HomeMy WebLinkAboutPermit Miscellaneous 1997-10-24
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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
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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.
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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.
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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.
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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).
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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).
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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
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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.
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