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HomeMy WebLinkAboutPermit Miscellaneous 1997-10-24 ,; . . ~1J CITY OF SPRINGFIELD DEVEWPMENT SERVICES DEPARTMENT 225 FIFTH STREET SPRINGFIELD, OREGON 97477 (541) 726-3759 NOTICE OF DECISION - LIMITED LAND USE - PARTITION - TENTATIVE PLAN DATE JOURNAL NUMBER 4~ ~ October 24, t997 97-08-190 APPLICANT LAND SURVEYOR Bill McCabe McCabe Investments, Limited Partnership 1200 Gateway Loop Springfield, OR 97477 Doon E. Stemm Schaudt, Stem & Wilde 1205 Oak Street Eugene, OR 97401 PROPERTY OWNER DEVEWPER Same J.C. Oil Co., A Franchisee of Oil Can Henry's P.O. Box 27 Walterville, OR 97489 EXPLANATION OF THE NATURE OF THE APPLICATION Bill McCabe, representing McCabe Investments, has submitted an application to the City of Springfield for a Partition. The intent is to divide Parcel 3 of Land Partition No. 94-P0453 (Jo. No. 93-09-148) to create two parcels. Parcel I, is shown 0.53 acres in size, and is occupied by the existing Grocery Cart store (Jo. No. 93-06-097); Parcel 2, is shown to be 0.42 acres in size, and is proposed to be occupied by Oil Can Henry's lube/oil facility (Jo. No. 97- 03-048), which is being reviewed concurrently. WCATION OF PROPERTY The property is located at the northwest comer of Harlow Road and Game Fann Road South (Assessor's Map# 17- 03-22-00, Tax Lot 2703). This request is within Springfield's city limits. DECISION Tentative Plan approval, with conditions, as of the date of this letter. OTHER USES THAT MAY BE AUTHORIZED BY THE DECISION None. . . .... Page 2 Jo. No. 97-08-190 BACKGROUND/SITE INFORMATION The property is cUrrently occupied with a convenience store, is mostly paved, and is flat. Tax Lot 2703 was created by Land Partition Plat Number 94-P0453 (Parcel 3) in 1994. The following streets or properties border the property: on the north - vacant property (parcel 2 of Land Partition No. 94-P045) zoned and designated Community Commercial (CC); on the east - Game fann Road South; on the west - a day care center on property zoned and designated CC; and on the south - Harlow Road. WRITIEN COMMENTS Limited Land Use Decisions require the notification of y.uy...) owners/occupants within 300 feet of the proposed development allowing for a 14-day comment period before the staff decision. No written comments were submitted. ~RITERIA OF APPROVAL SDC 34.050 states: "THE DIRECTOR SHALL APPROVE, APPROVE WITH CONDITIONS OR DENY THE REQUEST BASED UPON THE FOLLOWING CRITERIA: (I) THE REQUEST AS CONDITIONED FULLY CONFORMS WITH THE REQUIREMENT OF THIS CODE PERTAINING TO: LOT SIZE AND DIMENSIONS, THE EFFICIENT PROVISION OF PUBLIC FACILITIES AND SERVICES, STREET IMPROVEMENTS AND CONSIDERATION OF NATURAL FEA TURES. " Lot Size and Dimensions SDC 18.030 states: "The minimum lot size in all commercial districts shall be 6,000 square feet with a minimum of 50 feet of street frontage." The plan submitted shows that Parcell contains 22,957.5 square feet with a street frontage of 138+ feet on Harlow Road and 132+ feet on Game fann Road South. Parcel 2 contains 18,320.7 square feet and a street frontage of 120.7 feet on Harlow Road. Both proposed parcels exceed the standards ofSDC 18.030. Finding: Because both proposed parcels exceed the lot size and dimension standards ofSDC 18.030, this application complies with this portion of criterion (I). Solar Standards SDC 34.010 (3)(a) states that solar access standards "...apply to all land divisions in the LDR and MDR Districts...." The subject Y' ..yo,.J is zoned CC. The property to the north is also zoned CC. The solar design standards do not apply due to the CC zoning of the property. Finding: Because both parcels and the property to the north are zoned CC, this portion of criterion (I) does not apply to this application. ,. . . Page 3 Jo. No. 97-08-190 Publio faollitles and Servke~ Water SDC 32.120 states: "Eaob development area sball be provided wltb a water system baving suffidently sized mains and lesser lines to furnisb adequate supply to tbe development. Fire bydrants and mains shall be Installed by the developer as required by tbe Fire Manballand tbe utility provider." The Springfield Utility Board (SUB) serves Ibis area. Contact Ken Cerotsky (746-8451) iflbere are any questions. There is water service to Ibe existing building. Please refer to Ibe original letter prepared by Mr. Cerotsky dated September 25, 1997 for Ibe amended Type II Site Plan for Oil Can Henry's (10. No. 97-03-048). Finding: Because water service can be provided to serve Ibe proposed parcels, Ibis application, as conditioned, complies wilb Ibis portion of criterion (I). Condition: Compliance wilb all items listed in Ibe letter prepared by Mr. Cerotsky dated September 25, 1997. Please respond in writing. Eledridtv SDC 32.120(2) states: "Wbenever possible, all utility lines shall be placed und~rground...." This area is served by SUB. Contact Ed Head (746-8451) for additional information. Electricity is available to serve Ibe proposed building from a pole 110 feet east oflbe soulbwest corner oflbe property. Finding: Because electric service is available to Ibe proposed parcels, Ibis application complies wilb Ibis portion of criterion (I). Sanitarv Sewer SDC 32.100(1) states: .....sanitary sewen sball be Installed to serve eaoh new development and to conned developments to new mains. Installation of sanitary sewen shall oomply with the provisions of tbis oode, the Standard Construdion Specifications, Cbapter 2 of the City Code, and Department of Environmental Quality (DEQ) regulations...." Sanitary sewer service for Ibe site is shown as a connection to Ibe existing 8" public sanitary sewer along Ibe north property line. NOTE: The plan submitted shows Ibis line to be 6"; City records show Ibis line to be 8". The specific details relating to connection to Ibe public sanitary sewer are found in Ibe Type 11 Site Plan application (Jo. No. 97-03-048). Contact Ken Vogeney oflbe City's Engineering Division (726-3688) and Lome Pleger oflbe Building Division (726-3669). Finding: Because Ibe existing public sanitary sewer can be provided to serve Ibis .. ~.~"J" as conditioned, Ibis application complies wilb Ibis portion of criterion (I). Condition: The surveyor must verify Ibe size and location of Ibe public sanitary sewer line to Ibe north in writing. . . .... Page 4 97-08-190 Storm Draioape SDC 32.100(1) states: "The Approval Authority shall grant development approval only where adequate provisions for storm and flood water run-ofT to the City's storm drainage system have been made as determined by the City Engineer. The storm water system shall be separated from any sanitary sewer system...." While the specific details relating to connection to the public sanitary sewer are found in the Type II Site Plan application (Jo. No. 97-03-048), the plan submitted for this application incorrectly shows the public storm drain system. There is no storm drain on the northerly side of Harlow Road across the frontage of Parcel 2. On the other hand, an existing public storm drain along the westerly side of game farm Road South, which connects the two catch basins depicted and continues northerly, is not shown on the plan submitted. The surveyor must verifY the size and location of the storm drain lines. Contact Ken Vogeney of the City's Engineering Division (726-3688). Finding: Because the existing public storm sewer can be provided to serve this property, as conditioned, this application complies with this portion of criterion (I). Condition: The surveyor must verifY the size and location of the public storm sewer line along Game Farm Road South in writing. Public Utilitv Easements and Private Easements SDC 32.120(5) states: "An applicant proposing a development shall make arrangements with the City and each utility provider for the dedication of utility easements necessary to fully service the development. The standard width for public utility easements adjacent to street rigbts-of-way shall be 7 feet. The minimum width for all other public utility easements shall be 10 feet unless otherwise specified by the utility provider of the City Engineer...." SDC 34.070(2) gives staff authority to require public utility easements as a condition of.approval of this request. NOTE: The plan submitted shows an existing public sanitary sewer line on Parcel 2 of Land Partition 94- P0453which is located outside of any public utility easement. Although this public line is outside of the boundary of this application, the property owner of parcels 2 and 3 of Land Partition 94-P0453 is the same. This situation should be remedied. Private easements and agreements are required for the following site features: joint access (two documents _ one for each driveway); parlcing; maintenance; sanitary sewer service; and drainage. In addition, since the west wall of the Grocery Cart building will be on the new ..0..../ line, a 10 foot-wide open space easement is required along the west building wall for the entire length of the Grocery Cart store. Finding: Because there is a need to serve both parcels with right of entry/exit and various utilities, easements, both public and private are required. This application, as conditioned, complies with this portion of criterion (1). " . . Page 5 97-08-190 Conditions: Show the following infonnation on the Partition Plat: 1. All public and private easements, existing and required. 2. Submit a copy of a recorded irrevocable joint use ingress-egresslmaintenance easement for both the east and south Goint use) driveways and the open space easement. Street DedicationlImnrovements Both of the streets listed below are within the jurisdiction of Lane County. Game Farm Road South - Existinl! Conditions SDC 32.020(4) lists arterial and collector streets within Springfield's urban service area. Game Fann Road South is listed as a minor arterial. Game Fann Road South is fully improved along the frontage of the ~'u~u..l. Game Farm Road South - Imnrovement Needs No additional dedication of right-of-way or improvements is required for Game Fann Road South as part of this application. Harlow Road - Existinl! Conditions SDC 32.020(4) lists arterial and collector streets within Springfield's urban service area. Harlow Road is listed as a minor arterial. Harlow Road is fully improved along the frontage of the property. Harlow Road -Imnrovement Needs No additional dedication of right-of-way or improvements is required for Harlow Road as part of this application. Finding: Because Game Fann Road South and Harlow Road are fully improved and no additional right-of-way or improvements are required. This application, as conditioned, complies with this portion of criterion (I). Condition: A Lane County Facility Penn it is required for any construction within public rights-of-way under Lane County jurisdiction. Consideration of Natural Features The Metro Plan, the Gateway Refmement Plan, the draft Natural Resource Special Study, the National Wetlands Inventory Map, the draft Springfield Wetland Inventory Map and the Hydric Soils Map have been consulted. No inventoried natural features have been found concerning the subject property. Finding: Because the above-cited documents have been reviewed and no applicable inventoried natural features are affected by this application, this application complies with this portion of criterion (I). . . ... Page 6 97-08-190 "(2) THE ZONING IS CONSISTENT WITH THE METRO PLAN DIAGRAM AND/OR APPLICABLE REFINEMENT DIAGRAMS. n The subject property is zoned CC. The Metro Plan diagrnm designation is CC. The property is within the Gateway Refmement Plan boundary and is designated CC on the refmement plan diagram. Finding: Because the zoning, the Gateway Refmement Plan designation and the Metro Plan designation are all CC, this application complies with criterion (2). "(3) DEVELOPMENT OF ANY REMAINDER OF THE PROPERTY IN THE SAME OWNERSHIP CAN BE ACCOMPLISHED IN ACCORDANCE WITH THE PROVISIONS OF THIS CODE." The applicant proposes to partition all of Parcel 3, of Land Partition No. 94-P0453. Upon approval of this application, there will be no remaining property under the same ownership. Finding: Because there will be no remaining youy.../ to be developed, criterion (3) does not apply to this application. "(4) ADJACENT LAND CAN BE DEVELOPED OR IS PROVIDED ACCESS THAT WILL ALLOW ITS DEVELOPMENT IN ACCORDANCE WITH THE PROVISIONS OF THIS CODE. n The adjacent land to the: I. west is developed and has access to Harlow Road. 2. north is undeveloped and has shared access to Game Fann Road South. 3. east across Game fann Road South is developed and has access to this street. 4. south across Harlow Road is developed and has access to this street. Finding: Because adjacent land is either already developed or is undeveloped, but is provided with access that will allow development in accordance with the provisions of the SDC, this application complies with criterion (4). NOTE: The plan submitted shows the city limit line along the centerline of Harlow Road, implying that this site is outside of the city limits. This property was annexed in 1995, with the westerly right-of-way line of Ganie fann Road South as the new city limit line. The surveyor must modify the plan to show the correct jurisdictional boundaries. CONCLUSION Because all applicable criteria are addressed in this evaluation and found, as conditioned, to satisfy these criteria, the Director fmds this Partition Tentative Plan application complies with the requirements ofSDC 34.0S0(I)-{4). CONDITIONS OF APPROVAL - PARTITION TENTATIVE PLAN " . . Page 7 97-08-190 PRIMARY CONDITIONS - Reouired Prior to Recordin.. the Partition Plat 1. The applicant will have up to one vear from the date of this letter to meet any attached conditions or Development Code standards and to obtain Partition Plat approval. A separate application and fee will be required for Partition Plats. The application packet must contain three blueline copies of the Partition Plat; a recent title report with any other documents required on the Partition Plat application fonn and as may be specified below. The application must be submitted to the Springfield Development Services Department. The City Surveyor will review the Plat itself. All primary conditions must be either complied with or guaranteed that they can be complied with before recording the Partition Plat. Upon signature by the City Surveyor and the Planning Manager, the Partition Plat mylar may be submitted to Lane County for recordation. No V' W." .' mav be transferred until the Partition Plat is recorded. One exact copy of the recorded Partition Plat must be returned to the City. 2. Compliance with all items listed in the letter prepared by Mr. Cerotsky dated September 25, 1997. Please respond in writing. 3. The surveyor must verify the size and location of the public sanitary sewer line to the north in writing. 4. The surveyor must verify the size and location of the public stonn sewer line along Game Fann Road South in writing. 5. All existing and required public and private easements. 6. Submit a copy of a recorded irrevocable joint use ingress-egresslmaintenance easement for both the east and south Goint use) driveways and the open space easement. 7. All existing easements must be shown on the Partition Plat. 8. The surveyor must modify the plan to show the correct location of the Springfield city limit line and note that the zoning is CC, not CClUF-1 O. SECONDARY CONDITIONS - At the time of Building Permit, Occupancy an/or Connection to Utilities I. A Lane County Facility Pennit is required for any construction within public rights-of-way under Lane County jurisdiction. 2. The applicant must coordinate required development charges with the &ee.ve.;ate agency. ADDITIONAL INFORMATION The application, all documents and evidence relied upon by the applicant and the applicable criteria of approval are available for Ii free inspection and copies will be available at a cost of $.075 for the fll'St page and $0.25 for each additional page at the Development Services Department, 225 Fifth Street, Springfield, Oregon. APPEAL The following appeal process is for nonnal Type 11 Partition applications are to be heard by the Planning Commission. The appeal application must be in accordance with the SOC, Article 15, APPEALS. Note: Appeals must be submitted on a City fonn and a fee of $250.00 must be paid to the City at the time of submittal. The fee will be returned to the appellant if the City Council approves the appeal application. OUESTION~ Please call the Development Services Department at 726-3759 if you have any questions regarding this process. p. REPARE?J!Y.___ ~ --- - ~ ...../ _' /' ,..?'1 .- . arp - \....0 Planner 111