Loading...
HomeMy WebLinkAboutNotice PLANNER 8/3/2009 . . RECE\VED AFFIDAVIT OF SERVICE AUG 3 2009 BY:~} db1u~uwrJ 16f1Lj~T 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, .1 prepared and caused to be O. mailed copies ofJ>ltt200 -DC(;) '. ~~ - fllJ<Y1.lW (See attachment "A") on 3 . 2009 addressed to (see ~ Attachment B"), by causing said letters to be placed in a U.S. mail box with MJ1'rn-u postage fully prepaid thereon. Ji~uc!:~J~ STATE OF OREGON, County of Lane 3 2009. Personally appeared the above named Karen LaFleur, Progr Technician, who acknowledged the foregoing instrument to be their voluntary act Before me: -- .-.--.......;~.-- '._'~.-----' . OFFICIAl. $""1. OfilVem KELLY .; NOTARY PUBliC. OREGON COMMISSION NO. 420351 MY COMMISSION eXPIRES AUG. 16. 2011 lY;yjj;J ~JYrr My Commission Expires: g /;:;/1/ I , . . Notice of Decision -Site Plan Review & Tree Felling Project Name: Springfield Millrace Ecosystem Restoration Project Project Proposal: This is phase II of the project, It will convert the Booth Kelly mill pond to a diverse ecosystem of wetland, upland prairie, riparian forest and a meandering Millrace channel. Case Number: DRC2009-00025 (Site Plan Review); DRC2009-00026 (Tree Felling) Project Location: 17-03-35 TL 307 Property size: 116 acres Base Zone: BKMU (Booth Kelly Mixed Use), HI (Heavy Industrial), Public Land and Open Space (PLO) Overlay District(s): none Metro Plan Designation: Light Medium Industrial Mixed Use and Heavy Industrial Refinement PlanfDesignation: Downtown Refinement Plan/Booth Kelly Mixed Use and Heavy Industrial designations . Pre-Submittal Meeting Date: June 12, 2009 Application Submitted Date: June 17, 2009 Decision Issued Date: July 31, 2009 Appeal Deadline Date:. August 15,2009 CITY OF SPRINGFIELD DEVELOPMJ,NT REVIEW TEAl\1" . ..',;' -Ii .... '. POSmON REVIEW OF NAME PHONE Project Manager Planning Steve Hopkins 726-3649 Transportation Planning Transportation Richard Perry 726-4585 Public Works Civil Engineer Utilities, Sanitary & Clayton Mceachern 736-1034 Storm Sewer Deputy Fire Marshall Fire and Life Safety Gilbert Gordon 726-2293 Community Services Building Dave Puent " 726-3668 Manager ~'APptitANT'S<DEVEI.bpMENT,'REVtEW rTEA.l\tt;\;r~t*j1Hl:~~~i'i1~~;;Zlf.J,t~~1~W1;t-!!,i;~1f1Jftf4}\f'l~i?Y1~;~,=~~~~~~:~~~~~f<~ _';:"._.,"_:'.c;,".~ ":'!,-.:l~"i:.,;:i);.," ,~~>'~i\f_ :fik""~.:;,t",;5<,i<'",,i2("""J~"""4',~~.t'wt... :';',,,,/~~;",,rM"~ .'i;:j.\~'''';o.(\i'q;~;~c:;r{G\{f!)?:!'i'\:;i;$:::i:tR'-&~,*~~\1';;:~#_~l ~~, 1\,;;~~f;1JJ~:k.d~'>.$\~~ Owner/Applicant: . Representative: Public Works Dept Tim Bingham City of Springfield Lane Council of Governments 225 Fifth St 859 Willamette St, Suite 500 Springfield OR 97477 Eugene OR 97401 Springfield Millrace Restoration Case No. DRCl009-00025 & 26 Poge I . . Site: Millrace Restoration Phase 2 July 2009 N A M~lrace project -City limits Tax Lots: County C>o<>oca Urban Growth Boundary Summary of proposal: The Millrace Restoration Project is comprised of two phases. . The first is occurring outside the Springfield UGB and has been reviewed by Lane County. This proposal is phase two of that project. TIlis phase will convert the Booth-Kelly Mill Pond into a diverse ecosystem of wetlands, upland prairie, riparian forest and a meandering Millrace channel that will provide salmon with direct access to the Willarnette Ri'Ver. The major actions include: . Removal of the darn and dewatering of the pond . Remove invasive species and replant with natives . Excavate a new Millrace channel . Construction a fire protection pond and two storm water treatment ponds . Construct pedestrian trails, boardwalk and an overlook . Provide parking for vehicles and bicycles within the crane shed . Removal of the carpentry shed and bridge. Springfield Millrace Restoration Case No. DR0009-00025 & 26 Page 2 . . The site is zoned HI (Heavy Industrial) and BKMU (Booth Kelly Mixed Use). In addition to the Springfield Development Code, all development at this site must be in compliance with the Booth Kelly Conceptual Development Plan (CDP) approved by the Springfield Planning Commission on AprilS, 1989 Gournal No. 89-03-53). The elements contained in the CDP that are most relevant to the proposal include: o parking areas, o a dock, o a landscaped park, o a bike path and o improved public access to the Millrace. The proposal contains all these elements, plus a board walk and interpretive signs. A significant portion of this project will create and restore a variety of wetland and upland habitats and will improve public access to these natural features. This is encouraged by the purpose statement of the BKMU district which states, in part: "... a variety of commercial, industrial, recreational and residential land uses are encouraged in a pedestrian-oriented setting that takes advantage of the BKMU Plan District's natural features." The crane shed will be paved and striped for vehicle parking, including 3 bicycle spaces. Further details will be required on the final site plan to verify compliance with ADA. Specifically, the parking, access to the trails, and the trails. Although the proposal contains two stormwater treatment ponds that will encroach into two of those parking areas, this will be offset by the parking provided inside the crane shed. In . addition, the stormwater ponds will not preclude parking lots in the general areas set aside for parking, as shown on the CDP. The Eugene-Springfield Transportation System Plan Gnly 2002) shows a bikeway (Millrace Path) through this site. The location of the bikeway has not been determined, but the proposed improvements will not preclude a pathway on this site. It can be located on the north or the south bank of the Millrace. This will be determined after construction of the channel. After construction, the bikeway will be located where there is adequate room and where there is cooperation with private landowners. As a condition of approval, a deed restriction will require dedication of right-of-way for a future bikeway, as shown on the CDP and TransPlan. Verbal comments from the building department indicate a building permit will be required for the stormwater treatment ponds. Decision: Tentative Approval with conditions, as of the date of this letter. The standards of the Springfield Development Code (SDC) applicable to each criterion of approval are listed herein and are satisfied by the submitted plans and notes unless specifically noted with findings and conditions necessary for compliance. The Final Site Plan 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. . Other Uses Authorized by the Decision: None. Future development will be in accordance with the provisions of the SDC, filed easements and agreements, and all applicable local, state and federal regulations. Springfield Millrace Restoration Case Na. DRC2009-0002S & 26 Page 3 . . , Review Process: These applications are reviewed under Type II procedures listed in SDC 5.1- 130, the Site Plan Review Criteria in SDC 5.17-100 and the Tree Felling Criteria in SDC 5.19-100. Procedural Findings: . Applications for Limited Land Use Decisions requile the notification of property owners/occupants within 300 feet of the subject property allowing for a 14 day comment period on the applications (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. . Notice was sent to adjacent property owners/occupants within 300 feet of the subject site on June 19, 2009. . On July 14, 2009, the City's Development Review Committee reviewed the proposed plans. City staff's review comments have been reduced to findings and conditions only as necessary for compliance with the Tentative Site Plan Criteria of Approval contained in SDC 5.17-125 and the Tree Felling Criteria of Approval contained in SDC 5.19-125. This decision was issued on the 44th day of the 120 days mandated by the state. . In accordance with SDC 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 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 Plan approval. Comments Received: The comment period began June 19 and ended on July 3. No comments were received. SDC 5.17-125: Site Plan Review Criteria of Approval The Director shall approve or approve with conditions: a Type II Site Plan Review application upon determining that approval criteria A. through E., below have been satisfied. 1f conditions cannot be attached to satisfy the approval 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: The Metro Plan designates this site as Heavy Industrial and Light Medium Industrial Mixed Use. The Downtown Refinement Plan designates this site as Heavy Industrial and Booth Kelly Mixed Use. The site is zoned BKMU (Booth Kelly Mixed Use) and HI (Heavy Industrial). Finding: The Booth Kelly Conceptual Development Plan (CDP) was approved by the Springfield Planning Commission on April 5, 1989 (Journal No. 89-03-53). In accordance with SDC 3.4-315, all major redevelopment and new construction shall be consistent with the CDP. Springfield Millrace Restoration Case No. DRCl009-00025 & 26 Page 4 . . 'i Finding: The CDP contains several elements that will be implemented in this proposal. Those include: o Three parking spaces, o a boardwalk, o pedestrian trails, o improved public access to the Millrace. Finding: The Eugene-Springfield Transportation System Plan (July 2002) shows a multi- use pathway (Millrace Path) through this site. Finding: The proposal will not impede or prevent future construction of any element of the CDP or any planned future pathway identified in TransPlan. Finding: This project will create and restore a variety of wetland and upland habitats and will improve public access to these natural features. This is encouraged by the purpose statement of the BKMU district which states, in part: "... a variety of commercial, industrial, recreational and residential land uses are encouraged in a pedestrian-oriented setting that takes advantage of the BKMU Plan District's natural features." \. BIKEWAYS Finding: The adopted TransPlan of 2002 lists the Millrace Path status as "Unprograrruned." Unprograrruned projects may not have specific funding sources identified, but are expected to be funded with reasonable assumptions about expected revenues within a 6-20 year horizon. Because of the adopted date of the plan, unprograrruned projects are now within the 6-20 year horizon. Finding: From TransPlan, 2002, Transportation System Improvements (151): Bicycle Policies. TS1 Bicycle Policy #3: Bikeway Connections to New Development, states in part, '~When new development occurs, connectivity to the regional bikeway system must be provided." Finding: The adopted Regional Transportation Plan of 2007 shows the Millrace Path location extending through the proposed project boundary and lists it on the "Fiscally Constrained Bike/Pedestrian Projects" list, as well as the, "Priority Bikeway System Projects" list. Firiding:Section 4.2-150 Bikeways, of the Springfield Development Code states, in part, "Development abutting existing or proposed bikeways identified in TransPlan or Springfield Bicycle Plan shall include provisions for the extension of these facilities through the development area by the dedication of easements or right-of-way." Finding: Section 4.2-150 Bikeways, of the Springfield Development Code states, in part, "The developer shall bear the cost of bikeway improvements, unless additional property . . Finding: The construction drawings for the project show a "Future Trail (BY OTHERS)" located on both the north and south banks of the project. Current project construction limits the actual pathway improvements to "interpretive" uses. Finding: The construction drawings for the project show a "Future Trail (BY OTHERS)" located on both the north and south banks of the project. This future tr.iil is depicted as terminating at an existing Timber Bridge, located at station 143+00 that is noted to be protected during the construction process. Finding: The construction drawings for the project show Typical Sections for stations 144+00 to 155+00 that indicate the new channel location, as well as, compacted fill that contains a 20ft wide, level area extending over this section on the North side of the channel. Condition 1: Record a deed restriction that requires dedication of right-of-way for a future bike way, as shown on the CDP and TransPlan. The deed restriction shall require the dedication prior to any sale, land division or transfer of control of the property containing the Millrace project. Submit a copy of the recorded document prior to approval of the final site plan. COMPLIANCE WITH OTHER REGULATIONS AND PERMITING Finding: Section 2.1-115(B) of the Springfield Development Code states, in part, that "all uses and development shall comply with all other applicable City, regional, State, and Federal Regulations." This requirement applies to the Americans with Disabilities Act of 1990 (ADA) and requires that all development meet minimum ADA Standards. Condition 2: Prior to approval of the Final Site Plan, the applicant shall have a design that is in compliance with all applicable ADA Standards. Specifically, the design shall show an accessible route from the proposed ADA parking spaces to the entrance of the interpretive areas. . Conclusion: As conditioned, the proposal complies with SDC 5.17-125(A). B. Capacity requirements of public and private facilities, including but not limited to, water and electricity; sanitary sewer and stormwater management facilities; and streets and traffic safety controls shall not be exceeded and the public improvements shall be available to serve the site at the time of development, unless otherwise provided for by this Code and other applicable regulations. The Public Works Director or a utility provider shall determine capacity issues. Finding: A plumbing permit will be required for the stormwater treatment ponds Finding: Because the construction project is limited to wetland and habitat restoration, it has only limited impact on the transportation network and requires no Traffic Impact Analysis. SANITARY SEWER Finding: Due to the nature of the project, no sanitary sewer lines will need to be constructed. Springfield Millrace Restoration Case No. DRG009-00025 & 26 Page 6 . . . .. STORMWATER MANAGEMENT Finding: Section 4.3-110.B of the SDC requires that the Approval Authority shall grant development approval only where adequate public and/ or private stormwater management systems provisions have been made as determined by the Public Works Director, consistent with the Engineering Design Standards and Procedures Manual (EDSPM). Finding: Section 4.3-110.C of the SDC states that a stormwater management system shall accommodate potential run-off from its entire upstream drainage area, whether inside or outside of the development. Finding: Section 4.3-110.D of the SDC requires that run-off from a development shall be directed to an approved stormwater management system with sufficient capacity to accept the discharge. Finding: Based on verbal comments from the builcling department, a plumbing permit will be required for the stormwater treatment ponds. WATER OUALITY Finding: The vegetation proposed for use in the swales 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 illtration. Satisfactory pollutant removal will occur only when the vegetation has been fully established. Condition 3: To ensure a fully functioning water quality system and meet objectives of Springfield's MS4 permit the Springfield Development Code and the EDSPM, the former mill pond site and detention pond shall be fully vegetated with all vegetation species established prior to City acceptance of the construction. 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. Conclusion: As conditioned, the proposal complies with SDC 5.17-125(B). 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: The parking spaces, boardwalk and trails need to be ADA compliant. The specific design of these facilities will be included .with the final site plan. Condition 4: The final site plan shall show the parking spaces. boardwalk and trails are ADA compliant. Finding: Verbal comments from the builcling department indicate a builcling permit will be required for the stormwater treatment ponds. Finding: On July 2, 2009, the Department of State Lands an application (APP0042750) for removal, fill or impact to a wetland and/ or waterway. That permit must be approved prior to final site plan approval by the city. Springfield Millrace Restoration Case No. DRC2009-00025 & 26 Poge 7 . . Condition 5: Prior to approval of the final site plan, submit a coPy of the approved DSL permit. Conclusion: The proposal complies with SDC 5.17-125(C). 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; minimize driveways on arterial and colledor streets as specified in this Code or other applicable regulations and comply with the ODOT access management standards for State highways. Finding: The crane shed will be paved and striped for vehicle parking, including 3 bicycle spaces. Further details will be required on the final site plan to velify compliance with ADA. Conclusion: As conditioned, the proposal complies with SDC 5.17-125(D). E. Physical features, including, but not limited to: steep slopes with unstable soil or geologic conditions; areas with susceptibility of flooding; significant clusters of trees and shrubs; watercourses shown on the WQLW Map and their associated riparian areas; wetlands; rock outcroppings; open spaces; and areas of. historic and/or archaeological significance, as may be specified in Section 3.3-900 or ORS 97.740-760, 358.905-955 and 390.235-240, shall be protected as specified in this Code or in State or Federal law. Finding: The Millrace is listed on the Water Quality Limited Watercourses map as a stream with less than 1000cfs and the riparian area boundary shall be a minimum of 50ft from the top of each bank. Finding: The agreement between the City of Springfield and the Army Corps of Engineers for the Millrace improvements lists the riparian boundary as 100ft from the top of each bank. Finding: The Natural Resources Study, the National Wetlands Inventory, the Springfield Wetland Inventory Map, and the list of Historic Landmark Sites were consulted. The Booth-Kelly mill was built in 1902 and rebuilt in 1912 after it was mostly destroyed by fire. It is not listed on the National Register of Historic Place or ipcluded in the local historic landmark inventory. Finding: The proposal will create and restore several wetland and upland habitats. Conclusion: The proposal complies with SDC 5.17-125(E). Springfield Millrace Restoration Case No. DRQ009-00025 & 26 Page 8 . . 'j SDC 5.19-125(A)-(H): Tree Felling Criteria of Approval Finding: The applicant proposes to remove 27 trees that range from 6 inches to more than 18 inches in diameter. There are two reasons for the proposed tree felling: . Allow removal of the dam, and . Convert the Mill Pond into a diverse eco-system of wetland, upland prairie, riparian forest and a meandering Millrace channel. Without approval of this tree felling, the entire Millrace restoration project would be significantly impacted. The tree felling and replanting will result in a more natural, diverse and higher function habitat than the existing condition. Finding: Approximately 405 trees and 2800 shrubs will be planted throughout the site. Finding: The detailed list of plantings is contained on sheet L-3. Finding: The presence of trucks and heavy equipment is not anticipated to be a significant impact because the site contains industrial uses. Heavy equipment traffic is appropriate at this site. Trucks will use S. Fifth Street and S. F Street. Condition of Approval: The following general construction practices apply when tree felling is initiated on site: . Notification shall be provided to the City at least 5 days prior to commencement of the tree felling operation. Please contact Steve Hopkins at 726-3649 or shopkins@ci.springfield.or.us. . All felling activities, including ingress and egress for the tree felling operations, shall include erosion control measures in conformance with the City's Engineering Desi!lfl Standards and Practices Manual. . Any soil and debris tracked into the street by vehicles and equipment leaving the site shall be cleaned up with shovels in a timely manner and not washed into the storm drain system. Conclusion: As conditioned, the proposed tree felling complies with SDC 5.19-125. DETERMINATION: Based on the evidence in the record, the Director proposal complies with SDC 5.17-125(A)-(E) and SDC 5.19-125(A)-(H). Conditions of Approval attached to this report. . determines the subject to the Springfield Millrace Restoration Case No. DRQ009-00025 & 26 Page 9 . . What Needs To Be Done? SDC 5.17-135 states: "Within 90 days of an affirmative decision by the Approval Authority, a complete Final Site Plan shall be submitted to the Development Services Department. The Final Site Plan submittal shall incorporate all. approval conditions listed in the staff report. The Final Site Plan shall become null and void if construction has not begun within two years of the signing of the Development Agreement required in Section 5.17-140." A Final Site Plan application is charged upon submittal of the complete application and all required documents and after all conditions of approval are met, including the construction of public and private improvements and extension of utilities required through this decision. 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 Approved Final Site Plans (including Landscape Plans) shall not be substantively changed without an . approved Site Plan Modification. In addition to the items required by the conditions, the final site plan shall contain the following: . Construction drawings: Sheets G1-G7, Sheets C1-C18 and Sheets Ll-L3. . Tree felling aerial photo DEVELOPMENT AGREEMENT: In accordance with SDC 15.17-140, a Development Agreement is required to ensure that the terms and conditions of site plan review are binding upon 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 applicant prior to the issuance of a Land Drainage and Alteration Permit or Building Permit. SECURITY AND ASSURANCES. All required improvements shall be installed prior to the issuance of a certificate of occupancy or final building inspection. Refer to SDC 5.17-150 for details regarding bonding for required improvements. Springfield Millrace Restoration Case No. DRCl009-00025 & 26 Page I 0 . . Summary of Site Plan Conditions of Approval. Unless otherwise noted, all conditions must be met prior to approval of the final site plan. Site Plan Condition 1: Record a deed restriction that requires dedication of right-of-way for a future bike way, as shown on the CDP and TransPlan. The deed restriction shall require the dedication prior to any sale,land division or transfer of control of the property containing the Millrace project. Submit a copy of the recorded document prior to approval of the final site plan. Condition 2: Prior to approval of the Final Site Plan, the applicant shall have a design that is in compliance with all applicable ADA Standards. Specifically, the design shall show an accessible route from the proposed ADA parking spaces to the entrance of the interpretive areas. Condition 3: To ensure a fully functioning water quality system and meet objectives of . Springfield's MS4 permit, the Springfield Development Code and the EDSPM, the former mill pond site and detention pond shall be fully vegetated with all vegetation species established prior to City acceptance of the construction. 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. Condition 4: The final site plan shall show the parking spaces, boardwalk and trails are ADA compliant. Condition 5: Prior to approval of the final site plan, submit a copy of the approved DSL permit. Tree Felling Condition of Approval: The following general construction practices apply when tree felling is initiated on site: . Notification shall be provided to the City at least 5 days prior to commencement of the tree felling operation. Please contact Steve Hopkins at 726-3649 or shopkins@ci.springfield.or.us. . All felling activities, including ingress and egress for the tree felling operations, shall include erosion control measures in conformance with the City's Engineering Design Stnndards and Practices Manual. . Any soil and debris tracked into the street by vehicles and equipment leaving the site shall be cleaned up with shovels in a timely manner and not washed into the storm drain system 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. Springfield Millrace Restoration Case No. DR0009-00025 & 26 Page II . . Appeal: This Type II Tentative Site Plan Review and Tree Felling decision may be appealed to the Planning Commission. The appeal may be filed with the Development Services Department by an affected party. The appeal must be in accordance with SDC, Section 5.3-100, Appeals. An Appeals application must be submitted to the City with a fee of $250.00. The fee will be returned to the appellant 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 p.m. on August 15, 2009. Questions: Please call Steve Hopkins .in the Planning Division of the Development Services Department at (541) 726-3649 if you have any questions regarding this process. Prepared by: S~/IIL Steve Hopkins, AlCP Planner II Development Services - Urban Planning Division Springfield Millrace Restoration Case No. DRCl009-00025 & 26 Page 12 . . CITY OF SPRINGFIELD DEVELOPMENT SERVICES DEPARTMENT 225 5th ST SPRINGFIELD, OR 97477 Tim Bingham Lane Council of Gove~~ments 859 Willamette Street; Suite 500 Eugene, OR 97401 CITY OF SPRINGFIELD DEVELOPMENT SERVICES DEPARTMENT 225 5th 8T SPRINGFIELD, OR 97477 Len Goodwin Public Works . - -. '. ........ ',..".:". .b