Loading...
HomeMy WebLinkAboutPermit Miscellaneous 1997-9-24 .' . -Ko1( CITY OF SPRINGFIELD DEVELOPMENT SERVICES DEPARTMENT Limited Land Use Decision QA TE OF LETTEI\ September 24, 1997 JOURNAL NUMBER 97-08-183 SUBVEYOij Les Roberts PO Box 7155 Eugene, OR 97401 APPLICANT Mike Miller 2828 Hayden Bridge Road Springfield, OR 97478 OWNER Miller Valley 3330 Hayden Bridge Road Springfield, OR 97478 EXPLANATION OF THE NATURE OF T~E APPLICATION The applicant is requesting the Partition (division) of land into three (3) parcels. LOCATION OF THE PIiOPERT'{ The property involved in this request is located at~u;anci;345:(fHavden-Briage-RoadJ (Assessor's Map number 17-02-19, Tax Lot 600). The property is located outside the City Limits. The southern portion is within the Urban Growth Boundary (UGB) of Springfield and the remainder of the property is outside the UGB in Lane County. DECISION Tentative Plan approval, with conditions. as of the date of this letter. OTHER USES AUTHORIZED BY THIS LETTER None BACKGROUND/SITE INFORMATION The land area to be partitioned is approximately 26.34 acres. The property inside the \,1GB is zoned Low Density Residential (LDR) UF-l0. The property north of the UGB is zoned agricultural. The area is designated LOR and agriculture by the Metro Plan and is not part of any Refinement Plan area. The property contains two single family residences within the - . . , Page 2 Jo. No. 97-08-183 UGB. Partition of the property would place each house on a parcel and bring these houses into conformance with the Springfield Development Code. The land relatively flat. There is a slope (bench) which delineates the floodplain and the UGB location. WRITTEN COMMENT$, Limited land use decisions require the notification of property owners/occupants within 300 feet of the proposed development allowing for a 14 day comment period prior to release of a staff decision. The following written comment was received: Barbara Sherman, 5335 Main Street, sp 242, Springfield, OR 97478: .With due respect to Mr, Miller and his request for division of his property, I am asking the board deny his request, 1, Mr, Miller bought the property with the hope of using the floodplain for housing at some futur-e- time. .. -...... ......- 2. In proof of this, Mr. Miller had the gravel, blacktop, sand, and rocks from the repaving from Hayden Bridge between 5th and 19th Streets brought to his property and dumped on the flood plain, - 3. As a result, if there is a flood of any proportions, the McKenzie River will hit this area and recoil on the adjacent property and cause untold damage, Since I am away from Springfield at this time, I request that any hearings be postponed until October when I shall return. I own joint property at 35th Place and Hayden Bridge,. Staff Resoonse: The approval process for a partition does not include a public hearing unless the staff decision is appealed. The staff cannot respond to what Mr, Miller's motives may have been for purchasing the property. Mr, Miller had a fill permit for his lot to the east of the subject property. By partitioning the subject property, he is creating three parcels. In an area zoned Low Density Residential, one dwelling is permitted on one lot. Two houses will be on two of the parcels. He would be able to place one dwelling on the third parcel. CRITERIA OF APPROVAL Section 34.050 of the Springfield Development Code states: The Director shall approve, approve with conditions or deny the request based on the following criteria: (1) THE REQUEST AS CONDITIONED FULLY CONFORMS WITH THE REQUIREMENTS OF THIS CODE PERTAINING TO: LOT SIZE AND DIMENSIONS, THE EFFICIENT PROVISION OF PUBLIC FACILITIES AND SERVICES, STREET IMPROVEMENTS AND CONSIDERATION OF NATURAL FEATURES. . . Page 3 Jo. No. 97-08-183 LOT SIZES AND DIMENSIONS Where all of the requirements of Section 29.070(5) are met (see below), the minimum lot sizes allowed in the Low Density Residential District under Section 16.030 of the Springfield Development Code /SDC) is 4,500 square feet for parcels on east-west streets, The proposed parcel sizes are as follows: Parcel 1 and Parcel 2 each contain 10,890 square feet. Parcel 3 is 25.84 acres. Minimum frontage for parcels on eastlwest streets is 45 feet, Parcels 1 and 2 each have 99 feet of frontage. Parcel 3 has 187.83 feet of frontage on the west side of Parcels 1 and 2 and 60 feet of frontage on the east side. (See below under "Other Applicable Standards" for discussion of parcel size standards in the UF-10 District.) Findings: 1. Lot sizes conform to the requirements of SDC 16.030 because all parcels exceed the minimum requirements. 2. Lot frontages conform to the requirements of SDC 16.030 because all parcels exceed the minimum standards. SETBACKS SDC 34.010(3) sets solar access standards for partitions. Solar requirements for the three parcels are met by compliance with SDC 34.010/3l/b)1, There are two existing houses on the property. SDC 16,050 requires 10' setbacks for front and rear yards and 5' setbacks for interior side yards. Both houses exceed the required setbacks. There are two existing accessory structures on the property. These are both located on Parcel 3, which does not have a primary structure located on the parcel, SDC 16.10011 Hb)2, states that accessory structures must be constructed in conjunction with or after construction of the primary structure. They may not be built in advance. Both of the accessory structures are required to be removed prior to Final Plat approval. Findings: 3. Solar access requirements are met by compliance with SDC 34.010(3HbJ1. 4, The existing houses exceed the required setbacks. 5. The accessory structures located on Parcel 3 do not meet requirements for accessory strucfures. Condition: ,. Remove the two accessory structures located on Parcel 3 prior to Final Plat approval. 1 . . Page 4 Jo. No. 97-08-183 PUBLIC FACILITIES AND SERVICES ~ Rainbow Water currently serves this area. Both existing houses are served from a 4" water line in Hayden Bridge Road right-of-way, A new water meter would be required for a dwelling on Parcel 3. Finding: 6, The three proposed parcels will have access to an adequate water supply and meet SDC requirements. Eleetrieitv SDC 32.120(2) states: " Whenever possible, all utility lines shall be placed underground. , ," 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 rights-of-way shall be seven feet. " Parcels 1 and 2 are currently being served by SUB, Service is available from the overhead line along the south side of Hayden Bridge Road and along the west property line. Individual underground electric service is required for each parcel. A seven-foot PUE is required along the street frontages of all three parcels. Findings: 7. The proposed electrical service complies with SDC requirements for key urban services. 8. Additional PUE's are required. Conditions: 2. Show a/l easements on the Final Plat. 3. Seven-foot PUE's are required along the street frontages of all three parcels. Individual underground electric service is required for each parcel. Waste Water DisDosal The nearest sanitary sewer is located approximately 2000 feet from the property and is not available to serve these properties. There are existing septic systems on Parcels 1 and 2, Septic and drain fields must be permitted and approved by the Lane County Sanitarian. Septic approval will be necessary for Parcel 3 prior to development. .. . . Page 5 Jo. No. 97-08-183 Findings: 9. The City sanitary sewer is located over 300 feet away and is not available to serve these parcels. 10. There are existing septic systems on Parcels 1 and 2. Conditions: 4. Submit proof of septic and drainfield approval of the Lane County Sanitarian for the existing septic sysfems of Parcels 1 and 2. 5. Septic approval will be necessary for Parcel 3 prior to development. .51Q.rm nr~ SDC 32,110(4) states that developments are required to employ drainage management practices approved by the City Engineer which minimize the amount and rate of surface water run-off into receiving streams. . .... Storm sewers are not currently available to these properties, The applicant has proposed engineered dry wells for drainage on each parcel, A drainage plan must be submitted and approved by Public Works engineer prior to Final Plat approval. A future public storm sewer will extend from the 34th Street intersection to the west property boundary and drain to the river along the western boundary of the property. A 30' PUE is required along the entire western border of the property. This easement must be shown on the Final Plat. Findings: 11. This criterion has not been met because no drainage plan has been submitted. 12. A required PUE has not been dedicated. Conditions: 6. Submit a drainage plan for all parcels for approval by Public Works engineering. 7. Dedicate a 30' PUE along the entire western border of the property. STREET IMPROVEMENTS Imorovement Aoreement SDC 32.020(1014a states that an Improvement Agreement shall be required as a condition of development approval postponing improvements until such time that an improvement project is initiated. There are no sidewalks, curbs or gutters along Hayden Bridge Road adjacent to the property. An Improvement Agreement is required for any street improvements on Hayden Bridge Road, including widening, surface paving, curbs, gutters, sidew!llks, driveways, park strips, street trees, street lights, drainage and sanitary sewer systems. Lane County does not have road improvements scheduled for Hayden Bridge Road in the current 5 year Capital Improvement Program. . . " Page 6 Jo. No. 97-08-183 Finding: 13. The proposal does not meet this criterion because no Improvement Agreement has been proposed for this property. Condition: 8. An Improvement Agreement for Hayden Bridge Road is required for the three Parcels. The Agreement must be recorded with the county. A check may be made ouf to the county for $10 flat fee plus $5 per page and submitted to the City with the agreement for recording. Access Hayden Bridge Road is classified as a minor collector and has access controlled by the county's access management guidelines. Further development of the property will be required to address these criteria, SDC 32.080( 1 Hb) requires joint-use access driveways along property lines whenever necessary to reduce the number of'access-points to streets; Aceesstoproposed..u...... parcels 1 and 3 are currently from one driveway. A joint ingresslegress maintenance easement is required to guarantee maintenance and access for all property owners, This driveway is not to be used as access for 3500 Hayden Bridge Road. The existing gravel driveways for the three parcels are required to be paved for the first 18' . Findings: 14. No Joint-Use Agreement exists for the access of Parcels 2 and 3. 15. The existing driveways are gravel. Condifions: 9. The existing driveways must be paved the first 18'. The driveway on Parcel 1 is required to be paved. 10. A joint-use ingress/egress maintenance Agreement is required for Parcels 1 and 3. The Agreement must be recorded with the county. A check may be made out to the county for $10 flat fee plus $5 per page and submitted to the City with the easement for recording. CONSIDERATION OF NATURAL FEATURES The Metro Plan, the draft Natural Resource Special Study, the National Wetlands Inventory Map, the draft Springfield Wetland Inventory Map and the Hydric Soils Map, the Washburne Historic District and the list of Historic landmark Sites have been consulted. No natural or cultural resources have been identified on this site. Historic and Archeological Resources, There are no inventoried historic features or archeological sites located on the development site. If any artifacts are encountered during construction, there are state laws that could apply, ORS 97.740, ORS 358.905, ORS 390.235. If human . . Page 7 Jo. No, 97-08-183 remains are discovered during construction, it is a class "c" felony to proceed und er ORS 97.740. Findings: 16. There are no cultural, historic or archeological resources identified on the site. (2) THE ZONING IS CONSISTENT WITH THE METRO PLAN DIAGRAM ANDIOR APPLICABLE REFINEMENT PLAN DIAGRAMS. The Eugene-Springfield Metro Area General Plan designates the subject prc:>perty as Low Density Residential and agricultural, The property is zoned Low Density Residential/Urban Fringe Overlay District within the UGB and agricultural outside the UGB. The property is not within a refinement plan area, The proposed partition would create three parcels in conformance with the Plan designations and the prescriptions for lot size and dimensions specified in the Springfield Development Code. ..' Finding: 17. The zoning is consistent with the Metro Plan Diagram. (3) DEVELOPMENT OF ANY REMAINDER OF THE PROPERTY IN THE SAME OWNERSHIP CAN BE ACCOMPLISHED IN ACCORDANCE WITH THE PROVISIONS OF THIS CODE. Parcels 1 and 2 are approximately quarter acre parcels and will not be further developed, Parcel 3 contains 25,84 acres, most of which is outside of the UGB, The area outside the UGB is zoned agriculture by Lane County, Of this area, approximately half is in the flood way and the other half is in the floodway fringe. The flood way and floodway fringe make up the floodplain. The portion of Parcel 3 that is inside the UGB is outside of the floodplain and potentially could be futher developed under Springfield development standards. Access to Parcel 3 is possible from Hayden Bridge Road'. A Future Development Plan is required since Parcel 3 is large enough to be further divided (SDC 34.040). The location of the UGB and the floodplain should be the same on this property, There is a natural bench which defines the floodway fringe. Metro Plan II-E-15, Factor 7 states, .Sinee the most productive agricultural lands are typified by Class I agricultural soils located in the floodway fringes, the boundary of the flood way fringe often serves as the location of the urban growth boundary. When the floodway fringe follows a natural bench . . . the boundary between urban uses and agricultural uses may be abrupt,. II-E-21 indicates that the UGB in the area between UM" and UN" on the UGB map is the flood way fringe. The Technical Supplement page 53 number 33 states, uln North Springfield. . . the McKenzie River along with its flood plain, . . . its agricultural soils and its valuable wetlands provides a natural topographic definition to the metropolitan region. In these portions of the metropolitan region, the urban growth boundary was developed to exclude ... the flood plain, ... and the rich Class I and II agricultural soils adjacent to the McKenzie River." Findings: 18. The part of Parcel 3 that is within the UGB is large enough to be further divided. 19. The UGB and Floodplain boundary should have the same location on this property. . . " Page 8 Jo, No. 97-08-183 20. The proposal does not meet this criterion because a Future Development Plan has not been submitted and the UGB is incorrectly placed. Conditions: 11. Submit a Future Development Plan in accordance with SDC 29.070(1)(c) prior to Final Plat approval. 12. Redraw the proposal to show the UGB and the Floodplain boundary in the same location on the Final Plat. (4) ADJACENT LAND CAN BE DEVELOPED OR IS PROVIDED ACCESS THAT WILL ALLOW ITS DEVELOPMENT IN ACCORDANCE WITH THE PROVISIONS OF THIS CODE. All adjacent lots have access to Hayden Bridge Road, Finding: 21. This criterion has been met because this partition has no adverse effects on access to adjacent land. h _h_._m__._ ---.- ..' DEVELOPMENT REQUIREMENTS OF SDC 29,070 (SPECIAL USE STANDARDS) In addition to the standards specified above, proposed partitions in the urbanizable area shall meet the additional standards and criteria specified in Section 29.070 and shown below: (1) General la) The owner of any property requiring Type II, III, IV Development Approval, or Type I Development Approval with respect to new single family residences and Site Plan reviews, shall sign an Annexation Agreement. An Annexation Agreement is required for each parcel. Finding: 22. This criterion has not been met because no Annexation Agreements have been signed. Condition: 13. An Annexation Agreement must be signed for each parcel. The Agreement must be recorded with the county. A check may be made out to the county for $10 flat fee plus $5 per page and submitted to the City with the easement for recording. Ibl The Lane County Sanitarian shall certify that the proposed individual waste water disposal system meets DEQ standards prior to Development Approval. Septic systems exist on Parcels 1 and 2. . . Page 9 Jo. No. 97-08-183 Finding: 23. This criterion has not been met because documentation has not been submitted showing approval of the waste water disposal systems by the Lane County Sanitarian. Conditions: 14. Submit documentation showing approval of the existing waste water disposal systems by the Lane County Sanitarian. 15, Submit site inspection approval from the Lane County Sanitarian for a septic system on Parcel 3. (5) Partitions. In addition to the standards specified in this Subsection, proposed partitions in the urbanizable area shall meet the standards and criteria of Article 34 of this Code and the standards of Subsections 1111a), Ib), Ie) and If) of this Section. la) The minimum area for the partitioning of land shall be 10 acres except as permitted below: ..' Ib) Except in areas designated MDR/UF-10, any prop~sed new parcel between 5 and 10 acres shall meet the following standards: 1. The efficient and full urban use of the property, or neighboring properties shall not be limited by the partition; See (31 and (41 above. 2. A Future Development Plan for the urban development shall be required where the property is redivisible into small parcels. The Future Development Plan shall be in accordance with the redivision plan procedures and requirements of Subsection 1111c) of this section; The area of Parcel 3 that is within the UGB is large enough to be further divided. No Future Development Plan has been submitted. Finding: 24. The proposal does not meet this criterion because no Future Development Plan has been submitted. Condifion: 16. Submit a Future Development Plan in accordance with SDC 29.070(1)(c) prior to Final Plat approval. 3. Proposed land uses and densities shall conform with the Metro Plan and this code; Each of the three parcels may contain one dwelling unit in the Low Density Residential (LDRI District. Currently there is one residence on Parcel 1 and one residence on Parcel 2. One residence could be placed on Parcel 3. The location of that residence must be sited according to the Future Development Plan so as to . . , Page 10 Jo. No. 97-08-183 allow the future division andlor more intensive use of the property consistent with the Metro Plan (SDC 29.070(3)). Findings: 25. The proposed use as single family residences conforms to the Metro Plan and LOR uses. 26. The proposed land division meets the density possible on the parcels given the constraints and zoning. Condition: 17. Siting of a future residence and septic system on Parcel 3 is required to be in accordance with SOC 29.070(3) siting requirements. Ic.) Any proposed new parcel less than five acres shall meet. in addition to the standards of Subsection 1511b) of this Section. JUlll of the following standards: 1. That the property to be partitioned-shall be owried- or opei'lited by' a -governmental agency or public utility; or ' The property is privately owned. 2. A majority of the parcels located within 100 feet of the property to be partitioned shall be smaller than five acres, The majority of parcels located within 100 feet of the subject property are smaller than 5 acres. Finding: 27. This criterion is met because standard 2 is satisfied. Id)ln addition to meeting the standards of Subsections 1511c) and Icl of this Section. a ... parcel of land 2.2 acres or larger that is designated LDR/UF-10 may be partitioned more that once provided that the subsequent partition cannot be submitted sooner than the next calendar year... . and provided that {seven conditions Bre met with this partition}. Finding: 28. The proposal does nof meet the required conditions for further partitioning. Condition: 18. This property may not be further divided until city services can be provided and annexation occurs. In addition to the foregoing provisions. this partition process shall comply with Oregon Subdivision and Series Partition Control Law as set forth in ORS 92.305 to 92,495, . . Page 1 1 Jo. No. 97-08-183 CONDITIONS OF APPROVAL 1 . The applicant will have up to one vear from the date of thio; ~ to meet any attached conditions or Development Code standards and to obtain Partition Plat approval. For Partitions inside the City Limits, a separate application and fee will be required, The application packet will require three blueline copies of the Partition Plat, a title report and any other documents required as may be specified below. The application must be submitted to the Springfield Development Services Department. The Plat itself will be reviewed by the City Surveyor. Upon signature by the City Surveyor and the Planning Manager, the Partition Plat mylar may be submitted to Lane County for recordation. No oroDertv ...."v Ile transferred until the Partition Plat is recorded. One exact copy of the recorded Plat must be returned to the City. 2. Remove the two accessory structures located on Parcel 3 prior to Final Plat approval. '.' 3. Show all easements on the Final Plat. 4, Seven-foot PUE's are required along the street frontages of all three parcels. Individual underground electric service is required for each parcel. 5. Submit proof of septic and drainfield approval of the Lane County Sanitarian for the existing septic systems of Parcels 1 and 2. . 6. Submit site inspection approval from the Lane County Sanitarian for a septic system on Parcel 3. Septic approval will be necessary for Parcel 3 prior to development. 7. Submit a drainage plan for all parcels for approval by Public Works engineering. 8. Dedicate a 30' PUE along the entire western border of the property. 9. An Improvement Agreement for Hayden Bridge Road is required for the three Parcels. The Agreement must be recorded with the county, A check may be made out to the county for $ 1 0 flat fee plus $5 per page and submitted to the City with the agreement for recording. 10, The existing driveways must be paved the first 18', The driveway on Parcel 1 is required to be paved. 1 1. A joint-use ingresslegress maintenance Agreement is required for Parcels 1 and 3. The Agreement must be recorded with the county. A check may be made out to the county for $ 1 0 flat fee plus $5 per page and submitted to the City with the easement for recording. 12. Submit a Future Development Plan in accordance with SDC 29.070(1 Hc) prior to Final Plat approval. . . Page 1 2 Jo. No. 97-08-183 13. Redraw the proposal to show the UGB and the Floodplain boundary in the same location on the Final Plat. 14. An Annexation Agreement must be signed for each parcel. The Agreement must be recorded with the county. A check may be made out to the county for $10 flat fee plus $5 per page and submitted to the City with the easement for recording. 15. Siting of a future residence and septic system on Parcel 3 is required to be in accordance with SDC 29.070(3) siting requirements. 16. This property may not be further divided until city services can be provided and annexation occurs. ADDITIQNAL INFORMATIOII/ The application, all documents-and.lMdence relied upon by the applicantand-the-applicablen criteria of approval are available for a free inspection and copies will be available at a cost of $0.75 for the first page and $0,25 for each additional page at the Development Services Department, 225 Fifth Street, Springfield, Oregon. APPEAL If you wish to appeal the decision of Partition Plan Approval, you must do so within .ll2 davs of the date of this letter. Your appeal must be in accordance with the Springfield Development Code, Article 15, APPEALS, Note: Appeals must be submitted on a City form 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 Planning Commission approves the appeal application. QUESTIONS Please call the Development Services Department at 726-3753 if you have any questions regarding this process. ~ARED BY ~".'J Sarah Summers Planner II