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HomeMy WebLinkAboutCorrespondence APPLICANT 8/25/2009 . . L1MBIRD Andrew From: Sent: To: Subject: Attachments: Ron Rice - Geomax, Inc. [ronrice@geomax.us] Tuesday, August 25, 2009 3:49 PM . L1MBIRD Andrew PRE 2009-00008 limbird-access-issues-825. pdt Hi Andy, Attached is our letter setting out our issues with off-street connectivity for this project and our request that this be evaluated as a minor variance. I would appreciate it if you would distribute the courtesy copies for. me as you offered. Please let me know what we need to do to expedite this project approval without this onerous connectivity requirement. This could put several people to work for a few months and we all know we need that NOW!!!. Geomax, Inc. Ronald D. Rice, PE, PLS 541-942-0126 1 Date Received: . Planner: AL Ffr/~1 / ~, . . Deo",a~ ~ August 24, 2009 PROFESSIONAL ENGINEERS LAND SURVEYORS BUILDING DESIGNERS B06 N. NINTH STREET COTTAGE GROVE, OREGON 97424 TELEPHONE, (541) 942""'26 FAX' (541)942.7935 Mr. Andy Limbird, Planner Comml!nity Services Department City of Springfield 225 Fifth St. Springfield, OR 97477 Re: Chan Project, 1775 Main Street, Case # PRE2009-00008. Dear Andy: As you know we have some issues with the conditions of approval of the above referenced project. After re-design of the site we believe we have resolved most of the is~ues, however a few rather thorny ones remain. The major issue remaining is the requirement of Springfield Development Code (SDC) Section 4.6-120(F) that we provide driving connectivity to adjacent parking lots in the same zone. Fulfilling the letter of this condition will require that we provide a driving connection to the Dari- Mart to the east, the Collision Repair shop to the west and the topless bar to the south. We have several issues with this requirement as follows: 1. Stonn Water Treatment; providing two-way access to the Dari-Man on the east and the Collision Repair shop 011 the west will jeopardize the bia-treatment swale we have designed for treatment of storm water in accordance with the SDC. Due to tbe placement of the adjacent improvements, we will either lose the bio-swales or will lose several parking spaces on the west side, adversely impacting both stonn water treatment or parking capacity. The result will be either loss ofbio-treatment or loss of building area due to parking limitations or both. 2. Aesthetic Issues; the existing parking lot to the south serves a nude bar which is sited, literally, a few feet trom our south property line. One of the site development conditions (which we support) requires a fence between our client's development and the nude bar property and further requires that fence be slatted or solid plank to provide a visual screen. If we must provide connectivity to the adjacent south parking lot in the same zone we will have to cut a 30 foot bole in that fence to allow two-way traffic through, negating the whole idea of screening of the nude bar from our customers and tenants. The nude bar is obviously not a desirable neighbor and generally has a less than polite clientele with questionable personal hygiene habits. Providing our site with a sight and pedestrian access barrier from the activities on this lot is important to the successful commercial development Page I of 3 Date F<eCeived:~~' Planner: AL il " . . Mr. Andy Limbird, Planner, City of Springfield Site Review, 1775 Main St, PRE 2009-00008 August 25, 2009 of this property. We recognize that this business has a right to exist here but that doesn't mean we want their clientele in our laps (no pun intended). ' 3. Security of the Proposed Development; this project is intended to provide rental spaces suitable for small tradesman/artisan shops and it is expected that each unit will contain several tens of thousands of dollars in merchandise and tools. The owner has requested that we provide reasonable security measures and we have proposed a 6' tall chain link fence around the site to discourage break-ins and "tagging" as a part of those security measures. The owner intends to decide on whether or not to totally enclose the site by gating it after he has some experience with the initial security measures proposed, Without a continuous fence, the at risk portions of the site are wide open and cannot be secured. The commercially efficient layout of the building and the city easement across the back of the property make it difficult for law enforcement to monitor the activities in the rear portions of the building as the units face parallel to the street and a "hidden" area exists behind the building. Thus the requirement to connect these very dissimilar businesses through the parking areas of our project represents an unfair security and property risk burden on our client and adversely impacts his ability to have a commercially successful rental property. 4. Random Pedestrian Access; access by persons not having legitimate business on the property is of concern as the liability of the owner and tenants is significantly increased when pedestrian traffic increases, especially at night Any slip and fall, vehicle accident or personal assault, especially at night and regardless of the sobriety of the victim, driver or perpetrator, is sure to generate a personal injury suit that our client must defend against even though the site meets all safety code requirements. This requirement for connectivity between such differing uses thus amounts to the City requiring a de facto easement that represents an unjustifiable taking of property rights and creates an unfair burden on our client that cannot be justified by access needs, as all adjoining lots have existing direct access to a public street. Based on this Dolan issue alone, connectivity should not be a condition of approval. 5. Effectiveness of the Code Provision; strict adherence to this code provision will not provide any significant decrease of traffic load or movement on Main Street because the businesses are so dissimilar that it is rare that a person would patronize the Dari-Mart and the collision shop on the same trip. We do not claim this event will not occur, only that it will be so rare as to be insignificant in the traffic flows on Main Street. It is also unlikely that a person patronizing one of the crafts/tradesmen tenants in the building would want to visit the collision repair facility or the Dari-Mal1 on the same trip. Off street connectivity is more efficient where a shopping center is connected off-street with a grocery or service station where there is relatively high volume traffic at each business and thus more persons who would utilize adjacent retail businesses and more traffic that could be off loaded from the public street. 6. Traffic Short-cutting; providing a direct path from A Street to Main Street via the nude bar to the south through the subject property is not, in my opinion, good traffic planning. We Page 2 of 3 Date ~eceived: Planner: AL f4.;),d! / I . . Mr. Andy Limbird, Planner, City of Springfield Site Review, 1775 Main St., PRE 2009-0000& August 25, 2009 will be actually increasing the number of entry/exits on A Street and on Main Street by permitting drivers to short-circuit the existing one-way couplet connections in public rights of way. Traffic on private lots is essentially unregulated and law enforcement agencies will not enforce traffic laws on private property in my experience. Therefore there is a high probability that if off-street connectivity is provided, there will be more traffic accidents in this area and certainly additional traffic entering Main and A (not generated by our clients <;Ievelopment) by reason of the off-street connectivity. We co'uld better understand the desire for off-street connectivity between adjacent lots if the uses were similar. In this case east is a convenience store, west is an auto repair shop and south is a nude bar. None of these uses is similar in character to the planned occupancies on this lot which will be small contractor's shops, artisan's shops or trade-craft shops. None of the uses on the subject property are high traffic volume uses and providing off-street connectivity will only increase the traffic load on Main Street. Therefore the requirement for off-street connectivity is both supertluous and extremely damaging to our client in this case. We wish to request a minor variance under SDC 5.21-125A5 and C to allow development of this site without providing for off-street connectivity to the dissimilar businesses east, west and south of the subject property even though the adjoining properties are in the same land use zone. As we read the pertinent section. the Director may, at his or her discretion. make an interpretation allowing this request to be judged as a minor variance as the issue concerns primarily parking spaces and the need to maintain a minimum number of spaces, which providing the requested off- street connectivity would adversely impact (along with storm water treatment). The Director may also make the determination under paragraph 5.21- ) 25.C as an additional minor variance category concerning site safety, security and a finding that adequate connectivity currently exists for all lots concerned. 'Please let me know as soon as possible if you feel a request for minor variance is appropriate to this situation. Sincerely ~, . - Ronald D. Rice, PE, PLS Sr. Principal cc: Susan Smith, Director Public Works Bill Grile, Director Community Development Ken Vogeny. City Engineer Tom Boyat!, Manager, Transportation Section V :WnljrX:1S'\2008\1182\\\'ptk)\'.'~\..;lllith-IIl;":~,,!,.js."tl~.,,. R24 Page 3 of 3 Date Fleceived: fH"/~1 Planner: AL