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HomeMy WebLinkAboutNotice PLANNER 6/3/2009 " ...."'.... . . ])w ~.. RECEIVED AFFIDAVIT OF SERVICE JUN 3 2009 By:IlRilt~~~ I of f1 p~ STATE OF OREGON) )ss. County of Lane ) I, Karen LaFleur, being first duly sworn, do hereby depose and say ls follows: . . I 1. I state that I am a Program Technician for the Planning Division of the Development Services Department, City of Springfield, O/-egon. 2. I state that in my capacity as, Program Technjcian, I preJarqd and c Ul.ed to be mailed copies of ~ g - . - Yw:t . (See attachment "A") on 2009 addressed to (see 1? i?tp"v, 'I . Attachment B"), by causing said letters to be placed i~ a U.S. mail box with ~ postage fully prepaid thereon. ~~U~aJJua STATE OF OREGON, County of Lane A-fU..-- 2009. Personally appeared the above narned Karen LaFleur, r gram Technician, who acknowledged the foregoing instrumeht to be their voluntary act Before me: ., OFFICIAL SEAL DEYEITE KELLY NOTARY P118l1C. OREGON COMMISSION NO. 420301 MY COMMISSION EXPIRes AUG. 16.2011 ~~ My Commission EXPires! g Ii 5/ / / / I " j.. ,\ \ 1,"- ( \ ....:-._l....\./......,J } I . . ,;, 'i: ~.}: '\ ) I,' ""..' ~-;,....: - .._~ ~ '; ! \y ~ .:T ';;, :: . ..;: :.~~.~ it"'1 .. I.' .;"0' r :""IJI j,~ f.! !~: II . ( " I"~".J ." ,\, . t\ ~ 1\ ;" ~ \',). \ \J\I.}:ti.:\~j.....,..;~J-' (\\~~.~)~.i..).J u \ .- . ... ~ -, oJ \'~; r,\ \ \ i ~1-'() \ , ; " t. h ,.. "",.f"'. l~....,:),~~.),}\~'. 1-. ., \) . .~- " .., r I "'T '\ ~)J.J,;,,-:-:' ~_..J.l.J'" _c' o r I".t,ry~ 'if ...!l~'tSt\fL~':i ) .. It . t.r- . '. ,.-)~0j3~\!) ~nr-i7J ,1~..5J..~~}~ - ~V~:1:.K.\t~,...'~(j.,~..~.~i1. _. .... \ , (7 i.~:JJ ._, , r. ", \' ) f<,I\ ~ . ,\ '0. t ,-- \\ .', i. .~ ~"' \ I \ '\ ....,'..,..\.:JJ,....;::../..../ '.J . \ , , ..', \'-' \' \' J, II ''f.> ,..,,~,!.l..j"_ J ( \ , . . . , . Notice of Decision - Site Plan Review - Type II Project Name: Site Plan - R Repair & Service Project Proposal: Construct 6,380 ft' of new paving, landscape, and other code-related improvements I' Project Location: 244 39th Street f.1 ~". t~:t;j~~l;:fr.!t.::--'"":~ ~ ...~.. )~t':J.ff'...!i ~_-I . 1~~,"!;;'D"~~~,;;~/~~:,~. ~a' i~L:!<J~'II' , , ~,p_.. j~,.. -J. "'" -,-'. -t , ' ':.~,....uE:!D ~ L"'~"-".ffilj~"'!F I t;*-@h.-'~"""1""'~~ l/~:Wi"_g~' ~ ,'Q ~-'-_D " " _._ ::'1' ;'~,"q:i'~ : ""':.' j~~-'"J' I , Iii ':~Y. '~':";~I : J( '~ ... '""'iP'74!t ~~"l!f limIt __ -~ 'i'~' 'f. ::t, ", -!':~J ^ : , - PnLi.i":!f .' , ;;''''' \ -to - -.- - ." ':':I~'jii.. ~1 ~~.c7.~' ~c" - ~';;' ;"i,':'~I,;IL- I.,.J, ,- - '~~-"r.lJ' ':' ,,;dUr ::il'1'J - ;/ :.'~: t;:" ~ -~:tf':' ~J' , ~~- ,'" 't ~[l~ l' ',,' ',".. ',..... y,\3:,;.". . :"-,,' Case Number: DRC2009-00008 Zoning: Light Manufacturing Industrial (LMI) Overlay Districts: Drinking Water Protection: 10 - 20 year Time Of Travel zone Applicable Refinement Plan and Designation: Mid-Springfield Metro Plan Designation: Medium-Density Residential pre-Submittal Meeting Date: March 31, 2009 Application Submitted Date: March 11, 2009 Decision Issued Date: June 3, 2009 Appeal Deadline Date: June 18, 2009 Associated Applications: PRE2008-00065 CITY OF SPRINGFIELD DEVELOPMENT REVIEW TEAM POSITION REVIEW OF NAME I PHONE Planner II Urban Planning Lissa Davis 726-3632 Transportation Planning Engineer Transportation Jon Driscoll 726-3679 Public Works Engineering Sanitary & Storm Sewer, Eric Walter 736-1034 Utilities & Easements I Deputy Fire Marshall Fire and Life Safety Gilbert Gordon 726-2293 Community Services Manager Building Dave Puent 726-3668 I OWNER/APPLICANT AGENT/ENGINEER I Randy McDougall Scott Morris/ Olson & Morris I 244 39th Street 380 "Q" Street #200 Springfield OR 97478 Springfield OR 97477 I BACKGROUND: This site has operated as an auto/boat repair shop since ,1997. There is an existing 60s style Quonset hut of approximately 5,200 ft'. The structure J,as constructed very Site Plan DRe 2009-00008 . . . ,. close to the front property line with limited parking. This proposal is an effort to bring the property up to current City of Springfield Development Standards. DECISION: As proposed, the application is approved with conditions, as ofthe date of this letter. This is a limited land use decision made according to city code and state statute. Unless appealed, the decision is final. Please read this document carefully. The standards of the Springfield Development Code (SDC) applicable to each criterion of Site Plan Modification Approval are listed herein and are not satisfied by the submitted plans and documents. OTHER USES THAT MAY BE AUTHORIZED BY THE DECISION: None.' REVIEW PROCESS: This application is reviewed under Type II (administrative) procedures listed in Springfield Development Code Section 5.1-130 and the site plan criteria of approval SDC 5.17- 125. This application was accepted as complete upon submittal, March 11, 2009. This decision is issued on the 53" day of the 120 day review period mandated by the state (ORS 227.178). ZONING AND SURROUNDING LAND USES: General Zonin!! Information: The Property is located within the LMI zoning district. Properties to the south is also LMI, while the properties on the north and west are LDR (Low-Density Residential) and MDR (Medium- Density Residential) on the east. All of The abutting properties have existing structures except for the south property which is a vehicle storage yard. -' a. I Iii '" WRITTEN COMMENTS: Applications for Limited Land Use Decisions require the notification of '. property owners/occupants within 300 feet of the subject property allowing for a 14 day comment period on the application (SDC Sections 3.080 and 14.030). The applicant and parties submitting written comments during the notice period have appeal rights and are mailed a copy of this decision for consideration (see Appeals at the end of this decision.) In accordance with SDC 3.080 and 14.030, notice was sent to owner/occupants within 300 feet of the subject site on September 24, 2008. One comment was received regarding this application. Tim Flippen, 355 North 38th Place, Springfield, had no issues with the application and inquired as to the purpose of paving 7,000 ft' adjacent to his rear yard. His only concern would be if a new use was proposed for that portion of the property. Site Plan DRe 1009-00008 1 . . . , Site Plan - Criteria of Approval SDC 5.17-125 SDC 5.17-125 CRITERIA OF SITE PLAN APPROVAL states: The Director shall approve, or approve with conditions, a Type II Site Plan Review Application upon deterfnining that criteria A through E of this Section have been satisfied. If conditions cannot be ~ttached to satisfy the criteria, the Director shall deny the application. I Conformance with the Eugene-Springfield Metro Areo General Pion, Springfield Development Code Section 5 - Site Plan Review Standards, Section 4 - Public and Privat~ Improvements, Section 3.2-210 - Residential Zoning District were required for approval o'f the applicant's Site Plan. Finding: The City's Development Review Committee reviewed the proposed plans and supporting information. City staffs review comments have been incorpotated in findings and conditions contained herein. The Site Plan application as submitted com~lies with the code standards listed under each Criterion of Approval unless otherwise noted with specific findings and conclusions. Criterion A SDC 5.17-125 A. The zoning is consistent with the Metro Plan diagram, and/or the applicable Refinement Plori diagram, Plan District map, and Conceptual Development Plan. I Finding: The LMI zoning is NOT consistent with the Metra Pion diagram a1nd Mid-Springfield I Refinement Plan diagram designation, which is Medium-DenSity Residential (MDR). Finding: This use has been in continuous LMI use since prior to adoption tthe Metro Plan. The current proposal is to bring existing storage and parking areas up to curre'nt safety and storm I water retention standards and are not considered a change of use or significant redevelopment. Therefore, the existing use may continue as a non-conforming use, pursu~nt to SDC 5.8,100. Any significant change of use or redevelopment shall be required to meet the MDR Zoning Code requirements. Conclusion: The proposal satisfies Site Plan Criterion A. Criterion B I SDC 5.17-125 B. Capacity requirements of public improvements, including but not limited to water and electricity; sanitary sewer and storm water management facilities; and rtreets and traffic I 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 0 utility provider shall determine capacity ~~ I Site Plan ORe 2009-00008 3 . . . Criterion C SDC 5.17-125 C. The proposed development shall comply with all applicable public and private design and construction standards contained in this Code and other applicable regulations. Finding: Criteria Band C require th.e proposed development to be provided with public and private improvements which are designed in conformance with all applicable Development Code requirements and the current Engineering Design Standards and Procedures Manual. The applicant's civil engineer shall also be required to provide construction inspection services. Finding: The intent of Criterion B is to ensure that public improvements are installed and serve development in accordance with the Metro Plan. The Metro Plan indicates that new urban development must be served by at least the minimum level of key urban services at the time development is completed (Eugene-Springfield Metro Area General Plan, III-G-1). 5ite Plans are development in accordance with ORS 227.215. The City interprets Criterion B to mean that on- site and off-site public improvements not only have capacity but are also extended to the developable area for connection. Therefore, in order to ensure the development complies with" Criterion B for the provision of "public infrastructure the required public improvements must be installed and approved before final site plan approval or occupancy ofthe site. Finding: The Development Review Committee arid the Public Works Director's representatives have reviewed the proposed site plan and the surrounding public services. The site plan application does comply with the applicable code standards listed under Off-Street Parking Standa"rds - SDC 4.6-515, as well as with the other sub-element unless otherwise noted with specific findings and conclusions. The elements, sub-elements and code standards of Criterion B and Criterion C include but are not limited to: 1. Public and Private Improvements in accordance with SDC Section 4 - Public and Private Improvements . Public Street and Related Improvements - SDC 4.2-105 through SDC 4.2-160 . Sanitary Sewer Improvements - SDC 4.3-105 " . Storm Water Management and Water Quality Protection - SDC 4.3-110 through 4.3-115 . Utilities and Public Easements- SDC 4.3-120 through 4.3-140 . Public and Private Easements - SDC 32.120(1) and (5) 2. Canfarmance with standards of SDC Section S - Site Plan Review Standards, and Section 3.2- 400: Light - Medium Industrial District . Permitted Uses-SDC 3.2-410 . Off-Street Parking Standards - SDC 4.6-515 . Fence Standards - SDC 4.4-11S . landscaping Standards - SDC 4.4-105 . Screening and lighting - SDC 4.4-110 and 4.5-100/110 . Parking Standards - SDC 4.6-100 through 4.6-110 3. Applicable Overlay Districts and Refinement Plan Requirements . Mid-Springfield Refinement Plan policies are applicable to this development. Site Pion ORe 2009-00008 4 . . Finding: All public and private site improvements are required to be designed in conformance with City codes, this decision, and the current Engineering Design Standatds Manual. The applicant's civil engineer shall also be required to provide construction inJpection services. Finding: ~he Public Works Director's and Fire Marshall's representatives ~ave reviewed the proposed site plan. City staffs review comments have been incorporated in findings contained herein. Candition 1: In order to ensure adequate emergency vehicle ingress, purchase a Public Works lock for the manual gate and provide a key to Fire Department administra'tion at 22S Sth Street. Lock may be purchased at Heyman's Safe,Lock, and Security, 13114'h Strret, Springfield. Public and Private Improvements in Accordance with SDC 5.17-100 and 4.1-100; 4.2-100; and 4.3-100 PUBLIC STREETS/TRANSPORTATION FACILITIES AND IMPACTS -- SDC 4.2-10S through SDC 4.2- 160 Finding: Site access is provided via 39th Street. Finding: The proposed use is comparable to ITE Land Use Code 942 (Automotive Car Center). Based on that assumption the total trip generation from this developm~nt upon completion of the proposed expansion would be as follows: I . PM Peak Hour = 1,474 SF of gross floor area x 2.9 trips per 1,000 SF = 16 trips In addition, the assumed development may generate pedestrian and bicycle trips. According to the "Household" survey done by LCOG in 1994, 12.6 percent of household trips are made by bicycle or walking and 1.8 percent are by transit bus. These trips ma~ have their origins or destinations at a variety of land uses, including this use. Pedestrian and bicycle trips create the need for sidewalks, pedestrian crossing signals, crosswalks, bicycle parkink and bicycle lanes. Finding: Assuming proper on-site design, existing transportation facilitieslWOUld be ade~uate to . I accommodate the additional volume of traffic generated by the proposed development. Conclusion: Existing transportation facilities would be adequate to accoJmodate additional trips generated by the proposed development. SANITARY SEWER - SDC 4.3 SDC 4.3-lOS.A requires that sanitary sewers shall be installed to serve each new development and to connect developments to existing mains. Additionally, installation bf sanitary sewers shall provide sufficient access for maintenance activities. SDC 4.3-10S.C requires that proposed sewer systems shall include design consideration of I additional development within the area as projected by the Metro Plan. Section 2.02.1 of the City's Engineering Design Standards and Procedures Manual (EDSPM) states that when land I outside a new development will logically direct fiow to sanitary sewers in the new development, the sewers shall be public sewers and shall normally extend to one or mole of the property boundaries. Site Plan ORe 2009-00008 5 . . Finding: Section 4.3-10S.A of the SDC requires that sanitary sewers shall be installed to serve each new development and to connect developments to existing mains. Additionally, installation of sanitary sewers shall provide sufficient access for maintenance activities. Property currently has existing sanitary sewer service from an existing 8" waste water line located at the west end of property thus satisfying this requirement. Finding: The applicant has indicated there is an existing sanitary sewer serving the existing building. The building lateral connects to an existing 8" line located at the west end of property located within an existing 14' sanitary sewer easement. Finding: The applicant has indicated the existing outdoor trash dumpster will be removed and relocated to the interior of the building. Therefore, there will be no need for a sanitary sewer connection to an exterior enclosed trash enclosure. A Type 1 Site Plan Modification to cover and contain dumpster locations shall be required if complaints are documented. Conclusion: The application, as submitted, meets the criterion of SDC 4.3 STORMWATER MANAGEMENT SDC 4.3-11O.B states: The Approval Authority shall grant development approval only where adequate public and/or private stormwater management systems provisions have been made as determined by the Public Works Director, consistent with the Engineering Design Stondards and Procedures Manual (EDSPM). SDC 4.3-110.D requires run-off from a development to be directed to an approved stormwater management system with sufficient capacity to accept the discharge. SDC Section 4.3-110.E requires new developments to employ drainage management practices which minimize the amount and rate of surface water run-off into receiving streams and promote water quality. Finding: Section 4.3-110.B of the SDC requires that the Approval Authority shall grant development approval only where adequate public and/or private stormwater management systems provisions have been made as determined by the Public Works Director, consistent with the Engineering Design Standards and Pracedures Manual (EDSPM). Finding: Section 4.3-110.0 of the SDC requires that run-off from a development shall be directed to an approved. stormwater management system with sufficient capacity to accept the discharge. Finding: To comply with Sections 4.3-110.D & E, stormwater runoff from the site will be directed into a water quality bio-swale prior to discharging into the public system. The bio-swale drains to a private 6" storm pipe that is connected to an existing 39'h Street curb inlet. The curb inlet discharges to a 10" pipe that drains to the main 1S" public storm system in 39'h Street. Storm water pipe work in the public right-of-way will require a City encroachment permit. Finding: The applicant has proposed that existing impervious areas on site will drain to a 6" trench drain with a sump pump that discharges to the bio-swale via a 2" pressure line. Site Plan ORe 2009-00008 6 . . Condition Z: Prior to commencing work in the public right-of-way or in a Public Utility Easement (PUE), including connection to the existing curb inlet, the applicant shall obtain a City encroachment permit. Conclusion: The application, as conditioned, complies with the criterion of SDC 4.3-110.0. WA TER QUALlTY/GROUNDWA TER PROTECTION 5 - 20 YEAR TOTZ Finding: SDC 3.3-22S.A requires a Drinking Water Protection (DWP) Permit when 1) a site is affected by a change of use; building permit, or; development applicatio,1, and 2) that action will I affect the storage of, or increase the amount of, hazardous materials that pose a risk to groundwater. This proposal does not meet criterion 1 above. Finding: This site is located in the 10 - 20 year Time of Travel (TOT) zone. SDC 3.3-235.0, apply the following standards to the 10 - 20 year TOT2 Standards. . The storage, handling, treatment, use, production or otherwise keeping on premises of more than 20 gallons of hazardous materialslthat pose a risk to groundwater in aggregate quantities is allowed upon compliance with containment and safety'standards specified by the most fecent Fire Code adopted by the City. Condition 3: Applicant shall apply for and obtain a Drinking Water Protection (DWP) permit from the City of Springfield or an exemption from SUB Water. Contact Ar!,y Chinitz at SUB, Water Quality Protection at 541.744.3745 for details and processes. Conclusion: As conditioned"this proposal will meet the above standards. Finding: As required in Section 4.3-110.E of the SDC, "a development shall be required to I ' employ drainage management practices approved by the Public Works Director and consistent with Metro Plan policies and the Engineering Design Standards and Prac~dures Manual." Finding: Section 3.02 of the City's EDSPM states the Public Works Dep1artment will accept, as interim design standards for stormwater quality, water quality facilitiek designed pursuant to the policies and procedures of either the City of Portland (BES), or th~ Clean Water Services (CWS). . I Finding: Section 3.03.3.B of the City's EDSPM states all public and private development and redevelopment projects shall employ a system of one or more post-dbveloped BMPs that in , I combination are designed to achieve at least a 70 percent reduction in the total suspended , , solids in the runoff generated by that development. Section 3.03.4.E of the manual requires a minimum of 50 percent of the non-building rooftop impervious area 0,1 a site shall be treated for stormwater quality improvement using vegetative methods. The ~pplicant has complied with this requirement for all new impervious areas proposed. Finding: To meet the requirements of the City's MS4 permit, the Springfield Development Code, and the City's EDSPM, the applicant has proposed a private vegetative vJater quality swale. The Site Plan DRe 2009-00008 7 . . private vegetative swale wiU be located at the north end of site and complies with this requirement; however, an "erosion control" seed mix wiU need to be provided. Finding: The vegetation proposed for use in the swales wiU serve as the primary poUutant . removal mechanism for the stormwater runoff, and wiU remove suspended solids and poUutants through the processes of sedimentation and filtration. Satisfactory poUutant removal wiU occur only when the vegetation has been fuUy established. ,Finding: Plans indicate there is an existing boat transfer weU on site; however, detailed information was not provided showing the operation of this weU and the method of treating and discharging the contaminated water. Condition 4: Prior to Final Site Plan approval, the applicant shaU submit a detailed plan showing how the boat transfer weU wiU operate and drain. The transfer weU water shaU be discharged to the proposed water quality bio-swale located at north side of property; however, the contaminated water will need to be treated by an oil water separator prior to discharging to the swale. Condition 5: To ensure a fuUy 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 shaU be fuUy vegetated with aU vegetation species established prior to approval of Final Site Plan. Alternatively, if this condition cannot be met, the applicant shaU provide and maintain additional interim erosion control/water quality measures acceptable to the Public Works Department that wiU suffice until such ,time as'the swale vegetation becomes fuUy established. Condition 6: Prior to use of the new facilities, the site shaU be shown to be graded to contain any runoff; an emergency shut off device between the bioswale and catch basin shaU be instaUed and operational and the bioswale shaU be outfitted with a clay liner to prevent direct discharge. UTILITIES EASEMENTS AND RIGHTS OF WA Y Finding: The applicant has indicated on plans an existing 7 ft. Public Utility Easement adjacent to the 39th street right-of-way thus complying with Section 4.3-140.A of the SDC. There is also an existing 14' Sanitary Sewer easement located on the west end of property. Finding: The applicant has indicated on plans that there are two shed structures located within the 14' Public Utility Easement (PUE). The shed structure encroachment is in violation with Public Utility Easement requirements where no building or structures or roof overhangs are aUowed to encroach into PUE. Condition 7: Prior to Final Site Plan approval, the applicant shaU relocate the existing shed structures out of the Public Utility Easement. Finding: SDC 4.4-lOS.A states that new development comply with the landscaping provisions of this Code and any applicable Refinement Plans, Plan Districts, Master Plans, and Conceptual Development Plans; is adequately screened from less intensive development; considers the Site Plan DRe 2009-00008 8 . . effects of vegetation on public facilities; retains significant clusters of natural trees and shrubs I whenever possible; minimizes run-off; facilitates energy conservation and crime prevention; and improves the appearance of the City to create a desirable place to live and work.. Finding: 4.4-lOS.D requires landscaping in all required setback areas and lny additional planting areas as specified in the appropriate zoning district and parking lot planti~g areas required in this Section. Finding: At least 6S percent of each required planting area shall be covered with living plant I materials within S years of installation. The planting acceptable per l,OOOjsquare feet of required planting is as a minimum, 2 trees not less than 6 feet in height that are at least 2 inches in caliper at the time of planting (not including root ball) and 10 shrubs, s!gallon or larger. Lawn and/or groundcover may be substituted for trees or shrubbery, unless required for screening when there are adequate provisions for ongoing maintenance. I Condition 8: Landscaping shall be installed in compliance with SDC 4.4-lOS. A landscape plan, prepared by an Oregon licensed landscape architect, shall be submitted p'rior to final sign-off. Conformance with Standards of SDC Section 5.17-100, Site Plan RevieL, Section 3.2-400, Industrial Zoning Districts Finding: T!1e purpose of Site Plan Review is to: Facilitate and enhance the value of development; Regulate the manner in which land is used and developed; Ensure the provision of public facilities and services; Maintain the integrity of the City's watercourses b~ promoting bank stability, assisting in flood protection and flow control, protecting ripariari functions, minimizing erosion, and preserving water quality and significant fish and wildlife areJs; Provide for connectivity between different uses; Utilize alternative transportation mcJdes including and walking, bicycling and mass transit facilities; Implement the Metro Plan, abplicable refinement plans and specific area plans and development plans; Minimize adverse effects on surrounding property owners and the general public through specific app'roval conditibns; and Otherwise protect the public health and safety. Finding: SDC 3.2-400 establishes and regulates industrial zoning districts, including Light- Medium Industrial Districts. Conformance with Overlay Districts and Applicable Refinement Plan Requirements REFINEMENT PLAN REQUIREMENTS Finding: The proposed development is within the Mid-Springfield Refinement Plan area. Conclusion: As conditioned, the proposed development is complies with ICriteria Band C. Site Pion DRe 2009-00008 9 . . Criterion D SDC 5.17-125 D. . Parking areas and ingress-egress points have been designed ta facilitate vehicular traffic, bicycle and pedestrian safety to ovoid congestion; provide connectivity within the development areo ond to adjacent residential areas, transit stops, neighborhood activity centers, and commercial, industrial and public areas; minimize curb cuts on arterial and collector streets as specified in this Code or other applicable regulations and comply with the ODor access management standards for State highways. 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. Effective ways to reduce the probability of traffic crashes include: reducing the number of driveways, increasing distances between intersections and driveways, and establishing adequate vision clearance where driveways intersect streets. Each of these techniques permits a longer, less cluttered sight distance for the motorist, reduces the number and difficulty of decisions drivers must make, and contributes to increased traffic safety. Finding: SDC 4.2-120(A) (1) stipulates that each parcel is entitled to "an approved access to.2 public street." The applicant proposes to provide vehicular access to the site from 39th Street via two existing driveways, a 35-foot wide and a 26-foot wide driveway. Finding: SDC 4.6-135 Loading Areas-Facility Design and Improvements specifies that: A. All necessary loading areas for commercial and industrial development shall be located off- street and provided in addition to the required parking spaces, and B. Vehicles in the loading area shall not protrude into a public right-of-way or sidewalk. Condition 9: No loading or unloading to serve the site shall be conducted within the street right of way or on street sidewalks. Condition 10: In order to ensure adequate separation between the Loading Zone and pedestrian traffic, a curb a minimum of 30 feet long shall be constructed adjacent to and west of the sidewalk along the Loading Zone. Finding: To provide for pedestrian and vehicle safety, street lighting is necessary to illuminate street and sidewalk areas adjacent to the proposed development site to an adequate level during nighttime hours. Currently, low pressure sodium lighting has been installed on power poles along 39th Street. This type of street lighting does not meet current City standards. Also, the sidewalk width is presently 3.5 feet wide and does not meet current City standards. However, it is not practicable or justifiable to require the applicant to bring the street lighting and sidewalk on 39th Street up to current standards at this time. It is appropriate to require an improvement agreement so that the property owner pays a proportionate share of-costs when the City upgrades the street sidewalks and lighting system. Condition 11: Execute and record an Improvement Agreement for sidewalk and street lighting on 39th Street. Site Plan ORC 2009-00008 10 . . Finding: In the Springfield Development Code, Table 4.2-2 states that the driveway throat depth I shall be a minimum of 18 feet. The northeastern most parking stall prohibits the throat depth from reaching this minimum. I Finding: This application was precipitated in part by complaints from neighbors of traffic congestion along 39th Street. By requiring the placement of the site parkihg stalls to meet the SDC minimum throat depth of 18 feet, congestion on 39th Street may be rbduced. Co~dition 12: In order to meet the minimum driveway throat depth of 181feet as per SDC Table 4.2-2, the most northeastern parking stall shall be relocated or removed. Condition 13: Provide and maintain 10 ft. clear vision triangles at the corners of the site driveways per SDC Figure 4.2-A. Finding: Four different aerial photos taken in the last five years show an average of 10 vehicles parked and/or stored in front of the building. The Transportation staff vi~ited the site on April 3, 2009, and as the parking lot was full-there were two vehicles partially p~rked on the sidewalk. On April 7, 2009 the staff visited again before business hours and saw 8 p~rking stalls being utilized. Finding: Parking on the west side of the street would cause restrictions on transporting vehicles with trailers into the site, while the east side ofthe street has room for grbater number of parking spaces. Condition 14: Parking is being restricted to one side of the street by the ~ire Department. The Parking shall be restricted on the west side' of the street for length of the frontage of the site, but allowed on the east side. Finding: There is room for two parking stalls on the street in front of the site. However, the I street is only 28 feet wide, so parking may be restricted by another Department in the city. If this is the case, in order not to penalize the developer for this fact, the ad~ition of one space will be counted towards fulfilling the parking requirements, but the space wo~ld not need to be painted. I ' Finding: The SDC Table 4.6-2 lists one parking space for each 300 square feet of gross floor area for "retail sales, personal service, including small scale repair and mainterlance and offices." Finding: In SDC 6.1.110, gross floor area is defined as "The total floor arJ of a building including areas used exclusively for the service of a building; for example: mechanidal equipment spaces and shafts; elevators; stairw~ys; escalators and ramps; public restrooms; ~nd enclosed loading' docks orramps". I Finding: This automotive and boat repair shop's main building has 4842 ft', and the square footage of the stairway is approximately 94 ft'. In acc'ordance with SDC T~ble 4.6-2 and 6.1-110 the standard required spaces totals 17. I Finding: SDC 4.6-110 (A) (3) (b, c, &' d) states, "The Director may authoriz~ a reduction in the number of required parking spaces without a Variance: Site Plan ORe 2009-00008 /I . . b. When the location of a building on a site makes it impractical to provide the number of required spaces without demolishing all or part of the building, and no alternative parking arrangements are reasonably available; and c. Based on an affirmative finding by the Director that the exception will have no negative impacts on neighboring properties; and d. All installed parking shall conform to the design standards of this Section and Sections 4.6-115 and 4.6-120," Finding: Based on deductions from site visits and aerial photos, the Transportation Planner believes that vehicle storage is causing problems with on-site circulation as well as customer parking, and that it is possible to reduce the parking requirements if customer and employee parking is kept outside of the gates and storage behind them. This may be accomplished by adjustments of the gates position to accommodate the required parking. Condition 15: The final site plan shall provide for a minimum of ten off-street parking stalls that are both open and accessible for employees and customers that comply with SDC 4.6-i1S and 120. Conclusion: As conditioned, the proposal complies with Criterion D Criterion E SDC 5.17-125 E. Physical features, including but not limited to: steep slopes with unstable soil or geologic conditions; areas with susceptibility offlooding; significant clusters of trees and shrubs, watercourses shown on the WQL W Map and their associated riparian areas, wetlands, rock outcroppings 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 site is not known to contain areas of historic and/or archaeological significance. Conclusion: As submitted, the proposal satisfies Criterion E. , CONCLUSION: As conditioned, the proposal is in compliance with the Springfield Development Code and approved. This Decision was prepared on May 3,2009.. SUMMARY OF CONDITIONS OF APPROVAL Condition 1: In order to ensure adequate emergency vehicle ingress, purchase a Public Works lock for the manual gate and provide a key to Fire Department administration at 225 5'h Street. Lock may be purchased at Heyman's Safe, Lock, and Security, 13114'h Street, Springfield. Condition 2: Prior to commencing work in the public right-of-way or in a Public Utility Easement (PUEj, including connection to the existing curb inlet, the applicant shall obtain a City encroachrnent permit. Site Plan ORe 2009-00008 12 . . Condition 3: Applicant shall apply for and obtain a Drinking Water Protection (DWP) permit from I the City of Springfield or an exemption from SUB Water. Contact Amy Chinitz at SUB, Water Quality Protection at 541.744.3745 for details'and processes. Condition 4: Prior to Final Site Plan approval, the applicant shall submit a detailed plan showing how the boat transfer well will operate and drain. It is recommended th~ transfer well water be discharged to the proposed water quality bio-swale located at north sid~ of property; however, the contaminated water will need to be treated by an oil water separato~ prior to discharging to the swale. Condition 5: 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 fully vegetated with all vegetation species established prior to approval of Final Site Plan. Alternatively, if this condition cannot be met, the applicant shall provide and maintain additional interim erosionl control/water quality measures acceptable to the Public Works Department that will suffice until such time as the swale vegetation becomes fully established. Condition 6: Prior to use of the new facilities, the site shall be shown to be graded to contain any runoff; an emergency shut off device between the bioswale and catch basin shall be installed and operational and the bioswale shall be outfitted with a c1a~ liner to prevent direct discharge. Condition 7: Prior to Final Site Plan approval, the applicant shall relocate the existing shed structures out ofthe Public Utility Easement. Condition 8: Landscaping shall be installed in compliance with SDC 4.4-105. A landscape plan, prepared by an Oregon licensed landscape architect, shall be submitted ~rior to final sign-off. Condition 9: No loading or unloading to serve the site shall be conducted within the street right of way or on street sidewalks. Condition 10: In order to ensure adequate' separation between the Loading Zone and pedestrian traffic, a curb a minimum of 30 feet long shall be constructed adjacent to and west of the sidewalk along the Loading Zone. Condition 11: Execute and record an Improvement Agreement for sidewalk and street lighting on 39th Street. Condition 12: In order to meet the minimum driveway throat depth of 18 feet as per SDC Table 4.2-2, the most northeastern parking stall shall be relocated or removed. Condition 13: Provide and maintain 10 ft. clear vision triangles at the corners of the site driveways per SDC Figure 4.2-A. I Condition 14: Parking is being restricted to one side of the street by the Fire Department. The 'Parking shall be restricted on the west side of the street for length of the Ifrontage of the site, but allowed on the east side. sne Plan DRe 2009-00008 13 . . Condition 15: The final site plan shall provide for a minimum often off-street parking stalls that . are both open and accessible for employees and customers that comply with SDC 4.6-11S and 120. Additional Information: The application, all documents, and evidence relied upon by the applicant, and the applicable criteria of approval are available for free inspection and copies are available at a cost of $0.7S for the first page and $O.SO for each additional page at the Development Services Department, 225 Fifth Street, Springfield, Oregon. Appeals: If you wish to appeal this Tentative Site Plan Approval, a Type II Limited Land Use decision, your application must comply with SDC 5.3-100, APPEALS. Appeals must be submitted on a City form and a fee of $250.00 must be paid to the City at the time of submittal. The fee will be returned to the appellant if the Planning Commission approves the appeal application. In accordance with SDC 5.3-115 which provides for a 15 day appeal period, the appeal period for this decision expires at 5:00 p.m. on May 19, 2009. Questions: Please contact Lissa Davis at the City of Springfield Urban Planning Division, 541-726-3632 if you have questions regarding this process. sne Plan ORe 2009-00008 /4 ':', ' " ,,- '. I. CITY OF SPRINGFIELD 1 DEVELOPMENT SERVICES DEPARTMENT 225 5th ST SPRINGFIELD, OR 97477 ' Randy McDougall 244 39th Street Springfield, OR 97478 CITYOFSPRINGFIE~~ '1 . DEVELOPMENT SERVICES DEPARTMENT 225 5th ST SPRINGFIELD, OR 97477 Scott Morris Olson & Morris 380 "Q" Street 1/200 Springfield, OR 97477 CITY OF SPRINGFIELD DEVELOPMENT SERVICES DEPARTMENT 225 5th ST SPRINGFIELD, OR 97477 Tim Flippen 355 38th Place Springfield. OR 97477 .. '.'. ..:.-...... ,. ';,," ."~"1."... '. . - . .' - . --. . . .::.- :,'>-- ...... ::>,. -.':--'" . 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