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HomeMy WebLinkAboutMiscellaneous Notice 1997-09-19KNf SPRI.IELD D EV ELOP M ENT S ERVICES DE PART M E NT Notice of Decision - Limited Lsnd use - Tentative Partition Date of Letter Journel Number 97-08-l8l Surueyor September 19,199'l Owner/Applicant Darlene Mrvich Gerald RileY 1279 35th Steet 38415 McKenzie WaY Springfiet4 OR 97478 Springfield' OR 97478 Nature of Request: The applicant requests tentative approval to partition a flaglot from an existing parcel. Location of the Property: The subject prop€rty is located at4l4 - 34th -S@t, in Sp"ringfield. Decision: Tentative Partition Approval , with conditions, as of the date of this letter. Other Uses That Msy Re Authorizrd By The Decision: None. This decision authorizes the creation of one additional parcel. Future development will be in accordance with the provisions of the Springfield Development Code and all applicable permit procedures. Site Information: The subject property is approximately 12,800 square feet in size. The properly is zoned Low Density Residential on the City of Springfietd Zoning Map and the Mid Springfield Refinement Plan. The parent parcel has 100' of frontage on 34th Stre€t. 34th Street is a44' right of way improved with paving curb, gutter, storm sewer, curb side sidewalks and street trees adjacent the subject site. The parcel has two existing gravel driveways with curbcuts and proposes a third. Written Comments: Applications for Limited Land Use Decisions require the notification of property ownerVoccupants within 300 feet of the subject property allowing for a 14 day comment period on the application. One letter of opposition was withdrawn. The letter is available for review upon request. Criteria of Approval: SDC, Article 34, Section 34.050 states: ( The Director shall approve, approve with conditions or deny the request based on the following criteria: (1) The request as conditioned fully conforms to 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. subcriteria a) Lot size and dimensions. Parcel I meets the minimum standards of SDC Section 16.030 (2), requiring 5000 square feet of area and 60 feet of frontage, because 5840 square feet of area and 80 feet of frontage are proposed. Parcel 2 cannot meet minimum frontage standards of SDC Section 16.030(3), requiring panhandle lots to have 26' of frontage where curbside sidewalks exist, because only 20 feet of frontage is proposed. Finding: The Tentative Partition does not meet the minimumfrontage standards of SDC 16.030(3) because 26feet offrontage is required by the Code and 20feet offrontage is proposed. Thefollowing Condition of Approval is appliedforfull compliance with SDC 16.030: h,225 FIFTH STREET SPRINGFIELD, OR 97477 (541 ) 726-37s3 FAX (541 ) 726-3689 CITY OF SPF,,VGFIELD, OREGO'V 2 Mrvich Tentative partr:.-,r Journal #97-08-l8l l) The applicant must revise the Final Partition Plat so that parcel 2 provides 26, of frontage atthe properly line abutting 34th Street. Setbacks' There is an existing residential sructure on Parcel l. Setback ofthe structure from allproperty lines has been maintained in accordance with the minimum standards of SDC Section16.050 because the following letbacks are provided: 10, rear, I l' fronl 5, south side, 12, northside, and the code requires l0 feet in the front and rear yaras, s' on either side. parcel 2 is vacant;l0' perimeter setbacks in accordance with SDC 16.050 will be verified when a plot plan forBuilding permits is submitted. subcriteria b) "...efficient provision of public facilities" water and Electric. The development will receive water service from the springfield utilityBoard (SUB). A suB water line is located in the 34th sre"t righioirr"y. Specific detailspertaining to water service to Parcel2 will be addressed at the tilre of development. Each parcelmust have its own water service in accordance with sDC 32.t20. water service facilities will beinstalled upon the collection of development charges, which are paia air".tty to SUB. contactKen Cerotsky (?46845t) if there are any questions. There is an existing SUB power pole and service located at the southwest comer of the proposedParcel2 of the develop-m"-n] tilt secondary lateral service will be constructed underground inaccordance with sDC 32-120(2). Ed Head or sug Elecric (726-B;rir tt. "ontu.ip"..on.-services will be instalred upon the colrection of developmeoi"rru.g"r.- Right of way construction permits-will be required from the City of Springfield public worksDe.parenent prior to any colstruction in the fubfic right of way. arirftr,, curb, gutter, planterstrips, and sidewalks must be repaired u."o.ding to city of Springfield standard constlctionSpecifications. Finding: The proposed plyu for installation of water and electical serttice comply with theslydards in the SDCfor lhe prwision of key urban serttices because the area cin'be served bySUB and utilities can be located underground. Fire and Life SafeE. Existing mains and hydrants have sufficient size and flow to provide fireprotection to the development area in accordance with SDC 32.120. please contact Al Gerard, Fire and Life Safety at726-2294 if you have further questions. 't Sanitary Sewer. Separate private sanitary sewer services are required to serve each residence in accordance with SDC 32.100 (1). There is one unused stub available at the southwest corner of Parcel2 to serve the development. The existing sanitary lateral bisecting parcel2 and serving Parcel I must be within an easement prohibiting permanent structures, or relocated within an easement. New private sewer easements must be submitted with a surveyor's description for review by the City and a fee to cover filing at Lane County Deeds and Records. City sewer hook- up permits will be required at the time of new connections. Please contact Bob Ketnvig in the Public Works Division (726-4615). Finding: The proposed development meets the provisions of SDC 32.t00 because tle City Engineer has determined that a sanitary sewer trunk line is oyailable to serve the site. Separate services must be provided and protected; thefollowing Condition of Approval is apptiedforfult compliance with this Code: 2) A private sanitary easement must be providedfor atql sewer lateral qtended across Parcel 2 to serve Parcel l. The easement must be shown and noted on the partition plat. 3 Mrvich Tentative Partition Journal #97-08-l8l Storm Drainage. The City storm sewer in 34th Street is of sufficient size to serve the proposed development in accordance with SDC Section 32.110(1). Parcel 2 must provide a plot plan showing positive drainage to the street at the time of Building Permit issuance. Finding: Adequate provisionsfor stormwater runoffto tle City's public stormwater drainage system are provided because the City Engineer has determined the 34th Street stormwater facilities will accommodate the development of Parcel 2. Public Utility Easements. The submitted plan does not include 7' wide public utility easements for the street frontage of Parcels I and2 in accordance with SDC 32.120(5). Finding: No Public Utility fusements aist along the 34th Streetfrontage of the proposed Parcels I and 2. In accordance with SDC 34.070(2), thefollowing Condition of Apprwal is appliedforfull compliance with SDC 32.120: 3) TIE Partition Plat mut be revised to irclude a 7 foot wide public utility easement along 34th Street frontage of P arcels I and 2 in accordance with S DC 3 2. I 2 0. subcriteria c) sstreet improvements" The parent parcel has two curbcuts and gravel driveways abutting an improved public right of way. A third curbcut and access point is proposed to serve Parcel2 in accordance with SDC 32.080(1). The number of access points serving the development area must be reduced by closing the north curbcut of Parcel I and dedicating ajoint accpss and maintenance easement for the driveway and curbcut serving Parcel2 in accordance with SDC 32.080(2). Driveways accessing an improved public right must be paved for the first l8' feet in accordance with SDC Table32-2- Finding: The tentative plat submitted cannot meet the provisions of this code because 3 access points are proposedfor 2 parcels and aisting drtveways accessing improved public right of wry have not been paved. In accordance with SDC 34.070, thefollowing Conditions of Apprwal are appliedforfull compliance with provisions of this Code: 4) In accordance with SDC 32.080(2), the Partition Plat must be revised to provide a joint access and maintenance easementfor thelirst 48feet ofthe panhandle portion ofParcel 2. 5) InaccordancewithSDC 32.080(l), thenorthcurbcutalongthefrontageofParcel I mustbe closed and repaired to City Standord Construction Specifications prior to Final Partition apprwal. 6) In accordance with SDC Table 32-2, the south driveway serting Parcel I must be paved for thefirst 18feet prior to Partition Plat Approval, the panhandle portion of Parcel 2 must be parcd for thefirst lSfeet prior to any building occupancy on the site. subcriteria d) s...natural features' The site is located at4l434th Street Springfield Oregon, otherwise identified as Ta:< Lot 9600 on Lane County Assessor's Map 17-02-31-24. The Metro Plan, the Draft Natural Resources Special Study, the National Wetlands Inventory, the draft Springfield Wetland Inventory Map, and the list of Historic Landmark Sites have been consulted. There are no inventoried natural or historic features on the site. There are no inventoried historic features or archeological sites located on the development site. If any artifacts are encountered during consfuction, there are state laws that could apply, ORS ' 97.740, ORS 358.905, ORS 390.235. If human remains are discovered during construction it is a Class 'C' felony to proceed under ORS 97.740. 4 Mrvich Tentative Partitron Journal #97-08-18l Finding: Stafffrnds this subcriteria is met because the aforementioned resources were consulted and no natural or historic resources have been identifrcd. Ultimate Finding of Fact: Stafffrn& Criterion (l) is met because Subcriteria a-d, as conditioned, fully conform to the requirements of this Code pertaining to lot size and dimensions, the eficient provision of publicfacilities and serttices, street imprwements and consideration of naturalfeatures. (2) The zoning is consistent with the Metro Plan diagram and/or the applicable refinement plan diagram. The subject site is zoned Low Density Residential on the City of Springfield Zoning Map, consistent with the Mid-springfield Refinement plan Diagram. Finding: Staffinds Criterion 2 is met because the zonrng of the subject site is Low Density Residential, consbtent with the Mid Springfield Refinement plan diagram designation (3) Development of any of the remainder of the property under the same ownership can be accomplished in accordance with the provisions of this code. One 12,800 square foot parcel of prop€rty is involved. The property is owned by Darlene Mrvich of 1279 - 35th Streel Springfield, Oregon. Finding: Staf Jinds Criterion 3 is met because tlare is no contiguous property under the same ownership lefi to dtvide. (4) Adjacent land can be developed or is provided access thet wilt allow its development in accordance with the provisions of this code. The subject site is surrounded by platted, residentially zoned lots suMivision lots, served by dedicated right of way. There are no conditions created by this application that prevent development of surrounding property in accordance with the Springfield Development Code. Finding: Stuff rtnds Criterion 4 is met because adjoining property is developed and lus access to dedicated public right ofvay. Conclusion: The Director has determined that the Tentative Partition, as conditioned, fully conforms with the requirements of the Springfield Development Code: Conditions of Approval: l) The applicant must revise the Final Partition Plat so that Parcel 2 prwides 26' of frontage at the property line abutting 34th Street. 2) A private sanitary easement must be prwidedfor arry sewer lateral qtended across Parcel 2 to serve Parcel l. The eqsement must be shown and noted on the partition plat. , fhe Partition Plat must be revised to include a 7 foot wide pubtic utility easement along 34th Street frontage of Parcels I and 2 in accordance with SDC 32. 120. 4) In accordance with SDC 32.080(2), the Partition Plat must be rqised to provide a joint access and maintenance easementfor thefirst 48feet ofthe panhandte portion ofparcel 2. 5) In accordance with SDC 32.080(l), the north curbcut along thefrontage ofParcel I must be closed and repaired to City Standard Construction Specifications prior to Final Partition approval. t. 5 Mrvich Tentative Partition Journal #97-08-l8l 6) In accordance with SDC Table 32-2, the south driveway serving Parcel I must be pavedfor the first 18 feet prior to Partition Plat Apprwal, the panhandle portion of Parcel 2 must be paved for thefirst lSfeet prior to any building occupancy on the site. What Needs To Be Done? The applicant will have up to one year to from the date of this letter to submit a Partition Plat meeting attached Conditions of Approval or Development Code standards and obtain Final Approval. A separate application and fee of $ 210.00 will be required. The complete application packet must be submitted to the Planning Division. The Plat will be reviewed by the Planner and the City Surveyor. Upon signature by the Surveyor and the Planning Manager, the Plat mylar may be submitted to Lane County for recordation. No individual lots may be transferred until the Plat is recorded. and a mylar copy of the filed partition renrrned to the City Surveyor. Additional Information: The application, all documents, and evidence relied upon by the applicant, and the applicable criteria of approval are available for free inspection and copies are available at a cost of $0.75 for the fint page and $0.25 for each additional page at the Development Services DeparEnent 225 Fifth Street, Springfield, Oregon. Appeat: If you wish to appeal this Type II Limited Land Use Tentative Partition Approval decision, you must do so within l0 days of the date of this letter. Your appeal must be in accordance with SDC, Article 15, Appeels. Appeals must be submited on a City form and a fee of $250.00 must be paid at the time of submittal. The fee will be returned to the applicant if the Planning Commission approves the appeal. Questions: Please call Jim Donovan in the Planning Division of the Development Services Departnent at (541) 726-3660 ifyou have any questions regarding this process.