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HomeMy WebLinkAboutNotice PLANNER 8/5/2010 .' . . cJ)~ RECEIVED AFFIDAVIT OF SERVICE AUG - 5 2010 . BY:~~c!plY1~ I /)f'l ~ f~ 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 caused to be . mailed copies of D~'U>lD-ODD2;D '11MI,rp ~f\P";-"I:-1rl r A..-J::e.. ~ (See attachment nAn) on 8{ S .20 addressed to (see v<eU:glY15 Attachment Bn), by causing said letters to be placed in a U.S. mail box with dtmds postage fully prepaid thereon. ~aML ~ KAR N LaFLEUR( STATE OF OREGON, County of Lane ~ 5 . 2010. Personally appeared the above named Karen LaFleur, Progr Technician, who acknowledged the foregoing. instrument to be their voluntary act Before me: . Of'FICIAl SEAL DEVETTE KELLY NOTARY PUBLIC - OREGON COMMISSION NO. 420351 MY COMMISSION EXPIRES AUG. 15.2011 ~~ My Commission Expires: ?? /;~/tl , , . . ,--," TYPE II TENTATIVE SITE PLAN REVIEW. STAFF REPORT & DECISION Project Name: Jackson's Food Store Bite Plan Review Project Proposal: Construct a 3,500 if convenience store on a site containing an existing fueling station. Case Number: DRC2010-00023 Project Location: 3375 Gateway Street (Map 17-03-22-20, TL 901) Zoning: Community Commercial (CC) Comprehensive Plan Designation: CC (Gateway Refinement Plan) , Pre-Snbmittal Meeting Date: 5/25/2010 Application Submitted Date: 6/30/2010 Decision Issued Date: 8/5/2010 Appeal Deadline Date: 8/20/2010 Associated Applications: ZON2010-00005; DRC2010-00006; PRE201O-00006 APPLICANT'S DEVELOPMENT REVIEW TEAM . . .'.; .". .,-. .,.:" Owner/Applicant: Jackson's Food LLC 3450 East Commercial Court Meridian, ID 83642 Applicant's Representative: . Ron Thienes Ronald E. Thienes Architect P.O. Box 25 Walterville, OR 97489 Project Engineer: Lane Branch: PE Branch Engineering Inc. 310 Fifth Street Springfield, OR 97477 CITY OF SPRINGFIELD'S DEVELOPMENT REVIEW TEAM POSITION REVIEW OF . NAME PHONE Project ManlWer Planning Andy Limbird 726-3784 TransDortation Plannine Eneineer TransDortation Jesse Jones 726-3720 Public Works ElWineer Utilities Eric Walter 736-1034 Public Works Engineer Sanitary & Stonn Sewer Eric Walter 736-1034 Denutv Fire Marshal Fire and Life SafutV Gilbert Gordon 726-2293 Community Services Manager Building Dave Puent 726-3668 . . Site Information: The subject site is a 43,360 If (approximately one acre) parcel located at 3375 Gateway Street (Assessor's Map 17-03-22-20, Tax Lot 901). The property is developed with a 989 If convenience store and Chevron gas bar/fueling station. The site has corner public street frontage on Gateway Street to the west and Kruse Way to the north. The proposed development consists of demolishing the existing convenience store and replacing it with a 3,500 If convenience store; relocating and expanding the vehicle parking area serving the site; and installing bicycle parking spaces, a covered trash and recycling enclosure, site landscaping, and a vegetated stormwater management infiltration swale. The site is zoned and designated Community Commercial (CC) in accordance with the Springfield Zoning Map and the adopted Gateway Refinement Plan. Other properties in the vicinity of the subject site, including adjoining properties to the east and south, are fully developed and zoned and designated CC. The site is within the 1-5. year Time of Travel Zone (TOTZ) for the Sports Way drinking water wellhead and, therefore, is subject to the provisions of the Drinking Water Protection Overlay District, SDC 3.3-200. The applicant obtained a conditional Drinking Water Protection (DWP) Permit for installation of an underground diesel fuel tank on the site (Case DRC2010-00006). Provisions of the issued DWP permit for the site may be modified to accommodate the proposed site development, subject to review and acceptance by the City and Springfield Utility Board Water Quality. DECISION: This decision grants Tentative Site Plan Approval. The standards of the Springfield Development Code (SDC) applicahle to each criterion of Site Plan Approval are listed herein and are satisfied by the submitted plans unless specifically noted with findings and conditions necessary for compliance.. Final Site Plans must conform to the submitted plans as conditioned herein. This is a limited land use decision made according to City code and state statutes. Unless appealed, the decision is final. Please read this document carefully. . (See Page 14 for a summary of the conditions of approval.) OTHER USES AUTHORIZED BY THE DECISION: None. Future development will be in accordance with the provisions of the Springfield Development Code, filed easements and agreements, and all applicable local, state and federal regulations. REVIEW PROCESS: This application is reviewed under Type II procedures listed in Springfield Development Code Section 5.1-130 and the site plan review criteria of approval SDC 5.17-125. The subject application was submitted on June 30, 2010. Therefore, this decision is issued on the 36th day of the 120 days mandated by the State. Procedural Finding: 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 5.1-130 and 5.2-115). 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 Written Comments below and Appeals at the end ofthis decision). Procedural Finding: On July 20,2010, the City's Development Review Committee reviewed the proposed plans (H Sheets - Ronald Thienes Architect Sheets CS; CI-C3; AI-A3; A-II; L-l & L-2 dated 6/18/2010; and Branch Engineering Inc. Sheet OL-I dated 6/21/2010) and supporting information. City staff's review comments have been reduced to findings and conditions only as necessary for compliance with the Site Plan Review criteria ofSDC 5.17-125. Procedural Finding: In accordance with SDC 5.17-125 to 5.17-135, the Final Site Plan shall comply with the requirements of the SDC and the conditions imposed by the Director in this decision. The Final Site Plan otherwise shall be in substantial conformity with the tentative plan reviewed. Portions of the proposal approved as submitted during tentative review cannot be substantively changed during Final Site Plan approval. Page 2 of16 . . Approved Final Site Plans (including Landscape Plans) shall not be substantively changed during Building Permit Review without an approved Site Plan Modification Decision. WRITTEN COMMENTS: Procedural Finding: In accordance with SDC 5.1-130 and 5.2-115, notice was sent to adjacent property owners/occupants within 300 feet of the subject site on July 6, 2010. No written comments were received. CRITERIA OF SITE PLAN APPROVAL: SDC 5.17-125, Site Plan Review Standards, Criteria of Site Plan Approval states, "the Director shall approve, or approve with conditions, a Type II Site Plan Review Application upon determining that criteria A through E of this Section have been satisfied. If conditions cannot be attached to satisfy the criteria, the Director shall deny the application." A. The zoning is consistent with the Metro Plan diagram, and/or the applicable Refinement Plan diagram, Plan District map, and Conceptual Development Plan. Finding I: The site is zoned and designated Community Commercial (CC) in the adopted Gateway Refinement Plan. There are no proposed changes to the zoning for the site. Conclusion: This proposal satisfies Criterion A. B. Capacity requirements of public improvements, including but not liinited to, water and electricity; sanitary sewer and stormwater management facilities; and streets and traffic safety controls shall not be exceeded and the public improvements sball be available to serve the site at the time of development, unless otherwise provided for by this Code and other applicable ' regulations. The Public Works Director or a utility provider shall determine capacity issues. Finding 2: Approval of this proposal would allow for construction of a new 3,500 rr convenience store and modification of the site parking lot, driving areas and landscaping. Finding 3: For all public improvements, the applicant shall retain a private professional civil engineer to design the site improvements in conformance with City codes, this decision, and the current Engineering Design Standards and Procedures Manual (EDSPM). The private civil engineer also shall be required to provide construction inspection services. Finding 4: The Development Review Committee reviewed the proposed site plan and landscaping plan on July 20, 2010. City staff's review comments have been incorporated in findings and conditions contained herein. Water and Electricity Improvements Finding 5: SDC 4.3-130 requires each development area to be provided with a water system having sufficiently sized mains and lesser lines to furnish adequate supply to the development and sufficient access for maintenance. Springfield' Utility Board (SUB) coordinates the design of the water system within Springfield city limits. Finding 6: Section 4.3-l40.A of the SDC requires applicants proposing developments to make arrangements with the City and each utility provider for the dedication of utility easements that may be necessary to serve the development site and land beyond the development area. The minimum width for all public utility easements (PUEs) shall be 7 feet unless the Public Works Director requires a larger easement to allow for adequate maintenance and access. Page 3 ofl6 . . Finding 7: Water service to the site is provided by a public 8-inch waterline running north-south just inside the west property line. The public water line is located within a IO-foot wide PUE along the Gateway Street frontage of the site. A private 2-inch water line with water meter connects to the 8-inch public water line and extends approximately 130 feet into the site; this private water line serves the existing convenience store and gas bar. The applicant is proposing to install approximately 76 feet of additional water line to serve the new convenience store. Finding 8: Electrical service to the site is provided by an existing transformer in the extreme southeast corner of the site. There is an existing 7-foot wide utility easement along the east property line, and the electrical service for the new convenience store is proposed to be located in the easement area. SUB Electric has not expressed any concerns about the proposed electrical service or requested any additional easement areas. Finding 9: The existing public water and electrical services available to serve the site are adequate for the proposed development. SUB Water advises that the proposed water system facilities must include backflow prevention devices. All water facilities, including meters and backflow prevention devices, must be constructed in accordance with SUB Water Division standards. Please note that a backflow plan must be submitted to SUB Water Engineering and approved for installation prior to provision of water service. The applicant is requested to contact Scott Higley at SUB Water (541) 726-2396 for technical assistance on the system design prior to installing the water service. Finding 10: In accordance with SDC 4.3-125, all utility lines shall be placed underground. Conclusion: Existing SUB Water and Electric facilities are adequate to serve the site and the proposal satisfies this sub-element of the criterion. Sanitary Sewer and Stormwater Management Facilities Sanitarv Sewer Finding II: Section 4.3-105.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. Finding 12: The site is currently served by a private 4-inch sanitary sewer line that connects with the 8- inch public sanitary sewer line in Kruse Way. The applicant is proposing to extend the existing pnvate sanitary sewer line approximately 40 feet to serve the new convenience store. The proposed sanitary sewer line connection will be adequate to serve the development site. Finding 13: A City plumbing permit will be required for the installation of new and relocated sanitary sewer lines to serve the proposed development. Finding 14: Pursuant to Chapter 3.03.4.A of the City's EDSPM and Section 4.4 of Portland's Stormwater Management Manual, solid waste storage areas shall be covered and hydraulically isolated from potential stormwater runoff, and directed to the sanitary sewer system. The trash and recycling enclosure will be equipped with floor drains that are piped to the sanitary sewer system. Therefore, the submitted plans demonstrate conformance with these requirements. Conclusion: The proposal satisfies this sub-element of the criterion: Page 4 of 16 . . Stormwater Management (Quantity) Finding 15: SDC 4.3-11 O.B 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 EDSPM. Finding 16: SDC 4.3-110.0 requires that runoff from a development shall be directed to an approved stormwater management system with sufficient capacity to accept the discharge. Finding 17: SDC 4.3-11 O.E requires new developments to employ drainage management practices that minimize the amount and rate of surface water runoff into receiving streams, and that promote water quality. Finding 18: To comply with Sections 4.3-]] 0.0 & E, stormwater runoff from the westerly portion of the site (including the parking lot and fueling area) will continue to be directed into three existing catch basins. Stormwater runoff from the new convenience store roof and a new parking area in the northeast quadrant of the site is proposed to be directed into a vegetated infiltration swale. The engineer of record has provided a stormwater management plan and drainage study demonstrating that the proposed infiltration swale will be adequately designed to serve the development site. Finding 19: A City plumbing permit will be required for installing the proposed stormwater system to serve the development site. Conclusion: As conditioned herein, the proposal satisfies this sub-element of the criterion. Stormwater Management (Quality) Finding 20: Under Federal regulation of the Clean Water Act (CWA), Endangered Species Act (ESA), and National Pollutant Discharge Elimination System (NPDES), the City of Springfield is required to obtain, and has applied for, a Municipal Separate Storm Sewer System (MS4) permit. A provision of this permit requires the Cjty to demonstrate efforts to reduce the pollution in urban stormwater to the Maximum Extent Practicable (MEP). Finding 21: Federal and Qregon Department of Environmental Quality (ODEQ) rules require the City's MS4 plan to address six "Minimum Control Measures". Minimum Control Measure 5, "Post- Construction Stormwater Management for New Development and Redevelopment", applies to the proposed development. Finding 22: Minimum Control Measure 5 requires the City of Springfield to develop, implement and enforce a program to ensure the reduction of pollutants in storm water runoff to the MEP. The City also must develop and implement strategies that include a combination of structural or non-structural Best Management Practices (BMPs) appropriate for the community: Finding 23: Minimum Control Measure 5 requires the City of Springfield to use an ordinance or other regulatory mechanism to address post-construction runoff from new and re-development projects to the extent allowable under State law. Regulatory mechanisms used by the City include the SDC, the City's Engineering Design Standards and Procedures Manual and the recently-adopted Stormwater Facilities Master Plan (SFMP). Finding 24: As required in SDC 4.3-110.E, "a development shall be required to employ drainage management practices approved by the Public Works Director and consistent with Metro Plan policies and the Engineering Design Standards and Procedures Manuaf'. Page 5 of16 . . Finding 25: Section 3.02 of the City's EDSPM states the Public Works Department will accept, as interim design standards for stormwater quality, water quality facilities designed pursuant to the policies and procedures of either the City of Portland (BES), or the Clean Water Services (CWS). Finding 26: 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-developed BMPs that in combination are designed to achieve at least a 70 percent reduction in the total suspended solids in the runoff generated by the development. Section 3.03.4.E of the manual requires a minimum of 50 percent of the non-building rooftop impervious area on a site shall be treated for stormwater quality improvement using vegetative methods. Finding 27: To meet the requirements of the City's MS4 permit, the Springfield Development Code, and the City's EDSPM, the applicant is proposing to direct stormwater runoff from the new rooftop and new parking lot areas into a vegetative water quality infiltration swale. The applicant also is proposing to upgrade the three existing catch basins on the site with double-chambered catch basins containing fossil filter inserts. The applicant's site plan and drainage study demonstrates that the proposed vegetative and mechanical stormwater system meets the City's requirements for stormwater water quality. Finding 28: Installation, operation and maintenance of the private vegetative infiltration swale will be the responsibility of the property owner or their designate. However, the applicant has not provided an operations and maintenance plan for the proposed infiltration swale to ensure this will continue to function as designed. Finding 29: The vegetation proposed for use in the infiltration swale will serve as the primary pollutant removal mechanism for the stormwater runoff, and will remove suspended solids and pollutants through the processes of sedimentation and infiltration. Satisfactory pollutant removal will occur only when the vegetation has been fully established. Finding 30: Vegetative infiltration swales function by percolation, allowing runoff to infiltrate into the ground during and after storm events. To ensure the facility functions as designed, it is necessary to keep soil disturbance during construction to a minimum and avoid unnecessarily compacting the soil. Finding 31: SUB Water Quality recommends that the base of the infiltration swale contains a constructed medium comprised of sand, native soil, loam and compost.. The fraction of organic carbon (foc) in the constructed medium must be a minimum of 0.20 (ie. 40%-50%) organic material. If the growing medium does not conform to this minimum foc requirement, then the constructed medium should be placed in addition to the required growing medium. Conditions of Approval: 1. Prior to approval of the Final Site Plan, the applicant shall provide an operations and maintenance plan satisfactory to the City to ensure viable long-term maintenance and operation of the vegetative infiltration swale. The operations and maintenance plan shall designate the responsible party for operating and maintaining the system, and shall be distributed to the property owner(s) and tenant(s) of the site. 2. To ensure a fully functioning water quality system and meet objectives of Springfield's MS4 permit, the Springfield Development Code and the EDSPM, the vegetative water quality swale shall be fully vegetated with all vegetation species established prior to issuance offmal building occupancy. Alternatively, if this condition carmot be met, the applicant shall provide and maintain additional interim erosion control/water quality measures acceptable to the Public Works Department that will Page 6 of 16 . . suffice until such time as the swale vegetation becomes fully established. The interim erosion control measures shall be in addition to the required plantings for the site. 3. The vegetated infiltration swale shall contain a constructed growing medium consisting of sand, . native soil, loam and compost. The fraction of organic carbon for the constructed medium shall be at least 0.20. Alternatively, if this minimum requirement cannot be met, the constructed medium shall be installed in addition to the required plant growing medium. Conclusion: As conditioned herein, the proposal satisfies this sub-element of the criterion. Streets and Traffic Safety Controls Finding 32: The subject site has approximately 180 feet of frontage on Gateway Street along the west boundary, and approximately 240 feet of frontage on Kruse Way along the north boundary. Finding 33: Along the site frontage, Gateway Street is a 64-foot wide, five-lane minor arterial street within an 80-foot wide right-of-way. The street is fully improved with paving, curb, gutter, bicycle lanes, sidewalks, street trees and street lighting. The street provides two, vehicle travel lanes and one striped bicycle lane in each direction with a bi-directional center turning lane. Estimated average daily traffic on this segment of Gateway Street is more than 13,500 vehicles per day. Finding 34: Along the site frontage, Kruse Way is a 36-foot wide, two-lane local street within a 60-foot wide right-of-way. The street is full improved with paving, curb, gutter, sidewalks, street trees, and street lighting. . Finding 35: Regular and frequent transit bus service is provided along Gateway Street by Lane Transit District's # 12 (Gateway) route. Additionally, a new Gateway Line EmX transit platform is located just south of the subject site on the east side of Gateway Street. Operation of the Gateway ErnX service is anticipated by early 20 II. Finding 36: The applicant submitted a Traffic Impact Analysis prepared by Branch Engineering Inc. Based on ITE Land Use Codes 853 and 945, the total trip generation from this site upon completion of the proposed development will be as follows: . 1036 trips/1000 If olgrossfloor area Finding 37: The proposed development may generate additional pedestrian and bicycle trips. According to the "Household" survey done by LCOG in 1994, 12.6% of household trips are made by bicycle or walking and 1.8% are by transit bus. These trips may have their origins or destinations at a variety of land uses, including this site. Pedestrian and bicycle trips create the need for sidewalks, pedestrian crossing signals, crosswalks, bicycle parking and bicycle lanes. Finding 38: The site is designed to accommodate high volumes of vehicle traffic at the fueling station and within the associated fuel delivery, driving, maneuvering and parking areas. To accommodate the expected non-vehicular trips to the site, the applicant is proposing to install a dedicated pedestrian sidewalk connection from Kruse Way to the convenience store. Additionally, the applicant is proposing to install three covered bicycle parking spaces at the front of the new convenience store. Finding 39: In accordance with SDC 4.2-140 and 4.4-105.8.2, street trees are a required public street improvement where planter strips exist or can be accommodated within the public right-of-way. There is a discontinuous line of street trees along both public street frontages of the site. The applicant is proposing to install a street tree in the northeast comer of the site along the Kruse Way frontage; and another on the west edge of the site along Gateway Street. Additionally, the applicant is proposing to Page 7 of16 . . replace missing shrubs and groundcover plants within the existing planter area at the northwest edge of the site. Finding 40: The existing transportation facilities would be adequate to accommodate the anticipated vehicular and pedestrian traffic patterns generated by the proposed development in a safe and efficient manner. Conclusion: The proposal satisfies this sub-element of the criterion. 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 41: Criterion C contains three different elements with sub-elements and applicable code standards. The site plan application as submitted complies with the code standards listed under each sub-element unless otherwise noted with specific findings and conclusions. The elements, sub-elements and code standards of Criterion C mclude but are not limited to: 1. Infrastructure Standards in accordance with SDC 4.1-100,4.2-100 & 4.3- 100 . Water Service and Fire Protection (4.3-130) . Public and Private Easements (4.3-120 - 4.3-140) 2. Conformance with standards of SDC 5.17-100, Site Plan Review and SDC 3.2-300 Community Commercial Zoning District . Primary and Secondary Uses (3.2-310) . Landscaping, Screening and Fence Standards (3.2-315 & 4.4-100) . On-Site Lighting Standards (4.5-100) . Vehicle Parking, Loading and Bicycle Parking Standards (4.6-100 - 4.6-155) 3. Overlay Districts and Applicable Refinement Plan Requirements . Drinking Water Protection Overlay District . Gateway Refinement Plan C.l Public and Private Improvements in accordance witb SDC 4.1-100, 4.2-100 & 4.3-100 Water Service and Fire Protection (4.3-130) Access Finding 42: All fire apparatus access routes are to be paved all-weather surfaces able to support an 80,000 lb. imposed load in accordance with the 2010 Springfield Fire Code (SFC) 503.2.3 and SFC Appendix D 102.1. Fire truck access will be required for the two driveways and main parking lot area. Finding 43: At least three (3) feet of clear space shall be maintained around the circumference of all fire hydrants and Fire Department connections in accordance with SFC 508.5.5 and 912.3. This includes preventing obstruction by fences, trees, shrubs, walls or any other objects. Water Supplv Finding 44: The proposed development site is served by an existing fire hydrant on the east side of Gateway Street, approximately 25 feet south of the subject property. The existing water supply is satisfactory to meet fire flow requirements. Conclusion: The proposal satisfies this sub-element of the criterion. Page 8 of 16 . . Public aud Private Easements (4.3-120 - 4.3-140) Finding 45: As noted previously, there is an existing 10-foot wide PUE along the Gateway Street frontage of the site; an existing 5-foot wide PUE along the Kruse Way frontage of the site; and an existing 7- foot wide utility easement along the east boundary of the site. It is not expected that any additional easements will be required to accommodate the existing or proposed utility services for the site. Conclusion: Safe and efficient provlSlon of public access and utilities requires the provIsIon of corresponding access and utility easements.. The proposal satisfies this sub-element ofthe criterion. C.2 Conformance with Standards of SDC 5.17-100, Site Plan Review, and SDC 3.2-300, Community Commercial Zoning District Primary and Secondary Uses (3.2-310) Finding 46: The existing and proposed site development is a combination fueling station/gas bar and convenience store. Both activities are listed as Permitted uses in the Community Commercial District, subject to site plan review. Conclusion: The proposal satisfies this sub-element of the criterion. Landscaping, Screening and Fence Standards (3.2-315 & 4.4-100) Finding 47: In accordance with SDC 3.2-315 and 4.4-105, the front yard parking and driveway setbacks along Gateway Street and Kruse Way shall be at least five feet wide and landscaped. The applicant's proposed site plan (Sheet L-I) shows existing and proposed landscaping areas along Gateway Street and Kruse Way, which meets the requirements ofSDC 3.2-315. Finding 48: The applicant's site landscaping plan proposes to manage stormwater from the convenience store roof and a portion of the parking lot area within a vegetative infiltration swale. The infiltration swale is proposed to be located within the front yard setback from Kruse Way and landscaped with trees, shrubs and groundcover plants. In accordance with provisions of the Development Code and the EDSPM, vegetative swales can be considered part of the site landscaping, provided they are properly constructed and maintained. Finding 49: In accordance with SDC 5.17-120.D, a site landscaping plan must be prepared by a certified Landscape Architect "or other professional approved by the Director". For the purpose of reviewing the subject development proposal, the City advises that the landscaping plan prepared by the applicant (a registered Architect) is acceptable. Finding 50: The applicant is proposing to construct 8,047 It' of landscaping within the site, including repairing/restoring the existing planted areas along Gateway Street and Kruse Way. In accordance with SDC 4.4-105.E.I, at least two, 2-inch caliper trees are required for each 1,000 It' of landscaping area. Based on the amount of landscaping area provided on the site, at least 16 trees are required. The applicant's submittal meets this requirement. Finding 51: In accordance with SDC 4.4-105.E.2, at least 10 shrubs (5-gallon size or larger) are required for each 1,000 It'. of landscaping area. Based on the amount of landscaping area provided on the site, at least 81 shrubs are required. SDC 4.4-105.F states that shrubs placed adjacent to the public right-of-way generally shall be less than 2.5 feet high at maturity. The applicant's submittal meets these requirements. Page 9 of16 . . Finding 52: In accordance with Policy 2.2 of the Gateway Refinement Plan, at least 7.5% of the interior of parking lots visible from an arterial or a collector street shall be landscaped. Vegetative screening of parking lots also is required. Staff has reviewed the existing and proposed site design and determined that new or retrofitted interior parking lot landscaping is not feasible. For the purpose of this review, the proposed vegetative infiltration swale at the northeast edge of the site, the planting areas along the Gateway Street and Kruse Way frontages of the site, and the new landscaping area at the eastern and southeastern edges of the site constitute an acceptable substitute for parking lot interior landscaping. Additionally, the existing and proposed landscaping along the Gateway Street and Kruse Way frontages of the site will provide a screening function for the parking lot and vehicle queuing areas at the fueling station. Therefore, the applicant's submittal meets these requirements. Finding 53: In accordance with SDC 4.4-105.G and 5.17-120.D.3, all landscaping areas are proposed to be irrigated. Finding 54: There is no requirement to install fencing around the site, and the applicant is not proposing to install any fencing. Finding 55: The applicant is proposing structural screening for the outdoor trash/recycling enclosure using masonry walls and sight-obscuring swing gates. The trash/recycling enclosure is proposed to be covered with a metal roof. Conclusion: The proposal satisfies this sub-element ofthe criterion. On-Site Lighting Standards (4.5-100) Finding 56: In accordance with SDC 4.5-105.B, a commercial site lighting plan is required as part ofa complete Site Plan Review submittal. Finding 57: In accordance with SDC 4.5-11 O.A, lighting used for the site must be shielded, flat-lensed light fixtures that will prevent glare and light trespass onto adjacent public streets. A photometric test report that demonstrates adequate lighting will be provided on the site, and off-site impacts will be minimized, is a necessary component of a complete site lighting'plan. Finding 58: The applicant has submitted a photometric lighting plan (Sheet OL-l) that indicates adequate lighting will be provided for the parking lot and fueling station, and at the driveway entrances to the site. Additionally, cut sheets for the existing and proposed pole and building-mounted light fixtures have been provided with the applicant's submittal. Finding 59: In accordance with SDC 4.5-11O.B.1, the height of a freestanding light fixture (parking lot light) shall not exceed 25 feet or the height of the principal building, whichever is less. The applicant's site plan indicates the height of the proposed building is approximately 16 feet and the existing freestanding parking lot lights are installed on 12-foot high poles. Therefore, the proposal meets this requirement. Con~lusion: The proposal satisfies this sub-element of the criterion. Vehicle Parking, Loading and Bicycle Parking Standards (4.6-100 - 4.6-155) Finding 60: In ,accordance with SDC Table 4.6-2, the minimum parking requirement for convenience (retail) stores is 1 space per 300 W of gross building floor area. The applicant's site plan proposes a new 3,500 W convenience store, which generates a parking requirement of 12 spaces. The applicant is proposing to. install 17 parking spaces to serve the development site, including one handicap accessible Page 10 ofJ6 . . space. Additionally, sufficient room for vehicle maneuvering and queuing at the fueling station has been provided. Therefore, this requirement has been met. Finding 61: In accordance with SDC 4.6-120.C, all parking stalls that front a sidewalk, structure or a landscaped area shall have a wheel bumper or linear curb set back at least two feet to allow for vehicle encroachment. Alternatively, the sidewalk or landscaped area can be widened by two feet to allow for vehicle encroachment.. The applicant has provided a combination of overwidth walkways and curb stops along the sidewalks fronting the convenience store building to ensure that vehicles do not encroach across the walkway areas. Therefore, this requirement has been met. Finding 62: In accordance with SDC 4.6-155 and Table 4.6-3, the bicycle parking requirement for convenience stores is one bicycle parking space per 3000 jf of building floor area. At least 25% of the bicycle parking spaces are to be covered long-term spaces. The applicant is proposing to install three covered bicycle parking spaces, which meets this requirement. Finding 63: In accordance with SDC 4.6-135.A and C, commercial loading areas shall be located off- street and provided in addition to required parking spaces. The applicant is proposing a 250 ft2 loading area at the south edge of the site to accommodate commercial deliveries and periodic trash/recycling pick-up. Conclusion: The proposal satisfies this sub-element of the criterion. C.3 Overlay Districts and Applicable Refinement Plan Requirements Finding 64: The subject site is within the adopted Gateway Refinement Plan area. As stated previously, the site does not meet the requirements for 7.5% interior parking lot landscaping, However, the applicant's submittal provides sufficient landscaping in alternate locations to satisfY this standard. Finding 65: The subject site is located within the 1-5 year time of travel zone'(TOTZ) for the Sports Way wellhead. Springfield's drinking water aquifer is an identified and delineated Goal 5 natural resource subject to protection in accordance with SDC 4.3-115 and SDC 3.3-200. Finding 66: SDC 3.3-225 requires that a Drinking Water. Protection (DWP) Overlay District development application be submitted to the City in conjunction with Site Plan Review when a new or expanded use includes the introduction, expansion, storage, and/or production of hazardous materials in a time of travel zone. The area is highly susceptible to contamination from chemicals that may spill or leak onto the ground surface, including fuel and automotive fluids (such as lubricants and antifreeze, etc.). Fluid-containing equipment, including vehicles parked on the site, shall be monitored for leaks and spills. Any chemical spills or leaks must be cleaned up immediately and cleanup materials disposed off-site in accordance with Lane County and State DEQ requirements. Finding 67: A Drinking Water Protection (DWP) permit was issued for the site pursuant to Case DRC2010-00006. The applicant is proposing to demolish the existing buildings and construct a new 3,500 jf convenience store and make other site and parking lot improvements. It is not expected that the proposed site development on the site would significantly increase the risk of storage, use or manufacture of hazardous materials in quantities regulated in accordance with SDC Article 3.3-200, However, due to the sensitive nature of the 1-5 year TOTZ, Dense Non-Aqueous Phase Liquids (DNAPLs) are prohibited on this site and reasonable measures must be taken during design and construction to guarantee compliance with SDC 3.3-200. Chemicals used during construction, including paint, cleaning materials and wastes, must not enter the soil or be washed into the storm sewer system, All chemicals must be stored in adequate secondary containment. Page 11 of 16 . . Finding 68: .During site construction and operations, precautions must be taken to prevent fluid- containing equipment, machinery and vehicles located outside from leaking, including providing a dedicated area for fueling and maintenance of equipment. This area should be prepared and maintained in such a way that prevents spills or leaks from migrating to the soil or the public stormwater drainage system. Finding 69: No fill materials containing hazardous materials can be used on the site. Finding 70: The store's current operational policy is not to store or display any hazardous products (such as motor oil and other automotive fluids) outside. Any changes to the store's plans shall be included in the updated HMMP and submitted for review and approval by SUB Water Quality. Finding 71: Rooftop mounted equipment and other fluid-containing equipment located outside the building should be sealed and provided with secondary contaimnent or a weather-resistant enclosure. In the event of a spill or leak this will prevent any fluids from migrating into the stormwater drainage system. Finding 72: Please contact Amy Chinitz, SUB Water Quality Protection, at 541-744-3745 for more details on fulfilling the information requirements listed herein and in the Wellhead Protection Response letter dated July 20, 2010. Conditions of Approval: 4. No fill materials containing hazardous materials shall be used or placed on the site. 5. The DWP permit issued for the site on March 9, 2010 (Case DRC2010-00006) remains in effect for this property. Any modifications to the existing facility must comply with the existing DWP permit. 6. All hazardous materials that pose a risk to groundwater, including items for retail sale, shall be kept in secondary contaimnent. Sealants used in any contaimnent areas shall be resistant to the chemicals stored within them. If the floor will be used to provide secondary containment, plans shall be submitted for review and approval by SUB Water Quality Protection prior to installation. 7. The existing hazardous materials management plan (HMMP) and hazardous material inventory statement (HMlS) shall be amended to include all chemical products. to be included in the expanded inventory. All hazardous material storage areas shall be identified in the facility plan in the HMMP and shall be provided with secondary contaimnent. Conclusion: As conditioned herein, the proposal satisfies this sub-element ofthe criterion. D. Parking areas and ingress-egress points have been designed to: facilitate vehicular traffic, bicycle and pedestrian safety to avoid congestion; provide connectivity within the development area and to adjacent residential areas, transit stops, neighborhood activity centers, and commercial, industrial and public areas; minimiie curb cuts on arterial and collector streets as specified in this Code or other applicable regulations and comply with the ODOT access management standards for State highways. Finding 73: Installation of driveways on a street increases the number of traffic conflict points. The greater number of conflict points increase 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 areas where driveways intersect streets. Each of these techniques permits a longer, less cluttered sight distance for the motorist, Page 12 of 16 . . reduces the number and difficulty of decisions that drivers'must make, and ~ontributes to increased traffic safety. Finding 74: In accordance with SDC 4.2-120.C, site driveways shall be designed to allow for safe and efficient vehicular ingress and egress as specified in Tables 4.2-2 through 4.2-5, the City's EDSPM, and the Springfield Public Works Department's Standard Construction Specifications. Ingress-egress points must be planned to facilitate traffic and pedestrian safety, avoid congestion, and minimize curb cuts on public streets. Finding 75: SDC 4.2-120.A.1 stipulates that each parcel is entitled to "an approved access to 1! public street". The applicant proposes to retain the existing vehicular access driveways serving the site: a shared, 41-foot wide driveway access onto Gateway Street; and a 36-foot wide driveway onto Kruse Way. Finding 76: In accordance with SDC 4.6-120.F, parking areas shall be designed to connect with parking areas on the same site or abutting sites within the same zoning district to eliminate the use ofthe public street system for cross movements. The site has legal and physical cross-access with the adjoining hotel site to the south, which meets this requirement. Condition of Approval: 8. The applicant shall provide and maintain VISIOn clearance triangles at the corners of the site driveways in accordance with SDC Figure 4.2-A. Conclusion: As conditioned herein, the proposal satisfies this criterion. E. Physical features, including, hut not limited to: steep slopes with unstable soil or geologic conditions; areas with susceptihility of flooding; significant clusters of trees and shrubs; watercourses shown on the Water Quality Limited Watercourse Map and their associated riparian areas; wetlands; rock outcroppings; open spaces; aud 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 77: The Natural Resources Study, the National Wetlands Inventory, the Springfield Wetland Inventory Map and the list of Historic Landmark Sites have been consulted and there are no significant natural features on this site. Finding 78: Stormwater runoff from the subject site flows to the Willarnette River system. This river is listed with the State of Oregon as a "water quality limited" stream for numerous chemical and physical constituents, including temperature. Provisions have been made in this decision for protection of stormwater quality. The proposed on-site stormwater treatment system consists of a vegetated infiltration swale and filtering catch basins. Stormwater that is collected and treated on-site is infiltrated to the groundwater system (vegetative swale) or discharged to the public storm sewer system (filtering catch basins). Finding 79: Springfield's drinking water aquifer is an identified and delineated Goal 5 natural resource subject to protection in accordance with SDC 3.3-200. The subject site is located within the 1-5 year TOTZ of the Sports Way' wellhead. As previously noted and conditioned herein, groundwater protection must be observed during construction on the site. The applicant shall maintain the private stormwater facilities on the site to ensure the continued protection of groundwater resources. Page 13 of 16 . . " .. ,--" Condition of Approval: 9. The property owner shall be responsible for ongoing and perpetual maintenance of the private stormwater facilities on the site to ensure they function as designed and intended, and to ensure protection of groundwater resources. Annual maintenance records shall be kept by the property owner and provided to the City for review upon reasonable request - normally within five business days. Conclusion: As conditioned herein, the proposed development provides storm and ground water quality protection in accordance with SDC 3.3-200 and receiving streams have been protected in accordance with SDC 4.3-110 and 4.3-115. CONCLUSION: The Tentative Site Plan, as snbmitted and conditioned herein, complies with Criteria A- E ofSDC 5.17-125. WHAT NEEDS TO BE DONE BY THE APPLICANT TO OBTAIN FINAL SITE PLAN APPROVAL? Five copies of a Final Site Plan and any additional required plans, documents or information are required to be submitted to the Planning Division within 90 days of the date ofthis letter (ie. by May 31, 2010). In accordance with SDC 5.17-135 - 5.17-140, the Final Site Plan shall comply with the requirements of the SDC and the' conditions imposed by the Director in this decision. The Final Site Plan otherwise shall be in substantial conformity with the tentative plan reviewed. Portions of the proposal approved as submitted during tentative review cannot be substantively changed during [mal site plan approval. Approved Final Site Plans (including Landscape Plans) shall not be substantively changed during Building Permit Review without an approved Site Plan Decision Modification. DEVELOPMENT AGREEMENT: In order to complete the review process, a Development Aweement is required to ensure that the terms and conditions of site plan review are binding upon both the applicant and the City. This agreement will be prepared by Staff upon approval of the Final Site Plan and must be signed by the property owner prior to the issuance of a building permit. CONDITIONS OF APPROVAL: 1. Prior to approval of the Final Site Plan, the applicant shall provide an operations and maintenance plan satisfactory to the City to ensure viable long-term maintenance and operation of the vegetative infiltration swale. The operations and maintenance plan shall designate the responsible party for operating and maintaining the system, and shall be distributed to the property owner(s) and tenant(s) of the site. 2. To ensure a fully functioning water quality system and meet objectives of Springfield's MS4 permit, the Springfield Development Code and the EDSPM, the vegetative water quality swale shall be fully vegetated with all vegetation species established prior to issuance of final building occupancy. 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. The interim erosion control measures shall be in addition to the required plantings for the site. 3. The vegetated infiltration swale shall contain a constructed growing medium consisting of sand, native soil, loam and compost. The fraction of organic carbon for the constructed medium shall be at least 0.20. Alternatively, if this minimum requirement cannot be met, the constructed medium shall be installed in addition to the required plant growing medium. 4. No fill materials containing hazardous materials shall be used or placed on the site. Page 14 of 16 , . . . 5. The DWP permit issued for the site on March 9, 2010 (Case DRC2010-00006) re!TIains in effect for this property, Any modifications to the existing facility must comply with the existing DWP permit. 6., All hazardous materials that pose a risk to groundwater, including items for retail sale, shall be kept in secondary containment. Sealants used in any containment areas shall be resistant to the chemicals stored within them. If the floor will be used to provide secondary containment, plans shall be submitted for review and approval by SUB Water Quality Protection prior to installation, 7. The existing hazardous materials management plan (HMMP) and hazardous material inventory statement (HMIS) shall be amended to include all chemical products to be included in the expanded inventory. All hazardous material storage areas shall be identified in the facility plan in the HMMP and shall be provided with secondary containment. 8. The applicant shall provide and maintain vision clearance triangles at the corners of the site driveways in accordance with SDC Figure 4.2-A. 9. The property owner shall be responsible for ongoing and perpetual maintenance of the private stormwater facilities on the site to ensure they function as designed and intended, and to ensure protection of groundwater resources, Annual maintenance records shall be kept by the property owner and provided to the City for review upon reasonable request - normally within five business days, The applicant may submit permit applications to other city departments for review prior to fmal site plan approval in accordance with SDC 5.17-135 at their own risk. All concurrent submittals are subject to revision for compliance with the final site plan, A development agreement in accordance with SDC 5.17-140 will not be issued until all plans submitted by the applicant have been revised, CONFLICTING PLANS CAUSE DELAYS, 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 for a fee at the Development Services Department, 225 Fifth Street, Springfield, Oregon. APPEAL: This Type II Tentative Site Plan decision is considered a decision of the Director and as such may be appealed'to the Planning Commission. The appeal may be filed with the Development Services Department by an affected party. Your appeal must be in accordance with SDC 5.3-100, Appeals. An Appeals application must be submitted with a fee of $250,00. The fee will be returned to the applicant if the Planning Commission approves the appeal application. In accordance with SDC '5.3-115.B which provides for a 15-day appeal period and Oregon Rules of Civil Procedures, Rule 10(c) for service of notice by mail, the appeal period for this decision expires at 5:00 PM on August 20, 2010. QUESTIONS: Please call Andy Limbird in the Planning Division of the Development Services Department at (541) 726-3784 or email alimbird@ci.springfield.or.usifyou have any questions regarding this process, Page 15 of 16 . . '. . Please be advised that the following is provided for information only and is not a component of the Site Plan Review decision. FEES AND PERMITS Svstems Development Charges: The . applicant must pay Systems Development Charges when the building permits are issued for developments within the City limits or within the Springfield Urban Growth Boundary. The cost relates to the amount of increase in impervious surface area, transportation trip rate, and plumbing fixture units. Systems Development Charges (SDCs) will apply to the construction of buildings and site improvements within the subject site. The charges will be based upon the rates in effect at the time of permit submittal for buildings or site improvements on each portion or phase of the development. Sanitarv Sewer In-Lieu-Of-Assessment Charge: Pay a Sanitary Sewer In-Lieu-Of-Assessment charge in addition to the regular connection fees if the property or portions of the property being developed have not previously been assessed or otherwise participated in the cost of a public sanitary sewer. Contact the Engineering Division to determine if the In-Lieu-Of-Assessment'charge is applicable [Ord. 5584]. Public Infrastructure Fees: It is the responsibility of the private developerto fund the public infrastructure. Other City Permits: Encroachment Permit or Sewer Hookup Permit (working within right-of-way or public easements). For example, new tap to the public storm or sanitary sewer, installation or repair of public sidewalk, or adjusting a manhole. The current rate is $130 for processing plus applicable fees and deposits. Land and Drainage Alteration Permits (LDAP). Contact the Springfield Public Works Department at 541-726-5849 for appropriate applications/requirements. Additional permits/approvals mav be necessarY: . Plumbing Permits . Building Permits . Drinking Water Protection . Curb cut permit . Paving permit Page 160fl6 . . . . CITY OF SPRINGFIELD DEVELOPMENT SERVICES DEPARTMENT 225 5th ST SPRINGFIELD, OR 97477 Jackson's Food LLC 3450 East Commercial Court Meridian, ID 83642 , CITY OF SPRINGFIELD DEVELOPMENT SERVICES DEPARTMENT 225 5th ST SPRINGFIELD, OR 97477 :.:-.: . ','-'-. 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