HomeMy WebLinkAboutPermit Miscellaneous 1985-11-7 (2)
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LANE COUNTY HEARING OFFICIAL
STAFF REPORT
HEARING DATE: November 7, 1985
REPORT DATE: October 17,1985
I. PROPOSAL DESCRIPTION
FILE NO.PA 2774-85
A. Applicant:
Leo Mol atore
2066 Harbor Drive
Springfield, OR 97477
B. Proposal
Will amette Greeenway Deve I opment Permi t to a 11 ow a doub 1 ewi de mobil e
home as a replace,.Ie~t of a singlewide mobile home within an RA/MH
Suburban Residential/Mobile Home District within the Willamette Greenway
boundary.
II. RECOMMENDATION
Approval of the Greenway Development Permit, subject to the following
condition:
1. The existing vegetation between the top of the bank and the river shall
not be disturbed or removed.
2. Prior to placement of a mobile home on the subject property, a mobile
home placement permit must be applied for and approved.
3. This Greenway Development Permit must be exercised or utilized in two
years or it will expire.
III. GENERAL INFORMATION
A. Location and Site Description: Map 18-03-11-2.2, tax lot 3400
Zoning: RA/MH Suburban Residential/Mobile Home District Plot No:
Metro
The subject property is currently occupied by a singlewide mobile home
and has an address of 2066 Harbor Drive, Springfield. It is situated
between Harbor Drive and the Willamette River. It is Lot 47 of Filbert
Grove 5th Addition. The building area is flat. Behind the building site
the ground drops off sharply to the river. Natural vegetation exists
from the top of the bank to the river.
B. Surrounding Area and Zoning
Surrounding parcels are
structures and are zoned
Willamette River forms
surrounding development.
occupied by mobile homes and accessory
RA/MH. The terrain is relatively flat. The
the western and southern boundary of the
C. Services
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Fire: No permanent service. Temporary service being provided by City of
Springfield.
Sewage: On-site subsurface disposal
Water: Community water system
Police: State Police & Lane County Sheriff
Access: Harbor Drive; a County Road
Parks: Willamalane Park District
Solid Waste: Glenwood Transfer Site
D. Referral Responses
1. Environmental Health: Maintain minimum setbacks from sewage
disposal system.
2. Water Section: No objections. The Filbert Grove Water System is
an approved system.
3. Building Division: Building permits required for mobile home
placement.
4. Flood Management: The mobile home site is not in a flood hazard
zone.
IV. APPROVAL CRITERIA AND ANALYSIS
A. Plan Conformity
1. Eugene-Spri ngfi e 1 d Metropo 1 i tan Area Genera 1 Pl an Des i gnat ion:
Low Density Residential and Parks and Open Space (Willamette
Ri ver Greenway). The a rea is a 1 so wi thi n the urban growth
boundary of the Metro area.
2. Applicable Policies:
Willamette River Greenway (pages 111-9-4 & 5)
Policy #2
Land use regulations and acquisition programs along river
corridors and waterways shall take into account all the concerns
and needs of the community, including recreation, resource, and
wildlife protection; enhancement of river corridor and waterway
environments; potential for supporting nonautomobile
transportation; opportunities for residential development; and
other compatible uses.
Policy #9
The specific use management considerations and requirements of
Statewide Goal 15, "Willamette River Greenway", shall be applied,
where they are not specifically addressed in policy or land use
designations elsewhere in this Plan, in local refinement plans
and local implementing ordinances.
Pol icy #11
Eugene and Springfield shall continue to use the conditional use
permit system to address the setback and vegetative fringe
requirements of statewide Planning Goal 15. Lane County shall
address the setback and vegetative fringe requirements of Goal 15
in its Greenway ordinance.
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Willamette Greenway Policies are implemented through the
application of criteria contained in Lane Code 10.322-15 Greenway
Development Permit. These criteria consider Goal 15 requirements.
B. Lane Code 10.322
Lane Code 10. 322-15( 1) 1 i st5 the criteri a for approva 1 of an
intensification, change of use, or development within the
boundaries of the Willamette River Greenway. Criteria and
analysis are listed below:
1. The development protects or enhances the existing
vegetative fringe between the activity and the river. Where
such protective action is shown to be impractical under the
circumstances, the maximum landscaped area or open space
shall be provided between the activity and the river and the
development provides for the reestablishment of vegetative
cover where it will be significantly removed during the
process of land development.
A singlewide mobile home and garage are currently on the
property as shown on the attached site plan. The proposed
building site area is flat and cleared. The proposed
doublewide mobile home will occupy the existing building
- site plus 12-15 feet toward the rear of the property. The
existing- mobile home is about 100 feet (as measured from
aerial photos) from the river. Its location is limited by
the sewage disposal system being between the mobile home and
Harbor Drive. The existing vegetative cover from the top of
the bank to the river does not have to be di sturbed or
removed by the proposed use.
2. Existing public access to and along the river either is not
necessary or the necessary access will be provided by
appropriate legal means.
Public access to river is now provided by a pedestrian way
along the west boundary of the subject property. In
addition, public access to the river is available through a
State-owned recreation site, just east of the Filbert Grove
Subdivision. These legal accesses appear adequate.
Lane Code 10.322-15(2) requires affirmative findings that the
proposed development is compatible with the following guidelines:
1. Preservation and maintenance of land designated
"agriculture" in the adopted Willamette River Greenway Plan
for farm use and minimize interference with the long-term
capacity of lands for farm use.
The property is not designated 'Agriculture" by the
Willamette River Greenway Plan nor the Metropolitan Plan.
But it is designated "Low-Density Residential" and is within
an urban growth boundary. No agricultural land is nearby.
2. Protection, conservation or preservation of significant scenic
areas, viewpoints and vistas.
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The proposed site has not been designated as a significant
scenic area, viewpoint or vista in any inventories available
to the Planning office.
3.
Protection,
restoration
resources.
preservation, rehabilitation, reconstruction or
of significant historic and archeological
The proposed site is not identified as a significant
historic or archeological site by the County's historical
resources inventory or the Metropolitan Area inventory.
4. Preserve areas of annual flooding, floodplains and wetlands.
The site is not within the designated Willamette River
floodway or fl oodp 1 a in. The buil di ng 5 i te and a few other
adjacent sites are located at a higher elevation. The rear
of the property is wi thi n the fl oodway and fl oodp 1 a in,
however, no building is proposed in that area.
5. Protection, ,conservation or preservation of areas along the
alluvial bottomlands and lands with severe soil limitations
from intensive development.
According to the Soil Conservation Maps, soil in the area
consists of 4AU Cloquate-Urban Land Complex. This soil type
is found in floodplain areas where the 'ground has been
di sturbed or deve loped. The soil is sui tab 1 e for urban
development and is slightly susceptible to erosion.
Maintenance of existing vegetation between the top of bank
and the river will obviate erosion potential.
6. Consideration of the impacts of consumptive uses of water
(i.e., domestic, agriculture, industrial) and the
nonconsumptive uses (i.e., recreation and natural
resources) in efforts of maintaining sufficient flows to
support water users.
The proposed use is provi ded water by a commun i ty water
system. The water system has been supplying water to the
Filbert Grove Subdivision for many years and does not appear
to have any effect on ma i nta in i ng ri ver flow vo 1 ume. The
water system's source is a well and not directly from the
river.
7. Sustenance and enhancement of water quality by managing
or controlling sources of water pollution from uses such as:
domestic and industrial wastes, agricultural and timber
runoff, septic tank seepage, gravel operations and other
intermittent sources.
Disposal of domestic sewage is being handled by a subsurface
disposal system located in front of the mobile home. The
system is required to function according to State standards
and required permits. No other sources of water pollution is
apparent.
8. Maintenance and sustenance of natural riparian vegetation
found upon the lower alluvial bottomlands and upper
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terraces bordering the river for the following reasons:
provide habitat, food and shade for wildlife; protect natural
areas; anchor river bank soils and protect agricultural land
from seasonal erosion; ensure scenic quality and screening
of uses from the river; control trespass; and to control
pollution sources to the river.
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The existing vegetative strip along the river will be
maintained as a condition of approval of this permit. The
proposed use wi 11 not have to encroach into the natural
vegetation. Other than the natural vegetation, the building
site is landscaped and has a lawn.
9. Harvesting of timber in a manner that wildlife habitat,
riparian and other significant vegetation and the natural
scenic qualities of the Greenway will be preserved,
conserved or restored and otherwise result in only the
partial harvest of timber beyond the vegetative fringe.
No timber harvest is involved with the proposed use. The
building site is already cleared.
10. Minimize vandalism and trespass.
The presence of the proposed residence and other residences
in the area maintain informal mutual security.
11. Location of nonwater dependent and nonwater related
development away from the river.
The pattern of residential development has already been set.
The building site is separated from the river by a steep bank
and natural vegetation. The development is set-back as far
as reasonably possible given the location of the sewage
system. The proposed use will be the same distance from the
river as other residential uses in the vicinity.
12. Protection from erosion.
Maintenance of the existing vegetative strip along hte river
is the best means of protection from erosion. The vegetative
fringe will be preserved.
13. Compatibility with the site and surrounding areas.
The proposed use is similar to other residential uses in the
area and what already exists on the property; a sing1e-
family residence. The building site is screened from the
river by the vegetative fringe along the river.
14. Protection of significant fish, wildlife habitat and natural
areas.
According to the Greenway Plan inventories and the Rural
Comprehensive Plan natural resources inventory, no
significant fish, wildlife habitat or natural area is
identified for this property. The property is already
developed.
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15. Protection and conservation of lands designated aggregate
resources within the adopted Willamette River Greenway
Plan.
The property is not designated or zoned for aggregate
resources.
Lane Code 10.322-15(3) does not allow new intensifications or
developments within 100 feet of the ordinary high waterline of the
river unless one of the following criteria are met:
a. The proposal would provide better protection, maintenance,
preservation and enhancement of the natural scenic, historic
and recreational qualities of the Willamette River Greenway
than would occur by observance of the setback requirement;
or
b. The protection, maintenance, preservation and enhancement
of the natural, scenic, historic and recreation qualities of
the Willamette River Greenway are not applicable to the
proposal.
The proposed use will be 80 feet from the river's edge. This
setback is the greatest that can be maintained and still maintain
the setback from the drainfield and from Harbor Drive. The 80
foot setback is reasonable inasmuch as; all other mobile homes
along the river maintain a similar setback; the vegetative strip
along the river bank will maintain a buffer between river
activities and the proposed residence, and no significant
natural, scenic, historic and recreational quality of the
Greenway will be effected.
V. FINAL COMMENTS
A. Summary and Conclusions
Provided the conditions of approval are complied with, the request for a
mobil e home withi n the Wi 11 amette Ri ver Greenway appears to meet the
requirements for approving such a use. This position is based on the
following conclusions:
1. The proposal use is allowable by the Hearings Official so long as
it meets the requirements as provided in Lane Code 10.322-15.
2. The proposed mobile home does not violate any revel ant
Comprehensive Plan Policy.
3. The building site is buffered from the river by a vegetative strip
along the river bank which will remain.
4. No public access to or along the river will be effected.
5. No detrimental effects appear to be caused by the proposed use as
it is similar to many other mobile homes in the area.
B. Findings
1., The subject property is tax lot 3400, Map 18-03-11-2.2 and has an
address of 2066 Harbor Drive, Springfield.
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2. The property is zoned RA/MH District and is designated Low Density
Residential/Willamette Greenway by the Metropolitan Plan.
3. The proposed use is surrounded on three sides by other residential
development. The fourth side abuts the Willamette River.
4. The property has a vegetative strip along the river bank.
5. The building site is flat. To the rear of the property, there is
a steep bank, with natural vegetation to the top of the bank.
6. The buil di ng site cannot rea sonab ly be moved further from the
river and still maintain other setback requirements from an
existing building and the sewage disposal system.
7. Several other mobile homes along the river maintain similar
setbacks.
8. No significant scenic, fish or wildlife habitat, historic
resource have been identified at the site.
9. The building site is not within a floodway or floodplain.
10. The water quality and quantity of the river will not be effected
by the proposed use as domestic water is supplied by a community
water system and sewage disposal is approved according to State
standards and permits.
11. Natural vegetation along the river will be maintained.
C. Materials to be Part of the Record
1. Sta ff Report
2. File PA 2774-85
3. Lane Code Chapter 10.322 and Chapter 14
4. Eugene-Springfield Metropolitan Area General Plan
D. Attachments
1. Area Map
2. Applicant's submittal, including site plan
.,~ Hearing~ Officii Public Hearing' .
Time: 9:30 a.m.
Date:
Place: Harris Hall
Applicant: Leo Molatore
Location:
Proposal:
November 7, 1985
Plot No.:
Map No.:
PA 2774-85
18-03-11-2-2
3400
2066 Harbor Drive,.Springfield, OR 97477
Greenway Development Permit to allow replacement of a mobile
home within an RA/MH district.
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,. IF YOII RECEIVE THIS NOTICE. IT MUST PROMPTLY BE FORWARDED TO THE PURCHASER." 'IIIIIl
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FOR ANY INFORMATION ON THE PROPOSAL. CONTACT LAND MANAGEMENT DIVISION / COURTHOUSE -
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Leo & Dorothy Molatore
2066 Harbor Dr.
Springfield, OR 97477
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T 18 R 03 5 1122
Tax Lot 3400
SPECIFIC REQUIREMENTS FOR
GREENWAY DEVELOPMENT APPLICATION
An application for Greenway Development must be complete upon submittal to the
Land Managment Division. If all items are not submitted with the application, the
application cannot be accepted for processing. Items necessary for a complete
application include:
). PROPOSAL: (describ~ !.u detail) To install neVi mobile home
~p.nl~~in~ extstin~ mobile home
2. Four copies of a plot plan, drawn to scale, illustrating the size and
location of existing uses and structures on the property and describing the
proposed development.
3. How does the proposed development protect or enhance th2 vegetative fringe
between the development and the river?
Tt. will not be necessar'T to remove an'T of the vegatative fringe
t.o qet. mohile home on oreviouslv develooed lot.
4. How does the proposal preserve, maintain and minimize interference with
agriculture?
N/A
5. What scenic areas, viewpoints and vistas are associated with the proposal?
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6. Indicate the historic and archeological resources on the property.
N/A
FILE NO.
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7. How would natural hazards (flooding, unstable soils, high water table) be
handled?
Mobile home will be set at required elevation and tie-downs
will be installed
8. Detail" the water needs, of the proposed use.
Citv water
9. What methods, if any, will be used to minimize vandalism and trespass?
1\T In
10. What are the potential water pollution problems of the site? Consider
domestic and industrial wastes, agriculture and timber runoff, septic tank
seepage, gravel operations and other intermittent sources.
None - seotic system was installed accoring to County regulations.
11. How will natural riparian vegetation be maintained and sustained to provide
habitat food and shade for wildlife; protect natural areas, anchor river bank
soils and protect agricultural land from seasonal erosion; ensure scenic
quality and screening of uses from the river?
Mobile home placement will not interfere with natural riparian
vegetation.
12. How will timber be' harvested to protect wildlife habitat, riparian and other
significant vegetation, and natural scenic qualities of the site?
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13. How will nonwater related uses be sited away from the river?
Placement of new mobUe home will comply with County set-back
rules.
FILE NO.
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14. Describe the aggregate resources located within the Greenway designation.
Mobile ho~e will be placed on lot in previously platted
residential subdivision which has no aggregate resources.
15. Explain the difficulties in not providing at least a 100 foot setback from
high water line to protect the natural, scenic, historic and recreational
qualities of the Willamette River Greenway.
A 100' setback from the high water line would render the property
unusable. Set-back rules ":ill be followed and mobile home set on
lot compatable with placement of mobile homes on adjacent lots
and to allow for existing septic syste~.
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FILE NO.