ; COMMISSION NO. 420351
MY COMMISSION EXPIRES AUG. 15, 2011
/\r /r!tfJ;';
My Commission Expires: g/;~//! 'tr/V
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Staff Report and Notice of Decision - Site Plan (Final) Type I
Fresenius Medical Care Clinic (Purvis Dialysis)
Project Name: Site Plan - Fresenius Medical Care of Springfield
Project Proposal: To develop a 10,349 sq. ft. out-patient dialysis clinic and associated site work.
Case Number: DRC2009'00014
Project Location: The subject property is located at 304 Q Street; Assessor's Map 17-03-26-24 TL
1S00 and 1600.
Zoning: Community Commercial
Overlay Districts: Drinking Water Protection Overlay,
Applicable Refinement Plan and Designation: Gateway
Metro Plan Designation: Commercial
Refinement Plan Designation: Q Street Refinement Plan--Community Commercial
Pre-Submittal Meeting Date: November 7, 2008
Application Submitted Date: April 14, 2009
Tentative Site Plan Decision Issued Date: May 28, 2009
Final Site Plan Approval Date: July 16, 2009
Associated Applications: Tree-Felling Permit (DRC2009-00020)
,~' ;it~:F:;;~~q:;;tA~t~~,"Ct;T'l;)6F)SpitiNGF1EtD,iJEftELQRMfivtREI!IEWtfAil/1)i70::;t~):'tii.;'..' ,7)ii'it:;
POSITION REVIEW OF NAME PHONE
Planner III Land Use Planning Mark Metzger 726-3775
Transportation Planning Engineer Transportation Jon Driscoll 726-3679
Public Works Engineering Sanitary & Storm Sewer, Clayton McEachern 736-1036
Utilities & Easements
Fire and life Safety
Building
Deputy Fire Marshali
Community Services Manager
Gilbert Gordon
Dave Puent
726-2293
726-3668
Dr. Mattox Purvis
Springfield Dialysis LLC
3385 Riverbend Drive, Suite 200
Springfield, OR 97477
'APPUcANT:S . !t). . ',.)))) : APPL1CANT!St"t.:J',t ,-
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I/EP~ESENTATlVEii'; ',' ;:'; 'REPRES€NT,4Ill/€.:;i',
Edward Johnson Olson Morris
Christopher Kidd and Asso. 380 Q Street, Suite 200
N48 W165S0 lisbon Road Springfield, OR 97477
Menomonee, WI 530S1
DRC2009-00014 Final Site Plan Review
Fresenius Medical Care-Dialysis Clinic
July J 6, 2009
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I. EXECUTIVE SUMMARY AND DECISION
Fresenius Medical Care Clinic of Springfield is a dialysis clinic proposed for a two-lot infill
development site on Q Street, just east of 2" Street. The existing lots are occupied by
residences and outbuildings. Several trees are located on the site, requiring a tree-felling permit.
A Tree-Felling Permit has been submitted and it shows that many smaller trees will be removed,
but four large walnut and evergreen trees will be preserved. The proposed 10,349 square foot
clinic will host 18 employees. The facility will provide outpatient care as opposed to overnight
care.
The applicant submitted a tentative site plan application on April 14, 2009. A tentative approval
was issued by staff on May 28, 2009 with twelve conditions listed that must be met to for final
site plan approval. The applicant submitted the final site plan on June 16, 2009. This report
analyzes the new site plan against the conditions issued in the tentative plan approval.
Based on the analysis of the revised site plan against the conditions set forth in the tentative site
plan approval, staff finds that the applicant has satisfied those conditions for site plan approval.
Certain conditions listed in the tentative site plan approval for drinking water protection and fire
and life safety shall be met at the time of construction plan review, public improvement plan
review and final inspections at the time of initial occupancy. These are detailed in the
Development Agreement attached to this decision.
Procedural Requirements'
Section 504-100 (Table 5.4-1) of the Springfield Development Code Development Applications
shows that Final Site Plan Review is a Type I application. Type I decisions are made by the
Director without public notice and without public hearing. Under a Type I procedure, the
Director may approve, approve with conditions, or deny the application. The Director's decision
shall address all of the applicable approval criteria and lor development standards. The
director's decision is the final decision of the City. The Director's decision is effective on the day
that it is mailed or otherwise provided to the applicant.
Criterion for Approval
Section 5.17-135 describes the Final Site Plan Review process and the approval criteria to be
applied when an application is submitted. The review criterion described in the section states:
"The submittal shall incorporate all approval conditions listed in t"he staff report," [referring to
the staff report listing conditions of approval for the final site plan].
The body of this staff report and notice of decision compares the final site plan submission
against the conditions of approval listed in the Notice of Decision for the tentative site plan
(Case. No. DRC2009-00014) issued by staff on May 28,2009.
"The submittal shall incorporate all approval conditions listed in the staff report"
Conditions of Approval:
DRC2009-00014 Final Site Plan R""il?W
Fresenius Medical Care-Dialysis Clinic
July 16. 2009
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Condition of Approvol #1: Execute and record five feet of street right-of-way dedication along
the Q Street site frontage. The existing paving width, the right of way width, half widths and
dedication shall be dimensioned on the final site plan.
Applicant Response: "The five-foot right of way dedication has been shown on the site plan for
future use. See revised Sheet Ai00. It coincides with the existing five foot easement on the
property." A right-of-way dedication document has been prepared by the applicant and
submitted to the City. Timing of execution of the document is at the discretion of the City. This
condition has been met.
Condition of Approval #2: To ensure continued functioning of the curb inlet the pressure line
from the detention basin will need to first discharge into a manhole or other approved structure
before gravity flowing into the public system at the curb inlet.
Applicant Response: We have not added another manhole to the project as we do not believe
this is necessary. The lO-inch pipe connected to the back of the curb inlet will not be
pressurized. It is correct that a small sump pump will direct water to this pipe, approximately 70
feet from the inlet. However, the amount of water being pumped int<;> the 10 inch pipe will not
cause the pipe to flow full, thus allowing it to act as a gravity line. Also, the 70 feet of pipe has
several connections for roof drains, etc. which will allow any small amount of pressure at the
upstream of the pipe to completely dissipate prior to entering the curb inlet. The 10 inch pipe
will act as a gravity pipe at the inlet connection." The current drainage design does not
discharge pressurized flow to the public system. This condition has been met.
Condition of ADDroval #3: Prior to approval of the final site plan, the applicant shall provide an
operations and maintenance plan to the City for review to ensure the long-term maintenance
and operation of the proposed FLOGARO catch basin insert, consistent with maintenance
criteria required by the manufacturer. The plan should designate maintenance responsibility for
operating and maintaining the system, and should be distributed to all property owners and
tenants of the site.
Applicant Response: "The manufactures recommended maintenance plan has been attached to
this submittal, and should be incorporated into the development agreement to bind the
property." An operations and maintenance plan was submitted with the Final Site Plan.
Maintenance agreement does not specify responsible person on site (or provide a contract with
an outside company for maintenance). This condition has not been met.
Prior to occupancy. a more detailed maintenance plan shall be submitted for City (Public
Works) approval. The maintenance plan shall name a responsible person or agent of the.
applicant who shall maintain the catch basin as specified in the FLOGARD documentation.
Condition of ADDrovDI #4: Prior to Final Plat approval, the applicant shall submit a proposed seed
mix for the private vegetative water quality swales (bio-swales). The seed mix shall meet the
requirements ofthe City's interim design standards as required in Section 3.02 of the EOSPM. The
City of Portland stormwater management manual may be referenced for design.
Applicant Response: "Please see revised sheet Li0i for the seed mix information." A suitable
seed mix has been shown on the landscaping plan. This condition has been met.
DRC2009-00014 Final Site Plan Review
Fresenius Medical Care-Dialysis Clinic
July 16, 2009
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Condition of ADDroval #5: The proposed grassy swale at the northwest site corner appears to be
graded to have only 3-4" of depth. To provide adequate function and avoid overtopping this swale
should be 6-12" deep (per the "Grassy Swale" design in the Portland Stormwater Manual).
Provide an amended graded plan providing this depth for the bio-swale.
Applicant Response: "The grading of the swale has been revised to meet a minimum depth of 6
inches along the entire length of the swale. This is shown on revised sheets C2 and CS." The
grading now shows a proper swale depth. This condition has been met.
Condition of ADDroval #6: To ensure a fully functioning water quality system and meet
objectives of Springfield's MS4 permit, the Springfield Development Code and the EDSPM, the
proposed private vegetative water quality swale shall be shall be fully vegetated with all
vegetation species established prior to approval of Final Plat. Alternatively, if this condition
cannot be met, the applicant shall provide and maintain additional interim erosion
control/water quality measures acceptable to the Public Works Department that will suffice
until such time as the swale vegetation becomes fully established.
Applicant Response: "The vegetation shall be installed as soon as the construction schedule
allows and properly nurtured and maintained to promote quick establishment for Approval of
the Final PiaL If the Final Plat Approval is needed before full establishment occurs, additional
erosion control measures shall be taken per the Public Work's Department's Direction." This
condition shall be met when verified at the completion of construction.
Condition of ADDroval #7: The Drinking Water Protection Coordinator for the Springfield Utility
Board submitted a letter to staff on May 6, 2009 outlining a series of actions and prohibitions
that are required to protect groundwater resources during the construction of the proposed
dialysis clinic and its operation. The May 6 letter was copied to the applicant and the applicant's
architect. These requirements are shown below and are incorporated into this decision as
Condition of Approval #7:
Applicant Response: "Acknowledged. The applicant, the applicant's architect and the tenant
are compiling the necessary documents needed for this permit and shall submit the required
information and fee directly to SUB. Measures to contain any fluid spills from the diesel
generator installed on the exterior of the building are shown in the attached revised drawings."
The applicant is in the process of preparing the materials required to submit the DWP'permit.
Amy Chinitz, the Drinking Water Protection Coordinator is in communication with the
applicant's representative and is assisting them with the application. Certain portions of the
DWP permit may require verification at the time of occupancy. As such the final site plan may
be approved in the absence of an approved DWP permit.
The following requ'irements which may affect construction design shall be added to the
Development Agreement:
1) The applicant shall complete a DWP Permit application and shall comply with all requirements
of the permit. The hazardous materials management plan (HMMP) submitted with the DWP
permit application must address management of the sub-base fluid containment frame (i.e.,
protocol for detecting and removing leaked chemicals), procedures for operating shut-off
valve, and placement and use of spill kits at generator area.
DRC2009-000 14 Final Site Plan Review
Fresenius Medical Care-Dialysis Clinic
July 16, 2009 ,4
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2) The proposed sub-base fluid containment frame for the generator will provide secondary
containment for the fluids contained in the generator unit. Information provided by the frame
manufacturer, Global Power Components, indicates that the frame will function as secondary
containment only if the enclosure around the generator successfully prevents water from
entering the area contained by the frame. As part of the DWP permit application review
process, the applicant will need to demonstrate that the selected weather-resistant enclosure
will prevent rainwater from entering the area contained by the frame.
3) The height of the sub-base fluid containment frame should be at least six inches.
4) The site plan shows that the curbed area around the generator will drain to a storm drain in
the southeast corner of the curbed area. To prevent potential spills from entering the on-site
stormwater facilities, drainage for the curbed area should instead be provided through the
curb. onto the mulched area to the east. The drain/opening in the curb should be equipped
with a manual shut-off valve to allow for rapid response to spills.
5) The concrete curbed area around the generator shall be sealed with a sealant that is
compatible with the chemicals in the generator set (concrete impervious to potentially spilled
materials). Information sheets for the selected sealant shall be submitted as part of the DWP
permit application.
Condition of AoorovoJ #8: The proposed accessways serving the site shall be built to support an
80,000 lb. imposed load per 2007 Springfield Fire Code 503.2.3 and SFC Appendix D102.1.
Applicant Response: "The access ways and parking lot have been designed with 3" of asphalt
concrete over 10 inches of compacted crushed rock (see Sheets C3 & C6). This design is
adequate to support an 80,000 lb. imposed load to meet Springfield Fire Code. This condition
has been met.
Condition of AoorovaJ #9: A Fire Department Connection (FDC) shall be required on the above
ground vault for supplementing the proposed fire sprinkler system. Immediate access to fire
department connections shall be maintained at all times and without obstruction by fences,
bushes, trees, walls or any other object for a minimum of 3 feet (2007 Springfield Fire Code
912.3).'
Applicant Response: "Please see Sheet C7 for this information. The Fire marshal has affirmed
that this condition has been met.
Condition of AoorovaJ #10: The site plan shows an emergency generator. Design specifications
for the generator need to be provided. More specifically, the including the type offuel used,
size of the tank and whether it is a Levell Emergency Power Supply System per NFPA 110 needs
to be clarified.
Applicant Response: Please see Kohler Power Systems Diesel Generator 180REOZJD
manufacturer's cut-sheets and the revised Sheet A11O-Site Details, as well as Specification
Section 16231 for more information regarding the generator. The generator is not intended for
use as an emergency generator per NFPA 110. The generator is a stand-by generator for use in
long term power outages in order to keep dialysis service available. An 'emergency' generator
DRC2009-00014 Final Site Plan Review
Fresenius Medical Care-Dialysis Clinic
July J 6, 2009 5
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per NFPA 110 is not required as patients do not require life-supporting equipment; no general
anesthesia is used on site; and lighting for egress purposes shall operate on a backup system."
The Fire Marshal has determined that this condition has been met.
Condition of Aaarovol #11: The Final Site Plan shall specify that all exterior lighting fixtures
including those which are wall-mounted shall have full cut-off optics and supporting
manufactures specifications shall be submitted to confirm the design of those fixtures.
Applicant Response: The applicant has provided cut sheets describing the specifications of the
exterior lighting. These cut sheets show that the exterior lighting standard shall meet the "full-
. cutoff optic" requirement found in the Development Code. This condition has been met.
Condition of Aaarovol # 12: Free standing lighting fixtures shall be limited to a height of 12 feet
wherever such lighting poles are located within SO feet of an adjacent residentially zoned
property. The Final Site Plan shall be adjusted to note exterior lighting poles of appropriate
height.
Applicant Response: The applicant has submitted a revised exterior lighting plan (Sheet E 100)
showing that the 20-foot light poles are no longer placed within 50-feet of a residentially zoned
property. This condition has been met.
Conclusion and Decision
Based upon a review of the Final Site Plan submitted by the applicant on June 16, 2009 staff
concludes that the conditions for approving a Final Site Plan as described in Section 5.17-135 of
the Springfield Development Code have been met to the extent that they can at this time. It is
noted that some conditions pertaining to Drinking Water Protection and Fire and Life Safety
shall be met at the time of construction plans are submitted or at the time of final occupancy.'
Development Agreement
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 the Final Site Plan approval
are valid for two years from the date the document 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. Work under
progress shall not be subject to Final Site Plan or Development Agreement expiration. The
Development Agreement is attached below.
DRC2009-00014 Final Site Plan Review
Fresenius Medical Care-Dialysis Clinic
July 16, 2009
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SITE PLAN REVIEW DEVELOPMENT AGREEMENT
This DEVELOPMENT AGREEMENT, hereafter "Agreement", is entered into this
day of , 2009 (the "Effective Date") by and between the CITY OF
SPRINGFIELD, hereinafter "City", and Dr. Mattox Purvis, hereinafter "Applicant", in
accordance with Springfield Development Code (SDC) Sections 5.17-145,5.17-130,5.17-140,
and SDC Section 5.1-130 (D).
RECITALS
WHEREAS, on the 16th day of July, 2009, the City approved the Final Site Plan
submitted by the Applicant for the purpose of the following:
CITY JOURNAL NUMBER DRC2009-00014--Type I Final Site Plan requesting approval to
construct a 10,349 square foot dialysis clinic at 304 Q Street, Springfield, Oregon. The clinic
will be built on two tax lots identified on the lane County Assessor's Maps as 17-03-26-24, TAX
lOTS: 1500 and 1600. The property is zoned Community Commercial.
WHEREAS, in consideration for a Type I Final Site Plan approval, the issuance of a
Building Permit, and the issuance of an Occupancy Permit, as specified in the Springfield
Development Code Section 5.17-140, Applicant agrees to comply with all of the standards in
the Springfield Development Code, Springfield Public Works Engineering Design Manual and
the Springfield Municipal Code which may be applicable to this development project unless
modified or excepted by the Site Plan Review Development Agreement, Development Services
Director, Planning Commission, Building Official or their agents, or the Fire Marshall, which
modifications or exceptions shall be reduced to writing.
WHEREAS, in consideration for this Final Site Plan approval, the issuance of a Building
Permit, and the issuance of an Occupancy Permit, as specified in the Springfield Development
Code Section 5.7-140, Applicant agrees to comply with the following specific conditions
imposed by the City as part of the Final Site Plan approval:
A. All improvements must be constructed/ installed as shown on the Final Site Plan prior to the
final building inspection.
B. The Applicant has made changes to the Final Site Plan which satisfied Conditions of
Approval listed in the Tentative Site Plan. These conditions are not listed in this agreement
since they are incorporated into the Final Site Plan. The remaining conditions listed below are
those which were not met or which cannot be met prior to the completion of the project. The
following conditions shall be fulfilled prior to final occupancy:
1) A more detailed maintenance plan shall be submitted for City (Public Works) approval. The
maintenance plan shall name a responsible person or agent of the applicant who shall maintain
the catch basin as specified in the FlOGARD documentation.
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2) The applicant shall secure an approved Drinking Water Protection (DWP) permit.
Fresenius Medical Care (Dialysis Clinic)
Journal No. DRC2009-00014
Development Agreement
July 16, 2009
Page 1 of 4
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3) The hazardous materials management plan (HMMP) submitted with the DWP permit
application must address management of the sub-base fluid containment frame (i.e., protocol
for detecting and removing leaked chemicals), procedures for operating shut-off valve, and
placement and use of spill kits at generator area.
4) The proposed sub-base fluid containment frame for the generator unit will provide secondary
containment for the fluids contained in the generator unit. Information provided by the frame
manufacturer, Global Power Components, indicates that the frame will function as secondary
containment only if the enclosure around the generator successfully prevents water from
entering the area contained by the frame. As part of the DWP permit application review
process, the applicant will need to demonstrate that the selected weather-resistant enclosure
will prevent rainwater from entering the area contained by the frame.
5) The height of the sub-base fluid containment frame for the generator unit shall be at least six
inches.
6) The site plan shows that the curbed area around the generator will drain to a storm drain in
the southeast corner of the curbed area. To prevent potential spills from entering the on-site
stormwater facilities, drainage for the curbed area should instead be provided through the curb
onto the mulched area to the east. The drain/opening in the curb should be equipped with a
manual shut-off valve to allow for rapid response to spills.
7) The concrete curbed area around the generator shall be sealed with a sealant that is
compatible with the ~hemicals in the generator set (concrete impervious to potentially spilled
materials). Information sheets for the selected sealant shall be submitted as part of the DWP
permit application.
8) The vegetated swale shall be installed as soon as the construction schedule allows and
properly nurtured and maintained to promote quick establishment prior to occupancy. Ifat
occupancy the vegetation is not established, additional erosion control measures shall be taken
per the Public Work's Department's Direction." This condition shall be met when verified at the
completion of construction.
THEREFORE IN CONSIDERATION OF THE FOREGOING RECITALS WHICH ARE
EXPRESSLY MADE A PART OF THIS AGREEMENT, CITY AND APPLICANT AGREE AS
FOLLOWS:
1. FINAL SITE PLAN. The Applicant has submitted a Final Site Plan in accordance with
Section 5.7-135 of the Springfield Development Code.
2. STANDARDS. The applicant agrees to fulfill all applicable standards specified in the
Springfield Development Code and the specific standards listed in the RECITALS prior to the
occupancy, unless certain conditions have been deferred to a later date in accordance with
Section 5.17-150 of the Springfield Development Code.
3. CONDITIONS. The applicant agrees to fulfill all specific conditions of approval
required by the City listed in the RECITALS prior to occupancy, unless certain conditions have
been deferred to a later date in accordance with SDC Section 5,17-150 of the Springfield
Development Code. .
Fresenius Medical Care (Dialysis Clinic)
Journal No. DRC2009-00014
Development Agreement
July 16, 2009
Page 2 of 4
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4. MODIFICATIONS. The Applicant agrees not to modify the approved Final Site Plan
without first notifying the City. Modifications to the Final Site Plan shall be reviewed in
accordance with Section 5.7-145 of the Springfield Development Code.
5. MAINTAINING THE USE. The Applicant agrees to the following:
(a) The building and site shall be maintained in accordance with the provisions
of the Springfield Development Code in order to continue the use.
(b) It shall be the continuing obligation of the property owner to maintain the
planting required by Section 4.4-100 through 4.4-105 of the Springfield Development Code in
an attractive manner free of weeds and other invading vegetation. In addition, plantings in the
vision clearance area shall be trimmed to meet the 2 1/2 foot height standard in accordance
with SDC Section 4.2-130 of the Springfield Development Code.
(c) Parking lots shall be maintained by the property owner or tenant in a
condition free of litter or dust, and deteriorated pavement conditions shall be improved to
maintain conformance with these standards.
(d) Undeveloped land within the development area shall be maintained free of
trash and stored materials in a mowed and attractive manner. Undeveloped land shall not be
used for parking.
6. In addition to all other remedies which may be provided by law or equity (including
but not limited to penalties provided by applicable State Law or City Ordinances), Applicant
agrees the City may enforce Applicant's responsibilities by withholding Applicant's Final
Occupancy Permit, and terminating any Temporary Occupancy Permit which may have been
granted.
7. Any Final Site Plan approval becomes null and void if construction does not
commence within one year of the date of the agreement.
IN WITNESS WHEREOF, the Applicant and City have executed this Agreement as of the date
first herein above written.
Fresenius Medical Care (Dialysis Clinic)
Journal No. DRC2009-00014
Development Agreement
July 16, 2009
Page 3 of 4
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APPLICANT
BY:
Date
BY:
STATE OF OREGON, County of
,2009. Personally appeared the above named , who
acknowledged the foregoing instrument to be their voluntary act. Before me:
Notary Public for Oregon
My Commission expires
CITY
BY:
Date
STATE OF OREGON, County of
,2009. Personally appeared the above named , who
acknowledged the foregoing instrument to be their voluntary act. Before me:
Notary Public for Oregon
My Commission expires
Fresenius Medical Care (Dialysis Clinic)
Journal No. DRC2009-00014
Development Agreement
July 16, 2009
Page 4 of 4
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CITY OF SPRINGFIELD
DEVELOPMENT SERVICES DEPARTMENT
225 5th ST
SPRINGFIELD, OR 97477
Dr. Mattox Purvis
Springfield Dialysis LLC
3385 Riverbend Drive, Suite 200
Springfield, OR 97477
CITY OF SPRINGFIELD
DEVELOPMENT SERVICES DEPARTMENT
225 5th ST
SPRINGFIELD, OR 97477
Edward Johnson
Christopher Kidd and Assoc.
N48 W 16550 Lisbon Road
Menomonee, WI 53051
CITY OF SPRINGFIELD
DEVELOPMENT SERVICES DEPARTMENT
,225 5th ST
SPRINGFIELD, OR 97477
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Olson and Morris
380 Q Street, Suite 200
Springfield, OR 97477
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