HomeMy WebLinkAboutNotice PLANNER 3/25/2008
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Date Received
MAR 2 5 Z008
AFFIDAVIT OF SERVICE
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STATE OF OREGON)
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County of Lane )
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I, Karen LaFleur, being first duly sworn, do hereby depose and say as follows
1 I state that I am a Program TechniCian for the Planning DIvISion of the
Development Services Department, City of Springfield, Oregon
2 I state that In my capacity as, Program TechniCian, I prepared and caused tq be
mailed caples of .sUB ?LoS- WCYlT- '(\('ft;/jIp ~~ [)o./'~ - PCVGC~
(See attachment "A") on 3.;L5 ,200 addressed to (see ~
Attachment B"), by causing said letters to be placed In a U S mall box With
postage fully prepaid thereon
~~~~
STATE OF OREGON, County of Lane
~t0. ~ , 2008 Personally appeared the above named Karen LaFleur,
Program TechniCian, who acknowledged the foregoing Instrument to be their voluntary
act Before me
OFFICIAL SEAL
BRENDA JONES
NOTARY PUBLIC - OREGON
COMMISSION NO, 379218
MY COMMISSION EXPIRES ~Y 27 2008
My Commission Expires ~?1, do?J!
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Nohce of DeCISIOn - SubdlvlsIOnjPartihon Tentahve Plan
Project Name Berry PartItlOn
Project Proposal: DIVIde one lot mto two parcels
Case Number SUB2008-00005
Project Location. 255 Deadmond Ferry Rd
Property SIze 0 34 acre (14,900 sf)
Base Zone: MDR (MedIUm DensIty ResIdentIal)
Overlay Distnct(s) Drmkmg Water Protecbon Overlay (1-5 year Tune of Travel Zone)
Metro Plan DesIgnation MDR (Medtum DensIty ResIdentIal)
Refmement PlanfDesIgnation. Gateway RefInement Plan/Medtum DensIty ResIdentIal
Pre-SubmIttal Meeting Date January 22, 2008
ApplIcation SubmItted Date: January 28, 2008
DeCISIOn Issued Date March 25, 2008
Appeal Deadlme Date Apnl 9, 2008
Other ApplicatIon(s) none
CITY OF SPRINGFIELD DEVELOPMENT REVIEW TEAM
POSmON REVIEW OF NAME PHONE
Project Manager Planrung Steve HopkIns 726-3649
TransportatIon Planrung Engmeer TransportatIon Gary McKenney
Pubhc Works Engmeer UtIhtIes, Samtary & Enc Walter 736-1034
Storm Sewer
Deputy FIre Marshall FIre and LIfe Safety Gilbert Gordon 726-2293
Commurnty Sel'Vlces Manager Butldmg Dave Puent 726-3668
APPLICANT'S DEVELOPMENT REVIEW TEAM
Owner/ApplIcant. Representative
Harold and Earlene Berry Pam Clark
462 Sprmgdale Ave Olson and Moms
SpnngfIeld OR 97477 380 Q Street, SUIte 200
SpnngfIeld OR 97477
Berry
Case No SUB200B-00005
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SIte
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2S 0 25 SJ 75 Feet A.
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Summary of proposal' DIvIde one lot mto twol parcels There are no structures on the SIte
DecIsion: Tentahve Approval with conmhons, as of the date of flus letter The standards of
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the Sprmgheld Development Code (SDC) apphcable to each cntenon of approval are hsted
herem and are satIsfIed by the subnutted planS and notes unless specIfIcally noted WIth fmdmgs
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and conchhons necessary for comphance The Fmal Plat must conform to the subnutted plans
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as conchhoned herem TIns IS a hnuted land use deCISIOn made accordmg to Clty code and state
statutes Unless appealed, the deCISIon IS fmal Please read tlus document carefully
Other Uses Authorized by the Decision. None Future development will be m accordance WIth
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the proVISIOns of the SDC, fIled easements and agreements, and all apphcable local, state and
federal regulahons
ReVIew Process' 'flus apphcatIon IS reVIewed under Type II procedures hsted m SDC 51-130,
the Tentahve Plan Cntena of Approval, SD~ 512-125, and the Land DIVISIOn Standards of
Arhcle 512-100
Berry
Case No 5UB200B-00005
2
Procedural Fmdmgs
o Apphcal10ns for LImlted Land Use DeCIsIOns requIre the notIDcal1on of property
owners/occupants W1thm 300 feet of the subject property allowmg for a 14 day
comment penod on the apphcal10n (SDC Secl10ns 51-130 and 52-115) The apphcant
and parl1es subrrutbng wntten comments dunng the nob.ce penod have appeal nghts
and are rruuled a copy of flus deCIsIOn for cons1deral1on
o Nol1ce was sent to adjacent property owners/occupants Wlthm 300 feet of the subject
slte on January 30, 2008
o On February 19, 2008, the C1ty'S Development ReVlew Comrruttee reVlewed the
proposed plans C1ty staff's reVlew comments have been reduced to fmdmgs and
condll1ons only as necessary for comphance W1th the Tental1ve Plan Cntena of Approval
contamed m SDC 512-125 TIns decrsIOn was 18sued on the 57th day of the 120 days
mandated by the state
o In accordance W1th SDC 512-145, the Fmal Plat shall comply Wlth the reqUITements of
the SDC and the conmb.ons rmposed by the DIrector m flus dec18IOn The Fmal Plat
otherw18e shall be m substanl1al confornuty Wlth the tentab.ve plan reVlewed Porb.ons
of the proposal approved as subrrutted dunng tentab.ve reVlew cannot be substanb.vely
changed dunng Fmal Plat approval
Comments Rece1ved- Comments were subrrutted by James and JosephIne Conant (209
Deadmond Ferry Rd) They subrrutted a request for a fence along the southern property !me to
prevent access to theIr property Although no fence 18 allowed m the pubhc dramage way that
covers the SW comer of the site, a fence can be buIlt on the remamder of the southern property
!me The fence would be approxnnately 32 feet long
Response The request for a fence can be fulfilled m two sltuab.ons FIrst, If the proposed
development contaIns a panhandle lot and a ne1ghbonng property owner requests screerung
from the new dr1veway TIns 18 m accordance W1th SprmgfLeld Development Code 5 12-130(N)
Because no panhandle lots are proposed, flus 1S not apphcable The other sltuab.on 18 when
there 18 a drrect lmk (nexus) between the proporl1onal rmpacts of the development and the
reqUITed conml1ons of approval In flus case, there does not appear to be a nexus between two
res1denl1allots and a fence to prevent pedestnan traff1c across an adjacent lot that 18 developed
Wlth a smgle fanuly dwellmg Because of tlus, 1t IS beyond the authonty of the CIty to reqUITe a
fence The developer has been notIDed of the request for a fence and has been encouraged to
contact the adjacent property owners regardmg flus 1ssue
SDC 512-125 Tentative Plan Critena
The DIrector shall approve or approve Wlth conml1ons a Tental1ve Plan apphcab.on upon
determmmg that all apphcable mtena have been sab.sned If conml1ons cannot be attached to
sab.sfy the approval mtena, the DIrector shall deny the apphcal1oIl. In the case of Parb.b.ons that
mvolve the donab.on of land to a pubhc agency, the DIrector may Walve any approval cntena
upon deternurung the parl1cular cntenon can be addressed as part of a future development
apphcal10n
Berry
Case No SUB200B-OOOO5
3
A. The request conforms to the proViSIOns of tlus Code pertainmg to lot/parcel size and
dunenslOns. I
Finding: The parcels will contaIn 6108 sf and 9076 sf As shown, Parcel 2 does not have
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45 feet of frontage Pnor to fInal plat approval, Parcel 2 must be reVISed to contaIn at
least 45 feet of frontage to Deadmond Ferry Road
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Condthon of Approval #1' Pnor to fInal plat approval, Parcel 2 must be reVISed to
contaIn at least 45 feet of frontage to Deadmond Ferry Road
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ConclUSIOn' As condthoned, the proposal comphes With SDC 512-125(A)
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B. The zoning is consistent With the Metro Plan diagram and/or applicable Refmement
Plan dtagram, Plan Distnct map, and dmceptual Development Plan
findIng- The property IS zoned MDR (Medtum Density Resldenhal) and the Gateway
RefInement Plan deslgnahon IS Medtum Density Resldenhal ThIs land dtVISlon will
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create 2 parcels on 34 acre If each lot IS developed With two dwellmg unIts, the density
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will be approxunately 117 dwellmgs Rer acre, wluch comphes With the 11-20 dufacre
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reqUITement of the MDR zone and the Metro Plan
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Conclusion The proposal comphes With SDC 512-125(B)
C. Capacity reqwrements of public and private facilities, iJ!cluding but not lrmited to,
water and electricity; samtary sewer and stormwater management facilihes; and streets
and traffiC safety controls shall not be lexceeded and the pubhc Improvements shall be
avatlable to serve the site at the time of development, unless otherwtse provided for by
tlus Code and other apphcable regul~tions. The Public Works DIrector or a utihty
provider shall deternune capacity issue~,
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FmdIng- Because the proposed Improvements are consldered pnvate facml1es, they
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must be constructed pnor to approval o,f the fmal plat SDC 512-145(C) only allows
subnuttal of a performance bond on pubhc Improvements
FindIng The apphcant has proposed cdnnechng to the eXlShng 6 mch wastewater lateral
located m Deadmond Ferry Road Two: new 6 mch waste water hnes will connect to tlus
hne and will be extended, Wlthm a proRosed Jomt access and utility easement, to serve
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each of two tax lots The subnutted plans show each parcel will be developed With two
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attached dwellmgs The utility plans reflect tlus development and must be constructed
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as shown Each lot will be served With an addthonal4 mch hne branchmg off and
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extended from the 6 mch hne m order to serve the addthonal dwellmg unIt
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Condition of Approval #2 Pnor to fInal plat, the apphcant shall obtam necessary
plumbmg pernuts and construct all plpe work proposed on the l'nvate property area In
addIhon, l'nor to fmal plat, an encroacIirnent pernut will be reqUITed for connechng to
the eXlShng 6 mch waste water laterallbcated Wlthm the pubhc nght-of-way and Wlthm
the 7' pubhc utility easement I
Fmdtng Stormwater runoff from the site will be drrected mto a water quahty swale
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located on the east Side of property pnor to dtschargmg mto the eXlShng storm water
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dItch located on the west Side of propew TIns dItch dtscharges to the pubhc system
Berry
Case No SUB200B-00005
4
located m Deadmond Ferry Road TIns dramage dItch chscharges to a 36" culvert that
connects to an eXlSbng 36 mch pubhc storm water pIpe system located m Deadmond
Ferry Road
Fmdmg The sIte utility plan (plan sheet C6) does not address roof run off from the
future dwellmgs TIns can be addressed at the hme of dwellmg constructlOn
CondItion of Approval #3. Pnor to Fmal Plat approval. the apphcant shall obtam
necessary encroachment pernut for all new storm PIPe and np rap work located m the
eXIsbng pubhc dramage dItch located along the west SIde of property
Finding For the water quahty swale, an "eroslOn control" seed nux does not appear to
be specrlIed and the seed nux and apphcahons rates have not been specrlIed
Condition of Approval #4 Pnor to Fmal Plat approval, Idenhfv the a &eed nux for the
water Quahty swale The seed nux shall meet the reQUITements of the CIty'S mtenm
deSIgn standards as reqUITed m Sechon 3 02 of the EDSPM The CIty of Portland
stormwater management manual mav be referenced for deSIgn
Fmdmg- Because vegetahon will serve as the pnmary pollutant removal mechamsm for
the stormwater runoff, sahsfactory pollutant removal will occur only when the
vegetahon has been fully estabhshed
CondItion of Approval #5 The water Quahty swale shall be shall be fully vegetated Wlth
all vegetahon speCIes estabhshed pnor to approval of Fmal Plat Alternahvelv, rl tIus
condIhon cannot be met, the apphcant shall proVIde and mamtam addIhonal mtenm
erOSlOn control/water Quahty measures acceptable to the Pubhc Works Department that
will suffIce unhl such hme as the swale vegetahon becomes fully estabhshed
findIng: There are two eXlsbng curb cuts along the frontage of DeadInond Ferry Road
One will be relocated for the common dnveway The other will be reserved for access
for mamtenance of the dramage way The common dnveway will be 24' Wlde and must
be built to support an emergency velucle It must extend from the nght of way to parcel
2
CondItion of Approval #6 Pnor to approval of the fInal plat, the common dnvewav
must be constructed to support an 80,000 lb rmposed load per 2007 SprmgfIeld Frre
Code 503 2 3 and SFC Appenchx D102 1
ConclUSIOn As condIhoned, the proposal comphes Wlth SDC 512-125(q
D The proposed land dIVISIon shall comply Wlth all applIcable publ1c and pnvate
deSIgn and construction standards contained m tlus Code and other appl1cable
regulations,
Fmdmg- AB shown, the mamtenance easement for the pubhc dramage way IS as narrow
as 5 feet TIns does not comply WIth Sechon 4 07 of the Engmeermg DeSIgn Standards
and Prachces Manual wluch states "Access roads shall be a rrurumum of 15 feet Wlde on
curved sechons and 12 feet on straIght sechons" Based on a SIte VlSlt Wlth the
Mamtenance DtvlSlOn of the Pubhc Works Deparbnent, and m accordance Wlth SDC 4 3-
140, the mamtenance easements will need to be reVISed The easement on the common lot
hue can be 10' Wlde rl rooflmes and overhangs are not allowed There will need to be
Berry
Case No SUB200B-OOOOS
5
adequate area at the NW comer of the sIte for a mamtenance velucle to park and clean out
the culvert I
CondIhon of Approval #7 Pnor to approval of the fmal plat, the plat shall be reVISed to
mclude I
. A 10 foot access easement centered on the common lot hue of parcels 1 and 2, to
allow the oty to access the drarnage easement for mamtenance, and
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. A 25 foot mamtenance/ access easement at the NW comer of the sIte, to allow the
OW to mamtaIn the pubhc drarnage way, and
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. Both easements shall preclude tl:ie construchon any roofhnes and/ or overhangs
that encroach mto the easements'
Conclusion As condItIOned, the propokal comphes WIth SDC 512-125(D)
E Physical features, includIng, but not hnuted to. steep slopes WIth unstable sOIl or
geologic condihons; areas WIth suscephbIhty of floodIng; sIgnifIcant clusters of trees
and shrubs; watercourses shown on the WQLW Map and therr assocIated npanan areas,
wetlands; rock outcroppings; open sp1aces; and areas of historic an<Vor archaeologIcal
sIgnifIcance, as may be specifIed in S~ction 3,3-900 or ORS 97.740-760, 358905-955 and
390235-240, shall be protected as specified m this Code or in State or Federal law
Finding- AccordIng to the FEMA flobdplarn maps, the subject property IS outsIde a
regulated floodplarn I
ConclusIOn: The proposal comphes WIth SDC 5 12-125(E)
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F, Parking areas and mgress-egress pomts have been designed to facIlitate velucular
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traffic, bicycle and pedestrian safety to avoid congeshon, prOVIde connechvity WIthin
the development area and to adjacerit residenhal areas, transit stops, neIghborhood
achVIty centers, and commercIal, mdJstrial and pubhc areas, mmimize dnveways on
arterial and collector streets as specifIea m this Code or other apphcable regulahons and
comply with the ODOT access manag~ment standards for State highways
Finding: There IS a pubhc mamtenan~e access easement that will prevent construchon
on the proposed parcels Instrument #2005-096563 was recorded on December 5, 2005
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That easement must be vacated pnor to approval of the fmal plat
CondItion of Approval #8 The pubhclmamtenance access easement (mstrument #2005-
096563, recorded December 5, 2005) shan be vacated pnor to approval of the fInal plat
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ConclusIOn: The proposal comphes WIth SDC 512-125(F)
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G. Development of any remainder of the property under the same ownership can be
accomphshed as specifIed m this Cod~.
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FmdIng- There IS no adjacent property lunder the same ownerslup
Conclusion. The proposal comphes WIth SDC 512-125(G)
Berry
Case No 5UB200B-00005
6
H Adjacent land can be developed or IS proVIded access that wIll allow ItS development
as specIfied in tlus Code
Finding The site IS bordered by a pubhc dramage way to the west and south There IS a
dwellmg on the property to the east The confIguratIOn does not preclude development
of the adjacent land
ConclUSIOn The proposal comphes With SDC 512-125(H)
I Where the PartIhon of property that IS outside of the CIty llIDlts but wlthm the City's
urbanlzable area and no concurrent annexahon applicahon IS submitted, the
standards specIfied below shall also apply.
findIng- The property IS ffiSlde the City hrruts
ConclUSIOn The proposal comphes With SDC 512-125(1)
J. Where the SubdIviSIOn of a manufactured dwellmg park or mobIle home park is
proposed, the follOWIng approval cnteria apply:
FmdIng- TIns IS not a subdIvlSlon of a manufactured dwellmg park
ConclUSIOn The proposal comphes With SDC 512-1250)
DETERMINATION Based on the eVIdence m the record. the DIrector deternunes the
proposal complies with SDC 512-125(A)-m. subject to the CondItIons of Approval attached
to tlus report.
What Needs To Be Done?
SDC 512-140 states The subdIvision Plat pre-submlttal meeting shall be held WithIn 2 years
of the date of TentatIve Plan approval (the date of tlus letter). The mylars and application fee
shall be subrmtted wltlun 180 days of the pre-subrmttal meehng H the apphcant has not
submitted the PartItIon Plat within these bmes, TentatIve Plan approval shall become null
and VOId and re-subrmttal of the Tentative Plan shall be required
A Fmal Plat apphcatIon IS charged upon subrruttaI of the complete apphcatIon and all requrred
documents, and after all condItIons of approval are met, mcludmg the constructIon of pubhc
and pnvate rmprovements and extensIOn of uhhhes requrred through tlus deCISIOn Upon
signature by the City Surveyor and the Planrung Manager, the Plat mylar may be subnutted to
Lane County for recordatIon No mdIVIduallots may be transferred unhl the Plat is recorded
and the mylar copy of the fIled Partihon IS returned to the City Surveyor,
Berry
Case Na SUB200B-OOOOS
7
Condihons of Approval: Unless othel"Wlse stated, all condihons must be met prior to
approval of the final plat I
Condition of Approval #1: Pnor to fmal plat approval, Parcel 2 must be reVISed to
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contam at least 45 feet of frontage to Deadmond Ferry Road
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CondItion of Approval #2: Pnor to fmal plat, the apphcant shall obtam necessary
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plumbmg pemuts and construct all pIpe work proposed on the pnvate property area In
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addItIOn, pnor to fmal plat, an encroadiment pemut will be requrred for connecbng to
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the eXlSbng 6 rnch waste water lateral located WIthrn the pubhc nght-of-way and WIthrn
the 7' pubhc utility easement I
CondIhon of Approval #3: Pnor to Frnal Plat approval, the apphcant shall obtam
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necessary encroachment pemut for all ~ew storm pIpe and np rap work located rn the
eXlSbng pubhc dramage dItch located along the west sIde of property
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CondIhon of Approval #4 Pnor to F~ Plat approval, IdentIfy the seed rrux for the water
quahty swale The seed rrux shall meet ife requrrements of the CIty's rntenm deSIgn
standards as requrred rn Sechon 3 02 of the EDSPM The CIty of Portland stormwater
management manual may be referenced'for deSIgn
CondItion of Approval #5: The water q~ahty swale shall be shall be fully vegetated WIth
,
all vegetahon spenes estabhshed pnor ~o approval of Frnal Plat Altemahvely, II tlus
condIhon cannot be met, the apphcant shall prOVIde and marntam addIhonal rntenm
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eroSIOn control/water quahty measures acceptable to the Pubhc Works Department that
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will suffIce unbl such hme as the swale regetahon becomes fully estabhshed
CondItion of Approval #6 Pnor to app,roval of the fmal plat, the common dnveway
must be constructed to support an 80,000 lb Imposed load per 2007 Sprrngfteld FIre
Code 503 2 3 and SFC AppendIx 0102 11
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CondIhon of Approval #7, Pnor to approval of the fmal plat, the plat shall be reVISed to
rnclude I
. A 10 foot access easement centered on the common lot hne of parcels 1 and 2, to
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allow the CIty to access the drarnage easement for marntenance, and
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. A 25 foot mamtenance/ access easement at the NW comer of the SIte, to allow the
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CIty to marntam the pubhc drarnage way, and
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. Both easements shall preclude the construchon any rooflrnes and/ or overhangs
that encroach rnto the easements I
Condihon of Approval #8 The pubhc \namtenance access easement (rnstrument #2005-
096563, recorded December 5, 2005) shall be vacated pnor to approval of the fmal plat
Berry
Case No SUB200B-00005
8
Addttional Information. The apphcatIon, all documents, and eVIdence rehed upon by the
apphcant, and the apphcable cntena of approval are available for free InSpectIon and coples are
available for a fee at the Development SerVIces Department, 225 Flfth Street, Sprmgfleld,
Oregon
Appeal: TIus Type II land use deC1SlOn may be appealed to the Plannmg ComnusslOn The
appeal may be flIed Wlth the Development SerVIces Department by an affected party The
appeal must be ill accordance Wlth SDC, SectIon 53-100, Appeals An Appeals apphcatIon
must be subnutted to the Clty Wlth a fee of $250 00 The fee will be returned to the appellant If
the Plannmg ComnusslOn approves the appeal apphcatIon
In accordance Wlth SDC 53-115(B) wIuch provldes for a IS-day appeal perlOd and Oregon
Rules of Clvil Procedures, Rule 10(c) for servlCe of notIce by mail, the appeal penod for tlus
deClslOn exprres at 500 P m on Apnl 9, 2008
Questions' Please call Steve Hopkms ill the Plannmg DlVlSlOn of the Development Servlces
Department at (541) 726-3649lf you have any questIons regardmg tlus process
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Prepared by-
Steve Hopkms, AICP
Planner II
Development ServlCes - Urban Plannmg DlV1SlOn
Berry
Case No SUB200B-00005
9
225 FIFTH STREI: I
SPRINGFIELD, OR 97477
.
Harold and Earlene Berry
462 Springdale Avenue
Spr~ngf~eld, OR 97477
U~ Vl:LUf'Wlt:1V r:;'t:HVILt::;'
PLANNING DEPARTMENT
225 FIFTH STREET
SPRINGFIELD, OR 97477
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Pam Clark
Olson and Morr~s
380 Q Street, Ste 200
Springf~eld, OR 97477
DEVELOPMENT SERVICES
PLANNING DEPARTMENT
225 FIFTH STREET
SPRINGFIELD OR 97477
.... ~...-
James ~nd Joseph~ne Conant
209 Deadmond ~~~TV Rn~c
Spr~ngfield, OR 97477
{J;tJ:uA fI~ ' 8
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