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HomeMy WebLinkAboutPermit Notice 1998-01-09{^^t,- CITY OF SPRINGFIELI) DEVELOPMENT SERVICES DEPARTMENT 225 FIFTE STREET SPRTNGFIELD, OREGON 97 477 541.7263759 NOTICE OF DECISION - LOT LINE ADJUSTMENT JOI.JRNAL NUMBER 97-10-238 DATE OF LETTER January 9, 1998 APPLICAIITISTJRYEYOR J.T. Mclaughlin P.L.S. P.O. Box 10682 Eugene, OR 972140 PROPERTY OWNER Helen Jones 2310 Norttr 196 Street Springfield, OR97477 EXPLANATION OF THE NATT]RE OF THE APPLICATION The intent of this application is to modifr the common property line of two existing tacts of land to allow the major portion of an orchard to remain with the existing residence. LOCATION OF THE PROPERTY The property is located at2530 North lgth Street (Assessofs Map #17-03-24-31, Ta:t Lots 2100 and 2200). DECISION Conditioned Preliminary Approval. When the conditions attached to this request have been met Final Map Approval will be granted. PRELIMINARY APPROVAL E)(PIRES 90 DAYS TROM THE DATE OF TIIIS LETTER OTHER USES TIIAT MAY BE AUTHORIZED BY TI{E DECISION None. Page2 LLA97-10-238 BACKGROUND Both tracts of land: l) are located outside of Springfield's city limits, within the City's urban services boundary; 2) are relatively flat; and border North l9s Streeg which is currently unimproved. Tax Lot 2100 contains part of an orchard; Ta:r Lot 2200 contains an existing house and part ofan orchard. Staffapproved a Lot Line Adjustnent application on this property in 1990 (Jo. No. 90-04-59). A condition of that application was the dedication of right-of-way (30 feet to centerline) for North 196 Street. At that time, North 196 Street was not classified as a collector street. Before this submittal, the applicant used the Pre-Application Conference process (Jo. No. 97-06-147). Staffinitially reviewed that application as a subdivision proposal. However, after meeting with the applican! staffcommented upon the proposed project as a Lot Line Adjustnent. Some of the issues raised in the Pre-Application Conference letter dated September 2, 1997 arc raised under criterion 3., on Page 3 of this report. CRITERH OF APPROVAL SDC 33.030 states: "The Lot Llne Adjustmmt does not: (1) Create a new lot or land-locked parcel; Tax Lots 2100 and 2200 akeady exist as two individual tacts of land. Both tracts of land have frontage on North 196 Street. The Lot Line Adjustnent proposes to: l) Decrease the frontage of Tax Lot 2100 from approximately 120 feet to approximately 25 feet; and 2) Increase the frontage of Tax Lot 2200 from approximately I 04 feet to approximately 200 feet. Both tracts of land will continue to have frontage on North 196 Street. Upon approval of this application: l) No new lot will be created; or 2) No land-locked parcel will be created. Finding: Because no new lot or landlocked parcel will be created, this application complies with criterion (l). "(2] Reduce an utsttng lot below the mlnlnum dlmenslons atabltshed by the appltcable z.oning dlstrlct or otherwlsevlolate the standards of the Sprlngfield Developmmt Code, or Structursl Speclalty and Flre and Llfe Salay Code;" The property is located outside of Springfield's city limits, within the City's urban services boundary. The zoning of the properly is Low Density ResidentiaVUrban Fringe - l0 (LDR/[ F - l0) and the desigrration is LDR/UF - l0 on the Mefro Plan diagram. SDC 16.030(1), (2) and (3[b) state: 'The minimum lot size in all residential districts shall be as follows: Lots on east-west streets shall have a minimum lot size of 4,500 square feet and a minimum lot frontage of 45 feet Lots on north-south streets shall heve a minimum lot size of 5,000 square feet and a lot frontage of 60 feet In the rcsidential dlstricts, panhandle lots created through the Subdivision and Partition proc€ss shall have at least 6'fiX) squsre feet in the pan portion, exclusive of the driveway (panhandle). In the case of one single family dwelling a single panhandle shall have a minimum of 20 feet of frontage if setback sidewalks are to be installed, and 26 feet of frontage if curb side sidewalks are to be installed...." NOTE: Technically, no panhandle is being created as part of this application. Therefore SDC 16.030(3Xb) does not apply. See the discussion under criterion (3) on Page 3 ofthis report. Page 3 LLA97-10-238 North 196 Street is a north-south street. The future cul-de-sac street is east-west in orientation. However, use of a "panhandle" for driveway access to Tax Lot 2100 is temporary until there is a need to dedicate and improve a new street. Upon approval of this application, Tax Lot 2100 will contain 27 ,966 square feet and Tax 2200 will contain 57,880 square feet. Both tracts of land exceed the standards specified in SDC 16.030(1), (2) and (3Xb). Other standards of the Springfield Development Code, and Structural Specialty and Fire and Life Safety Code have been reviewed. This application does not violate applicable standards of these codes. Finding: Because both tacts of land will continue to exceed the standards of SDC 16.030(1) and (2), and does not violate the above referenced codes, this application complies with criterion (2). '(3) Impede the lnplementotlon of adopted fiansportatlon or publlcfacllltla plans or approved Conceptual Developmcnt Plons;" North 196 Street is listed as a collector street on the Conceptual Road Network Map. Collector and arterial streets appear in TransPlan, the local adopted transportation plan. North lg6 Steet is currently unimproved. The following transportation issues were raised in the Pre-Application Conference letter, dated September 2,1997 and relate to this criterion: l. The minimum right-of-way width for a collector street is 70 feet, which means that an additional 5 feet of right- of-way dedication is from bottr tracts of land is necessary. SDC 33.060(1) allows staffto require right-of-way dedication as a condition of approval for this application. However, no additional right-of-way dedication is required at this time. The need for any additional dedication of right-of-way will be discussed when future development of Ta,x Lot2200 and/or the property to the north is proposed. Until that time, the recording of a deed restriction will protect the City's interest concerning the right-of-way dedication issue. 2. No street improvements for North lg6 Street are required at this time. However, SDC 33.060(2) does give staff the authority to require the sigrring of an Improvement Agreement as a condition of approval of this application obligating the current owner or any subsequent owner(s) to participate in the future improvement of North lgth Street. 3. No "panhandle" is being created as part of this application. The proposed driveway access to Ta>r Lot 2100 is in reality an area which must be reserved for an east-west cul-de-sac street to serve any future development of Ta:r Lot 2200 and/or the abutting property to the north. At that time, the street must be dedicated and constmcted. All access to any new lots or parcels must be from this street. The Final Map must show the future right-of-way area to include one-half of the cul-de-sac bulb; this area must be marked "reserved for future right-of-way." 4. SDC Table 32-1 states that the minimum right-of-way for a street less than 1,200 feet in length and 1,000 vehicle trips per day is 40 feet (28 feet curb to curb); the bulb diameter is 83 feet (70 feet curb to curb). Note: If the properly owne(s) to the north do not wish to constnrct their portion of the street when Tax Lot 2200 is further developed, a2l3 steetmust be constructed within the area "reserred for future right-of-way''. This will allow any future lots or parcels crated from Ta:r Lot 2200 to be served by a public street. This necessitates the recording of a deed restriction on Tax Lot2200 guaranteeing the dedication of right-of-way for and improvement of the cul-de-sac sfreet. 5. SIrc 16.050(7) states: 'When additional right-of-way is required, whether by City Engineering standards or the Metro Plan including TransPlan, setbacks shall be based on future right-of-way locations., All applicable setbacks for any development on Tax Lot2l00 must comply with SDC 16.050(7). Page 4 LLA97-10-238 This application, as conditioned, will not impede the implementation of any adopted tansportation plans. The property is not within the boundary of any adopted public facilities plans or approved Conceptual Development Plan. Finding: Because the implementation of existing transportation or public facilities plans will not be impeded; and there are no approved Conceptual Development Plan that apply, this application, as conditioned, complies with criterion (3). Conditions: 1. A deed restriction on Ta:r Lot2200 recorded at Lane County at the property owner's expense stating (The dedicstion additional right-of-way for North 19th street may be required when future development of Tax l-at2200 is proposed.' 2. The sigrring of an Improvement Agreement on a City form for the future improvement of North 196 Street along the frontage of both tracts of land. 3. On the Final Map, show the "panhandle", i.e., one-half of the future east-west cul-de-sac steet including the bulb. Mark this area *reserved for future right-of-way." An additional notation shall state: "A driveway may continue to exist until such time as the east-west cul-de-sac street is constructed to City standards.' 4. A deed restriction on Tax Lot 2100 recorded at Lane County at the property owner's expense stating: *The owner of Tax Lot 2100 must participate in the dedication and construction of an east-west street at such time either Tax Lot 2200 or the property to the north is further developed.' and "All applicable setbacks for any development on Tax Lot 2100 must comply with SDC 16.050(7)." 5. A second deed restriction on Ta:r Lot2200 recorded at Lane County stating: 'The owner of Tax l-ot2200 must participate in the dedication and construction of an east-west street at such time either Tax L,ot 2200 or the property to the north is further developed." *(1) Violate any previous requiremmts or conditions the Approval Authority may hove imposed at a prior public hearhg or meethg; and" All of the conditions of approval of the 1990 Lot Line Adjustnent (Jo. No. 90-09-59) have been met. There are no other previous SDC or Building Code standards that apply to these tracts of land. Finding: Because there are no previous requirements or conditions which need to be addressed as part of previous applications and there are no applicable Building Code standards that apply to this application, criterion (4) does not apply. '(5) Redalgn or recontlgure lars x,Ahbt a subdtvblon by o serla of Lot Llae AdJustuun&. Lol llne AdJusfiunb whbh oeate two lobfiom three lols shaV not be consldered a rcdatgn or reconflgurullon of loh.' The property is not within a platted subdivision. Finding: Because the property is not within a platted subdivision, criterion (5) does not apply. Page 5 LLAg',t-10-238 GENERAL FIIIDING, Because all apolicable criteria of approval of SDC 33.030 can be met, as conditioned, the Director grants this Lot Line Adjustnent application preliminary approval. WHAT NEEDS TO BE DONE TO OBTAIN FINAL MAP APPROVAL? The Springfield Development Code requires that a surveyor set new property pins and creates new legal descriptions. These conditions must be completed within 90 days of the date of this letter: The Final Map: A Final Map must be prepared by an Oregon Registered Surveyor or Engineer which meets the Lane County Surveyor's standards for a land survey. This map shall include the revised property dimensions and the following language: *FINALMAP" "This Lot Line Adjustnent modifies Tax Lots 2100 and 2200,Lane County Assessor's Map 17-03-24-31 Springfield, Lane County Oregon. Notation: Ref. City Jo. No. 97-10-238. After recording at Lane County, two copies of the Final Map (showing the County recording number and two copies of the new legal descriptions of the reconfigured tacts of land must be returned to the City along with: l. A copy ofthe two recorded deed restriction for Tax Lot2200; 2. The original recorded Improvement Agreement document must be returned to the City with the Final Map. 3. Any conditioned language required to be on the Final Map relating to the future street area. 4 . A copy of the recorded deed restriction for Tax Lot 2 I 00 . APPEALS This Lot Line Adjusment request is a decision of the Director and as such can be appealed to the Planning Commission. The appeal may be filed with the Development Services Deparrnent within 10 calendar days of the date of this decision. The appeal must be in accordance with the SDC Article 15, APPEALS. QUESTTONS Please call the Development Services Departrnent at (503) 726-3759 if you have any questions regarding this process. BY Karp L--.-. Planner III 4dcSPRINGFTELD CITY 0F SPRiNGFIELD Planning and Builoing Department DATE OF LETTER February 6,1989 DATE OF MEETING February 2, 1989 APPL ICANT Daniel Batty 517 C Street Spri ngfiel o, 0regon 97477 SUBJECT OI.INER n 97 477 City Journal Number 89-01-13. Pre-Appiication Conference to discussof Tax Lot 00700 and 00701, Assessor's Map 17-03-24-00, locateo at 253 Springfield,0regon. ap ON roposed partition orth 19th Street, ATTENDANCE Appiicant: Daniei Batty;0wner: Theooore Jones; City staff: Greg Mott ancl Cindie Harmon. ACTION No formal action was taken, this meeting was hel<l to provioe the applicant wfth information prior to submitting a fonnal application for a Minor Partition. DISCUSSION The items discussed may not incluoe all issues which may be reviewed as part of the actual appl ication. Assessor's Map L7-03-24-00 Tax Lots 00700 an<l 00701. The property current.ly has twotax lots. It is the consensus of those involved that because the County has no recordof a Partition the lots were created for tax purposes and do not qualify as separatebuiloing lots. A single farnily residence exists on Tax Lot 00700. Tax Lot 00701 is under orchardcuitivation. The northern 700 feet +/. is in the 100 year flooo plain and outside of lhe City's Urban Growth Bounrlary; the remaincler of the property is zoned LDR-UF/IO. The property extends from Yolanoa Avenue on the south to McKenzie-River on the north. 1 2 2530 North 19th Str re Jones r 3 Basecl on the section 29.070(5)(c) "A majority of parceis locateo with 100 feet of theproperty to be partftione0 shail be smaller than 5 acres." A maximum of two lots coul0 be created through a l,linor Partition appi ication. A deed restrictfon wil i be required prohibiting future 0ivisions unless annexed and subclivided. 4. A Future Development Plan will be requireo. Written approvai wiii be required from the Lane County Sanitarian stating that the newiot will accommodate a dweiling unit. Deoication of right-of-way wiil be requireo. The oeoication wiii be determine0 after reviewing the proposed Future Development. Pian. Prior to issuance of an 0ccupancy Permit the dedicated right-of-way rvil1 need to be irnproved. The type of improvements have yet to be deterrnined. Aooitionai informationwiil need to be gathered before a 0ecision is rendered. PROCEDURE 5 6 7 A Minor Partition application is necessary. An application form has been provioed. cut-off oate for application submittal is any Friday. The application fee fs $200. QUESTI0NS The Please caii Development Code Administrator Greg Mott at 726'3759 if you have any questions regarding this process. PREPARED BY cyn ia L. Harmon Development Permit Coorctinator Copy to: DRC l-lembers