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HomeMy WebLinkAboutNotice PLANNER 1/8/2004 i - . \ NOT-IGE-QF-DECISION - LIMITED LAND USE - PARTITION (i) - 5Z0 < \\I\~' " \ \ '\ ' \ ~ \~.. C/J'ftV ~ h . ~ ~ '~~ ~~ f\p ~~ ;1 CITY OF SPRINGFIELD DEVELOPMENT SERVICES DEPARTMENT 225 FIFTH STREET SPRINGFIELD, OR 97477 541 726-3753 '2.-6~ Z - ~ J sl-1k/40 , \ ~h~ ~ if' -roURNAL NUMBER ~ ~l>-':;;: t.. ASSOCIATED JOURNALS SUB2003-00053 ~..~1'1 ~ ZON2003-00041 'cl~c6 ~:::I 2001-03-0066 l... idl\ ~ - APPLICANT'S REPRESENT A TIVE Steve Jokmen 7 z,{g - to 7 2/ 4866 Mam Street Spnngfield, Or 97478 DATE OF LETTER: January 8, 2004 APPLICANT Tern Vaughn 4866 Mam Street Spnngfield, Or 97478 PROPERTY OWNER HabItat For Humanity P. O. Box 488 Z'- Z 3 ~o3------ Spnngfield, Or 97~-- '.1 P ~ st-~-.Q.... ~l if_Co \) -/...1......-- I \ 0'1t~ 4-l" ?t:..-l \ol..\~J \ ~ ~tP\d J::/~~ DifJ I h.c~.-!~ ~lD l~c\- d~h&L X "i f:, K DECISION (~~J-U~ ~ -. j~ ' ~" TentatIve Partition Approval, with conditions, as of the date OfthIS lettef. c:;.. C v /CJy..., / ~60 6~IJ ~~~ Q OTHER USES AUTHORIZED BY THIS LETTER: J' \), l ,;4. , None. 0 theY< ~ ' PROPERTY OWNER Tern Vaughn 4866 Mam Street Spnngfield, Or 97478 SURVEYOR Krush and AssocIates 54 Centenmal Loop Eugene, Oregon 97401 SITE INFORMATIO~ AND BACKGROUND: ~ The applIcant/owners r~quest that Tax Lot 300 be partItIoned mfo three legal parcels for development. The tax lot has already been re-numbered by Lane County Assessor's Office for taxmg purposes wIth the account numbers, 300, 302, and 303; however, re- numbering for taxmg purposes does not constituted a legal dIvIsIOn for development. The 1 8 acre parcel is id'entIfied on Assessor's Map 17-02-32-41 as T'ax Lot 300, Tax Lot 302, and Tax Lot 303. For purposes ~fthis report, however, the entIre parcel shall be referred to as Tax Lot 300 because the parent parcells number Tax Lot 300. Tax Lot 300 is approxImately 173' WIde and extends northward from Mam Street approxImately 460'. Th~ lot is flat; developed with one, smgle-family residential umt; landscapmg surrounding the dwellIng umt; 3 mature trees larger that 5" dbh, and several smaller clusters of trees; and, a large grassy field behmd the dwellIng umt The parcellS wlthm the Springfield CIty lImIts. ApprOXImately 200' of the front portion of the parcel IS zoned Community CommercIal and the rear portIOn IS zoned MedIUm Density ReSIdentIal. The parcel IS deSIgnated CommercIal/MIxed Use and Medium DensIty ResidentIal on the Metro Plan Dzagram In the East Main Refinement Plan It is deSIgnated MIxed-Use CommercIal/High or MedIUm DensIty ReSIdentIal. The property to the east IS zoned Commumty CommerCIal and the property to the west IS zoned HIgh DensIty ResidentIal. The parcel has approxImately 173' of frontage along the north side of Main Street WIth two curb cuts. "A" Street dead-ends mto the easterly property Ime of the parcel approximately 320 feet north of Mam Street Mam Street Tax Lot 300 2 EXPLANATION OF THE NATURE OF THE APPLICATION: On November 13,2003, property owner, Ten Vaughn, submItted PartItIOn ApplIcatIon SUB2003-00053 Vaughn and HabItat For HumamtIes own the property. The applIcant wIshes to dIVIde Tax Lot 300 Into three parcels Parcel # I, will have approxImately 173' of frontage along Main Street and will be approxImately 98' deep. Parcel #2 wIll share a JOInt use/access dnveway WIth proposed Parcel #1 from Main Street to the eXIstIng dwellIng umt and wIll be approxImately 214' deep. Both proposed Parcel #1 & #2 are designated MIxed-Use Community CommercIal WIth a HIgh or MedIUm DensIty in the East Mam Refinement Plan. Proposed Parcel #3 will have access from "A" Street and wIll be approxImately 247' deep. It IS deSIgnated Medium Density ResIdential in East Mam Refinement Plan. HabItat For Humamty proposes to develop Parcel #3. WRITTEN COMMENTS: LImIted Land Use Decisions reqUIre the notIficatIOn of property owners and occupants WIthin 100' of the proposed development allOWIng for a 14-day comment penod pnor to the staff deCISIOn No wntten comments were receIved by staff from the surroundIng property owners or occupants. CRITERIA OF APPROVAL: Section 34.050 of the Springfield Development Code states that the Director shall approve, approve with conditions or deny the request based on the following criteria: The applIcant proposes three parcels. Proposed Parcel #1 shall be approxImately 17,000 square feet WIth 173' of street frontage along MaIn Street. Proposed Parcel #2 shall be approximately 20,000 square feet WIth a Joint use/access agreement via A Street. Proposed Parcel #3 shall be approxImately .98 acres WIth 50' of street frontage along A Street. Finding #1: Proposed Parcels 1 & 2 are both zoned Communzty Commerczal and deSIgnated MIxed-Use Community Comnzerczal m the East Main Refinement Plan. SDC18.030 states that the minzmum lot SIze m all commercial dIStrzctS shall be 6,000 squarefeet Proposed Parcels 1 & 2 are 17,000 and 20,000 squarefeet The applicant dId not prOVIde perimeter legal descrzptions for the proposed parcels nor was there a single meets and bounds descrzptIOn of the entIre Tax Lot 300 The title report submIttal was for two separate ownershIps and the submitted legal descrzptIOn was of 3 separate parcels that do not correspond to the proposal. . Condition #1. Prior to Final Plat Approval, the appllcant shall prOVIde an exact perzmeter legal descrzptIOn and dimenSIOned descrzptions showmg the exact boundaries of all three proposed parcels 3 Finding #2' SDC 18.030 states that lots zn a commercial dIStrzCt shall have a mI11lmUm of 50 feet of street fi"ontage ExceptIOn to these standards may be allowed if access has been guaranteed Via a private street or drzveway by an Irrevocable joznt use/access agreement As orzginally proposed by the applzcant, Parcel #2 would be a commercially zoned parcel taking access from A Street VIa a joznt use/access drzveway over p,:oposed Parcel #3, which is zoned for residential use Commercial traffic ji-om proposed Parcel #2 passzng through Parcel #3 would have an adverse zmpact on Parcel #3 reszdential use In addItIOn, A Str~et zs only 28' wide and serves a completely reszdential nezghborhood. Routzng commercial traffic over this narrow street would be zncompatible wzth zts intended function and would have an adverse llnpact on the adjacent reszdential nezghborhood as well. If the applzcant wishes proposed Parcel #2 to take access fi'om A Street, a Refinement Plan Amendment approval would be requzred to change the zone deszgnatlOn to resIdential and a Zone Change approval would be requzred to change the zonzng to residential . Condition #2: Approval of an East Mazn Street Refinement Plan Amendment and a Zone Change shall be requIred to change the zonzng deszgnatlOn of proposed Parcel #2from Mzxed-Use Community Commercial to resIdential use if the applzcant wishes Parcel #2 to have an approved access Via A Street I Finding #3: Proposed Parcels #1 & #2 are zoned CC and designated Mzxed-Use Commercial/ResIdential zn the East Mazn Street Refinement Plan Diagram; therefore, they both must have an approved access of 50 feet or an zrrevocable joznt use/access agreement as stated in SDC 18.030 Proposed Parcel #1 & #2 must have a mi11lmum 24' WIde, two-way private drzveway onto Mazn Street, which wzll be guaranteed by an Irrevocable joint use/access agreement. Thzs drzveway must also provide fire apparatus access fi"om Mazn Stree~ across proposed Parcel #1 to proposed Parcel #2. . Condition #3: PrIOr to Fznal Plat Approval, proposed Parcel #2 shall enter into an zrrevocablejoint use/access agreement wIth Proposed Parcel #1, which shall provide a mznimum 24' wzde, two-way Mazn Street access for both commercially zoned parcels . Condition #4: Prior to Final Plat Approval the applzcant shall prOVIde a fire access road to P,"oposed Parcel #2, whzch has an unobstructed WIdth of not less than 20 feet and an unobstructed vehIcle clearance of not less than 13 feet 6 znches. The access road shall support an 80,000 pound load and be an all- weather surface as required by SUFC 9022.22 Szgns or curb markzngs shall be posted zn the fire apparatus access road statzng "no Parking zn FIre Lane" as required by SUFC 901.4.5. The tur11lng radIus of the fire apparatus access road shall be a mznllnum of 20 feet as required by SUFC 902.2 2 3 and also provzde a fire department apparatus turn-around as requIred by SUFC 9022.2.4 Finding #4: Main Stre~t IS a five-lane arterial street and is part of the state highway system underjurisdIction of the Oregon Department of Transportation (ODOT) ODOT has stated that a new permit will not be reqUIred for the existing Main Street access approach to the single-f(fmzly dwelling unIt, which IS located on the westerly edge of the sIte. ODOT, however, has advised the applicant that a new permIt shall be required if 4 there IS a change of use on proposed Parcel #2 such as zncreased resIdentIal densIty or commercIal development Finding #5: PartItIOning of the property as proposed would generate no addItIOnal trzps onto the CIty'S street system, however, future development o{ the parcels may requIre an Impact analysIs zn accordance with SDC 32.020(1)( c). Finding #6: In order to provide for approprzate short-term and long-term access Fom Mazn Street for both proposed Parcels #1 & #2, ODOT has requested that the Mal1l Street curb cut on the easterly edge of the sIte be closed As specIfied zn SDC 32.080(1)(a), the applzcable zonzng and overlay dlstrzct ArtIcles, and the applicable refinement plans, ingress-egress poznts shall be planned to facllztate traffic and pedestrzan safety, avoId congestIOn and to mznimlze curb cuts onto publIC streets Contact Jeffrey Lange at ODOT for znformatlOn pertaining to an ODOT miscellaneous permit {or closing the easterly curb cut. . Condition #5: PrIOr to Fznal Plat Approval an ODOT MIscellaneous PermIt shall be approved and the easterly Mazn Street curb cut on proposed Parcel #1 shall be closed Finding #7: SDCJ6.030 states that the mznlmum lot size in all resIdential dlstrzcts shall be 4,500 square {eet and a mznimum lot fi'ontage of 45 feet zjthe lot is located on an east- west street. Proposed Parcel #3 is zoned MedIum DensIty Residentzal and designated Medium Density ResIdential zn the East Mazn Refinement Plan Diagram Proposed Parcel #3 contazns over 44,000 square {eet and has 50' of fi'ontage along A Street The street is constructed as a 28' WIde local street within a 50' rzght-o.fway. It is {ully improved to urban standards zncludzng pavzng, curb/gutter, SIdewalks and street lzghtzng. It abuts proposed Parcel #3 and IS an acceptable access for the parcel. Finding #8: A Street dead ends into the easterly property lzne o{proposed Parcel #3; therefore, an approved fire department apparatus turn-around as descrzbed in SUFC 902 2.4. shall be provided zn conjunctIOn wzth the approved access to the parcel . Condition #6: Prior to Final Plat Approval the Final Plat plan shall show prOVIsions {or an approved fire department apparatus turn-around as reqUIred by SUFC 902.22.4. Contact FIre Marshal Gzlbert Gordonfor reqUIred dImensIOnal details. ~la'J';E~"~~~2A:~Pll~Vlfl?<{2J .It The apphcant proposes that Parcel #1 will be used for MIxed-Use CommercIal/High DenSIty ResidentIal; Parcel #2 wIll be left as It IS WIth the smgle-famIly dwelhng, but there is the future option for High Density ReSIdentIal and MIxed-Use Commercial; and, Parcel #3 will be used by Habitat For Humanity for MedIUm Density ResidentIal. 5 i Finding #9: The Metro" Plan Dzagram designates the first 200 feet of the northerly portLOn of Tax Lot 300 Co mmercza 1/ Mixed-Use Medium Denslfy Residentzal and the remmnder of the parcel!is designated MedLUm Denslfy Residential The refinement plan designatLOns of the East:.Mal11 Refinement Plan is also Mixed-Use Commerczal/Hlgh or MedLUm Density on the first 200 feet pom Mal11 Street and the rear of the parcel is designated Medium Density Reside/ilial. I, The onginal proposal mcluded closmg both accesses to Mam Street and Parcel #2 and #3 would take access via A' Street. However, after discussIOns WIth ODOT and the CIty traffic engmeers, the applIcant modIfied the proposal to contmue use of the eXIstmg Main Street dnveway for the Mixed-Use CommerCIal portIOn because they did not want to apply for a zone change 'to Medium DensIty ReSIdentIal. Both a Refinement Plan Amendment and a Zone:, Change approval would be reqUIred order in to have access for I proposed Parcel #2 VIa A Street. Finding #10: SDC 34.070 states that to the extent necessmy to satiSfY the cntena of Section 34.050 of this Article, to conlply With all applzcable standards of this code, and, to mltigate identified negative l1npacts to surroundlI1g properties that the Director shall impose condltions of approval, which shall be satisfied prLOr to PartltLOn Plat approval SDC 34.070(1) states th~t easements as speCified in Section 32. 120(5)Public and Private Easements shall be prOVided when necessmy to facilitate serVices, l11cludl11g but not limited to sa11ltmy sewers, stormwater management, water and electrzcity to the slte and neighbonng properties I Finding #11: SUB has stated that the existing house located on proposed Parcel #2 will require a private overhead easement for the eXistl11g overhead power service {i'om Main Street unless the serVice is proposed to go underground The applzcant has advised staff that the serVice Will be p.laced underground Finding #12: SUB has required a 7' wide PUE along the entire 174' Mal11 Street pontage of proposed Parcel #1. . Condition #7: Pnor to Fl11al Plat Approval the applzcant shall dedicate a 7' wide PUE along:'l~e Main Street frontage of proposed Parcel #1 \' Finding #13: The applir;ant's plan shows an 8 "Main Street water 1111e and a 10" A Street water l~ne. SUB has advised the applzcant that Mal11 Street is scheduled for re- paVl11g 111 2005 and additLOnal water serVice pom the 8" Mal11 Street water 1111e to serve proposed Parcel #2 will'not be available for a minunum of ten years after the re-paving project; consequently, the applicant must select a water route vza Parcel #1 or Parcel #3 6 for proposed Parcel #2 qnd then provide a przvate easement across that parcel to faczlltate the future COll/iectlOn . Condition #8: p,rzor to Final Plat Approval, the applzcant shall propose access for water servlc~ for Parcel #2 and provIde a przvate easement for that access across the neighborzng parcel. Finding #14: The applrcant has shown a przvate 5' wIde utllzty easement along the westerly property line, which contains utllzty lmes to proposed Parcel #2 across proposed Parcel #1 fi'om Mam Street Northwest Natural Gas provides serVIce VIa thIS easement to proposed Pcp'cel #2 The easement shall be mamtamed for thIs lme The applzcant must contact the marketmg staff at Northwest Natural Gas to coordinate extenslOn of gas facllztle.s to serve proposed Parcels #1 & #3. Finding #15: The applzcant 's proposal to extend sanztmy sewer stubs to proposed Parcels #1 & #2 from the 6" lme to the east of the sIte and to extend a sanztmy sewer stub to proposed Parcel #3 from the 8" lme located m A Street IS satlsfact01Y; however, there are dlscrepancies between the sanztmy pipes shown (n the Stormwater Analysis report, which are located on proposed Parcel #2 and the tax lot to the east and what IS shown on the PartItion tentatIve plan The stubs must be extended to the appropriate property lines as part of partition approval . Condition #9: Prior to Fmal Plat Approval sanitmy sewer stubs shall be extended to each11parcel as proposed on the Tentative Plan Finding #16: The applzcant proposes to connect the existmg dwelling unit to the 6" sanitmy lme to the east and to then dlscontmue use of the septic system . Condition #10: PrIOr to Fmal Plat Approval the eXlstmg septic system use for proposed Parcell #2 shall be discontinued and the dwellmg unzt shall be connected to CzfJ: sanztary service via a 6" line as proposed on the TentatIve PartItIOn. 7 As prevIOusly stated the applIcant ongmally proposed closmg both Mam Street accesses; they proposed access for Parcel #2 and #3 Vla A Street and OOOT advlsed that a new penmt would be reqUlred for Mam Street access when Parcel #1 was ready for development. A second proposal was submltted to contmue Mam Street access for Parcel #2 and to create a Joint use/access dnveway onto Mam Street for both Parcel #2 and Parcel #1 because they dld not wlsh to request a Zone Change and a Refinement Plan Ammendment for Parcel #2 m order to take access from the resldential A Street. Finding #17 . As prevIOusly stated, Mam Street IS a state highway under ODOT jUrisdictIOn ODOT has required as noted m Condlflon #5 that the easterly Mam Street curb cut to be closed and the proposed Parcel # 1 will share an access with proposed Parcel #2 Via the use of the eXlstmg wester~y Mam Street access driveway ConditIOn #3 requires an Irrevocable jomt use/access agreement between proposed Parcels #1 and #2 for Mam Street access for the Mixed-use Commercial portIOn of the parcel Fmdmg #7 describes the acceptable A Street access for proposed medIUm density residential Parcel #3 onto a local residential street Finding #18: The lot is not wltlun a zone of contribution [or Sprmgfield's wellhead protection program, nor are there any watercourses shown on the WQL W Map, which pertain to tlus lot Finding #19: There are two walnut trees and one hemlock tree over 5" dbh and several clusters of smaller trees on the site, which are not aSSOCiated with any riparian area or wetlands The applIcant's submlttal shows stonn drainage to be routed through a 12" stonn sewer plpe and discharged into an existmg 12" stonn sewer plpe located on 491h Street. -/? Finding #20: The applicant's submittal and the plans shown m the Stormwater Analysis differ in regards to stormwater drainage, the locatIOns of the pipes do not match. The 8 stormwater analysis accepted fi'om Branch Engineenng shows stormwater pipes located on proposed Parcel #2, wluch do not appear on the Partztwn Tentative plan set In addztzqn, page 2 of the Partawn Tentative plan set states m note #10 that all stormwater for the three proposed parcels wrll dram to the 12" storm sewer lme located on proposed Parcel #2; however, tlus 12" lme is not shown on the plan set Finding #21 : The apphcant 's stormwater analysis subzmtfal has been peljormed usmg a Mannmg 's N value 010. 011 for the PVC pipes The analysis must be based on a value of 0 013 to be consistent With Sectwn 4 04 D of the Cay's Engmeering Design Standards and Procedures Manual (EDSPM). . Condition 11: Prior to Fmal Plat Approval the apphcant shall reVise the plan set to show the proper locations of the stormwater pipes, which demonstrate comphance with: the Clfy's Storm Water Quahty and CapaCity requirements as desCribed m the EDSPM Sae drainage shall drmfJ to an approved dramage way with sufficient capaclfy to accept the discharge. Surroundmg property drainage, which drams onto the newly developed property shall be mC01porated mto the grading and dramage plan Finding #22: After reviewmg the upstream system of hydrology and hydraulzcs, the City has determmed that thel:e is not an avmlable capaclfy to discharge stormwater to 491" Street without the use of detentwn facilities. . Condition #12: :'There is not an avarlable capaCity to discharge the parcel's stormwater to the 491" Street storm system unless an approved detentwn {acihty is prOVided Finding #23: There is a 42" stormwater pipe located in Mam Street, which is under the JUrisdictwn of ODOT I{ the applicant proposes to use thiS system {or dischargmg stormwater, approval fi'om ODOT wrll be required The applIcant/owners p\opose partItIOn of Tax Lot 300 into three parcels. Finding #24: The proposal to partitwn one lot into three parcels and the conditwns listed herem provzde proviswns for lot size and access, which facrlitate the development of the entire lot m accordance wlfh the proviswns of this code 9 Finding #25: Adjacent land zs already developed and has an approved accesses that wzll facilztate any future development In accordance wzth the prOVZSlOns of thzs code FEES AND PERMITS: Systems Development Charge: Systems Development Charges (SDC's) wIll apply to the construction ofbUIldmgs and sIte Improvements wlthm the subject sIte. The charges are based upon the rates' in effect at the time of penmt sublmttal for bUIldmgs or sIte Improvements on each portIOn or phase of the development. The cost relates to the amount of mcrease m impervIOus surface area, transportatIOn trip'rate, and plumbing fixture umts. Sanitary Sewer In-Lie~-Of-Assessment Charge: Samtary Sewer In-Lieu-Of- Assessment charges m addItion to the regular connectIon fees If property or portIOns of the property bemg developed have not previously been assessed or otherwise participated m the cost of a publIc samtary sewer may apply. Contact the Engmeenng DIVISIOn to detenpine if any apply as per Ordmance No. 5584. Encroachment Permit or Sewer Hookup Permit: Workmg WIthin nght-of-way or publIc easements WIll reqUIre a penmt. The current rate IS $120 00 for processing plus applIcable fees and deposits. An Encroachment PermIt and ODOT facilities permit shall be reqUIred for the stomlwater dram age system. Land & Drainage Alteration Permits may apply. Contact the Spnngfield Planning, Development ServIced Department for the appropnate applicatIOns. City Permit Project: A City PermIt Project shall be reqUIred for the samtary sewer extension as proposed. ADDITIONAL INFORMATION: The applicatIOn, all documents and evidence relIed upon by the applicant and the applicable cntena of approval are available for a free inspectIOn and copies will be avaIlable at a cost of$O 75 for the first page and $0.50 for each addItional page at the Development ServIces Department, 225 FIfth Street, Spnngfield, Oregon. APPEAL: If you wish to appeal this Type II PartItIon deciSIOn, your appeal must be m accordance with the Spnngfield Development Code, Article 15, APPEALS. Appeals must be submitted on a CIty fonn and a fee of $250.00 must be patd to the CIty at the time of submIttal. The fee WIll be retumed to the appellant Ifthe Planning CommIssIOn approves the appeal applicatIOn. In accordance with SDC 15.020, whIch provides for a 10 day appeal penod and Oregon Rules of Civil Procedures, Ru,le 10 ( c ) for service of notIce by mall, the appeal penod for this decision expires at 5:00 p.m. on January 20,2004. You may contact planner, Kltti Gale m the Development ServIces Department at 726-3632 If you have any questIOns regarding this process. 10