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HomeMy WebLinkAboutNotice PLANNER 3/17/2008 ~ , cX~tL -' , Date Received AFFIDAVIT OF SERVICE MAR 1 7 2008 Onglnal Submittal () 't- STATE OF OREGON) )ss County of Lane ) 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 a,Qd caused to be mailed copies of SV82008-orJooB YitFt/.-u cg lliut,-, <Ax. - Hvd'.:ku-t -1?: ~ (See attachment "A") on 3/1 i? , 200a addressed to (see Attachment B"), by causing said letters to be placed In a U S mall box With postage fully prepaid thereon ~~RJ(~ STATE OF OREGON, County of Lane I/t1IIM flrL L ~, ,200a Personally appeared the above named Karen LaFleur, Program TechniCian, who acknowledged the foregOing Instrument to be their voluntary act Before me .....--.________._________1 ! . OFFICIAL SEAL '1 , BRENDA JONES j ! ) NOTARY PUBLIC OREGON I j COMMISSION NO 379218 I 6 MY COMMISSION EXPIRES MAY 27, 2008,1 L~_ ,LI/ u - -1Y1Iuf 01 ~I My CommiSSion Expires TYPE II TENTATIVE PARTITION REVIEW, STAFF REPORT & DECISION PrOject Name R Keepers Investments CommercIal PartItIOn uate r\eCtllvc;J. Project Proposal. PartItion one commercial parcel mto two commercIal parcels MAR 1 7 2008 t1r1-- Case Number, SUB2008-00008 Project LocatIon 1881 & 1887 2"d Street (Map 17-03-26-24, Tax Lot #1100) Zomng Commumty Commercial (CC) ComprehensIve Plan DeSIgnatIon' CC (Q Street Refinement Plan) Pre-SubmIttal Meetmg Date Jan 18, 2008 ApplIcatIon SubmItted Date Feb 7,2008 DeCISIOn Issued Date: March 18, 2008 RecommeudatIon, Approval wIth CondItIons Appeal DeadlIne Date, Apnl 2, 2008 Natural Features None DenSIty: NI A Associated ApplIcatIOns DRC2006-00083, DRC2006-00084, PRE2008-00002 CITY OF SPRINGFIELD DEVELOPMENT REVIEW TEAM I POSITION I Prolect Manager I TransportatIon PlannIng EngIneer I Pubhc Works EngIneer I Public Works EngIneer I Deputy Fire Marshal I Commumty ServIces Manager REVIEW OF Planmng TransportatIOn UtIlities Sanitary & Storm Sewer Fire and Life Safety , BUlldmg APPLICANT'S DEVELOPMENT REVIEW TEAM Owner' Nathan Keepers R Keepers Investments, LLC PO Box 703 Pleasant HIli, OR 97455 ApplIcant Pam Clark Olson & Morns 380 Q Strcet, SUIte 200 Spnngfield, OR 97477 NAME Andy Llmblrd Gary McKenney Matt Stouder Matt Stouder Gilbert Gordon Dave Puent PHONE 726-3784 726-4585 736-1035 736-1035 726-3661 726-3668 Engmeer, Scott Morns Olson & Morns 380 Q Street, SUIte 200 SprIngfield, OR 97477 DECISION TentatIve Approval, wIth conditIons, as of thc date of thiS letter The .tandards of the Sprmgfield Development Code (SDC) applicable to each criterion of PartItIon Approval are listed herem and are satIsfied by the snbmltted plans and notes nnles. specifically noted With, findmgs and conditIons necessary for compliance PUBLIC AND PRIVATE IMPROVEMENTS, AS ':"ELL AS THE FINAL PLAT, MUST CONFORM TO THE SUBMITTED PLANS AS CONDITIONED HEREIN ThIS IS a limited land nse decIsIOn made accordmg to CIty code and state statntes Unless appealed, the decIsion IS final Please read thiS docnment carefnlly, (See Attachment A and Page 11 for a summary of the conditions of approval) OTHER USES AUTHORIZED BY THE DECISION None Future development will be m accordance With the provIsions of the SDC, filed easements and agreements, and all applicable local, state and federal regulatIOns The applicant's responsibilities and obligatIOns arlsmg from the site plan reView approval for the subject property (DRC2006-00083) remam m full force and effect, and are not obViated by the partition tentative approval REVIEW PROCESS This application IS reviewed under Type II procedures listed m SDC 5 1-130 and the partition criteria of approval, SDC 5 12-100 ThiS applicatIon was accepted as complete on February 7, 2008 ThIS deCISion IS Issued on the 40th day of the 120 days mandated by the state SITE INFORMATION The subject property IS a rectangular shaped lot comprISmg approximately 27,365 ft2 (063 acres), and contams a vacant reSidential dwellmg at the 2nd Street frontage and a commercial bUlldmg under construction at the rear of the parcel The reSidential dwelling IS to be removed to achieve full development of the property m accordance With an approved commerCial site plan TDRC2006-00083) The property IS zoned and deSignated Commumty Commercial (CC) m accordance With the Q Street Refinement Plan The properties to the north and south are zoned and deSignated CC and have been developed With commerCial bUlldmgs A commerCial sIte to the west (across 2nd Street) IS developed WIth a shoppmg center Properties to the northeast and east are zoned and deSignated High DenSity ReSIdentIal (HDR), and some have been developed With multi-family housmg The Assessor's deSCription for the subject property IS Map 17-03- 26-24, Tax Lot 1100 Approval of the proposed partition would create two CC parcels - one With frontage on 2nd Street and the other accessed by a shared driveway With aJomt access easement WRITTEN COMMENTS' Procedural Fmdmg Apphcatlons for Limited Land Use DeCISIons reqUire the notificatIOn of property owners/occupants wlthm 300 feet of the subject property allowmg for a 14 day comment period on the applicatIon (SDC 5 1-130 and 5 2-115) The applicant and partlcs submlttmg written comments durmg the notIce period have appeal rights and are mal led a copy of thIS deCISIon for consIderatIOn Procedural Fmdmg In accordance With SDC 5 1-130 and 5 2-115, notICe was sent to property , owners/occupants wlthm 300 feet of the subject site on February 12,2008 No wntten comments were received CRITERIA OF PARTITION TENTATIVE APPROVAL SDC 5 12-125 states that the Director shall approve or approve With condItions a Partition Tentative Plan application upon detenmmng that cntena A through I of thiS Section have been satisfied If condItions cannot be attached to satisfY the cntena, the Director shall deny the application A The request conforms to the prOVISions of this Code pertammg to lot/parcel sIZe and dImenSIons Fmdmg I Pursuant to SDC 32-315, commercial parcels shall have a mmmlUm parcel sIze of 6,000 square feet With 50 feet of street frontage 2 Fmdmg 2 In accordance wIth SDC 32-315, proposed Parcell meets the mmlmum reqUIrements for parcel SIze and street frontage Proposed Parcel 2 meets the mmlmum reqUIrements for parcel Size Fmdmg 3 Pursuant to SDC 32-315(1), the DIrector may waive the requirement that bUIldable commercial lots/parcels have frontage on a publIc street when all of the followmg apply (a) the lots/parcels have been approved as part of a Development Area Plan, SIte Plan, SubdIvIsion or PartItIon applIcatIOn, and (b) access has been guaranteed vIa a prIvate street or drIveway by an Irrevocable Jomt use/access agreement as specified 10 SectIOn 4 2-120A Fmdmg 4 In accordance wIth SDC 3 2-315(1)(a), the proposed lots are to be created by the subject partItIOn applIcatIon, and a commercial sIte plan has been preVIOusly approved for the property (DRC2006-00083) Fmdmg 5 Access to Parcel 2 IS proposed vIa a Jomt use drIveway wIth an Irrevocable Jomt use easement Therefore, 10 accordance wIth SDC 3 2-315(I)(b), Parcel 2 does not reqUIre frontage on a publIc street Conclusion ThIs proposal satIsfies CrIterIon A B The zonmg I~ consIstent wIth the Metro Plan dIagram and/or apphcable Refinement Plan dIagram, Plan DIstrIct map, and Conceptual Development Plan Fmdmg 6 The subject property IS desIgnated Community Commercial (Ce) by the Metro Plan diagram and the Q Street Refinement Plan The zonmg of the property IS CC, consIstent WIth the Metro Plan and the adopted Refinement Plan, and the apphcant IS not proposmg to change the zOning desIgnatIon ConclusIOn 11us proposal satIsfies CrItenon B C CapacIty reqUIrements of pubhc Improvements, mcludmg but not hmlted to, water and electrICIty, samtary sewer and stormwater management facIlItIes, and streets and traffic safety controls shall not be exceeded and the pubhc Improvements shall be avaIlable to serve the sIte at the hme of developmcnt, unless otherwise provIded for by thIS Code and other apphcahle regulahons, The Pubhc Works DIrector or a utIhty proVIder shall detcrmme capacIty ISsues, General FlI1dmg 7 For all pubhc Improvements, the applIcant shall retam a prIvate professional CIvil engmeer to desIgn the partitIon Improvements 10 conformance WIth CIty codes, thIS decIsIOn, and the current Engmeermg De5/gn Standards and Procedure I Manual (EDSPM)I The prIvate cIvIl engmeer also shall be reqUIred to provIde constructIon mspectlOn servIces General Fmdmg 8 CIty BUlldmg PermIts are reqUIred for mstallatlon of prIvate utIlItIes Developers arc adVIsed to obtam necessary CIty permIts prIor to mltIatlOn of constructIon actIvIty General Fmdmg 9 The PublIc Works DIrector's representatIves have reVIewed the proposed partItIon City staff's review comments have been mcorporated 10 find lOgs and condItIOns contamed herem General Fmdmg 10 CrIterIon C contams sub-elements and applIcable code standards The partItIon applIcatIon as submItted complIes With the code standards lIsted under each sub-element unless otherwIse noted WIth specIfic find lOgs and ConclusIOns The sub-elements and code standards of CrIterIon C mclude but are not lImIted to PublIc Improvements 10 accordance With SDC 4 2-1 00 and 4 3-100 o PublIc and PrIvate Streets (SDC 4 2-105 -4 2-145) o Sanitary Sewer Improvements (SDC 4 3-105) o Storm water Management (SDC 4 3-110 - 4 3-115) 3 o Utlhtles (SDC 4 3-120 - 43-130) o Water Service and Fife ProtectIOn (SDC 43-130) o Pubhc and PrIvate Easements (SDC 4 3-140) Pubhc and Private Streets Fmdmg II The subject property was approved for development of two commercial bUlldmgs comprIsmg a total of 9,760 ft' (DRC2006-00083) Abuttmg the subject site to the west, 2"d Street IS a 36-foot wide paved roadway m a 60-foot wide rIght-of-way Average datly traffic along thiS street IS estimated to be fewer than 2000 vehicle trIpS per day The street IS Improved with curb and gutter, a curbside sIdewalk (to the north and south of the subject Site), and low pressure sodIUm (LPS) streethghtmg A street hght IS locatcd at the northwest corner of the property There IS no sidewalk along the property frontage, and the apphcant will be mstalhng a sidewalk 10 accordance with the approved commercial site plan for the property Fmdmg 12 The LPS streethghtmg on 2"d Street does not meet current City standards, and future upgrades may be reqUired The apphcant has executed and recorded an Improvement Agreement for 2"d Street for future street hghtmg Improvements Fmdmg 13 In accordance With SDC 4 3- I 40, new street trees are reqUired where development abuts pubhc street rIghts-of-way Where street trees cannot be planted 10 the rIght-of-way, trees 10 the front yard setback can be substituted for street trees 10 accordance With SDC 4 2-140 B Mamtenance of street trees on prIvate property IS the responsibility of the landowner Fmdmg 14 The apphcant will be mstalhng new street trees wlthm the front yard setback of Parcel 2 10 accordance With the approved landscapmg plan for the site ConclUSIon As proposed and previously condItioned under the approved SltC plan for the property (DRC2006-00083), eXlstmg transportatIOn faclhtles would be adequate to accommodate the additional volume of traffic generated by the proposed development 10 a safe and effiCient manner Samtary Sewer Improvements Fmdmg 15 Section 4 3-105 A of the SDC reqUires that samtary sewers shall be mstalled to serve each new development and to connect developments to eXlstmg mams AdditIOnally, mstallallon of samtary sewers shall provide suffiCient access for mamtenance activIties Fmdmg 16 The apphcant has shown the proposed extension of pnvate samtary sewer pipes as depicted on Plan Sheet 3 Approval for the locatIOn and placement of the prIvate sanItary sewer hnes was obtamed With the site plan review for the property (DRC2006-00083) Fmdmg 17 The proposed samtary sewer hnes are adequate to serve the proposed dcvelopment Stormwater Management Fmdmg 18 SectIOn 43- I lOB of the SDC requires that the Approval AuthOrIty shall grant development approval only where adequate pubhc and/or prIvate stormwater management system proVISIOnS have been made as determmed by the Pubhc Works Director, consistent With the EDSPM Fmdmg 19 SectIOn 43-110 D of the SDC reqUires that runoff from a development shall be directed to an approved stormwater management system With suffiCIent capacity to accept the discharge 4 Finding 20 SectIon 43-110 E of the SDC reqUlrcs new developments to cmploy draInage management practIces that mlmmlze the amount and rate of surface runoff Into receivIng streams, and that promote water quality FIndIng 21 Under Federal regulation of the Clean Water Act (CWA), Endangered Species Act (ESA), and National Pollutant Discharge ElimInatIon System (NPDES), the City of Spnngfield IS reqUired to obtaIn, and has applied for, a Mumclpal Separate Storm Sewer System (MS4) permit A provIsIOn of this permit rcqUlres the City to demonstrate efforts to reduce the pollution In urban stormwater to the Maximum Extent PractIcable (MEP) FIndIng 22 Federal and Oregon Department of Environmental Quality (ODEQ) rules reqUire the City'S MS4 plan to address SIX "MInimum Control Measures" MInimum Control Measure 5, "Post- ConstructIOn Stormwater Management for New Development and Redevelopment", applies to the proposed development FIndIng 23 MInimum Control Measure 5 requires the City of Spnngfield_ to develop, Implement and enforce a program to ensure the reductIOn of pollutants In stormwater runoff to the MEP The CIty also must develop and Implement strategies that Include a combInatIOn of structural or non-structural Best Management Practices (BMPs) appropnate for the commumty FIndIng 24 MInimum Control Measure 5 reqUires the City of Spnngfield to use an ordInance or other regulatory mechamsm to address post-constructIOn runoff from new and re-development projects to the extent allowable under State law Regulatory mechamsms used by the City Include the SDC, the City'S Engineering DeMgn Standards and Procedures Manual and the future Storm water FaCIlities Master Plan (SFMP) FIndIng 25 As reqUired In SDC 4 3- I 10 E, "a development shall be reqUired to employ draInage management practIces approved by the Public Works Director and consistent [with] the Engineering De"gn Standards and Procedures Manuaf' FIndIng 26 SectIOn 302 of the City'S EDSPM states the Public Works Department Will accept, as Intenm deSign standards for stormwater quality, water quality faCIlitIes deSigned pursuant to the poliCies and procedures of eIther the City of Portland (BES), or the Clean Water Services (CWS) FIndIng 27 The storm water management plan for the subject Site, as depicted on Plan Sheets 3 and 4, was approved under the prevIous site plan review applicatIon for the property (DRC2006-00083) FIndIng 28 A vegetated water quality swale, approved under the prevIous SIte plan review application, IS proposed to be located In the southwest comer of Parcel 2 After plattIng of the partItIOn plan, the swale Will be servIng two separate propcrtles for water quality control The applicant has proposed a vanable Width pnvate utility and stormwater draInage easement and maIntenance agreement for the vegetated swalc The draInage easement IS proposed to be recorded agaInst Parcel 2 for the benefit of both parcels FIndIng 29 The applicant has proVided a copy of the proposed stormwater draInage easement and maIntcnance agreement With the subject partitIon applicatIon However, the agreement does not specify a maIntenance plan for the water quality swale that deSignates maIntenance scheduling or responsibility CondItIons of Approval 1 Pnor to approval of the FInal Plat, the applicant shall proVide the City With a copy of a proposed mallltenance agreement for the water quality swale that IS acceptable to the Public Works Department The agreement shall proVide a mallltenance schedule and deSignate responsibility for routIne swale mallltenance 5 2 The swale mdmtenance al,'Teement shall be recorded concurrently with the variable wIdth private utlhty and stonnwater dramage easement shown on Parcel 2 UtIlIties Fmdmg 30 SectIOn 4 3-140 A of the SDC requIres each developer to make arrangements WIth the utIhty provIder to provide utilIty lInes and facilitIes to serve the development area Sprmgfield UtilIty Board (SUB) Electric IS the proVIder for electncal servIce to the subject property Fmdmg 31 In accordance WIth SDC 4 3-120 B, the applIcant IS responsible for the cost of desIgn and mstallatlOn of utIlIty lInes and faCIlItIes to serve the development area Fmdmg 32 ProvIsIon of utIlItIes to serve the subject sIte was addressed m the prevIous site plan revIew applIcatIOn for the property (DRC2006-00083) Water ServIce and FIre ProtectIon Fmdmg 33 SectIOn 4 3-130 A of the SDC reqlllres each development area to be provIded With a water system havlOg suffiCIently SIzed malOs and lesser lInes to furnIsh adequate supply to the development and suffiCIent access for malOtenance SUB Water coordlOates the design of the water system wlthlO SprlOgfield CIty lImits FlOdmg 34 The blllldlOgs on proposed Parcels I and 2 are to be served WIth a water system approved under sIte plan revIew applIcatIon DRC2006-00083 The Fire Marshal's office advises that water supply and access are adequate to serve the development area AddItIOnally, a fire hydrant IS to be lOstalled at the northwest corner of the sIte to serve the subject property and nearby SItes FlOdlOg 35 The dnveways and dnvlOg aIsles wlthm the subject sIte are not suffiCiently WIde to pennlt parklOg on one or both Sides Therefore, lo accordance WIth the prevIous sIte plan approval for the sIte' (DRC2006-00083), park 109 shall be prohIbIted on both SIdes of the pnvate dnveway servlOg Parcels I and 2 FlOdlOg 36 At least three (3) feet of clear space shall be proVided around all FIre Department connectIons lo accordance WIth the Spnngfield FIre Code (SFC) 508 5 5 PublIc and Private Easements FmdlOg 37 SectIOn 43-140 A of the SDC reqUires applIcants propos 109 developments to make arrangements With the City and each utIlIty provider for the dedication of utilIty casements necessary to fully servIce the development or land beyond the development area The mInimum WIdth for PublIc UtIlIty Easements (PUEs) adjacent to street nghts-of-way shall be 7 feet The ITIlnlmUm WIdth for all other publIc utIlIty eascments shall be 7 feet unless the PublIc Works Dlrcctor reqUires a larger easement to allow for adequate malOtenance FlOdlOg 38 There IS an eXlstlOg 5-foot WIde PUE along the 2"d Street frontage of proposed Parcel 2 The applIcant IS propos 109 to record a second, parallel PUE that IS 2 feet Wide to achIeve a total of 7- foot PUE WIdth along the property frontage FlOdlOg 39 The applIcant has proposed a 7-foot WIde PUE along the entIre northern edge ofthe subject slle However, there are no eXlstlOg or proposed publIc utIlItIes depicted wlthlO the PUE along the northern property IlOe The applIcant's UIIlIty plan (Sheet 3) depIcts only pnvale underground utilItIes wlthlO the proposed 7-foot WIde PUE 6 FIndIng 40 The applIcant has proposed a variable-wIdth private utIlIty and stormwater draInage easement to accommodate the underground and above-ground private stormwater management features servIng Parcels 1 and 2 FIndIng 41 The applIcant IS propOSIng a variable-WIdth private lITevocable JOInt use recIprocal easement and maIntenance agreement for the shared driveway and parkIng lot servIng Parcels I and 2 A portIOn of the Interior parkIng lot landscapIng IS WithIn the proposed JOInt use easement However, the proposed recIprocal easement does not speCify that the Irrevocable easement Includes proVISIons for shared access FIndIng 42 The maIntenance agreement for the shared driveway, parkIng lot and landscapIng areas does not Include a schedule ofroutIne maIntenance or deSIgnate responSIbIlIty for maIntenance of these areas Cond.tJons of Approval 3 Prior to approval of thc FInal Plat, thc applIcant shall prOVIde the CIty WIth a copy of the proposed maIntenance agreement for the shared driveway, landscapmg and parkIng areas The agreemenl shall prOVIde a maIntenance schedule and deSignate responSIbIlIty for routIne mamtenance of the subject area 4 The text on the partition plan shall be reVIsed to specIfy that the variable-WIdth private Irrevocable jomt use reCIprocal easement IS also for access Addlllonally, the lIde block on the accompanymg easement document shall be reVIsed to specify that the easement IS also for access 5 Prior to or concurrent WIth recordIng of the Fmal Plat, the Irrevocable private jomt use and access easement shall be executed and recorded, and eVidence thereof prOVIded to the City 6 Prior to or concurrent WIth recordIng of the Fmal Plat, the variable-Width private utilIty and stormwater draInage easement shall be executed and recorded, and eVidence thereof proVided to the City 7 Prior to approval of the FInal Plat, the applIcant shall proVIde InformatIOn to the City clarifyIng the need for a 7-foot WIde PUE along the northern property lIne of Parcels 1 and 2 The easement shall be dedIcated as a private utIlIty easement unless the easement IS to contaIn utilIties that are reqUIred for publIc use ConclUSIOn As condItIOned hereIn, thIS proposal satIsfies Criterion C D The proposed development shall comply WIth all dPplIcable pubhc and prIvate deSIgn and constructIOn standards con tamed m th,s Code and other apphcable regulatIOns General FIndmg 43 Criterion D contaInS two elements WIth sub-elements and applIcable Code standards The partItion applIcatIOn as submItted complIes WIth the code standards lIstcd under each sub-element unless otherwIse noted WIth speCific findIngs and conclUSIOns The elements, sub-elements and Code standards of Criterion D Include but are not lImited to D 1 Conformance With standards ofSDC 3 2-300 (CommerCial ZonIng), SDC 4 4-100 (LandscapIng, Screemng and Fence Standards), SDC 46-100 (Vehicle ParkIng, LoadIng and BIcycle ParkIng Standards), and SDC 517-100 (SIte Plan ReView) o Parcel Coverage and Setbacks (SDC 3 2-315) o Height Standards (SDC 3 2-315) o LandscapIng Standards (SDC 4 4-1 05) 7 o ScreenIng (SDC 4 4-110) o Fence Standards (SDC 4 4-115) o On-SIte LIghtIng Standards (SDC 4 5-100) o VehIcle ParkIng Standards (SDC 4 6-100) D 2 Overlay Dlstncts and ApplIcable Refinement Plan ReqUIrements o 1 he site IS not withIn a TIme of Travel Zone for SprIngfield drInkIng water wells o The sIte IS wIthIn the Q Street Refinement Plan area D I Conformance wIth standards of SDC 32-300 (CommercIal Zonmg), SDC 44-100 (Landscapmg, Screenmg and Fence Standards), SDC 46-100 (VehIcle Parkmg, Loadmg and BIcycle Parkmg Standards), and SDC 5 17-100 (Site Plan RevIew) Parcel Coverage and Sethacks FIndIng 44 The applIcant IS propOSIng to retaIn one commercIal bUIldIng on each of the two parcels The bUIldIng on Parcel I IS under constructIon and meets the reqUIrements of SDC 3 2-315 for bUlldmg setbacks The future bUIldIng on Parcel 2, as depIcted on the approved sIte plan (DRC2006-00083), also wIll meet the reqUIrements of SDC 3 2-315 for bUIldIng sctbacks HeIght Standards FIndIng 45 The commercIal bUIldIngs to be constructed on proposed Parcels I and 2 were reVIewed and approved under PlannIng Case DRC2006-00083 In accordance wIth SDC 3 2-315, there IS no buddIng heIght lImitation for commercial bUIldIngs where the sIte abuts other commercIal sItes and hIgh densIty resIdentIal (HDR) parcels The buddIng under constructIon on Parcell IS approxImately 34 feet hIgh, and the future bUIldIng on Parcel 2 (frontmg onto 2nd Street) IS to be approxImately 28 feet hIgh Landscapmg Standards FIndIng 46 The site development approved under DRC2006-00083 meets the reqUIrements of SDC 4 4-105 for landscaped setbacks and Intenor parkIng lot landscapmg Screemng FIndIng 47 The property ImmedIately to the east of the development area IS zoned and desIgnated for high densIty reSidentIal development, although thiS property IS presently undeveloped The approved site landscapIng plan depIcts tree plantIngs and a contInUOUS screenIng hedge Installed along the east property lIne of the sIte In accordance With SDC 44-100 B I, vegetative screenIng can be used WIth the proVISion that the plantIngs attam at least a 6-foot height WIthIn four years FIndIng 48 The applicant wIll be screenIng thc trash enclosure area 10 accordance With the approved sIte plan and prOVIsIons of SDC 4 4-110 A 4 Fence Standards FIndIng 49 The Devclopment Code regulates the heIght and style of fencIng In commercIal dIStrIcts Ilowever, there IS no reqUIrement for fencmg betwecn adjacent commercial propertIes, or between commercIal and HDR properties where screenIng IS proVided 8 I I Fmdmg 50 The lIghtmg plan approved for the site provides for mstallatlOn1of shielded and downcast lIghtmg fixtures to I1lummate the development area It IS not expected that the outdoor parkmg lot and buIldmg lIghtmg wIll cause lIght trespass onto adjacent properties I On-Site Llghtmg Standards Vehicle Parkmg Standards Fmdmg 51 The development approved under Plannmg Case DRC2006-00083 meets the requIrements of SDC 4 6-125 for provISIon of adequate vehicle parkmg spaces ConclusIOn This proposal satisfies Cntenon D I D 2 Overlay Districts and Apphcable Refinement Plan ReqUIrements Fmdmg 52 Development Review staff have reviewed the applIcalion m regard to the Dnnkmg Water Protection (DWP) Overlay Dlstnct and Refinement Plan reqUirements The applIcant IS reqUired to abide by the DWP requIrements ansmg from the sIte plan review for the development (DRC2006- 00083) Fmdlllg 53 The development IS consistent With provIsions of the adopted Refmement Plan for the area ConclUSion ThIs proposal satisfies Cntenon D 2 E Physical features, mcludmg, but not hmlted to, steep slopes wIth unstable SOIl or geologiC conditions, areas With suscephblhty of floodmg; slgmficant clusters of trees and shrubs, watercourses shown on the Water Quahty LimIted Watereonrse Map and theIr assocIated riparian areas, wetlands, rock outcroppmgs, open spaces, and areas of historic and/or archaeologIcal slgmfieanee, as may be speCIfied m SectIOn 33-900 or ORS 97,740-760, 358905-955 and 390235- 240, shall be protected as speCified m this Code or m State or Federal law FlIldmg 54 The site does not contam steep slopes or unstable soIls Fmdmg 55 The site IS not wlthm an Idenlified wetland area and does not contam significant trees or shrubs A tree felllllg pennlt was approved for the property m conjunctIOn With the sIte plan revIew applIcatIOn (DRC2006-00084) FlIldlllg 56 The Metro Area General Plan, Water QualIty LimIted Watercoursc Map, State Designated Wetlands Map, Hydnc SOIls Map, Wcllhead ProtectIOn Zone Map, FEMA' Map and the lIst of Hlstonc Landmark sites have bccn consulted and there are no features needmg to bc protected or preserved on thiS site If any artifacts are found dunng constructIOn, there are state 'laws that could apply, ORS 97740, ORS 358 905, ORS 390 235 Ifhuman remams are discovered dunng constructIOn, It IS a Class "C" felony to proceed under ORS 97 740 ConclusIOn 11l1S proposal satisfies Cntenon E F, Parkmg areas and mgress-egress pOInts have been designed to' facIlitate vehicular traffic, bicycle and pedestrian safety to aVOId congeshon, proVIde eonnechvlty wlthm the development area and to adjacent resIdential areas, tram"t stops, neighborhood activity centers, and commerCial, mdustrlal and pubhc areas, mm,mlze driveways on arterial and collector streets as speCIfied m th,s Code or other apphcable regulahons and comply With the ODOT access management standards for State highways 9 I Fmdmg 57 The Development Review Committee reviewed the proposed 2-10t partitIOn at a meetIng on , March 4, 2008 The approved dnveway IS sufficlcnt to serve thc proposed parcels , Transportation System Impacts FIndIng 58 AbuttIng the subject site to the west, 2"d Street IS a 36-foot wide paved roadway wlthm a 60-foot wide nght-of-way The roadway IS classified as a local street and IS (or will be) fully Improved with curb and gutter, sldewa]k, street lightIng and street trees The proposed partition should have no appreciable traffic Impacts to the adjacent publIc street system The approved site plan for the property (DRC2006-00083) considered potential traffic Impacts anSIng from commercial development of the site There IS no requlfement to reVIsit the traffic Impacts generated by the development unless a future site plan modificatIOn IS requested FIndIng 59 Assumed development also may generate pedestnan and bicycle tripS AccordIng to the "Household" survey done by LCOG In 1994, ] 2 6 percent of household tripS are made by bicycle or walkIng and ] 8 percent are by transit bus These tripS may have their ongIns or destInatIOns at a variety of land uses, mcludmg thiS site Pedestnan and blcyc]e tnps create the need for Sidewalks, pedestnan croSSIng Signals, crosswalks, bIcycle parkIng and bicycle lanes FIndIng 60 The nearest regular transit bus service IS prOVided by LTD Routes #]8 (MohawklFalrvlew) and #19 (FmrvlCw/Mohawk) operatIng along Q Street Another bus route (#12 - Gateway) operates along 5"' Street about three blocks east of the subject site SIte Access and CIrculation FIndIng 6] ]nstallatlOn of driveways on a street Increases the number of traffic conflict pOInts A greater number of conflict pOInts Increases the probability of traffic crashes SDC 42-] 20 A ] stipulates that each developed parcel shall have "an approved access " FIndIng 62 The applIcant proposes to access Parcel 1 from 2,d Street via a JOInt use easement across Parcel 2 As preViously condItIOned, the Jomt use easement IS to be reVised to specIfy that It IS for shared acces~ and recorded pnor to or concurrcnt With the partition plat FIndIng 63 As proposed and conditioned herem, Ingress-egress pOInts will be planned to faCIlItate traffic and pedestnan safety, aVOid congestIOn and to mInimiZe curb cuts on publIc streets as speCified In SDC 4 1 to 4 3, 5 ] 5 and 5 17, applIcable zonIng and overlay dlstnct Articles, and applIcable refinement plans ConclUSIOn ThiS proposal satisfies Cntenon F G Dcvclopmcnt of any remamder of the property under thc same ownershIp can be accomplIshed as speclficd ID thIS Code FIndIng 64 1 here IS no other property under the same ownership that can be further developed ConclUSion ThiS proposal satisfies Crltenon G H AdJaccnt land can be developed or IS proVIded access that wIll allow ItS development as spcclficd m thIS Code FIndIng 65 Adjacent land IS currently developed With commerCial bUIldIngs or reSidential dwellIngs and has access to publIc streets 10 I , I I Where the PartitIon of property that IS outsIde of the CIty lImIts but wlthm the CIty'S urbamzablc arca and no concurrent annexatIon applIcation IS submItted, the standards' spectlied below shall also apply I I Fmdlng 66 The property Involved In thiS proposal IS inSide the City lImits Therefore, thiS COndition does not apply ConclUSIOn ThiS proposal satisfies Cntenon H ConclUSIOn ThiS proposal satisfies Cntenon I CONCLUSION The tentative partItIOn, as submItted and condItioned, complIes WIth CrIterIa A-I of SDC 5 12-125, PortIons of the proposal approvcd as submItted may not be substantlvcly changed dunng plattmg WIthout an approved modIficatIOn applIcation m accordance WIth SDC 512-145 The applIcant's oblIgations arIsmg from the commercIal sIte plan approved for the property (Plannmg Case DRC2006-00083) remam m effect. What nceds to be done The applIcant wIll have up to ()ne vear fr()m. the date of thIS letter to meet the applIcable conditions of approval or Development Code standards and to submit a Fmal Partition Plat Please refer to SDC 512-135 & 5 12-140 for more Infonnatlon THE PUBLIC AND PRIVATE IMPROVEMENTS AND THE FINAL PLAT MUST BE IN SUBSTANTIAL CONFORMITY WITH THE TENT A TIVE PLANS AND THE CONDITIONS OF APPROVAL The Fmal Plat IS reqUIred to go through a pre-submittal process After the Final Plat applIcation IS complete, It must be submitted to the Spnngfield Development Services Department A separate applIcallon and fees Will be reqUIred Upon signature by the City Surveyor and the Plannmg Department, the Plat may be submitted to Lane County Surveyor for signatures pnor to recording No mdlvlduallots may be transferred unlll the plat IS recorded and five (5) copIes of the filed partItIOn are returned to the Development Servlccs Department by the applIcant CONDITIONS OF APPROVAL 1 Pnor to approval of the Fmal Plat, the applIcant shall proVide the City With a copy of a proposed mamtenance agreement for the water qualIty swale that IS acceptable to the PublIc Works Department The agreement shall proVide a maintenance schedule and deSignate responSibilIty for routme swale mamtenance 2 The swale mamtenance agreement shall be recorded concurrently With the vanable Width pnvate utilIty and stonnwater dramage easement shown on Parcel 2 3 Pnor to approval of the Final Plat, the applIcant shall proVide the City With a copy of the proposed maintenance agreement for the shared dnveway, landscapmg and parkmg areas The agreement shall proVide a mamtenance schedule and deSignate responSibilIty for routme mdlntenance of the subJcct area 4 The text on the partitIOn plan shall be reVised to specIfY that the vanable-wldth pnvate Irrevocable Jomt use reciprocal easement IS also for access AdditIOnally, the title block on the accompanYing easement document shall be reVised to specIfY that the easement IS also for access 5 Pnor to or concurrent With recording of the Fmal Plat, the Irrevocable pnvate lomt use and access easemcnt shall be executed and recorded, and eVidence thereof prOVided to the City \ 6 Pnor to or concurrent With record 109 of the Fmal Plat, the vanable-wldth pnvate utilIty and storm water drainage easement shall be executed and recorded, and eVidence thereof prOVided to the City II I I 7 Pnor to approval of the Fmal Plat, the applicant shall provide mformatlOn to the <CIty clantymg the need for I a 7-foot wIde PUE along the northern property Ime of Parcels I and 2 The easement shall be dedIcated as a I pnvate utlhty easemcnt unless the easement IS to CO'l1tam utIlitIes that are requlred(Or pubhc use AddItIonal Inform<ltlOn The apphcatlon, all documents, and eVIdence relied upon by the applicant, and the , apphcable cntena of approval are avaIlable for free mspectlOn and copIes are aVatlable for a fee at the Development ServIces Department, 225 Filth Street, Spnngfield, Oregon i I Appeal ThIS Type 11 TentatIve PartItIon deCISIon IS consIdered a deCISIon of the DIrector and as such may be appealed to the Plannmg CommIssIon The appeal may be filed WIth the Development ServIces Department by an affected party The appeal must be m accordance WIth SDC 5 3-100, Appeals An Appeals applIcatIOn must be submitted to the CIty WIth a fee of $25000 The fee Will be returned to the appellant If the Plannmg COmmiSSion approves the appeal applicatIOn In accordance WIth SDC 5 3-115 which proVides for a IS-day appeal penod and Oregon Rules of CIvIl Procedures, Rule IO(c) for servIce of notIce by maIl, the appeal penod for tb,s deCISIOn explfes at 500 P m, on AprIl 2, 2008 QuestIons Please call Andy Llmblrd m the Plannmg DIVISIon of the Development ServIces Department at (541) 726-3784 or ematl alImblrd@cl sorml!field or us If you have any questIons regardmg thiS process Pm,.", ~/ Encl Attachment A - TentatIve PartItIOn Plan 12 Please be advIsed that the foIlowmg IS provIded for mformatIon only and IS not a component of the partItIon decIsIOn ' FEES AND PERMITS Svstems Develooment Chames The apphcant must pay apphcable Systems Development Charges when bUlldmg permits are Issued for developments wIthm the CIty hmlts or wlthm the Spnngfield Urban Growth Boundary The cost relates to the amount of mcrease m ImpervIous surface area, transportatIon tnp rate, and plumbmg fixture UnIts (Spnngfie1d Code Chapter II, ArtIcle II) Some exceptions apply to Spnngfield Urban Growth areas Systems Development Charges (SDCs) WIll apply to the construction ofbUlldmgs and site Improvements wlthm the subject sIte The Charges WIll be based upon the rates m effect at the time of penmt submittal for bUlldmgs or sIte Improvements on each portIon or phase of the development SanItarv Sewer In-LIeu-Of-Assessment Pay a SanItary Sewer In-Lleu-Of-Assessment charge m addItIon to the regular connectIOn fees If the property or portIons of the property bemg developed have not previously been assessed or otherwIse partIcIpated m the cost of a pubhc sanItary sewer Contact the Engmeenng DIVISIOn to determme If In-Lleu-Of-Assessment charge IS apphcable lOrd 5584] Pubhc Infrastmcture Fees It IS the responslblhty of the pnvate developer to fund the pubhc mfrastructure reqUIred to prOVIde utlhtleS to the property Other Cltv PermIts . BUlldmg PermIt - ReqUIred for construction of sIte Improvements and bUlldmgs, mcludmg II1stallatlon of utlhtles . Encroachment PermIt or Sewer Hookup PermIt - ReqUIred for workll1g wIthm a nght-of-way or pubhc easement Example a new tap to the public storm or sanItary sewer, or adJustmg a manhole The current rate IS $130 for processmg plus applicable fees and depOSIts . Land & Dramage Alteralton PermIt (LDAP) - An LDAP WIll be reqUired for sIte constructIOn Contact the Sprmgfield Public Works Department at 726-5849 tor appropnate application reqUIrements AddItIOnal oermltslaoorova]s that mav be necessarv . Plumbll1g Pennlt . Pavll1g penn It . Electncal Penmt . DIVISion of State Lands (stormwater dIscharge, wetldnd~) . Department of Environmental Quality (erosIOn control, stormwater discharge, wetlands) . 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