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HomeMy WebLinkAboutNotice PLANNER 5/17/2011 /w ,y" , ;/ :;... . . /}~ RECEIVED AFFIDAVIT OF SERVICE MAY 1 7 2011 STATE OF OREGON I, Iss, County of Lane ) By: 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 Tl1chnician, I prepar~d and caused to b~"".....J- mailed copies ofT'JP/I (- 00011 71~d'j;~/~--(),-~,:;;.~,._ (See attachment "A") on 6-17 .2011 addressed to (see -m!:.~:IfJtU.a,fI/-ta. Attachment B"), by causing'said letters to be placed in a U.S. mail box ~ ~ postage fully prepaid thereon. d4.~ Jycg~ STATE OF OREGON, County of Lane ~ (7, . 2011. Personally appeared the above named Karen LaFleur, Program Technician, who acknowledged the foregoing instrument to be their voluntary act. Before me: ~ ~J.J..cJIY My Commission 5l11[U Date Received:J Planner: LM .' . . TYPE I MINIMUM DEVELOPMENT STANDARDS, STAFF REPORT & DECISION Project Name: McKenzie Willamette Hospital Freezer Addition Nature of Application: Addition of a detached 400 square foot freezer unit at the McKenzie Willarnette Hospital site. A new concrete slab will be installed to accommodate the freezer and compressor unit. New sidewalks connecting the concrete slab to an existing loading dock and concrete patio area will also be . installed. The freezer and compressor will be screened by a chain llnk fence with privacy slats. The site of the freezer is within an interior landscaped area adjacent to the hospital building on the north side. Case Number: TYPIll-OOOll Project Location: 1460 G Street, Springfield, OR, Map and Tax Lot 1703362204601 Current Site Conditions: The site is located between 16th Street and Mohawk Boulevard and between I and G Streets in the central area of Springfield. The hospital site is 8.71 acres in size and is developed with the hospital building, office building and parking lots. Zoning: Mixed Use Commercial (MUC) Metro Plan Designation: Nodal Development Area Refinement Plan Designation: N/ A. Mohawk Specific Development Plan (not adopted) Overlay Districts: Hospital Support (HS), Drinking Water Protection (DWP) and Nodal Development (NDO) Zoning of Surrounding Properties: North across I Street- MUC, South across G Street - GO & LDR, East across 16th Street - LDR and West across Mohawk - PLO Application Submitted Date: April 26, 2011 Site Visit Conducted Date: May 5, 20 I] Decision Issued Date: May 17,2011 Recommendation: Approved, with Conditions. MDS - TYPlll-OOOll Date ReCejVed;~ Planner: LM 1 . . Proposed location of 400 square foot freezer, concrete pad and sidewalk connection CITY OF SPRINGFIELD DEVELOPMENT REVIEW TEAM POSITION REVIEW OF NAME PHONE Planner I Planning Liz Miller 726-2301 Transportation Planning Engineer Transportation Michael Liebler 736-1034 Public Works EIT Sanitary & Storm Sewer Clavton McEachern 736-1036 Deputy Fire Marshal Fire and Life Safety Gilbert Gordon 726-2293 Plans Examiner Building Kin Kaufman 726-3623 Water Quality Protection Coordinator SUB Water Amy Chinitz 744-3745 Owner: Applicant: McKenzie Willamette Medical Center David Stange, Plant Operations Manager 1460 G Street McKenzie Willarnette Medical Center Springfield, OR 97477 1460 G Street Springfield, OR 97477 Applicant's Representative: Daniel Klute Gerald McDonnell & Associates Architects, PC 860 W. Park, Suite 300 Eugene, OR 97401 Background: McKenzie Willarnette Hospital was built in 1955 and was not required to be developed under lbe current Site Plan Review process. The Springfield Development Code allows properties of more lban 5 acres in size that did not receive Final Site Plan approval to submit a Finai site Plan Equivalent Map. A Final Site Plan Equivalent Map application was submitted and approved in 2007 (DRC2007-00033). Once a Final Site Plan Equivalent Map is on file subsequent additions and adjustments to lbe site can be approved by the Site Plan Modification process. The following modifications have been suhmitted and approved modifying the Final Site Plan Equivalent Map: MDS - TYPlll-00011 Date ReceiverL!2Lrl~ Planner: LM 2 . . . A Major Modification was in 2007 submitted and approved for a parking lot across G Street, and modifications to the hospital entrance and parking areas (DRC2007-00044). The modifications to the hospital entrance and parking areas were not constructed and the file has been amended to depict only the addition of the parking lot across G Street. . A building permit (C0M2009-0ll62) was submitted in 2009 to the Final Site Plan Equivalent file modifying the site to add an oxygen tank and enclosure in 2009. . . A copy ofthis approved plan for the addition of the freezer enclosure to the site will also be added to the Final Site Plan Equivalent file further modifying the original plan. Purpose: 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 storm water management standards specified in the Springfield Development Code (SDC) and otherwise protect public health, safety and welfare. The Minimum Development Standards process is a Type I review which applies to properties that do not require either a Site Plan Review or a Site Plan Review Modification. The scale oflhis size project allows the MDS proce", to be utilized. Criteria of Approval: In order to grant MDS approval, the Director shall determine compliance with all applicable standards specified below: Special Use Standards: Tree Removal Finding: Springfield Development Code Section 5.9-110 states, " A Tree Felling Permit shall be required prior to the felling of more than 5 trees 5-inch dbh (diameter at breast height) or larger within a period of 12 consecutive months from a lot/parcel of private property under COmmon ownership consisting of 10,000 square feet or more of total area". . Finding: The applicant is proposing to remove three (3) pines ranging in size fromS to 13" dbh. No other trees have been felled in the previous twelve months. A Tree Felling Permit is not applicable and the trees are not in a required landscaped area. DEO Noise Regulations Finding: The Oregon Administrative Rules (OAR) for the Deparlment of Environmental Quality Noise regulations defines "Noise Sensitive Property" as real property normally used for sleeping, or normally used as schools, churches, hospitals or public libraries. Finding: The OAR noise control regulations for industry and commerce for new sources located on previously used sites states the following, "No person owning or controlling a new industrial or commercial noise source located on a previously used industrial or commercial site shall cause or permit the operation of that noise source if the statistical noise levels generated by that new source and measured at an appropriate measurement point, specified in subsection (3)(b) of this rule, exceed the levels specified in Table 8, except as otherwise provided in these rules." Finding: Subsection (3) states the measurement point shall be that point on the noise sensitive property, described below which is further from the noise source: (A) 25 feet toward the noise source from that point on the noise sensitive building nearest the noise source; or (B) That point on the noise sensitive property line nearest the noise source. OAR 340-335-035 Table 8 states that the maximum dba level between the hours of 7am to IOpm be 55 and the maximum dba level between IOpm and 7am be 50. Date Received: 1])[ (l ( It Planner: LM MDS - TYP11I-00011 3 . . Finding: OAR section 340-335-035 (6) lists Exceptions to the requirements listed above for (c) Those industrial or commercial noise sources whose statistical noise levels at the appropriate measurement point are exceeded by any noise source external to the industrial or commercial noise source in question and (d) Noise sensitive property owned or controlled by the person who controls or Owns the noise source. Written request from the owner or controller of the industrial noise source to the Department of Environmental Quality is required. Finding: The applicant has stated in the narrative that the dba level of the compressor is 76 at 10 feet away and 70 dba at 20 feet away. The freezer area including the compressor is located adjacent to an existing truck loading dock. The patio area is 47 feet away from the compressor and the nearest building point is approximately 31 feet from the compressor. Distance to the nearest exterior property line is 180 feet with an additional 65' right of way to the nearest adjacent property. Finding: The dba is 70 at 11 feet distance from the building; however the applicant has stated that the frequent truck loading noise is 20 dba greater than the compressor and comparable to the average street noise. The compressor noise would also likely qualify for the exemption by DEQ due to meeting Exceptions (c) and (d) of the OAR. Drinking Water Protection Overlav District Finding: The site is in a 10 year Time of Travel Zone for the 16th and Q Street Wellhead. Per Springfield Development Code section 3.3-200 this site is located in a Drinking Water Protection Overlay District. It is within the 5 year Time of Travel Zone for the Sports Way wellhead. A Drinking Water Protection Application is required to be submitted when a building permit is required and the action affects the storage use or production or increases the quantity of materials that pose a risk to groundwater. Finding: Although this proposal does require a building permit and increases the amount of material considered hazardous to drinking water, an exemption has been granted due the hazardous material being contained in a properly operating sealed unit. The Drinking Water Protection Coordinator received and approved an Exemption Application based on this exemption listed in SDC section 3.3-230 (B) (7). There was one condition listed on the exemption. regarding signage in the case of a spill: Condition 1: Prior to. the Final Building inspection a Wellhead Protection Area sign with the following verbiage shall be placed at the area of the new freezer and compressor location, "Springfield's Wellhead Protection Area. Help protect our drinking water. Report all leaks or spills to: HARZARDOUS MATERIALS RESPONSE 911. Site Operator: Springfield Utility Board 746-8451." Conclusion: As conditioned, the Special Development Standards criterion have been satisfied. A) A five-foot wide landscaped planter strip, including street trees, with approved irrigation or approved drought resistant plants as specified in SDC Sections 4.4-100 and 4.2-140 shall be installed between the sidewalk and parking areas or buildings. EXCEPTIONS: 1. Where there is an unimproved street, a four foot wide landscaped planter strip shall be required to be set back one foot from the property line. MDS - TYP111-00011 Date ReceiVed:~ Planner: LM 4 . . 2. Where there is insufficient space for the landscaped strip required in Subsection A., above due to existing buildings, street width, paved parking, changes of elevation or location of utilities including catch basins, the Director may approve: a. Decorative fencing located immediately behind the property line. The fencing may be wrought iron or masonry and shall be subject to the fence height standards of the applicable zoning district and the vision cleara~ce setbacks of Section 4.2-130; and/or b. Landscaping equivalent to the amount required in Subsection A., above may be placed at the property comers or other areas of the property that are visible from the street. X Complies as S~own on Plot Plan D Proposal Complies when the followiilg Condition(s) is! are met: 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 4.4-100. X Complies as Shown on Plot Plan D Proposal Complies when the following Condition(s) is/ are met: 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 4.6-140, 4.6145 and 4.6-155. X Complies as Shown on Plot Plan D Proposal Complies when the following Condition(s) is/ are met: D) Parking and circulation areas shall be paved and striped and wheel stops installed as specified in SDC Sections 4.6-100 and 4.6-120. Required paving and other impervious surfaces on the site shall comply with on-site stormwater management standards as spe . ied in SDC !:5 I Date Received, I I . Planner: LM.. MDS - TYP111-00011 5 . . Section 4.3-110 for required parking, circulation area and storage area impervious surfaces only. . EXCEPTION: In cases where the number of vehicular parking spaces cannot be met due to lot size or physical constraint, the Director,.in consultation with the Transportation Planning Engineer, may reduce the ~tandard without a Minor V mance if a finding is made that the reduction will not have an adverse impact on public safety. X Complies as Shown on Plot Plan D Proposal Complies when the following Condition(s) islare met: E) Access onto the public right-of-way shall comply with SDC Section 4.2-120. X Complies as Shown on Plot Plan o Proposal Complies when the following Condition(s) isl are met: f) Concrete sidewalks shall be installed where the site abuts a curb and gutter street as specified in SDC Section 4.2-135. X Complies as Shown on Plot Plan [J Proposal Complies when the following Condition(s) is/ are met: G) Streetlights shall be installed as specified in SDC Section 4.2-135. X Complies as Shown on Plot Plan BJ Proposal Complies when the following Condition(s) isl are met: MDS - TYP111-00011 Date Received: 5 Planner: LM. - 6 . . H) The development shall connect to public utilities as specified in Sections 4.3-105, 4.3-110 and 4.3-120 of the SDC and comply with the Springfield Building Safety Codes, where applicable. Easements may be required as specified in Subsection 4.3-140 of this Code. X Complies as Shown on Plot Plan o Proposal Complies when the following Condition(s) is/ are met: Timelines and Conditions of Approval: The submitted tentative plan is approved as the Final Plot Plan and will also be added to the Final site Plan Equivalent Map file as a modification. The following Condition of Approval is required to be completed prior to Final Building Inspection: . Condition 1: Prior to the Final Building inspection a Wellhead Protection Area sign with the following verbiage shall be placed at the area of the new freezer and compressor location, "Springfield's Wellhead Protection Area. Help protect our drinking water. Report all leaks or spills to: HARZARDOUS MATERIALS RESPONSE 911. Site Operator: Springfield Utility Board 746-8451. " 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 and land use approval. 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 5.15-125. 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. If the time extension is allowed, security shall be provided as specified in SDC Section 5.17-150 of this Article. The time line extension shal1 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 instal1ed as specified in SDC Section 5.7-150. Permits That May Be Required: .. Al1 new sewer taps will require permits from the Public Works Department prior to connection. . Building permits . An LDAP permit may be required for al1 grading, filling and excavating being done. MDS - TYP111-00011 Date Received:~ Planner: LM 7 . . 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. Appeals: 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 Section 5.3-100, Appeals. Questions: Please call Liz Miller in the Planning Division of the Development Services Department at (541)726-2301 if you have any questions regarding this process. MDS - TYP111-00011 bate ReCeiVed:~ Planner: LM " - 8 ,. ........~ . . City of Springfield Development Services Department 225 Fifth Street Springfield, OR 97477 MINIMUM DEVELOPMENT STANDARDS Development Agreement This DEVELOPMENT AGREEMENT, hereafter "Agreement" is entered into this day of , 2011 (the "Effective Date") by and between the CITY OF SPRINGFIELD, hereinafter "City" and McKenzie-Willamette Regional Medical Center Associates, LLC, hereinafter "Applicant," in accordance with the Springfield Development Code, hereinafter "SDC" 5.15-125 and 5.1-125.B. RECITALS WHEREAS, on the 17th day of May, 2011, the City approved the Minimum Development Standards, hereinafter "MDS" application submitted by the Applicant for the purpose of the following: CITY RECORD NUMBER TYP111-00011, Type I MDS application, requesting approval for an addition of a detached freezer unit, compressor, concrete pad and connecting sidewalks to the hospital development area. The property is located at 1460 G Street, Springfield, Oregon (Assessor's Map 17033622, Tax Lot(s) 4601). WHEREAS, in consideration for MDS application approval, the issuance of a Building Permit, and the issuance of an Occupancy Permit, as specified in SDC 5.15-125, the Applicant agrees to comply with all of the standards in the SDC and the Springfield Municipal Code that may be applicable to this development project unless specifically modified or excepted by this Agreement, the Development Services Director, Planning Commission, Building Official or their agents, or Fire Marshal, which modifications or exceptions shall be reduced to writing. WHEREAS, in consideration for MDS approval, the issuance of a Building Permit, and the issuance of an Occupancy Permit, as specified in SDC 5.15-125, the Applicant has agreed to comply with the following specific conditions imposed by the City as part of the MDS approval: 1. All improvements must be constructed/installed or bonded as shown on the Final Plot Plan, dated 5/17/10. 2. All conditions as specified in the MDS TYP111-00011 Decision, dated May 17, 2011 must be fulfilled prior to issuance of the Final Occupancy Permit. 3. No building or structure shall be occupied until all improvements are made as specified in this Section, unless otherwise permitted in Section 5.17-150. THEREFORE IN CONSIDERATION OF THE FOREGOING RECITALS WHICH ARE EXPRESSLY MADE A PART OF THIS AGREEMENT, THE CITY AND APPLICANT AGREE AS FOLLOWS: 1. FINAL PLOT PLAN. The Applicant has submitted a Final Plot Plan in accordance with SDC 5.15-125. 2. STANDARDS. The Applicant agrees to fulfill all applicable standards specified in the SDC and the specific standards listed in the RECITALS prior to the occupancy, unless certain conditions have been deferred to a later date in accordance with SDC 5.17-150. 3. CONDITIONS. The Applicant agrees to fulfill all specific conditions of approval required by the City listed in the RECITALS prior to occupancy, unless certain conditions have been deferred to a later date in accordance with SDC 5.17-150. ;. r ,-, ( d Date Received:~ Planner: LM . 4. MODIFICATIONS. notifying the City. 5. MAINTAIN.ING THE USE. The Applicant agrees to the following: . . The Applicant agrees not to modify the approved Final Plot Plan without first . ---- a. The buildings and site shall be maintained in accordance with the provisions of the SDC in order to continue the use. b. It shall be the continuing obligation of the property owner to maintain the planting required by the SDC in an attractive manner free of weeds and other invading vegetation. c. Undeveloped land within the development area, if any, shall be maintained free of trash and stored materials and kept in a mowed and attractive manner. Undeveloped land shall not be used for parking. . d. Parking lots shall be maintained by the property owner or tenant in a condition free of litter or dust, and deteriorated pavement conditions shall be improved to maintain conformance with the SDC. ' 7. In addition to all other remedies which may be provided by law or equity (including but not limited to penalties provided by applicable State Law or City Ordinances), the Applicant agrees that the City may enforce the Applicant's responsibilities by withholding the Applicant's Final Occupancy Permit and terminating any Temporary Occupancy Permit which may have been granted. 8. Any Final Plot Plan approved becomes null and void if construction does not commence within 90 days of the MDS TYP111-00011 Decision. IN WITNESS WHEREOF, the Applicant and City have executed this Agreement as of the date first herein above written. PROPERTY OWNER (for McKenzie-Willamette Regiomil Medical Center Associates, llC) By: Date STATE OF OREGON, County of Lane, _, 2011. Personally appeared the above named of ; who acknowledged the foregoing instrument to be his voluntary act. Before me: Notary Public for Oregon My Commission Expires CITY OF SPRINGFIELD By: Date STATE OF OREGON, County of Lane, _,2011. , Development Services Department Planner to be his voluntary act. Before me: Personally appeared the above named , who acknowledged the foregoing instrument 11\ ,-.1 ., Notary Public for Oregon Date Receivedi..J4l-.l....WL Planner: LM My Commission expires 2012 ."~ ,. .' . .-' ..... . ...." ..... ";';' . '.-". . CITY OF SPRINGFIELD DEVELOPMENT SERVICES DEPARTMENT 225 5th ST SPRINGFIELD; OR 97477 1 David Stange, Plant Operations Manager McKenzie Willamette Medical Center 1460 G Street Springfield, OR 97477 .-.-,.-:-,::'. . CITY OF SPRINGFIELD DEVELOPMENT SERVICES DEPARTMENT 225 5th ST SPRINGFIELD, OR 97477 Daniel Klute Gerald McDonnell & Associates Architects,PC ~60 W Park, Suite 300 Eugene, OR 97401 . . . .. ' . .. .... . Date Received: ~ I { 7! II Planner: LM D