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HomeMy WebLinkAboutPermit Miscellaneous 1989-8-4 DEVELOPMENT SERVICES ADMiNiSTRATION PLANNING I BUILDING PUBLIC WORKS Augus~E7f,OPT9i3~N WASTEWATER MANAGEMENT Mr. and Mrs. Earl McElhaney 2797 Burlington Springfield, OR 97478 i .. .. .::) 4r:fiE[[rr/~ . \ - AUG .? l.-: 1 0 7989. -. Utt~ r&.~ fnwirn """"t)' Dear Mr. McElhaney, Re: Partition of property located between North 28th Street and North 31st Street in Springfield's Urban Growth Boundary (Jo. No. 89-06-109). DECISION The partition request for the above mentioned property has been granted PRELIMINARY PLAN APPROVAL as of the date of this letter. The applicant will have up to one year from the date of this letter to meet any attached conditions or Development Code standards to obtain Final Map Approval. The Final Map needs to be be submitted to the Development Services Department along with legal descriptions of the new parcels and any other required legal documents. The Director must certify that all conditions or Development Code standards li.sted under Preliminary Plan Approval have been met prior to Final Map Approval and Development Approval, i.e., before a building permit may be issued or property transferred. Please refer to the attached "Findings of Fact" (See Attachment A). FINAL HAP AND DEVELOPMENT APPROVAL In order to obtain Final Map and Development Approval the following conditions or standards need to be completed prior to August 4, 1990: Primary Conditions 1. Two copies of: (a) The Final Map showing a 50 foot-wide double panhandle (this panhandle must be part of Parcel 2 [25 feet] and Parcel 3 [25 feet]j the drainagewaYj and the tree masses along the drainageway and other portions of the property) and incorporating any conditions of the Preliminary Plan Approval. (b) Two copies of the Future Development Plan showing the drainageway. 2. The legal descriptions of the new parcels. 3. A signed Statement of Vater Rights form (City). 4. A signed Dedication of right-of-way form for both N. 28th and N. 31st Streets (Lane County). 5. A signed Improvement Agreement for both N. 28th and N. 31st Streets (City). 6. A signed joint use/access agreement for the 50 foot-wide double panhandle. This document needs to be reviewed by the City Attorney. ';, "'- '>'.~' ,.ri ...'......1. ~.., , ....., ,#"~ . ~ . .' ,.~. Page 2 McE"lhaney Padition.,Letter !I . ... "i. ,~r .' _": \,-\ .~. i "\) .: ~\,~~~.~'\ 7. Sign!=!d iAn~,exa;t,~Qn,sAgreeme!! t forms (Ci ty) . '" . ~t...",,~.. .~1~1'l .''''',\ 8. A l.e,(te.;> signed 'by the, i Lane County Sani tarian stating that the' property is capapl.,~""of" supportiI1:g a.t,'s~Ptic tank. .~ ..." -\" ..' ,.... , 9. A Slgneq' deed r~sti}ction for the existing drainageway stating that no alteratipn,excavatlJ:>rl or-fill shall be allowed within the drainageway itself which would imp.~de..the carrying capaci ty of the drainagewaYi no development shall occur within 10 feet of the drainagewaYi and that the existing trees along the drainageway shall not be cut without permission from the City. This document needs to be reviewed by the City Attorney. 10. A Facilities Permit from Lane County for access to North 31st Street. Secondary Conditions (do not have to be met until development occurs) 1. At the time of development of any parcel, the 50 foot-wide double panhandle driveway shall be paved a minimum width of 18 feet for a distance of at least 60 feet from North 31st Street, the remainder of the driveway can be gravel. 2. The property address must be seen from the street. 3. Coordinate water connections with Rainbow Vater District. Note: Item 4 needs to be on,a Lane County form. A copy of this form needs to be given to the City prior to approval by the Lane County Board of Commissioners. Items 5, 6 and 9 require recordation at Lane County. The applicant is responsible for paying the recording fees. APPEAL If you wish to appeal the decision of 'Partition Preliminary Plan Approval, you must do so within 10 days of the date of this letter. Your appeal must be in accordance Springfield Development Code, Article 15, APPEALS. If you have any questions concerning this matter, please contact me at your convenience. K:r/A: Planner cc: Larry Olson, Olson & Thompson Mike Evans, Land Planning Consultants John E. Barkle Carl and Jo Anderson Oscar and Delila Smith Donna Carlile Pat Dixon Dorothy Scales ATTACHMENT A FINDINGS OF FACT Background This proposal would partition Tax Lot 800, Assessor's Map 17-02-19-30, into three parcels. Parcell, would be approximately 1.4 acres; Parcel 2, would be approximately 1.6 acres; Parcel 3, would be approximately 9.4 acres. Access for Parcels 1, 2 and 3 would be through a 50 foot-wide double panhandle with a joint/use access an9 maintenance agreement. Th~ panhandle would later be converted to public right~of-way .upon subdivision of the remainder of the property after annexation to the City of Springfield. The property is vacant. The property is zoned LOR Low Density Residential; the Metro Plan designation is Low Density Residential. The property is not in any refinement plan~ The proposal was submitted on June 23, 1989. The proposal was accepted by staff on June ~O, 1989. On June 30, 1989, adjacent owner/occupants were sent notice of this Type II application. On July 11, 1989, the Development Review Committee (DRC) reviewed this request. On July 13, 1989, the DRC held, a public meeting to discuss this proposal wi th the applicants and adjacent noticed property owner/occupants. S taft: Gary Karp and Shari Higgins. Public: Carl and Jo Anderson, ,Oscar and Delila Smith, John Ba~kle Earl McElhaney, Donna Carlile Pat Dixon and Mike Evans. Issues: Protection of the drainageway, dedication of right-of-way for North 31st ,Street (concerns about, street widening), the Future Development Plan (whether .it should be sent with the public notice*) and annexation to the City (when), and the status of the 50 foot-wide double panhandle driveway (whether it should'be dedicated as public right-of-way to Lane County). The issues raised needed further study. A second public meeting was suggested. *Staff will discuss this issue during the next review of Departmental policies.~ 'On Augus t information Lands. 3, 1989, the DRC held a second public meeting to review additional submitted by the applicant, Lane County and the Oregon Division of State Staff: Gary Karp and Shari Higgins. Public: Mike Evans, Dorothy Scales, Christine McElhaney, Nicole McElhaney, Earl L. McElh~ney and John Barkle; a letter sent by Mr. and Mrs. Carl Anderson was read into the record. McElhaney Partition Findings Page 2 Issues: 1. Dedication of right-of-way on North 31st Street. Lane County received a copy of this application and has requested the City to ask for an additional 10 feet of public right-of-way so that this property can ,line up with properties to the north which have already dedicated the proper amount of right-of-way. The only property that will be dedicating right-of~way will be the McElhaney property. No other properties ar~required to dedicate right-of-way at this time. This portion of North 31st Street does not appear on the TransPlan (a document which lists street improvement projects for the metropolitan area). There is no street improvement project planned for the immediate futur~. 2. The drainageway. Staff was concerned that the drainageway was a potential wetland. John Marshall of the Division of State Lands was asked to do an on-site evaluation of the drainageway. He stated that the drainageway was not a wetland. However, staff agrees with the neighbors that the drainageway must be protected. Therefore, a deed restriction will be made a condition of approval of this application stating that no alteration, excavation or fill shall be allowed within the drainagewayitself which would impede the carrying capacity of the drainageway; no development shall occur within 10 feet of the drainageway; and that the existing trees along the drainageway shall not be cut without permission from the City. This document needs to be reviewed by the City Attorney. 3. The panhandle driveway. City staff originally asked that, the panhandle driveway be dedicated to Lane County as public right~of-way. The County did not want to accept responsibility for this right-of~way. Therefore, a joint use/access agreement with language stating upon further development of this property (after annexation) all parties will agree to dedicate the panhandle to the City as public right-of-way. 4. Annexation and septic approval. A number of years ago there was a moratorium on septic approvals in north Springfield and the River Road area. The north Springfield area was found to be able to support septic tanks based upon the limited amount of development that is permitted in the Urban Growth Area. Septic approval for this property is required as a condition of approval for this application. Island annexations are typically utilized when a health hazard exists. Currently, there are no plans by the City to annex this area. If and when sewers are extended to serve properties which are island annexations, properties which are still in the County will not be permitted to hook up to the sewer until they are annexed. The properties would be assessed prior to hooking up to sewer. .,.../ . McElhaney Partition Findings Page 3 Criteria of Approval Section approve, criteria: 34.050 of approve the with Springfield Development Code states: conditions or deny the request based The Director shall upon the following (1) THE REQUEST AS ,CONDITIONED FULLY CONFORMS VITH THE REQUIREMENTS OF THIS 'CODE AND THE KETROPLAN, ESPECIALLY REGARDING THE EFFICIENT USE OF URBAN ANDURBANIZABLE LAND, THE EFFICIENT PROVISION OF PUBLIC FACILITIES AND SERVICES, AND CONSIDERATION OF NATURAL FEATURES IDENTIFIED IN ~~AO PLAN INVENTORIES. The zoning of the property and the Metro Plan designation are both Low Density Residentiali thus the zoning is consistent with the Metro Plan designation. There are no identified Metro Plan inventoried natural features on this property. However, the National Wetlands Inventory Map shows the drainageway on the property. John Marshall of the Oregon Division of State Lands was contacted concerning this issue. Mr. Marshall made a site visit and tested the east end of the drainageway. Mr. Marshall's letter states: " there are no wetlands in the area I visited on the McElhaney site". The existing drainageway will be protected by a deed restriction stating that no alteration, excavation or fill shall be allowed within the drainageway itself, which would impede the carrying capacity of, the drainagewaYi no development shall occur within 10 feet of the drainagewaYi and that the existing trees along the drainageway shall not be cut without permission from the City. This document needs to be reviewed by the City Attorney. This request will conform with the requirements of the Springfield Development Code when all conditions necessary for Final Approval have been met. (2) THE FUTURE USE FOR uRBAN, PURPOSES OF THE REMAINDER OF THE PROPERTY UNDER THE SAKE OVNERSHIP SHALL NOT BE IMPEDED. Parcels 1, 2 or 3 cannot be further divided until they are annexed to the City. The 50 foot-wide double' panhandle will allow for future division. This panhandle will be required to have a joint use/access agreement and wording to provide for the future dedication of right-of-way to the City. A Future Development.Plan will be utilized in conjunction with any current development of Parcels 1, 2 or 3 (one house is permitted on each parcel until annexation and subdivision). This Plan will prevent the blocking of proposed streets and will protect future lots. The future use for urban purposes of the remaining parcel under the same ownership will not be impeded. '-." McElhaney Partition Findings Page 4 (3) THE DEVELOPMENT OF NEIGHBORING PROPERTIES OR ACCESS TO THOSE PROPERTIES SHALL NOT BE IMPEDED. The partition has no affect on the development of or access to neighboring properties. Preliminary Plan Approval and Required Conditions The Director has determined that the preliminary plan satisfies the requirements of the Springfield Development Code and that conditions are necessary to satisfy the requirements of this Code or the Metro Plan. Section 34.070 of the Springfield Development Code states: All proposed partitions shall meet the public and private improvement standards of 'Article 32, PUBLIC AND PRIVATE IMPROVEMENTS. [X] ADDITIONAL RIGHT OF YAY AND STREET IMPROVEMENTS. VHENEVER AN EXISTING STREET OF INADEQUATE VIDTH IS ABUTTING OR VITHIN A SITE REQUIRING DEVELOPMENT APPROVAL, ADDITIONAL RIGHT OF YAY SHALL BE REQUIRED. Dedication of right of way for North 31st Street: 30 feet to centerline. In addition; dedication of right of way for North 28th Street: 25 feet to centerline. [X] SENATE BILL 142 REVROTE SECTIONS OF ORS 92.044 AND 92.120 TO REQUIRE SUBMISSION OF A STATEMENT OF YATER RIGHTS PRIOR TO THE FILING OF ANY PLAN, PLAT OR REPLAT OF A SUBDIVISION, NOT SUBJECT TO THE REQUIREMENTS OF ORS 92.110; AS YELL AS ANY PARTITION. THIS BECAME EFFECTIVE ON JANUARY 1, 1988. A statement of water rights form needs to be completed. A form is available from the City. [X] AN IMPROVEMENT AGREEMENT SHALL BE REQUIRED ASA CONDITION OF DEVELOPMENT APPROVAL IN ALL CASES VBERE UNIMPROVED STREET FRONTAGE EXISTS. A City Improvement Agreement will be required for both North 28th and N. 31st Streets. THE ABOVE ATIACHED CONDITIONS OF APPROVAL SHALL BE COMPLETED AT THE TIME THE FINAL HAP IS SUBMITIED, PRIOR TO FINAL APPROVAL. Note: The additional (delayed) conditions below do not have to be met at the time of Final Approval. However, they have to be met prior to occupancy of any new dwelling unit on Parcell, 2 or 3: [XJ The panhandle driveway must be paved (minimum length 60 feet, minimum width, 18 feet). ,[XJ The property address must be seen from the street. For Partitions within the City's Urban Growth Boundary, the following standards of SDC 29.070(1) and (5) appl~: . .,..,--"' McElhaney Partition Findings Page 5 1. The minimum area for the partitioning of land must be 10 acres. The subject property is approximately 12.4 acres. In this case the following shall be met: a. The efficient and full urban use of the property, or neighboring properties shall not be limi tedby the parti ~ion. The partition has no affect on the development of or access to neighboring properties. The partition as approved will allow for the future division of Parcels 1, 2 and 3 upon annexation to the City. b. Proposed land uses and densities must conform with the Metro Plan and the Springfield Development Code. Only those land uses permitted in the UF-10 Overlay permitted. Only one dwelling unit will be permitted upon and 3) will be permitted. Upon annexation Parcels 1, divided as shown in the Future Development Plan. District will be each parcel (1, 2 2 and 3 may be The Metro Plan density for the Low Density Residential District is from 1 through 10 units per acre~ The proposed land uses and densities will conform with the Metro Plan and the Springfield Development Code. c. A Future Development Plan for urban development shall be requfred where the property is redivisible into smaller parcels. A Future Development Plan is required. d. A majority of parcels located within 100 feet of the property to be partitioned shall be smaller than 5 acres. The following Tax Lots are within 100 feet of the subject property: Assessor's Mapt 17-02-19-31; Tax Lot 00600*, 00701, 00703, 00704 and 00802. Assessor's Mapt 17-02~19-32; Tax Lot 00500*, 00501, and 00601. Assessor's Mapt 17-02-19-33 Tax Lot 00101, 00200, 00300, 00301, 00401, 00500 and 00501. Assessor's Mapt 17-02-19-41; Tax Lots 00126, 03001, 00318, 03026, and 03027. There are 18 lots under and 2 lots over 5 acres; the majority of the lots are under 5 acres. Note: * These lots are over 5 acres. 2. Detached single family dwellings shall be si ted so as to allow for the future division and/or more intensive use of the property. Any 'dwelling unit proposed for Parcel 3 shall be sited so as not to prevent the future division of Parcels 1, 2 and 3. The DRC recommended, that the Director of the Planning and Development Department grant Preliminary Plan Approval. r-~... ~~ ".".."i'''''''''.',..,....IiIJ~I.l! ~ - --- .1. 33b'.l.S 80 lJ CC H.1$!ffy ',aLl ,or; ~ 0\ (\ ... ':Q I-..j \l ~t:l ~ LJ;j ~~, ~~,~,0017f'c? . ~~ 13 "", ~~( ~ Q::~~~ It)~ l::j "'~-I-: l:l ~ A ~~, ~ ~ ~~ ~ ~~..,~ .... ':[1 {? 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