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HomeMy WebLinkAboutPermit Miscellaneous 1985-11-7 (2) . e, , 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 . . 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. 'I . . 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. . . 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 . . 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. I 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. . . 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. . . 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. 1:.- ,/ <( )7~ ~~ 4" F;J VICINITY MAP NO ~C.P<LE. ~ \ ~ ~ ~ 3900 Z. ' ~ : 3500 .s: 'R AIM ~ ~~ 1500 . . , . . . ~ /4-00 .... .' Sip:. Of REq0E~T Ef\.1TIRe: AREPI'" 1-:' ntE GREEC\lWA~ '~" ',' .", '~"":,'~~~'; ~ ~" ;~";;;~;~~ ~:"~; ~~ I ~'~~~~':' ~~~~; I ~~ I I; ~~~~~':' I ~'~~"~I'f~';;~;'~;~' ';~~~;~~; I ';~~;' I I "'~""'I ,. IF YOII RECEIVE THIS NOTICE. IT MUST PROMPTLY BE FORWARDED TO THE PURCHASER." 'IIIIIl J...................................................................................................111.........I...I..IIII..I..........~ I , i FOR ANY INFORMATION ON THE PROPOSAL. CONTACT LAND MANAGEMENT DIVISION / COURTHOUSE - OIlRI Tr ,~P\llr~ RIITI nTNr. I 1?~ ~ QTU ^\I~NII~ I ~1Ir.~N~ np~r.nN 07Mll I DunN~ I~n? ~Q7_4nh1\ I , , ., " .~ . . '. 3 , ..-:,: Leo & Dorothy Molatore 2066 Harbor Dr. Springfield, OR 97477 ./ 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? ~T /6 6. Indicate the historic and archeological resources on the property. N/A FILE NO. . . . 3 :;".. ~ 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? MfA -, -- 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. .') ." ~ t' . . " . . ~ .:: 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~. ,. ,'. FILE NO.