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HomeMy WebLinkAboutNotice PLANNER 7/16/2009 . . ~~ 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 . . 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 ,- -< .~::0ih>":-': ':,'~j' )":T: :,fi:' ,,,:,' ) -;;<, -'_~,,:' " ~!_ _ " ',,; 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 . . 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 1 . . 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 3 . . i' 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 . . 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 . . 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 6 . . 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. . 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 . . 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 . . 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 . . '. 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 . :'.':. . . '. ..... . .......-. .'., . . . 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 . Olson and Morris 380 Q Street, Suite 200 Springfield, OR 97477 . . \_ I . ./.1. ~~13" . .-' ~~ .', '.