HomeMy WebLinkAboutPermit Building 2004-2-2
Attorneys and
Counselors at Law
Established 1970
Experienced Ad.'ic('
ill a COIII/'/e.,\: "(/rid.'"
200 FORUM BUILDING
777 High Street
Eugene, Oregon
974()1-2782
PHONE
541686-9160
, FAX')
54~
.lames K. Coons
..Iohn G. Cox
Douglas M. DuP.-iest
Frank C. Gibson
Stephen A. Hutchinson
Thomas M. Orr
William H. Shedoek
E. Bradley Litchfield
Patrick L. Stevens
Brian M. Thompson
February 2, 2004
Mr. Dave Puent
City of Springfield- DevelopmentServices
, Building Department
225 51h St.
Springfield, OR 97477
Re:
Building Permits: C0l\1~003-01178 and COM20003-01210
Our File No.: 6584/9245
Dear Mr. Puent"
6tu- firm represents Shawn Bargouti regarding the redevelopment of
the vacant structure on 2251 Main Street in Springfield. I understand you
spoke with Nabil Bargouti, Shawn's cousin, on January 9, 2004, regarding the
mired down and increasingly expensive situation.
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Shawn Bargouti has dutifully tried to comply with the demai1ds made
by the public works department over the last four months. This effort
follows his application nightmare with respect to the land use approval for
the site. Once he obtained MDS approval your department required him to
pay approximately thirteen thousand dollars in systems development
charges. Since he paid this significant expense the buildillg department
continues to make demands that he comply with new building code
standards, 100~g after such requirements should have been spelled out to him.
The pu'i'pose of this letter is to try and finalize once and for all what the
City requires from Mr. Bargouti so he can begin his business. To that end, 1
have summal'ized for you what work and analysis Mr. Bargouti will '
undertake to try and satisfy your demands:
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M r. Da ve Puent
February 2, 2004
Page 2 of 3
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(1)
Electrical:E-le will hire a licensed electrical contractor to certify
which parts of the electl~ical system of this facility meet Electrical
Code, and upgrade any items that do not; ,
(2)
Mechanical: l-Ie will ensure veli.tilation standards are met by
hiring a licensed mechanical contractor to add ventilation to the
facility if necessary;
(3)
Structural: His engineer will examine the facility for structural
soundness for the intended use. He will comply with his
recommendations if any aspect of the building is substandard;
(4)
Fire Safety: Mr. Bargouti had previously been told by the City
that fire walls are required on the West (2-Hour) and the South
(I-Hour) due to insufficient setbacks from the lot lines.
However, his engii1eer has found that the South Wall of the
facility has a 10 foot setback from the property line, and, in
addition has a 16 foot alley right-of-way that negates the
requil:ement for a one-hour fire wall on the South wall. I trust
that you aware of this. Thus, if structurally feasible, only the
firewall on the South side will be added.
(5)
Plumbing: Mr. Bargouti will install restroom and water closet
facilities to the extent allowed by the significant physical
constraints that limit drain line accessibility.
However, with respect to the proposed ADA upgrades that have been
the topic of some discussion, I have reviewed the code requirements and
strongly disagree that the ADA restrooms are required for this facility. The
recent addition to Section 3405 -"CHANGE IN USE "states: "Unless additions
or alterations are made to the facility, change in use occupancy alone shall not
require compliance with the provisions of Chapter 11, Accessibility." No
significant additions or alterations are proposed that would justify the great
expense required re-configure and re-plumb the building for 011e or ,more
ADA unisex restrooms.
If you disagree with my coriclusions on the ADA issue, please direct
me to any specific regulations or rulings you rely on in support of your
position.
In sum, Mr. Bargouti understands his responsibilities and intends to
comply with electrical, mechcll1icaJ, structural, plumbing and fire safety
requirements. He is moving forward on these matters and therefore
respectfully requests that you remove the I-Iold that has been placed on his
paving work, a project that does not affect the interior of this facility.
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Mr. Dave Puent
February 2, 2004
Page 3 of 3
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Since time remains of.the essence, I ask that you notify me no later
than the close of business on February 6, 2004 regarding the removal of the
stop work order, as well as your position on the ADA requirements. We also
wish to schedule a meeting with you at your earliest convenience to establish
a final list of work items that all parties agree to in order to ensure
completion arid predictability. Thank you in advance for your assistance.
Sincerely,
FluTCHlNSON, Cox, COONS,
DUPRIEST, ORR & SHERLOCK, P.e.
WHS/
cc: Client
Joseph Leahy (City Attorney) ,
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DEVELOPMENT SERVICES DEPARTMENT
Notice of Decision
Minimum Development Standards
Date of Letter: October 9, 2003
Journal Number: DRC 2003-00044
Owner/Aoolicant:
Yaser Asayed and Shawn Bargouti
12932 Winterlake Dr.
Tigard, Oregon 9722,3
ProDosal: The applicant proposes to redevelop an existing unoccupied building located at 2251 Main
Street (Assessor Map number17-03-36-42, Tax Lot 3100), to a restaurant! entertainment venue. The
building was formerly occupied as a tack/ saddle store. The applicant states in their submittal that their
intent is "to improve the interior design cosmetically and open to the publi,c as an 18 and older juice/ soda
entertainment venue (sit down)",
The City previously denied the applicant's proposal, MDS C;:ase No, DRC2003-00014, because the plans
submitted did not satisfy the requirements of SDC 18,070, for required off-street parking within a CC
Zoning District and staff could not reasonably condition the plans in order to comply with the off-street
parking requirements, In order to satisfy the off-street parking requirement, the applicant is proposing to
develop an unused auto repair shop and parking area at 2009 Main Street into a joint parking lot for
customers,
Site Information: The, propqsed site is located at the southwest corner of 23rd and Main Streets in
Springfield, The site is developed with a 2,843 square foot building formerly used as a tack shop/ saddle
supply store. The lot is 6,534 square feet. The site is currently accessed through 2 driveways, one on
. Main Street and one on South 23rd Street. The site is currently unimproved with regard to sidewalks,
street trees, and the existing paving is substandard, The p'arking spaces are not striped,
The property is zoned Community Commercial (CC). ;The proposed' use is similar to those listed under
SDC'18020(4), under Eating and Drinking Establishmehts, as the owner has indicated that limited food
will be served, but non-alcoholic drinks and coffee, The use is allowable in ~he Cc. Zoning Disfrict.
The proposed parking area at 2009 Main Street is locat~d at the southeast corner of 20th and Main
Streets (Assessor's Map 17-03-36-42 Tax Lot 4300), The site is developed with an auto repair shop and
paved parking lot which is vacant. The site is accessed through one driveway'on 20th,Street. The site is '
paved and improved with sidewalks and street trees and is fenced, ' .
The property is zoned Community Commercial (CC). The proposed use is allowable in the CC Zoning
District (SDC 18.020(2) (h)).
Decision: The ",pplication request is approved with conditions.
Other Uses That Mav be Authorized bv the Decision: None, Uses allowed by the SDC, but not listed
on the application, are not approved and require additional site and building review proc~dures,
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PurDose: As stated in SDG.31 :019. Minimum Development Standards (MDS) "are intended to support
economic, development by minimizing' City review for minor additions, expansions or changes in use,
MDS, shall ensure compliance with specific appearance; transportation safety and efficiency; and
stormwater management standards specified in the Springfield Development Code (SDC) and otherwise
protect public health, safety and welfare." ,
Written Comments ,
The original MDS land use application was raised to a Type II in order to provide a public comment period
for surrounding proper:ty owners. Staff re~noticed all property own'ers surrounding 2251 Main Street and
2009 Main Street, St~ff received one written comment within the 14 day comment period ending October
1,2003 <:It 5:00 p,m.
Thorp Purdy Jewett Urn'ess and Wilkinson
Attorneys at Law
1011 Harlow Road, Suite 300
Springfield, OR 97477
Following are excerpts from the written comments (in italics) submitted by Heather Young, Attorney with
Thorp Purdy Jewett Urness and Wilkinson: '
"PARKING AND SAFETY
This firm .represents R6sboro Lumber Company which owns' several properties in the vicinity 2251 Main
Street (the Candy Shack)~..Although the Application has'addressed many of the technical requirements
set forth in the' Springfield. Development Code (SDC), Rosboro's concerns related to parking, public
safety, potential vandalism, and-late night noise have not been addressed, "
The parking situation is still of great concern to Rosboro. The lot which the Candy Shack has leased for
parking is 2 Y2 block away to the west, People typically want to park as close to where they are going as
possible... .For example, patrons may try to park on 23,d, Street which is an unimproved dirt road, or on the
vacant lot directly behin'd Candy Shaek, The may also try and park next door at Main Street Muffler and
Brake, None of these locations is appropriate,
,', Th,e Candy Shack's Applicatid'n is noticeably lacking in details as to how it will prevent its patrons from
parking on Rosboro property., .Presumably, it is expected that Rosboro and the Muffler shop will hire
someone to enforce the parking situation and tow the vehicles of Candy Shack patrons who disregard the
request to park 3 blocks away...
1(1 the Candy Shack's first application, virtually no parking was provided,' In this application, parking is
envisioned but is 2 Y2 blocks away. The concerns raised August 1'1, 2003 Notice of Decisions are exactly
the same.. ,AS the Candy Shack's peek hours of operation will be between '8 and 11 p,m. (according to a
statement submitted by Gary McKenney, PE on August' 19, 2003 with the Candy Shack's Application
materials), the majority of Candy Shack's patrons will be 'walking this area at night.. If DSD considered the
conditions for vehicles and pedestrians around the Candy Shack itself to' be dangerous there must be
even more concern when patrons are now walking 3 blocks in the. dark,.,"
Staff response
The applicant has sufficiently addressed the parking and safety issues according to the criteria of
approval of SDC 31,010(4), The applicant has met the off-street parking requirements for i'eating and
, drinkingestabli$hments" in Commercial Zoned Districts by providing 27 off street parking spaces and 4
on-street parking spaces at 2009 Main Street through the use of a joint use parking agreement and 2
handicap spaces at 2251 Main Street. The SDC does not specify a distance for joint use parking; in
addition joint use parking is the only practical solution to meet the off-street parking requirements of SDC
Article 18, due to the existing constraints of the site. For instance ODOT is requiring access to'2251 Main
Street be closed and the City requires curb, gutter sidewalks and planting strip to be installed along Main
Street frontage which limits off~street parking to 2 spaces. Given the square footage of the existing
building and the resulting square footage for parking, no commercial use permitted by Article 18 would
Jo, No, DRC 2003"00044. '
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meet the off-~treet parking requirements., In the original land use decision staff suggested the use bf joint
use parking but thought it impractic.al since Rosboro owned most of the surrounding property,
The City'S Traffic Engin~erhas reviewed the proposal for safety andconcluded'that the sidewalk along.
the ,south side of Main Street provides for safe' and efficient pedestrian travel between the development
site flnd the off-site parking lot since there. is a continuous lighted sidewalk along Main Street to the site,
and will include newly installed sidewalks fronting the development. '
Since parking ,is a concern to the City, applicant and surrounding property owners staff have conditioned
the proposal that reuqires the applicant post signs at 2251 Main Street and 2009 Main Street to assist
patrons in locating the joint use parking lot and to prevent patrons from parking on nearby property, To
. address safety concerns, the applicant is also required to post signs on the building along 23rd Street to
prevent patrons from parking on the paved area of the site along 23rd Street. Although signage is not a
criteria for MDS approval;,the applicant has expressed a desire to address the concerns of surrounding
property owners and staff have determined signage, is necessary, Since the peak hours of operation are
from 8-11 :00 p,m, in the evening staff is requiring that all signs posted be illuminated. See pages 6-7 for
parking requirements: .
Staff considered requiring the appiicant.to post ",No Parking Tow Away Zone" signs along 23rd Street right-
of-way, but this approach wbuld impact all surrounding property owners and it is normally the practice of
the Public Works Department to post No Parking signs in right-of-way only at the request of a majority of
property owners.
Written Comment
"POTENTIAL VANDALISM-
Rosboro owns most of the properties in the Vicinity ofthe Candy Shack, This includes the property
adjacent to the lot which the Candy Shack proposes to use for its parking' (the Adjacent Lot) , ,.Rosboro is
Ve'Fy concerned about potential van,dalism by Candy Shack patrons out late at night, walking from the
parking lot to the Candy Shack,.. '
,There is an alley that runs between Main Street and South A Street in the vicinity of the Candy Shack, It
, is likely that,the Candy Shack patrons will utilize this alley to travel to and from the parking lot. Rosboro is
concerned about the 'vacant lot behind Candy Shack, whIch lies along the alley. The lot is undeveloped
and has grass growing on it. When the grass is dry, it could easily catch fire if exposed 'to cigarette butts
thrown on the ground by Candy Shack patrons on their way to and from the parking lot" .Rosboro stores.
valuable logs on the manufacturing site and is very concerned about fire danger and vandalism there as
well,'" "
Staff Response , '
Staff is 'only able to approve or deny a land use decision based on the criteria of approval stated in the
Springfield Development, Code. The use proposed by the applicant is permitted and staff have
conditioned the development proposal to comply with the MDS criteria of approval SDC 31,010(4) (e)
through (h), Staff cannot deny an application based on the assumption that patrons will cause vandalism
t6 surrounding. property, The alley running between the proposed parking area and business is
unimproved with no paving or lighting, It is more likely patrons will use the sidewalk along Main Street
which is provided with street lighting,
" Written'Cominent
"LA TE NIGHT NOISE
As submitted in Rosboro's previous testimony, Rosboro Qwns a single~familyresidence to the West of the
Candy Shack, There is ~urrently no type of sound barrier between the two properties' and nd sound
barrier has been proposed in the latest Application" ,he is very concerned about the potential for late
, night noise and vandalism: " .' ,
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Staff Response
Rosboro's property to the west of the proposed development is zoned Community Commercial. Although
the property is zoned commercial, the use on the property is less intensive than the proposed use at 2251
Main Street. Therefore staff, have conditioned the, application has been conditioned to provide
landscaping in the planting area abutting the property to the west of the site, in order to buffer noise and
provide screening, ' , . .'... '
IIi addition, Rosboro may install a fence on their property according to the fence standards of SDC 18.100
" to address the concerns of their tenant. '
Criteria of ADDroval:SDC 31.010(4) (a) through (h) In order to grant MDS approval, the Director shall
, determine compliance with all applicable standards specified below:
a) A five-foot wide landscaped planter strip, including street trees, with approved irrigation or
. approved drought resistant plants as specified in SDC Sections 31.130, 31.140 and 32.050 shall be
installed between the s,idewalk and parking areas or buUdings.
The site is.accessed from Main street through a 40-foot wide driveway, The Oregon Department of
Transportation (ODOT) is requiring the applicant to close this driveway. Following the driveway closure,
there wilL be space' for the applicant to provide a 7 -foot curbside sidewalk and adjacent 5 foot landscape
,strip with street trees, as stipulated in the Criteria 1 of the MDS standards.
The plans submitted indicate the 40-foot driveway along Main Street will be closed and replaced with new
curb, gutter, sidewalks and a 5:'foot wide planter strip, along the street frontage and parking area, planted
with one street tree. The plans however do not indicate the type or amount of landscaping that will be
installed in the planter strip,
SDC 31,130, landscape screening standards apply to development to ens,ure that proposed uses are
adequately screened' from less intensive development.' The property to the west of the site is zoned
Community Commercial, and is developed with a single family residence. In order to screen the single
family residence from the' proposed development, staff is requiring the applicant provide screening along
, the western property line the 9istance of the planting area. Staff recommends the applicant either plant
the proposed planter strip along the western property line with evergreen shrubs which will grow to form a
continuous hedge or install a 6-foot high fence. The fence shall me non-metallic and subtle in color to
blend with surrounding vegetation, per SDC31.160(2)(c). Since immediate screening is necessary,
landscaping shall meet the 6-foot height requirement for screening per SDC31 ,160(2), The screening
shall be setback 10-feet from the front property line.
South 23rd Street is a'dirt-surfaced roadway lacking site amenities such as sidewalks or street trees, The
, site's' access onto South 23rd Street encompasses almost the entire length of the easterly side of the
property, Because of the, dimensions of the lot and the building location, it is not practical for the
applicant to improve the frontage along South 23rd Street with curb, gutter," sidewalk, planter strip, or
'street trees, SDC 31.110(4) exceptions states that wh~re there is insufficient space fo'r landscaped strip
landscaping equivalent to the amount required in Subsection 4(a) of this section may be placed at the
property corners or other are~s visible from the street. Since 23rd Street is not being improved with a
planter strip, the applicant shall provide equivalent landscaping in the proposed planting areas to comply
with MDS criteria 4(a), .
The site at 2009 street is accessed from a 20 foot driveway fro~ 20th Stre,et. The site fronting Main Street
has sidewalks and is planted with 2 street trees, The site is fenced the entire 'length of Main Street with a
decorative wrought iron fence, The existing planter on the corner of Main and 20th Street is not planted
and therefore will be conditioned to comply with MDS planting requirements.
Findings: , " .
1. The northerly propefty line of the site has 64 feet fronting on Main Street, and there are street trees
and sidewalks on adjacent properties directly west of the subject site. ., '
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2. The applicant is being required as part of this application, to close the driveway fronting Main Street.
3. The applicant has' proposed to close .the driveway along Main Street and install curb, gutter,
sidewalks and a 5-fobt wideplanter strip along the street frontage and parking area, planted with one
street tree. ' .
4. According to SDC 32.050(2), the applicant is required to provide one street tree, because of the site's
proximity to the 2;td Street intersection. ' ,
5. SDC 32,050(2) requires' street trees spaced at 30-foot intervals, and MDS, Criteria of Approval 1
requires that a 5-(00t landscaped strip, with approved irrigation be installed between the sidewalk and
pavement areas or buildings,
6, SDC31, 140 (2) requires ten shrubs, five gallons or larger per every 1000 square feet of required
planting area. , . .' .
7. Given the condition of the 23rd Street frontage, it is not possible for the applicant to provide a planter
strip and street trees along the east side of the subject site. , '
8, The applicant can provide equivalent landscaping that would have been required along 23,d Street
within the existing planting areas shown on their site plan.
9. SDC 31,130 required development to install screening to protect less intensive development.
Screening installed shall comply with screening standards per SDC 31, 160.
10, The existing planter strip at the corner of 20th and Main Street shall be planted with drought tolerant
shrubs per SDC 32,110(4) (a) that comply with planting standards of SDC 31.140 and vision
clearance standards, .
11,SDC 32.070 states, all corner lots must maintain a 25 foot vision clearance triangle at street
intersections and 10-feet for all driveways, Except for items associated with utilities and existing street
-trees, no screen or physical obstructions shall be permitted between 2' Y2 and 8 feet above the height
of the curb.
Condition: ,
1. The applicant shall install one street tree chosen from the City's approved street tree list contained in
SDC 32,050. ' 'The tree must be planted at least 35 feet west of the South 23rd Street intersection.
2. The applicant shall install at least 8 shrubs, 5 gallons in size, in the proposed planting area at 2251
Main Street, The plants must be drought tolerant since an irrigation system is not proposed,
3, The applicant shall install at least 2 shrubs in the existing planter at 20th and Main Street to comply
with 31. 110(4)(a), , .
4. The applicant shall install structural or vegetative screening along the western property line, the
distance of the proposed planter strip, which complies with screening standards per SDC 31,160and
10-foot setback standards of Article 18, '
5, The apglicant shall maintain a 25-foot vision clearance triangle at the corner of 23rd and Main Street
and 20h and Main Street and a 10-foot vision clearance at all driveway entrances.,
b) Trash receptaCles and outdoor storage areas shall, be screened by a structure or enclosure
permanently affixed to the ground as specified in SDC Section 31.160. '
On the submitted, site plan, the applicant has illustrated a trash enclosure to the south of the existing
building connected to the sanitary system, Public Works standards provide that trash receptacle areas
must ~e covered and have separate drainage basins connected to the sanitary sewer.
Findings:
12. SDC 3.1.160 requires that trash receptacles be screened by a structure or e(lclosure permanently
affixed to the ground.
13, On the submitted site plan, the applicant has shown a trash receptacle and has indicated that it will
be screened with a slatted fence.
14, The City's Civil Engineer has determined that a floor drain heeds to be placed in the trash enclosure
and connected to the sanitary sewer.
Conditions:
6. In accordance with SDC 31.160, the applicant shall screen the trash receptacle by a slatted fence, so
that it is screened (rom all public rights of way and view from adjacent properties,
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7. The applicarit shall provide a connection, to the sanitary sewer to keep organics and other pollutants
out of stormwater discharges. The trash receptacle area must be covered and be provided with a
drainage basin isolat~d from adjacent areas, '
c) Bicycle parking spaces shall be added to meet the numerical standards for the appropriate use
or upgraded to meet the standards set in SDC Sections 31.210 and 31.220.
SDC 31.220 contains the minimum required bicycle parking spaces per type of development proposed,
The applicant's proposed use is considered an "Eating and Drinking Establishment", which requires 1
space per .each 600 square feet of floor area, Twenty-five percent of these spaces can be short term,
and ;75% are required to be long term. Long term spaces are required to be sheltered from precipitation,
The existing structure is 2,843 square feet. One space per 600 square feet of floor area is equal to 4.7
spaces, and the SDC provides that this must be rounded up to the nearest highest number: In
accordance with the requirements of SDC 31.210 and 31,220, the applicant is required to provide a total
of 5 bicycle parking spaces, 4 of these may be short term and 1 may be long term,
'The' applicant has shown five bicycle parking on the east side of the building along 23rdStreet. The
bicycle parking will be covered by the eaves of the existing building which complies with long term bicycle
parking standards.
Staff recommends that the applican.t provide lighting according to SDC 31,to illuminate the bicycle parking
area and improve visibility since no street lighting exists along 23rd Street. . ' .
Findings: , ,,' . , .
8, In accordance with the requirements of SDC 31.210 and sac 31.220, the applicant is required to
provide a total of 4 short term and one long term bicycle parking space, '
9, The applicant has shown five bicycle parking spaces on the east side of the existing building along
23rci Street therefore the plans comply with 31,010(4)(c), . , .
d) Parking and circulation areas.shall be paved and striped and wheel stops installed as specified
in SDC Sections 31.170 and 31.190. Required paving arid other impervious surfaces on the site
shall comply with on-site stormwater management standards as specified in SDC Section 32.110.
PARKING ISSUES
The existing building at 2255 Main street is 2,843 squa're feet. The proposed use is considered an
"Eating and Drinkfng Establishment", as listed in SDC 18,070, SDC 18070(5) provides that "Eating and
Drinking Establishments"require 1 parking space per 1 00 square feet of gross floor area. Based on the
square footage of the existing structure, the parking requirements for the proposed use are 28.4 parking
spaces, The SDC stipulates that where a fraction results, the required parking is rounded up to the next
whole number, or 29 parking spaces.
The original MQS application submitted was denied because "the applicant can not satisfy the
requirements of SDC 18,070, for required off-street parking within a CC Zoning District. SDC 18070(5)
stipulates that "Eating and Drinking Establishments" require 1 parking space per 100 square feet of gross
floor area. Based on the square footage of the existing structure, the SDC requires 29 parking spaces.
Because of the size of the existing structure and its location abutting an unin;1proved dirt roadway, it is not
possible for the applicant to develop the property as a restaurant without compromising public safety and
welfare."
On the original application the Transportation Planning Engineer determined that none of the spaces
shown facing Main Street were operational, given that ODOr is requiring the applicant's Main Street
driveway be closed, and backup and maneuvering room is limited or nonexistent. Additionally, none of
the proposed spaces along the east side of the building would have the adequate backup room to
maneuver on-site and exit the site without backing onto South 23rd Street which is an unimproved street.
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The size of thE! development site, combined with the. size and parking limitations on 23rd Street ,and
position ofthe existing buildinc? severely limit opportunities to 'create viable on-site parking spaces that
would be accessible from 23r, Street. As the site exists today,. any permitted commercial use listed 'in
SDC 18.020 would not be able to ,satisfy the off-street parking requirements of SDC 18,070 unless the
building square footage w~s reduced,
Due to the constraints of the site a reasonable alternative is to provide joint parking as proposed by the
applicant. The applicant has submitted a lease agreement for 2009 Main Street for parking purposes, The
current site is vacant therefore there will be no conflicts in hours of operation. The sidewalk along the
south side of Main Street provides for safe and efficient pedestrian travel between the development site
and the off-site parking lot. Since the proposed joint use parking is not directly abutting the site staff and
the applicant have discussed strategies to prevent possible spill over parking at 2251 Main Street. The
applicant has proposed posting "No Parking" signs on the building fayade facing 23rd Street. Staff is
suggesting that the applicant also post signs at 2251 Main Street that give patrons directions to the joint
parking lot at 2009 Main Street and post patron parking signs at 2009 Main Street.
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The applicant has proposed to provide two (2) 9' x 18' required accessible parking spaces with aisle at
2251 Main Street and will provide ,the remaining required 29 parking spaces at 2009 Main Street,
approximately 3 blocks west of the site, The applicant is proposing to provide 20 standard parking spaces
and 6 compact parking space~and 4 on-street parking spaces, which fulfills 2 of the required parking
spaces,' for a total of 29 parking spaces. In order to p~ovide the 27 parking spaces at 2009 Main Street,
the applicant will have to remove the existing canopy and island on the site as proposed,
SDC 31.170(6) states that "parking spaces in a public right-of-way directly abutting the development area
may be counted as fulfilling a part of the parking requirements for a development. For every 18 feet of
available on~street parking, there will be ~ space crediUoward the required amount of off-street parking
spaces. The developer will be responsible for marking any on street parking spaces."
The plans submitted dO,not show wheel stops for parking spaces abutting the, existing building at 2009
and for the 2 accessible parking spaces at 2251 Main Street as required by SDC 31.190(3),
Findings:
10, In accordance with the parking requirements of SDC 18, the applicant is required to provide' a total of
29 parking spaces, "
11. Due to space limitations and requirements such as a sidewalk and planter strip along the Main Street
, access which is. to qe Closed, joint use parking is a reasonable alternative to, meet the parking
requirements,
12, Per SDC 31.170(5) The Director may authorize the joint use of parking .facilities provided the
applicant can demonstrate there is no conflict in the principal operating hours and the parties
concerned shall provide evidence of agreement for such joint parking bya legal instrument, '
13, The applicant is proposing to provide 29 required parking spaces by a joint use parking agreement
and has submitted the required materials, '
14. The applicantis propping to provide 8 compact parking spaces which compiies with SDC 31.190(7):
15. The applicant is proposing to provide 2 accessii:>le parking spaces at 2251 Main Street with sign age
and striping that complies with SDC 31.190(8),
16, The applicant's plans do not show wheel stops for parking spaces abutting the building at 2009 Main
or for the 2 accessible parking spaces abutting the planting area at 2251 Main Street as required by
$DC 31,190(3),
17. Per SDC,31, 190 (5) All spaces shall be permanently and. clearly marked,
18, The Suppleme,ntal parking study submitted by Access Engineering states that the peak hours of
operation are expected to be from 8-11 p,m,
19, As conditioned below, the plans comply with parking requirement of SDC Article 18 and SDC Article
31, .
Conditions:
8, . In accordancewith SDC31, 190 (5), the applicant shall stripe all parking spaces at each site.
lo, No. DRC 2003-0004.4
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9, In accordance with SDC 31.190 '(3), the applicant shall install wheel stops for parking spaces
fronting the existing structure at 2009 Main Street and for the 2 accessible parking spaces .at
2251 Main Street.
10, The applicant shall post No Parking signs on the far;ade of the building facing 23m Street. .
11. The applicant shall post patron parking signs at 2009 Main Street and post directional signs at
2251 Main Street for joint parking location, '
12. The applicant shall illuminate the "No Parking" and directional sign to th,e joint parking area at
2251 Main Street and the "Patron Parking Signs" at 2009 Main Street since the peak hours of
operation are expected to be from 8-11:00 p,m, in the evening.
STORM DRAINAGE
The plans submitted indicate the applicant will replace the existing area drain now within the proposed
plating strip, with a new area drain installed in the parking lot at 2251 Main Street. The area drain will be
hooked up to the City's storm drain system. The plans submitted for 2009 Main Street do not show a
stormwater management plan as required by SDC 32.110(5), The Engineering Design Manual requires
the installation of double-chamber~d catch basins to treat runoff from the parking lot.
Findings:
13, " SDC 32, 110(5) requires a development to employ drainage management practices approved by the
Public Works Director and consistent with Metro Plan policies and the Engineering Design Standards
and procedures Manual, which minimize the amount and.rate of surface water run iJff into receiving
streams including the prevention of water flowing from the roadway in an uncontrolled fashion. Public
Works Staff finds the site plq.n allows storm water to flow onto the roadway in an uncontrolled fashion.
14, In addition, SDC 32.110(5) requires a development to' employ drainage management practices to
alleviate future costs oftreating the piped discharge, and to promote water quality.
15, Pollutants of concern are: heavy metals (cadmium, chromium, copper, lead, nickel, aluminum,.
manganese, iron andzinc,), toxic organics, nutrients (primarily nitrates and phosphorus), pesticides,
and other organics such as polycyclic aromatic hydrocarbons (PAH), salts, total suspended solids
(turbidity), microorganisms (bacteria and viruses) and temperature.
16, The applicant has proposed to remove the existing area drain and replace with a new area drain in
the parking area, .
17, Public Works requires the installation of a double-chamber catch basin instead of an area drain as
shown on the plans per SDC pet SDC 32.110, , '
18, The applicant does not show stormwater management plan for parking area at 2009 Main Street as
requir~d by SDC 32.110(5),
Condition:
13. In accordance with the requirements of SDC '32,110, the applicant shall install a double-
chambered catch basin to treat runoff from the parking lot that complies with the requirements of
, the Public Works Engineering Design Standards. "
14. The applicant shall show stormwater management plan for 20Q9 Main Street t~at complies with
" Public Works.Engineering Design manual per SDC 32.110(5).
e) Access onto the publicright~of-way shall comply with SDC Se,ction 32.080.
The easterly pro'perty line of the site abuts 23rd Street, which isan unimproved dirt~surfaced roadway and
. ,lacks curb, gutter, sidewalks, and street trees, The frontage' on 23rd Street does not have a formal
, driveway: . ,
Concerning access to Main Street, SDC 32,080(1) (c) states, "Access to designated State Highways shall
be subject to the provisions of this Article in addition to the requirements of the Highway Division, Oregon
Department of Transportation," ODOT denies access from Main Street to th.e site,
Jo. No. DRC 2003-00044
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Further, SDC. 32.080(2) (a) prescribes, "Driveway access to arterial and collector streets may be
permitted if no reasonable alternative street access exists, .." However, Main Street is designated a major
arterial, and the site has access to and from South 23rd Street.. '
According to SDC 32.080, Access and Driveway Standards, the access onto 23rd Street is required to be
a minimum of 24 feet and a maximum of 35 feet. Because of the site restrictions, there is no alternative
to providing a driveway which meets the standards of the SDC, In addition, if the access to 23rd Street
was improved, the applicant would not be able to providl7 any parking on site.
Findings: ' , ..' " ,
15, The applicant proposes to provide site access at via a '24-foot driveway onto South 2Jti Street along
the east side of the property. . .
16. SDC 32,080(3) requires that driveways serving two-way traffic in commerCial districts be a minimum
of 24 feet and a maximum of 35 feet wide.
f) Concrete sidewalks shall be installed where the site abuts a'curb and gutter street as specified
in SDC Section 32.040. ;
As discussed previously, ODOT is requiring the applicant to close the Main Street access, in which the
applicant is required to, provide a new curb, gutter, and sidewalk, The site is currently developed with a
substandard sidewalk and planter strip. South 23rd Street is an unimproved dirt-surfaced roadway, with
no curbs, gutters,' sidewalks, or street lighting, and as such, rio street trees are required along the east
side of the property, '
Findings:
17. ODOT is requiring the closure of the applicant's Main Street driveway, '.1(hich will provide space for a
, sidewalk constructed'to the standards in the SDC, .. '
18. South 23,d Street is not improved with curb and gutter, and as such, the applicant is not required to
provide sidewalks along th,eir frontage. '
19. The applicant has proposed a 7 foot sidewalk along the north. property line of the property fronting
Main Street.
20, The applicant's proposal complies with SDC 31.110 (t).
g) Streetlights shall be installed as specified in SDC Section 32.060.
Findings:
21, Main Street in the vicinity of the subject site has street lights in accordance with SDC 32,060.
22, The Transportation Division has not requested street lights on South 23rd Street at this time, or an
Improvement Agreement for the improvement of South'23rd Street,
23, An Improvement Agreement may be requested at a future date fora separate development proposal, '
. ' .
h) The development shall connect to public utilities as specified in Sections 32.100 through 32.120
of this Code and comply with the Springfield Building Safety Codes, where applicable. Easements
may be required as specified in Subsection 32.120(5) of this Code.
The applicant did not turn in information regarding the state of the existing building; however the City
Building Official has suggested that the applicant retain a licensed, bonded engineer or contractor to
investigate the integrity of the structure for the proposed use, Because the occupancy rating will change,
'there will likely be other requirements of the applicant for bringing the building up to State and Springfield
Building Safety Codes, which will be ascertained at the time of building plan submittal.
The current building is connected to public utilities,
Findings:
24, The existing building is conneqted to public utilities,
Jo, No, DRC 2003-00044
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25, The City Building Official has suggested to the applicant that they retain a licensed, bonded
contractor or engineer to ascertain the possible requirements for building occupancy.
Timelines and Conditions of Approval: The property owner and/or applicant has 30 days from the date of
this decision to submit a Final Plot Plan demonstrating compliance with the following Conditions of
Approval:
Conditions of Aooroval:
1., The applicant shall install one street tree'chosen from the City's approved street tree list contained in
SDC 32.050. The tree must be planted at least 35 feet west of the South 23rd Street intersection.
2. The applicantshall install at least 8 shrubs, 5 gallons in size, in the proposed planting area at 2251
Main Street. The plants must be drought tolerant since an irrigation system is not proposed,
3, The applicant shall install. at least 2 shrubs in'the existing planter at 2dh and Main Street to comply
with 31. 110(4)(a).
4, The applicant shall install structural or vegetative screening along the western property line, the
distance of the proposed planter strip, which complies with screening standards per SDC 31. 160and
1 O-foot setback standards of Article 18.
5,' The applicant shall maintain a 25-foot vision clearance triangle at the corner of 23rd and Main Street
and 2(jh and Main Street and a 10-foot vision clearance at all driveway entrances,
6, In accordance with-SDC 31.160, the applicant shall screen the trash receptacle by a slatted fence, so
that it is screened from all public rights of way and view from adjacent properties,
7,' The applicant shall provide a connection to the sanitary sewer to keep organics and other pollutants
out of stormwater discharges. The trash receptacle area must be covered and be provided with a
. drainage basin isolated from adjacent areas, ,
8, In accordance with SDC31.190 (5), the applicant shall stripe all parking spaces at each site,
9. In accordance with SDC 31,190 (3), the applicant shall install wheel stops for parking spaces fronting
the existing structure at 2009 Main Street and for the 2 accessible parking spaces at 2251 Main
Sifeet. .
10, The applicant shall post No Parking signs on the fac;ade of the building facing 23rd Street,
11. The applicant shall post patron parking signs at 2009 Main Street and post directional signs at 2251
Main Street for joint parking location, '
12. The applicant shall illuminate the "No, Parking" and directional sign to the joint parking area at 2251
Main Street and the "Patron Parking Signs" at 2009 Main Street since the peak hours of operation are
expected to be from 8-11:00 p.rn. in the evening,
13. In accordance with SDC 31.190 (3), the applicant shall install wheel stops for parking spaces fronting
, the existing structure at 2009.Main Street and for the 2 accessible parking spaces at 2251 Main
Street. , ,
. 14, The applicant shall post No Parking signs on the fac;ade of the building facing 23rd Street.
In order to complete the review process, a Development Agreement is required within 45 days from the
date of this deCision to ensure the terms and conditions of this application are binding upon both the
applicant and the City, This agreement will be prepared by Staff and upon approval of the Final Plot Plan,
must be signed by the property owner prior'to issuance of a building permit.
THE APPLICANT MAY SUBMIT CONSTRUCTION OR BUILDING PLANS TO OTHER CITY
DEPARTMENTS FOR REVIEW PRIOR TO FINAL SITE PLAN APPROVAL IN ACCORDANCE WITH
SDC 31,080 AT THEIR OWN RISK, ALL CONCURRENT SUBMITTALS ARE SUBJECT TO REVISION
FOR COMPLIANCE WITH THE FINAL PLOT PLAN. A DEVELOPMENT AGREEMENT IN
ACCORDANCE WITH SDC 31~090WILL NOT BE ISSUED UNTIL ALL PLANS SUBMITTED BY THE
APPLICANT HAVE BEEN REVISED, CONFLICTING PLANS CAUSE DELAYS.
The construction of the required improvements shall begin within 90 days of the date of this decision, If
the established time line cannot be met, the applicant may' submit a written request for a time line
extension as specified in SDC Section 31.010(5) (b).
Jo, No, DRC 2003-00044
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The Director may allow a one-time extension of the 90-day start of construction time line due to situations
,including but not limited to, required permits from .the City or other agencies, weather conditions and the
unavailability of asphalt or the unavailability of street trees, Ifthe time extension is allowed, security shall
be provided as specified in SDC Section 31,110 of this Article, The time line extension shall not
exceed 90 days,
If the established time line is not met and the applicant has not requested an extension, the Director shall
declare the application null ,and void if the property is occupied and the property owner shall be
considered in violation of this Code. If the established time line is not met and the applicant has
requested an extension and that time line has not been met, the Director may require the improvements
be installed as specified inSDC Section 31,110(4),
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
Developr:nent Services Department, 225 Fifth Street, Springfield, Oregon, '
Aooeals: Aooeals: Normally, this Type I decision is exempt from the provisions of ORS 197,195,
197.763 and 227.173 and therefore cannot be subject to the appeal provisions of SDC, However,
because the City elevated this application to a Type II application, the applicant may Appeal in
accordance with SDC Article 15, Appeals, The application is $250 and is due by 5:00 p,m. October 21 st.
Questions: Please call Kay Bork in the Planning Division of the Development Services [)epartment at
. (541) 726-3784 if you have any questions regarding this process,
\. .
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, Notice of Decision-Minimum Development Standards
, '
Date of letter: April I, 2003
lournal Number: DRC 2003-00014
Owner:
Yaser Asayed
12932 Winterlake Dr.
Tigard, Oregon 97223
Aoolicant:
Kiana Keiser
609 E. 16th Street, Apt. 3
Eugene, OR 9740 I
Prooosal: The applicant 'proposes to redevelop an exi~ting unoccupied building located at 2251 Main
Street (Assessor Map number 17-03-36-42, Tax Lot 3100), to a restaurant! entertainment venue. The
building was formerly occupied as a tack! saddle store. The applicant states in their submittal that their
intent is "to improve the interior design cosmetically and open to the public as an 18 and older juice/
soda enterta.inmentvenue (sit down)".
Process: The applicants applied for development approval after neighboring property owners reported
that work was going on at the property and within the existing structure. Because the' application
involves a change of use! thea:pplicant was instructed, to apply for necessary building and planning
permits in ofder to legally operate ~heir proposed use. This Minimum Development Standards (MDS)
review is a necessary requirement for the planning process, but does not cover any possible
requirements of future building permits. Springfield Development Code (SDC) 31.0 I 0(2)(3.)(1:).) states, .
"MDS. shall apply within commercial, industrial, and public land zoning districts only, where there is a
change in use of a building or property." .
The Director, under SDC 31.0 10(3)(a) has the authority to elevate the MDS application to a Type II
application, whereby the neighboring property owners are notified of the development proposal.
Because this proposal came to the Department's attention due to complaints from the neighbors, this
application has been elevated to a Type II proposal. The neighboring property owners and residents
were notified and allowed an opportunity for written comment on the application by a specified date
and tinie, The City, received 2 written comments by the 5:00 p.m. April 2, 2003, deadline. Because the
letters are lengthy, comments relevant; to SDC criteria of approval for MDS are included where
, applicable. Written testimony in its entirety is attached to this report.
Site Information: ,The site is located at the southwest corner of 23rd and Main Streets in Springfield.
The site is developed with a 2,843 square foot building formerly used as a tack shop! saddle supply
store. The lot is 6,534 square feet. The site is currently accessed through 2 dr:iveways, o,ne on Main
Street and one on South 23rd Street. The site is currently unimproved with regard to sidewalks, street
trees, and the existing paving is substandard. The parking spaces are not striped. There is some
question as to whether the parking spaces adjacent to South 23rd Street are actually on the subject
property, qr, within the City right of way; however this cannot be determined without a comprehensive
survey of the property. . ,
Jo, No. DRC 2003"00014, CandyShack
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The property is zoned Community Commercial (CC). The proposed use is similar to those listed under
SDC 18020(4), under Eating and Drinking Establishments, as the owner has indicated that limited food
will be served, but non-alcoholic drinks and coffee. The use is allowable in the CC Zoning District. '
Decision: The application request is denied. The applicant can not satisfy the requirements of
SDC 18.070, for required off-street parking within a CC Zoning District. SDC 18070(5) stipulates that
"Eating and Drinking: Establishments" require I parking space per 100 square feet of gross floor area.
Based on the square footage of the existing structure, the SDC requires 29 parking spaces. Because of
the size of the existing structure and its location abut,ting an unimproved dirt roadway, it is not possible
for the applicant to develop the property as a restaurant without compromising' public safety and
welfare.
Although the application is being denied as it cannot be conditioned to facilitate traffic
safety, the City has reviewed the application and provided comments and conditions for
applicable MDScriteria, to give the owner/applicant an idea of possible requirements for. a
future development application on the site. This report may be useful in future
redevelopment of the subject property. .
Other Uses That May 'be Authorized by the Decision: None. Uses allowed by the SDC, but not
. listed on the application! are not ;:ipproved and require additional site and building review procedures.
Puroose; As stated in SDC 31.010, Minimum Development Standards (MDS), "are intended to support
economic development by minimizing City review for minor additions, expansions or changes in use.
MDS shall ensure compliance with specific appearance; transportation safety and efficiency; and
stormwater management standards specified in the Springfield Development Code (SDC) and otherwise
protect public health, safety and welfare."
Criteria of Aooroval: In order to grant MDS approval, the Director shall determine c()mpliance with
all applicable standards specified below: !'
I) A five-foot wide landscaped planter strip, including street trees, with approved irrigation
or approved drought resistant plants as specified in SDC Sections 31.130, 31.140 and
32.050 shall be installed between the sidewalk and parking areas or buildings.
, ,\
Directly west of the site, the adjacent property which fronts on Main Street has curbside sidewalks and
street trees, and is developed with a single family residence.' The site is accessed from Main Street
through a 40~foot wide driveway. The Oregon Departm~ntof Transportation (ODOT), is requiring the
applicant to close this driveway. Following the driveway c1osure;there will be space for the applicant to
provi'de a 7-foot curbside sidewalk and adjacent 5 foot landscape strip with street trees, as stipulated in
the Criteria I of the MDS sta,ridards. '
, The applicant states in the application that they would like an exception. to the street tree requirement
of 32.050. SDC32.050(2) provides, "Except where there are physical. restrictions; street trees shall be
spaced at 30~foot intervals. Street trees shall not be planted closer than 35 feet from the perpendicular
curb line of intersections of streets, nor within 5 feet of alleys, private driveways or fire hydrants." The
SDC also provides that street trees shall not be planted closer than 35 feet from the perpendicular curb
line of intersections of streets. Because of the nearby 23rd Street intersection; the applicant is required
to only plant o~ly one tree along Main Street. '
lo, No, DRC 2003-00014, Candy Shack
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III
South 23rd Street is a dirt-surfaced roadway lacking site amenities such as sidewalks or street trees. The
site's access onto South 23rd Street encompasses almost the entire length of the easterly side of the
property. Because of the dimensions of the lot and the building location, it is not practical for the
applicant to improve the frontage along So~th 23rd Street with curb, gutter, sidewalk, planter strip, or
street trees.
Findings: ,
. I. The northerly property line of the site has 64 feet fronting on Main Street, and there are street trees and
sidewalks on adjacent properties direaly west of the subjea site.
2.. SDC 32.050(2) requires street trees spaced at 30-foot intervals, and MDS Criteria of Approval I requires
that a 5-foot landscaped strip, with approved irrigation be' installed between the sidewalk and pavement
areas or buildings.
3., The applicant is being required as part of this application, to close the driveway fronting Main Street
4. According to SDt 32.050(2), the applicant is required to provide one street tree, because of the site's
proximity to the 23rd Street interseaion.
5, Given the condition of the 23rd Street frontage, it is not possible for the applicant to provide a planter strip
and street trees along the east side of the subjea site.
Condition:
I. The applicant shall provide I (one) street tree along the property's Main Street frontage, chosen from the
City's approved street tree list contained in SDC 32.050. The tree must be planted at least 35 feet west of
the South 23rd Street interseaion.
2) Trashrecep.tacles and o.utdoor storage areas shall be screened by a structure or
enclosure permanently affixed to the ground as specified in SDC Section 31.160.
On the submitted site plan, the applicant has illustrated a trash enclosure to the south of the existing
building, and states in the narrative that it will be screened with a slatted fence. Public Works standards
provide that trash receptacle areas must be covered and have separate drainage basins connected to the
sanitary sewer. '
Findings:
,6. SDC 31./60 requires that trash receptacles be screened by a struaure or enclosure permanently affixed to
the ground.
7. On the 'submitted site plan, the applicant has shown a trash recep~acle and has indicated that it will be
screened with a slatted fence. ','
8. The City's Civil Engineer has determined that a ffoor drain needs to be placed in the trash enclosure and
conneaed to the sanitary sewer.
9. As designed, the site plan does not provide adequate provisions for the drainage from the trash enclosure to
the sanitary sewer.
Conditions:
'2. In accordance. with SDC 31./60, the applicant shall screen the trash receptacle by a slatted fence, so that it
is screened from all public rights of way and view from adja~ent properties.
3. The applicant shall provide a conneaion to the sanitary sewer to keep organics and other pollutants out of
stormwater discharges: Jhe trash receptacle area must be covered and be provided with a drainage basin
isolated from adjacent areas. . .
'3) Bicycle parking spaces shall be added to meet the numerical standards for the
appropriate use or upgraded to meet the standards set in SDC Sections 31.210 and 31.220.
Jo, No, DRC 20.0.3-0.0.0.14, Candy Shack
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The applicant has not shown any bicycle' parking on their 'submitted site plan, and is requesting an
exception' for. the requirements of SDC 31.210 and 31.220 "due to type and location of business".
Currently, there is no bicycle parking is not currently provided on the site. The intent of the bicycle
parking standards in the SDC is to' encourage the use of bicycles by providing safe and convenient places
to park bicycles for, both cu~tomers and for employees.
Restaurants/ bars are not exempt from bicycle parking stand~rds, and as part of a 2004/2005 ODOT
preservation project for State Highway 126 (Main Street), bicycle lanes will.be striped on both sides of
Main Street for the entire length through the City, which will create a safer route to the property.
, ,
Staff received written' testimony from Heather Young, attorney with Thorp, Purdy, Jewett, Urness & '
Wilkinson, PC, 1011 Harlow Road, Suite 300, Springfield, OR 97477, regarding bicycle parking, as .
follows:
"The SDC provides that the Director may reduce the amount of required bicycle parking spaces,
: 'if the Director determines that a reduction in the amount of required spaces will not have an
adverse impact ~n public safety. Here, there is already insufficient parking for vehicles. If the
alternative 'of bicycle parking is not provided, there will be even more vehicles trying to park in a
small, congested area. This will definitely affect public safety. The requirement of bicycle parking
should not be reduced or waived."
Staff agrees with Ms. Young's comments, and cannot fin~ reason to waive the required bicycle parking,
particularly in light of the lack of vehicle parking spaces on the site, and the City's responsibility to
,encourage and facilitate, \:>icycle use. '
SDC 31.220 contains the minimum required bicycle parking spaces per type of development proposed.
The applicant's proposed use is considered an "Eating and Drinking Establishment", which requires I
space per each 600 square feet of floor area. Twenty-five percent of these spaces can be short term,
, and 75% are required ,to be long term. Long term spaces are required to be sheltered from
precipitation. The existing structure is 2,843 square feet. One space per 600 square feet of floor area is
equal to 4.7 spaces; and the SDC provides that this must be rounded up to the nearest highest number.
In accordance with the requirements of SDC 31.210 and 31.220, the applicant' is required to provide a
total of 5' bicycle parking spaces, 4 ofthese may be short term and I may be long term.
Findings:
10. The applicant has not shown bicycle parking on their submittal and further, is. requesting an exception to the
requirements of bicycle parking~ There is no' existing bicycle parking currently on, site. . '
II. The intent of the bicycle parking standards is to encourage and facilitate bicycle use Citywide.. The type and
location of the proposed use warrant the inclusion of bicycle parking, . for both patrons and employees,
particularly in light of the shortage of vehicle parking spaces on th~siie. '
12. In accordance with the requirements ofSDC ] 1.210 and SDC ] 1.220, the applicant is required to provide a
totdl of 4 short term and one long term bicycle parking space,
Condition:
. ,
4. The applicant shall provide 4 short term and I long term ,bicycle parking space, for a total of 5 spaces, in
accordance with the requirements of SDC ] 1.21 0 and SDC ] 1.220.
lo, No, DRC2003-00014, ~an.dy-Shack
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4) Parking and circulation areas shall be paved and striped and wheel stops installed as
specified in SDC Sections 31.170 and 31.190. Required paving and other impervious
surfaces on the site shall comply with on-site stormwater management standards as
specified in SDC Section 32.110.
PARKING ISSUES
The applicant is not proposing any improvements to the site such as parking striping, wheel stops, or
stormwater management standards. The applicant cannot provide the required parking and circulation
upgrades to the site to ensure that safety is facilitated, as specified in SDC 31.170 and 31.190, explained
as follows:
Lack of ~arking- which can be constructed to the standards in the SDC. The existing building is 2,843
square feet. The proposed use is considered an "Eating and Drinking Establishment", as listed in SDC
18.070. SDC 18070(5) provides that "Eating and Drinking Establishments" require I parking space per
100 square feet of gross floor area. Based on the square footage of the existing structure, the parking
requirements for the proposed use are 28.4 parking spaces. The SDC stipulates that where a fraction
results, the required parking is rounded up to the next whole number, or 29 parking spaces. The
applicant has illustrated 10 parking spaces on the submitted site plan, and the Transportation Division
has found that these which are not in compliance with the standards of SDC 31.170 and 31.190.
The Transportation Planning Engineer has determined that none of the spaces shown facing Main Street
are operational, given that ODOT is requiring the applicant's Main Street driveway be closed, and
backup and maneuvering room is limited or nonexistent. Additionally, none of the proposed spaces
along the east side of the building would have the adequate backup room to maneuver on-site and exit
the site without backing onto South 23rd Street. Further, the applicant has not shown any handicapped-
accessible parking on their submittal. Under the requirements of SDC 31.190, the applicant is required
to provide 2 ADA accessible parking spaces. SDC Section 31.180(8) states, "Parking spaces for disabled
people and accessible passenger loading zones that serve a particular building shall be located on the
shortest possible accessible circulation route to an accessible entrance of the building." There is
insufficient space on the property to provide any handicapped accessible parking constructed to the
standards of the SDC.
lo, No, DRC 2003-00014, Candy Shack
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SDC 31.0 I 0(4)(d) provides that, "In cases where the nu~ber of vehicular pa'rking spaces cannot be met
due to lot size or physical constraint; the Director, in consultation with the Transportation Planning
Engineer, may reduce the standard without a Variance if a finding is made that, the reduction will not
have an adverse impact on public safety."
South 23rd Street is an unimproved dirt surface roadway, approximately 25 feet wide, with no curbs,
gutters, sidewalks, or street lighting. South of the development site there is an open drainage ditch
immediately adjacent to the west'edge,of South 23rd Street. Large trucks use these roadways for access,
to adjacent industrial properties. Under these circumstances, parking spill~over onto the surrounding
streets due to a lack of adequate on-site parking capacity would create unsafe conditions for vehicular
traffic and pedestrians, particularly at night. Given these existing conditions, the Director cannot
authorize a reduction, in the number of parking allowed on site, as the reduction would adversely impact
public safety.,
Possible solutions for. the applicant's parking problem include obtaining joint parking easements from
adjacent property owners, relying on on-street parking for some of the parking requirement, or applying
for a Variance to the parking standards before the Planning Commission. The probability of these being
executed' and approved is unlikely, which is discus'sed as follows:
I) Obtain ioint access and ~arking easements with neighboring orooeri:ies. This is unlikely given that
directly, south, east, and west'of the subject site, the properties are ow.ned by Rosboro Lumber
Company. Main Street Muffler and, Brake, the business to the east which leases from Rosboro, is limited
in parking capacity. Additionally, both Rosboro and Main Street Muffler and Brake submitted written
testimony opposing the application, partially based on the application's lack of on-site parking, and it is
unlikely that they would either grant joint use access and parking, or sell one of their vacant lots to the
applicant.
The fol,lowing is a portion of the testimony submitted from Main Street Muffler and Brake, Dave
Ridenour, 2309 Main Street, Springfield OR 97477, which specifically addresses the parking issue, as
follows:
"Par.king for this business is ,another concern. We are right next door and we can not allow any
type of overflow parking for this establishment as first and foremost isa violation of our lease to
do so, whether it is during our business hours or, not.' Our parking is always at a minimum with
ourdiemele. We are not here after 6:00 p.m. and cannot control wl1'ere people choose tO,park
after we, go home. With this in mind, I have, (considered) putting up blockades crossed our
'entrances. This is not conduCive to the appearance of our pusiness or the services that w,e offer
our customers. We have ,customers that drop off their vehicles at night for first a.m: work and
this would make it very difficult for us to continue to offer this service to our customers."
, ,
On behalf of Rosqoro, Heather Young, attorney with Thorp, Purdy, Jewett, Urness, &:Wilkinson, PC,
1011 Harlow Road, Suite JOO, Springfield, OR 97477, submitted the following comments regarding
~~~' ,
"Rosboro owns the prpperties directly behind and to the East and West of the Candy Shack.
The property to tbe Westl is leased to a muffler shop, which also has limited parking available.
The muffler sh9P would be in violation of its lease if it allo.wed customers of the Candy Shack to
I The applicant's submittal.had a "north" arrow depicted on it which was found to be in the wrong direction,
pointing to the soutl;linstead. Ms.'\-;oung most likely meant that the property to the east is the Muffler Shop,
because of the error ih the applicant's submittal. '
Jo, No, DRC 2003-00014, Candy Shack.
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park on its premises. The property to the East2 is a single-family residence. which Rosboro rents
to a medically bedridden man. The tenant is very concerned about the parking situation and also
the potential for late-night noise. When asked about the Candy Shack's proposed hours of
operation, Sean Barghouty informed legal counsel that the Candy Shack would remain open until
2 a.m., if there were customers who wanted to stay that late. Obviously, the sound of cars
leaving the Candy Shack at 2 a.m. could be very disturbing to Rosboro's tenant, especially since
there is no sound buffer between the two properties.
The property behind the Candy Shack is a vacant lot. Rosboro is very concerned that, because
there is a parking deficiency, patrons of the Candy Shack will attempt to park on the lot. The lot
has grass growing on it. When the grass is dry, it could easily catch fire if exposed to the hot
exhaust systems of cars parking on the lot. Patrons may also be tempted to stand outside and
smoke cigarettes, throw the butts onto the lot, and create yet another fire hazard. This is of
great concern to Rosboro because its manufacturing facilities are located directly behind the
vacant lot. Logs are stored near the manufacturing facilities. These logs are very valuable and,
obviously, very susceptible to fire. As previously stated, Rosboro also owns two other buildings
in the immediate vicinity of the Candy Shack, which could be damaged or destroyed by fire. Of
particular concern is the medically bedridden tenant to the East. who may not be able to escape
a burning house in time."
Both Mr. Ridenour's and Ms. Young's testimony in whole are attached to this report.
Staff finds that properties across Main Street to the north would not provide safe pedestrian access to
and from parking areas, as there are no pedestrian crosswalks or signals in this vicinity, and as such,
these are not suitable for joint use access for the proposed development.
2. A Variance. Staff considers this option an unlikely solution, as the following finding would need to be
made if the Planning Commission were to approve the Variance:
(c) Granting of the Variance would have no significant adverse affects on the public
welfare or neighboring properties, and there are provisions to mitigate those adverse
affects, which will be a condition of use."
Because of the concerns the City has regarding provision of adequate parking, and the potential for
spillover parking onto the adjacent unimproved South 23rd Street, Staff cannot find any reasonable means
to suggest that the applicant pursue a Variance to allow a reduction in the required parking to the lO-
II spaces shown on the application.
3. A Modification of Provisions. A Modification of Provisions application would allow the applicant to
reduce the total parking required by 20%, or to 24 spaces. However, 24 spaces would raise the same
concerns regarding parking, because these spaces cannot be provided on the property, and securing
joint use parking is unlikely. Spillover parking would still be an issue on South 23rd Street. Additionally,
to support a Modification of Provisions request, findings that the reduction would not create demand
for on-street parking; increase noise, odor, or dust, or create a hazardous fire prevention or fire
suppression situation, would have to be made.
Given the conditions of the adjacent South 23rd Street, Staff could not support a request for a
Modification of Provisions, as the applicable criteria could not be satisfied.
2 The applicant's submittal had a "north" arrow depicted on it which was found to be in the wrong direction,
pointing to the south instead. Ms. Young most likely meant that the property to the west is a single family
residence, because of the error in the applicant's submittal.
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Findings: .
13. South 23rd Street is nota curb and gutter street,' but is .an unimproved dirt-surfaced roadway,approximately
25 feet wide, with no curbs, gutters, sidewdlks, or ,street lighting. Large trucks use these roadways for access
to adjacent industrial properties, ,Under these circumstances, parking spill-over onto the surrounding streets
due.to a lack of adequate on-site parking capacity would create unsafe conditions for vehicular traffic and
pedestrians, particularly at night
14. The applicant is illustrating a total of 10 parking spaces on their submitted plan. .
15. The applicant has not provided any parking for disabled people on the submitted site plan, 'and is required to
provide 2 according to SDC 3 1./90, in the closest possible location and route to an accessible entrance of
, the building. . , ,
16. In accQrdance with the parking requirements of SDC 18, the applicant is required to provide a total of 29
parking spaces, with 2 of these required spaces designated. for handicapped parking. '
I 7. Due to space limitations ,and requirements such as a sidewalk and planter strip along the Main Street access .
which is to be Closed, nOhe. of the proposed spaces facing Main Street would be usable. '
18. None of the other proposed parking spaces along South 23rd Street has adequate backup room to maneuver
on-site. and exit the site without backing onto South 23rd Street
19, Under, the requirements of SDC 31,170(1 )(c), the Director may authorize a reduction in the number 'of
required parking spaces when the location of the building on the site makes it impractical to provide the
required number of spaces without demolishing part . of the building, where the exception will have. no
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negative impacts on the surrounding neighborhood,. and whereby installed parking is completed in
accordance with the requirements of the SDC.
· 20. Given the proposed eating/drinking establishment use, the Transportation Engineer has found that it is likely
that the use Would have an adverse impact on the surrounding neighborhood with regard to parking,
, . because of the limited area in which to park, and the expected hours of operation.
21. Possible solutions to the parking problem are to attempt to secure joint use access agreements with adjacent
property owners; apply for a Variance; apply for a Modification of Provisions.
22. Given the criteria of approval for approving any of these solutions, Staff cannot in good faith recommend the
applicant pursue any of these options, as they are likely to b~ denied.
23. Staff cannot reasonably condition the application such that the applicant can meet the
requirements of the Code for parking, access, and circulation without compromising public
safety, and the application is therefore, denied. '
STORM DRAINAGE
Findings:
24. SDC 32.110(5) requires a development to employ drainage management practices approved by thePublic
Works Director and consistent with Metro Plan policies and the Engineering Design Standards and
. Procedures Manual, which minimize the amount and rate of surface water run off into receiving streams
including the prevention of water flowing from the roadway in an uncontrolled fashion. Public Works Staff
finds the sitepla~ allows storm water to flow onto the roadway in an uncontrolled fashion.
25, In addition, SDC 32, 110(5) requires a development to employ drainage management practices to alleviate
future costs oftreatihg the piped discharge, and to promote water quality.
26. Pollutants of concern are: heavy metals (cadmium, chromiur;n, copper, lead, nickel, aluminum, manganese,
iron and zinc,), toxic organics; nutrients (primarily nitrates and, phosphorus); pesticides, and other organics
such as polycyclic aromatic hyd~ocarbons (PAH), salts, total suspended solids (turbidity), ,microorganisms
(bacteria and viruses) and temperature. .
27. The applicant has not' proposed any drainage management practices on, their submitted plans.
Condition:
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5. In accordance with the requirements of SDC 32.110(5), the applicant shall provide a storm drainage
management system on their site which prevents water runoff in an uncontrolled fashion, and complies with
the requirements of the Public Works Engineering Design Standards.
5) Access onto the public right-of-way shall comply with SDC Section 32.080.
The easterly property line of the site abuts 23rd
Street, which is an unimproved dirt-surfaced
roadway and lacks curb, gutter, sidewalks, and
street trees. The frontage on 23rd Street does
not have a formal driveway.
Concerning access to Main Street, SDC
32.080( I )(c) states, "Access to designated State
Highways shall be subject to the provisions of
this Article in addition to the requirements of
the Highway Division, Oregon Department of
Transportation." Jeff Lange, ODOT Access
Management Specialist, provided the following
comments on the application via email:
"ODOT received an application for the Main Street approach to tax lot 3100. The application has been
returned to the applicant as incomplete. This approach application will fall into the category of (major
deviation) from Division 51 standards and will have to be processed through the Region Engineer. It is
very unlikely that ODOT would be able to approve the approach on Main Street."
Further, SDC 32.080(2)(a) prescribes, "Driveway access to arterial and collector streets may be
permitted if no reasonable alternative street access exists..." However, Main Street is designated a
major arterial, and the site has access to and from South 23rd Street.
Concerning access to 23rd Street, the site does not have a formally-improved driveway. According to
SDC 32.080, Access and Driveway Standards, the access onto 23rd Street is required to be a minimum
of 24 feet and a maximum of 35 feet. Because of the site restrictions, there is no safe alternative to
providing a driveway which meets the standards of the SDC. In addition, if the access to 23rd Street was
improved, the applicant would not be able to provide any parking on site. There is some question as to
whether the parking spaces adjacent to the east side of the building are within the City's right of way for
South 23rd Street.
Findings:
28. The applicant proposes to provide site access at two locations:
. A 40-foot wide driveway onto Main Street (McKenzie Highway No. 15) under the jurisdiction of the
Oregon Department of Transportation (ODOT), and
. Via a continuous access onto South 23rd Street along the east side of the property.
29. The applicant had submitted a formal request to ODOT for access to Main Street on March 7, 2003. The
application is considered incomplete by ODOT.
30. ODOT has stated in comments regarding the application that it is highly unlikely the requested access along
Main Street will be granted, as it would require a major deviation from their standards.
Jo. No, DRC 2003-00014, Candy Shack
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3 I. The City finds that there is no reason (or the applicant to pursue an ODOT permit to grant access to Main
Street, as ODOT hds indica,ted that it would be highly unlikely the applicant will be granted approval for such
'a permit,. '
32. SDC 32.080(3) requires that drivew~Jys serving two-way traffic in commercial districts bea minimum o( 24
(eet and a maximum of 35 (eet wide.
f
Condition:
6.. The applicant shall close the, access along Main Street, and provide a sidewalk~ planter strip, and street tree
where the access ,is closed. The applicant should consult with the Springfield Public Works Department and
. ODOT in order to ascertain the requirements (or such a project
6) Concrete sidewalks shall be installed where the site abuts a curb and gutter street as
specified in SDC Section 32.040.
As discussed previously, ODOT is requiring the applicant to close the Main Street access, in which the
applicant:is required to provide a new curb, gutter, and sidewalk. The site is currently developed with a
substandard 'sidewalk and planter strip. South 23rd Street is an unimproved dirt-surfaced roadway, with
no curbs, gutters, sidewalks, or street lighting, and as such, no street trees are required along the east
side of the property. '
Findings: ,
33. Main Streetis a curb and gutter,street, and is classified as a mdjor arterial in the SDC.
34. SDC 32.040(3)(c) requires that sidewalks along Main Street east of 10th Street be 7 feet wide.
35. ODOT is requiring the closure o( the applicant's Main Street. driveway, which will provide space (or a
sidewalk constructed to the standards in the SDC. .
36. South 23rdStreet is not improved with curb and gutter, and as such, the applicant is not required to provide
sidewalks along their frontage. .
Condition: ' .
7. In accordance with SDC 32.040(3)(c), the applicant shall construct a 7-(oot sidewalk along the northerly
property line o( the property which abuts Main Street '
7) Streetlights shall be installed as specified in SDC Section 32.060.
Findings: ,
37. Main Street in the vicinity o( the subject site has street lights in accordance with SDC 32.060.
38. The Transportation Division has not requested street lights on South 23rd Street at this time, or an
, ' Improvemeni Agreement for the improvement of South 23rd Street
39. An t'mprovement Agreement may be requested at a (uture date for a separate development proposal.
8) The development shall connect to public utilities as specified'in Sections 32.100 through
32.120 of this Code and comply with the Springfield Building Safety Codes, where
applicable. Easements may be required as specified in Subsection 32.120(5) of this Code.
The applicant did not turn in information regarding the stJ.te of the existing building, however the City
Building Official has suggested that the applicant retain a licensed, bonded engineer or contractor to
investigate the integrity of the structure for the proposed use. Because the occupancy rating will
change, there will most likely be other requirements of the applicant for bringing the building up to State
and Springfield Building Safety Codes, which will be ascertainedatthetime6f building plan submittal.
Jo, No. DRC 2003-00014, Candy Shack
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The current building is 'connected to public utilities.
Findings:
40. The existing building .is connected to public utilities.
41. The City Building Official has suggested to the applicant that they retain a licensed, bonded contractor or
engineer to ascertain the possible requirements for building occupancy.
Conditions of Aooroval: ,
Because the aoolication is bein'2 denied. these conditions are bein'2 listed for future
develooment aoolications on the same orooertv. Conditions and reauirements may
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chan'2e deoendin'2 on the time of a future submittal. but this will '2ive the aoolicant an idea
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. of what to exoect~
I. The applicant shall provide I (one) street tree along the property's Main Street frontage, chosen from the
City's approved street tree list contained in SDC 32.050. The tree must be planted at least 35 feet west of
the South 23rd Street intersection.
2. In accordance with SDC 31./60, the applicant shall screen the trash receptacle by a slatted fence, so that it
is, screened from all public rights of way and view from adjacent properties.
3. The applicant shall provide a connection to the sanitary sewer to keep organics and other pollutants out of
, storm water discharges. The trash receptacle area must be covered and be provided with a drainage basin
isolated from adjacent areas.
,,4. The applicant shall proyide 4 short term and I long term bicycle parking space, for a total of 5 spaces, in
accordance with the requirements of SDC 31.210 and SDC 31.220.
5. In accordance with the requirements of SDC 32,110(5), the applicant ,shall provide a storm drainage
management system on their site which prevents water runoff in an uncontrolled fashion, and complies with
the requirements of the Public Works Engineering Design Standards.
6. The applicant shall, close the access along Main Street, and provide a sidewalk,' planter strip, and street tree
where the access is closed. . The applicant should consult with the Springfield Public Works Department an.d
ODOT in order to ascertain the requirements for such a project, "
7. In accordance with SDC 32.040(3)(c), the applicant shall construct a 7-foot sidewalk along the northerly
property line of the property which abuts Main Street
Timelines: Normally, the applicant is informed of timelines for the Development Agreement and
improvements required. However, since this application is denied, the applicant ,cannot move forward
with their present development plans.
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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.
A~~eals: Normally, this Type I decision is exempt from the provisions of ORS 197.195, 197.763 and
227.173 and therefore cannot be subject to the appeal provisions of SDC. However, because the City
elevated this application' to a Type 1/ application, the applicant may Appeal in accordance with SDC
Article 15, Appeals. The application is $250 and is due ~y 3:00 p.m. April 24, 2003.
Questions: Please call Susanna Julber in the Planning Division of the Development Services
Department at (541) 726-3652 if you have any questio'ns regarding this process.
Jo, No. DRC~003-00014, Candy Shack
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