HomeMy WebLinkAboutMiscellaneous PLANNER 6/21/2005 • • _ t e.ba
AFFIDAVIT OF SERVICE
STATE OF OREGON } Da Received: Z
a ,..
} ss. Planer. s L
County of Lane } `�r�
I, Brenda Jones, being first duly sworn, do hereby depose and say as follows: I. v ( ( far
1. I state that I am a Secretary for the Planning Division of the Development
Services Department, City of Springfield, Oregon.
2. I state that in my capacity as Secretary, I prepared and caused to be
�a f �iFIX•l'oa5oOcxy Ca/7�r�� 2Ctf
mailed copies of . rr d_ /sc - fe a-,its. (See
attachment "A") on le/2.1 , 2005 addressed-to (see Attachment "B"),
by causing said letters to be placed in a U.S. mail box with postage fully
prepaid thereon.
Am"Lc
Brenda Jones /'' 11
Planning Secretary(
STATE OF OREGON, County of Lane
' 2 , 2005 Personally appeared the above named Brenda Jones,
S W-tary, who acknowledged the foregoing instrument to be their voluntary act. Before
me.
RiSANDRA SEAL 1 II
NOTARY PUBLIC-OREGON O ''I1z'O�COMMISSION COMMISSION NOV. ( My Commission Expires:
1 MY COMMISSION EXPIRES NOV.12,2008
eoRINGFIELD
City of Springfield •
■ .Dev'blopment Services Department
i
225,Fifth Street
Springfield, OR 97477
Phone: (541) 726-3759
Fax: (541) 726-3689
WILLAMETTE GREENWAY-Application for Development in the Greenway Overlay District
SETBACK ESTABLISHED NOT ESTABLISHED
ESTABLISH SETBACK, WITHOUT DEVELOPMENT_
Applicant Name V► ` L, e Z Yi/1 y--) Phone 3 0 Z - 1 73-
Address P e -05( ZOs
Property Owner Name ri /3 L&--K L-L C. Phone
Address
Developer Name Phone
Address
Property Address ti Coves✓ 4:4 n \ fen,.cZ v._
Assessor's Map No. ji - 4:4 • 41 Tax Lot No. / GL
Size of Property . \ 'y Square Feet or Acres x
Zoning of Property (' C Existing Use of Property \( CI C c;_%Cr
City Limits: Yes No X
Description of Proposal co -c c' .1. ■
Was this development proposal reviewed by the City through a Pre-application Report? Yes /No
The undersigned acknowledges that the information in this application is correct and accurate.
Applicant Signature Date
If the applicant is other than the owner,the owner hereby grants permission for the applicant to act in his/her behalf
Owner Signature Date
( ? For Office Use Only:
`
Journal No. S 5--6000IReceived By I en--z-
Assessor's Map No. 13 Ci3 '3,4. a ( Tax Lot No. /OD
Date Accepted as Complete
5/17/05 1
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THE APPLICATION.PACKET
COMPLETE APPLICATION REQUIRED
There is an intake screening process and a detailed completeness check:
1. An intake screening process will be conducted at the front counter at the time of submittal. Planning
Division staff will determine whether all required items listed in the Submittal Requirements Checklist
have been submitted. An application for submittal not having all of the required items will not be
accepted.
2. A detailed completeness check will be conducted within 30 days of submittal. In this case,the assigned
Planner will notify the applicant in writing concerning the completeness of the application. An
application will not be deemed technically complete until all information necessary to evaluate the
proposed development,its impacts,and its compliance with the provisions of the Springfield
Development Code and other applicable codes and statutes have been provided.
Incomplete applications will delay the application review process and may result in denial.
Submittal Requirements Checklist
IF YOU FEEL AN ITEM DOES NOT APPLY,PLEASE STATE 1HH.,REASON WHY AND ATTACH 1'HE
EXPLANATION TO THIS FORM. APPLICATIONS NOT HAVING ALL BOXES CHECKED AND/OR AN
EXPLANATION FOR ITEMS NOT APPLYING WILL BE RETURNED TO THE APPLICANT AND WILL
THEREFORE DELAY IRE APPLICATION REVIEW PROCESS.
1. Detailed written explanation of the proposal
2. Supportive facts and findings that address the Willamette Greenway Overlay standards set forth in Article 25 of
the Springfield Development Code and Discretionary Use Criteria set forth in Article 10 of the Springfield
Development Code if applicable. (See below for more detailed information regarding the above-referenced
standards and criteria)
3. Application fee Refer to the Development Code Fee Schedule for the appropriate fee. A copy of the fee schedule
is available at the Development Services Department.
4. Copy of the deed and a preliminary title report issued within the past 60 days documenting ownership and
listing all encumbrances. If the applicant is not the property owner, written permission from the property owner is
required.
The following standards set forth in Article 25 of the Springfield Development Code shall apply to this
application:
A Greenway Setback Line shall be established to protect, maintain,preserve, and enhance the natural, scenic,historic,
and recreational qualities of the Willamette Greenway. Only water-dependent or water-related uses shall be permitted
between the Willamette River and the Greenway Setback Line. The Greenway Overlay District shall substitute
temporarily as the Greenway Setback Line for all properties within this Overlay District that do not have an established
Setback Line. Establishment of this Setback Line may occur with or without a request for development approval,but any
request for development approval on land without an established Setback Line must be accompanied by an application for
5/17/05 2
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establishment of the Greenway Setback Line. The location of the Greenway Setback Line shall be determined consistent
with the following standards derived from Section C.3 of the Willamette River Greenway Goal 15:
1. Local, regional, and State recreational needs shall be provided for consistent with the carrying capacity of the
land. The possibility that public recreation use might disturb adjacent property shall be considered and
minimized to the greatest extent possible.
2. Adequate public access to the river shall be provided.
3. Significant fish and wildlife habitats shall be protected.
4. Identified scenic qualities and view-points shall be preserved.
5. The maintenance of public safety and protection of public and private property,especially from vandalism
and trespass shall be provided for to the maximum extent practicable.
6. The natural vegetative fringe along the river shall be enhanced and protected to the maximum extent
practicable:
7. The location of known aggregate deposits shall be considered. Aggregate extraction may be permitted outside
the Greenway Setback Area subject to compliance with State law,the underlying district,and conditions of
approval designed to minimize adverse effects on water quality, fish and wildlife,vegetation,bank
stabilization, stream flow,visual quality, quiet and safety and to guarantee reclamation.
8. Developments shall be directed away from the river to the greatest possible degree;provided, however, lands
committed to urban uses shall be permitted to continue as urban uses, including port,public, industrial,
commercial and residential uses, uses pertaining to navigational requirements,water and land access needs
and related facilities.
Before the Planning Commission or Hearings Official can determine the Greenway Setback Line,there must be
information submitted by the applicant,which adequately supports the request. All of the Greenway Setback Line
standards must be addressed by the applicant. If insufficient or unclear data is submitted by the applicant,there is a
good chance the request will be denied or delayed. It is recommended that you hire a professional planner or land use
attorney to prepare your findings.
The following standards set forth in Article 10 of the Springfield Development Code shall apply to development
applications:
1. The proposed use shall conform with other permitted uses in terms of scale, lot coverage,design,
intensity of use and operating characteristics.
2. The proposed use shall not generate more traffic on local streets or more demand for public facilities
than would permitted uses in the same zoning district.
3. The proposed use conforms with applicable Metro Plan policies and applicable descriptions of Land
Use Designations shown on the Metro Plan Diagram.Expansion of an existing Discretionary Use
shall be exempt from conformance with Metro Plan land use designation descriptions.
Before the Planning Commission or Hearings Official can approve a Discretionary Use request,there must be
information submitted by the applicant,which adequately supports the request. In reviewing a request,the City must
consider both the positive and negative elements of a Discretionary Use request. All of the Discretionary Use Criteria
must be addressed by the applicant. If insufficient or unclear data is submitted by the applicant,there is a good
chance the request will be denied or delayed. It is recommended that you hire a professional planner or land use
attorney to prepare your findings. •
5/17/05 3
2005 3: 31PM 3 Real Estate Developmen 5413451181 p• 2
.:f
, SPRINGFIELD .
CITY OF SPRINGFIELD � �
DEVELOPMENT SERVICES DEPARTMENT
225 FIFTH STREET a N n•SPRINGFIELD, OREGON 97477 ° m °rte
PHONE; (503) 726-3759 i
NO H t-
WILLAMETTE GREENWAI - APPLICATION TO ESTABLISH SETBACK LINE c z
LOCATION OF PROPERTY t' Id) C S 3
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EXISTING USE OF PROPERTY A -
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DESCRIPTION OF PROPOSAL ���L s'._ ('Z'le y- �ti A
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APPLICANT NAME P 'Itl.l , nil ► I f1, .
ADDRESS i`CI` 0 _ 1.€ham
1 bens . d am
}4 07— PHONE: 7V'—`�_ o
OWNER NAME « L P M An^w 1 ` m a
ti t I
ADDRESS !tif £
PHONE: o y <
THE UNDERSIGNED ACKNOWLEDGES TH. THE INFO'' •TIO IN . HIS APPLICA IION I 1 o °�
CORRECT AND ACCURATE. r
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APPLICANT' SIGNATURE i L i - `^ 1
IF THE APPLICANT IS OTHER THAN THE OWNER, THE OWNER HEREBY GRANTS PERMISSION. g
FOR THE APPLICANT TO ACT IN THEIR .BEHALF. F
OVNER SIGNATURE 2
PLEASE ATTACH THE NAME, ADDRESS, PHONE NUMBER AND SIGNATURE OF ANY ADDITIONAL
z c
PROPERTY OWNER.
• OVER
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' i 2005 3: 31PM Real Estate Developmen 113451181 -p. 3
THE APPLICATION PACKET
A COMPLETE APPLICATION CONSISTS OF:
1. A WRITTEN EXPLANATION OF THE PROPOSAL. 1�1 LL l f'GS
2. SUPPORTIVE FACTS AND FINDINGS. SEE THE ATTACHED GREENWAY SETBACK LINE
AND ZONE CHANGE CRITERIA. 51-fe G'if e*itic Ra2-v is
3. THE FILING FEE-A FILING FEE MUST ACCOMPANY ALL APPLICATIONS.
WG OVERLAY DISTRICT DEVELOPMENT-
CITY LIMITS FEE URBAN GROWTH AREA FEE
Greenway setback line already established $ 785.00(*) • $ 975.00+$600.00 deposit(•)
Greenway Setback line not established . $1,020.00(•) $1,270.00 + $600.00 deposit(")
(")The fee for these applications includes the review of Discretionary Use criteria and does not require
a separate Discretionary Use application.
This application is subject to a separate postage fee of$100.00.
4. A COPY OF A DEED TO SHOW OWNERSHIP.
NOTE: WHEN,AS PART OF THE DEVELOPMENT APPROVAL PROCESS, THE APPLICATION
HAS BEEN CONDITIONED SO THAT THE RECORDATION OF A DOCUMENT IS REQUIRED,
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THE APPLICANT SHALL BE RESPONSIBLE FOR PAYING THE LANE COUNTY RECORDING
FEE FOR ANY SUCH REQUIRED DOCUMENT. DOCUMENTS REQUIRING RECORDATION
INCLUDE BUT ARE NOT LIMITED TO: DEVELOPMENT AGREEMENTS, IMPROVEMENT
AGREEMENTS,DEED RESTRICTIONS,FUTURE DEVELOPMENT PLANS,EASEMENTS, JOINT
USE ACCESS/MAINTENANCE AGREEMENTS AND DEDICATION OF RIGHT-OF-WAY,
BEFORE THE PLANNING COMMISSION OR HEARINGS OFFICIAL CAN APPROVE A
WILLAMETTE GREENWAY REQUEST TO ESTABLISH A SETBACK LINE,THERE MUST BE
INFORMATION SUBMITTED BY THE APPLICANT WHICH ADEQUATELY SUPPORTS THE •
REQUEST. IN REVIEWING A REQUEST, THE CITY MUST CONSIDER BOTH THE POSITIVE
AND NEGATIVE ELEMENTS OF A DISCRETIONARY USE REQUEST. IF INSUFFICIENT OR
UNCLEAR DATA IS SUBMITTED BY THE APPLICANT,THERE IS A GOOD CHANCE THE
REQUEST WILL BE DENIED OR DELAYED. IT IS RECOMMENDED THAT YOU HIRE A
PROFESSIONAL PLANNER OR LAND USE ATTORNEY TO PREPARE YOUR FINDINGS.
REV. 7/96 .
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LAW OFFICE OF BILL KLOOS, PC •
• 576 OLIVE STREET,SUITE 300
OREGON LAND USE LAW EUGENE,OR 97401
• PO BOX 11906
•
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EUGENE,OR 97440
• TEL(541)343-8596
FAX(541)343-8702
E-MAIL BILLKLOOS @LANDUSEOREGON.COM
May 20, 2005
Springfield Dev't Services Dept.
225 Fifth Street
Springfield, OR 97477
Re: Request for Establishment of Greenway Setback Line
Assessor's Map 17-03-34-41
Dear City of Springfield:
Please accept this letter in support of the owner's request for establishment of the Greenway
Setback Line for the property above. This application is filed under Springfield Development
Code (SDC) 25.060. This application is supported by the enclosed: application form; filing fee,
if requested by the City; "Report of Findings: Site Inventory of Natural Features," (May 2005),
prepared by Coyote Creek Environmental Services, Inc., and a map showing the Proposed
Willamette River Greenway Setback for this property.
I. Standards that Apply to this Request:
The standards that the city applies in making this application are listed in SDC 25.060. They are:
(1) Local, regional and State recreational needs shall be provided for consistent with the
carrying capacity of the land. The possibility that public recreation use might disturb
adjacent property shall be considered and minimized to the greatest extent possible.
(2) Adequate public access to the river shall be provided.
(3) Significant fish and wildlife habitats shall be protected.
(4) Identified scenic qualities and view points shall be preserved.
(5) The maintenance of public safety and protection of public and private property,
especially from vandalism and trespass shall be provided for to the maximum extent
practicable.
(6) The natural vegetative fringe along the river shall be enhanced and protected to the
. maximum extent practicable. •
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' Springfield Dev't Services
May 20, 2005 •
Page2of4
(7) The location of known aggregate deposits shall be considered. Aggregate extraction
. may be permitted outside the Greenway Setback Area subject to compliance with State
law, the underlying district and conditions of approval designed to minimize adverse
effects on water quality,fish and wildlife, vegetation, bank stabilization, stream flow,
visual quality, quiet and safety and to guarantee reclamation.
•
(8) Developments shall be directed away from the river to the greatest possible degree;
provided, however, lands committed to urban uses shall be permitted to continue as
urban uses, including port, public, industrial, commercial and residential uses, uses
pertaining to navigational requirements, water and land access needs and related
facilities. .
Among these standards, item (8) seems inapplicable in the context of a simple establishment of
the setback line, outside of the context of a development proposal. No development approval is
requested at this time. Therefore, item (8) does not apply.
Q. Summary of Request:
Based on all the application materials, the request being made of the City is to establish the
Greenway Setback Line on this property, as provided for in SDC 25.060. The owner understands
that the City, under the standards above, has some discretion in where to draw the line. Some of
the eight factors above are legal standards, some are policy standards, and some are factual
standards. This application focuses on the standards that are of a legal or factual character.
The owner is suggesting an appropriate Greenway Setback Line. It is shown on the enclosed
map prepared by Coyote Creek Environmental Services, Inc. The owner proposes drawing the
line at the documented "Riparian Edge." •
Discussion of Decision Standards:
The standards that are factual in nature, that is, they deal primarily with the natural resources that
are on the ground and in the river, are addressed in the enclosed report by Coyote Creek
Environmental Services. These standards, from the list quoted above, are:
(3) Significant fish and wildlife habitats shall be protected.
(4) Identified scenic qualities and view points shall be preserved. •
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(6) The natural vegetative fringe along the river shall be enhanced and protected to the
maximum extent practicable.
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Springfield Dev't Services • •
May 20, 2005
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Page 3 of 4
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The remainder of the relevant standards will be addressed in Part TUB. below.
A. Discussion of Natural-Features Standards. .
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The enclosed Coyote Creek Environmental Services report addresses, in great detail, the facts
relevant to the natural features standards, which are items (3), (4) and (6) in list above. Based on
that report, the owner recommends drawing the line at the "Riparian Edge," as mapped in the
enclosed materials.
B. Discussion of•Other Standards.
•
(1) Local, regional and State recreational needs shall be provided for consistent with the
carrying capacity of the land. The possibility that public recreation use might disturb
adjacent property shall be considered and minimized to•the greatest extent possible.
• The applicable functional plan for recreation is the "Willamalane Park and Recreation Plan"
(2004), which is an element of the Metro Area General Plan. The park plan does not designate
any portion of the subject property for park use. The park plan identifies the need for"Special
Use Parks" within the park district. See page 32. Table 5 in the park plan proposes a"Glenwood
Riverfront Park." The "action"proposal in Table 5 says: "Pursue acquisition and development
of a multiuse riverfront park in the Glenwood area." See page 52, item 5.3. This proposal is •
reflected on Map 2 in the park plan: "Existing and Proposed Park and Recreation Resources."
What can be gleaned from park plan, is that Willamalane anticipates acquiring and developing a
riverfront park in the Glenwood area. The proposal is not site-specific. More significantly, the
proposed establishment of the boundary line has not direct bearing on implementation of the
parks plan. The district's options for negotiating for park land purchase, on this site or any other
site in the Glenwood area, remain unchanged in connection with this application.
(2) Adequate public access to the river shall be provided.
How much public access to the river at a given location is "adequate" is inherently a policy
question. The City needs to make this determination, as to nature and scope of the access, and •
then implement that decision through legal means. The most straightforward approach to
• providing public access is to purchase the access. The dominant indirect approach is to exact the
public access in connection with discretionary approval of a development proposal that creates
impacts. That is the "Dolan " avenue.
The context for this decision is the determination of a line, not the approval of any development.
There is presently no public access to the river on the subject property. Where the boundary line
is set has no direct impact on the provision of public access. Regardless of what the City
determines in the future to be the appropriate nature and scope of public access to the river on
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' Springfield Dev't Services
May 20, 2005
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Page4of4
this property, the necessary real property can be acquired on the site, as no development is -
proposed at this juncture.
(5) The maintenance of public safety and protection of public and private property,
especially from vandalism and trespass shall be provided for to the maximum extent
practicable.•
The proposed Greenway Setback Line is consistent with this factor.
(7) The location of known aggregate deposits shall be considered. Aggregate extraction
may be permitted outside the Greenway Setback Area subject to compliance with State
law, the underlying district and conditions of approval designed to minimize adverse
effects on water quality,fish and wildlife, vegetation, bank stabilization, stream flow,
visual quality, quiet and safety and to guarantee reclamation.
This factor is not directly applicable to this request, as the site is not an any acknowledged
aggregate inventory.
(8) Developments shall be directed away from the river to the greatest possible degree;
provided, however, lands committed to urban uses shall be permitted to continue as
urban uses, including port, public, industrial, commercial and residential uses, uses
pertaining to navigational requirements, water and land access needs and related
facilities.
As discussed above, this factor is not applicable to this request, because no development is
proposed at this time.
The applicant looks forward to working with the staff in the processing of this application.
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Sinc-
�a ( �
Bill was /
Encl. Application Form
• Filing Fee, if Applicable
"Report of Findings: Site Inventory of Natural Features," (May 2005), prepared by
Coyote Creek Environmental Services, Inc.
Map: Proposed Willamette River Greenway Setback
C: w/o encl.
Philip Marvin
Michael Shippey
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OB,a, Postal Q- Lt-
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O Sent To
o ODOT - Attention: Tom Boyatt
r` S(mer.AptWo.; 644 r"A" Street
or PO Bar No.
CM pri g °field, Oregon 97477
PS Form 3800 June 2002
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City of Springfield
Planning Division
225 Fifth Street
Springfield, Oregon 97477 •
Attention Susanna Julber
1.-7-744€7t 11111.1v..1,41,11mllrtll:LIMI ti:6.d11.1„I,Lrll 1
SENDER:COMPLETE THIS SECTION Yom, COMPLETE THIS SECTION ON DELIVERY , '.�
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.PS Form 3811,February 2004 DomestIc Return Receipt 102595-02-M-1540
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