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HomeMy WebLinkAboutMiscellaneous Correspondence 1998-02-274W SP. .JGFIELO CITY OF SPR OREGO'V DEVELOPMENT SERVICES DEPARTMENT 225 FIFTH STREET SPRINGFIELD, OR 97477 (s41 ) 726-37s3 FAX (541) 726-3689 NOTICE OF DECISION . LIMITED LAND USE. TENTATIVE PARTITION DATE OF LETTER February 27, 1998 JOURNAL NUMBER 97-11-245 Shirley Shoudy 546 7th Street Springfield, OR. 97477 SURVEYOR Branch Engineering 310 Fifth Street Springfield, OR97477 Attn: David Brown EXPLANATION OF THE NATURE OF THE APPLICATION The applicant has submitted an application to the City of Springfield to partition a lot into two (2) parcels. LOCATION OF THE PROPERTY The property is located at 546 7th Street (assessor's map 1 743-35-25, tax lot 4400). The property is located within the Washburne Historic Landmark District and within the City limits. BACKGROUND/SITE !N FORMATION The subject property is 15,617 square feet. A residence, constructed in 1907, is located on Parcel 1, approximately 13 feet south of 'E' Street. Parcel 2 contains a garage, located approximately 14 feet north of the alley. This application was initially proposed as a 3-lot partition. Development proposals within the Washbume Historic District require review by the Springfield Historical Commission and the State Historic Preservation Office (SHPO). Both review bodies recommended denial because: 1) Parcel 3 does not conform to the characteristic lot size of the Historic District; 2) a 3Jot configuration crowds the historic appearance and neighbors on E Street; and 3) the proposal compromises the historic integrity of the area. However, both the Historic Commission and SHPO advised approval of the application as a 2-lot partition divided east-west perpendicular to 7th Street. Considering the comments provided by both review bodies, the applicant subsequently revised the proposal to a 2{ot partition. The following review is based on the revised 2-lot partition proposal. PROPERTY OWNER/APPLICANT I The property is zoned Low Density Residential (LDR) with a Historic District (H) Overlay, which is consistent with the Metro Plan designation. WRITTEN COMMENTS Limited Land Use Decisions require the notification of property owners/occupants within 300 feet of the proposed development allowing tor a 14 day comment period prior to the staff decision. No written enmments were received regarding the partition of the lot into 2 parcels. Note: One wriften comment was received applicable to the 3lot partition proposal. The author was opposed to a 3-lot division because it was not compatible with the neighborhood lot configuration. The letter also stated that a 2-lot division was preferable because it would allow the area to retain its distinctive character. CRITERIA OF APPROVAL Section 34.050 of the Springfield Development Code states: The Director shall approve, approve with conditions or deny the request based on the following criteria: (1) THE REQUEST AS CONDTTTONED FULLY CONFORMS WTH THE REQUTREMENTS OF THIS GODE PERTAINING TO: LOT SIZE AND DIMENSIONS, THE EFFIGIENT PROVISION OF PUBLIC FACILITIES AND SERVICES, SAFE AND EFF|CIENT VEHTCLE AND PEDESTRTAN MOVEMENT, AND GONSIDERATION OF NATURAL FEATURES. LOT SIZE AND DIMENSIONS SDC 16.030 states:"The minimum lot size in al! residential districts shall be as follows: (f ) Lots on east-west streets shall have a minimum lot size of 4,500 square feet and a minimum lot frontage of 45 feet. (2) Lots on northcouth streets shal! have a minimum lot size of 5,000 square feet and a minimum lot frontage of 60 feet. The property is located at the southwest intersection of 7th and 'E" Streets. "E" Street is an east-west street; 7th Sheet is a north-south street. Parcel t has frontage on both'E'and 7th. Parcel2 has frontage on 7th Street with secondary access to the alley south of the property. The size and street frontage widths of the proposed lots are as follows : Parcel 1: a) 7936 sq. ft. b) 61.99' of frontage on 7th Street and 128' of frontage on "E" Street. Parcel 2: a) 7681 sq. ft. b) 60' of frontage on 7th Street. FINDING: Because Parcels 1 and 2 exceed the minimum lot size and frcntage sfandads of SDC 16.030, this citerion is met. SDC 16. f 00(bX2) states: "Accessory structures must be constructed in conjunction wlth or after constructlon of the primary structures; they may not be bullt in advance." SDC 30.010 states: "The regulations of the H Overlay District shall supplement the regulations of the underlying district. ln cases where the regulations conflict, the H Overlay Distric regulatlons shall superted the underlying district regulations." 2 SDC 30.020 states: "The purpce of this Article is to encourage the preservation and adaptive use of ldentified Historic Landmark Structures and Sites. A garage (accessory structure) is the only structure on Parcel 2. lf Parcel 2 is platted, it will contain an accessory structure without a primary structure. However, the accessory structures and outbuildings on lots within the Historic District are an integral to the historic values of the area. The regulations of Article 30 are intended to encourage the preservation and adaptive use of these historic structures.' FINDING: Because an accessory structure ts consfructed on Parcel2 in absence of a pimary structure, Parccl 2 does not meet SDC 16.100 (b)(2) . However, the purpose of Article 30, to encouruge preseruation and adaptive use of identified Histoic Landmark Sfrucfures and Srfes supersedes the underlying LDR district regulations. ln order to encourage retention of this histoic tesource, the garage may remain on Parcel 2 provided that the applicant record a deed restiction which states that any new dwelling on Parcel 2 shall inarporate the gange into the design of the new dwelling. Gondition 1) Provide a recorded deed restriction on Parcel 2 which states that a new dwelling shall incorporate the existing garage into the the design of the dwelling. THE EFFICIENT PROVISION OF PUBLIC FACILITIES AND SERVICES Water SDC 32.120(3) states: "Each development area shall be provided with a water system having sufficiently s.ized ma:ns and tesser lines to fumish adequate supply to the development Fire hydrants and malns shall be lnstatled by the developer as requircd by the Firc Marchal! and the utility provider. Springfield Utility Board (SUB) currently provides water service to Parcel 1 from a 14" line in 7th Street. Water service to Parcel 2 can be stubbed out from this line. Finding: Both parcels have or can be prcvided with water seruice. Because each lot has access to adequate water lines, this citerion has been met. Note: Please refer to the attached memo from SUB for specific requirements. lf you have any questions, please contact Ken Cerotsky (726-2396). Electriclty SDC 32.120 states: "(1)b. The developer shall be responsible for the design, installation and cost of utitity lines and facilities to the satisfaction of the utility provider." SDC 32.f 20(5) stiates: "An applicant proposlng a development shall make arrangements with the Clty and each utility provider for the dedication of uttlity easements necessary to fully service the development. The standard width for public utllity easements adjacent to street rights of way shall be 7 feet. The minimum width for all other publiC utitity easements shatt be l0 feet unless otherwise speclfied by the utility provider or the Glty Englneer. Where feasible, utility easements ehall be centered on a lot line." There is existing electrical service available from the powerpole located in the alley at the southwest @mer of Parcel 2. Parel l is cunenty served ftom this location. ln order to rnaintain service to Parcel 1, a 5 foot- wirJe PUE is required across Parcel 1, centered on the existing overhead elec-tric service line to the house on Parcel 1. An additional 5 foot-wide PUE is required along the west property line of Parcel2. A7 foot-wide PUE along tre fullfrontage of the site must also be dedicated to the City on the Final Partition Plat. Electric services will be installed upon the collection of development charges. Dang Nygen of SUB Electric is the contact person. 3 Finding: Electrical seryice is available to serue this development, however, dedication of two 5 fat-wide PUE'I, and a 7 fat-wide PUE along the frontage of 7th Street, is necressary to fully seruie the development. Condition 2) Show on the Final Plat: a) 5 foot-wide PUE across Parcel 1 centered on the existing overhead electric service line to the house on Parcel; b) 5 foot-wide PUE along the west property line of Parcel 2; and 3) 7 foot-wide PUE adjacent to the 7th Street right- of -way. Sanitary Sewer SDC 32.100 (1), states: "(l)...sanitary aewera shall be installed to serue each new development and to connect developments to new mains. lnstallation of sanitary aewela shall comply with the provlsions of this code, the Standard Constructlon Specifications, Chapter 2 of the Glty Code, and Department of Envlronmental Quality (DEO) regulations. ln addition the following shall apply: (a) All sanitary sew6r mains shall be at least 8 lnches in diameter and al!sewer laterals shall be at least 4 inches ln diameter... Section 32.f 00(2) states: 'The City Englneer shall approve all sanitary aewer plans and proposed systems prlor to development approval." There are cunently two sewer stubs ftom the 1O-inch main in the alley within the frontage of Parcel2. lt is the developeds intent to provide a temporary 5 foot-wide private sewer easement over Parcel 2 to benefit Parcel 1. The proposed easement extends through the existing garage. The applicant intends to relocate service for Parcel 1 to a new connection when Parcel2 is developed. The applicant's sanitiary sewer plan is unacceptable to the City Engineer because: a) the private easement extends through a building, and b) the proposed connection does not provide a permanent sewer connection for Parcel 1. Finding: Because the applicant's san/a4ysewer plan dres not provide permanent sanitary sewer seruice and the proposed easement extends through a building, the proposed sewer plan is not acceptable to the CiU Engineer. ln oder to adequately provide sanitary sewer seruice and insure maintenance of the sewer lateral to Parcel 1, the sanitary seruice to Parcel 1 must be relocated to the existing westely sewer tap within a permanent Sfoot-wide pivate easement. ln the altemative, a sewer plan acceptable to and approued by the City Engineer must be provided prior to Final Plat Approval. Condition 3) Relocate sanitary sewer service for Parcel 1 to the westerly.sewer tap. Provide a recorded copy of a 5 foot-wide private sanitary sewer easement across Parcel 1 for the lateral line to Parcel 2. ln the altemative, a sewer plan acceptable to and approved by the City Engineer shall be provided prior to Final Plat Approval. Note; Please contact Ken Vogeney in the Engineering Division (726-3625) with any questions. Storm Sewer SDC 32.110, Storm Dralnage, states: " (1) The approval authority shall grant development approvat only wherc adequate provlslons for storm and flood water run-off to the Glty's storm water drainage system have been made as determined by the City Engineer. The storm water system shall be sepanted fiom any sanitary aewer system. Surface water drainage pattems shall be shown on every SIte Plan and Flnal Plat... (4) A development shall be rcqulred to employ drainage management practlces approved by the Clty Englneer and conslstent with Metro Plan policies whlch minimize the amount and rate of surface water run-off lnto recelvlng streams. Run-off from impervious surfaces shall be directed to an approved dralnage way or dralnage system with sufficient capacity to accept the dlscharge..." 4 The City Engineer has determined the existing public storm system is adequate to serve the development site as proposed. All runoff from the site must be directed to either 7th Street or E Street. Connections to the public system by weep holes in the curb will be required at the time of Building Permit. Finding: The existing public storm dninage sysfems in 7th and "E" Sfieefs are adequate to carry run-off from the prcposed development. Sform and rcof runoff is rcquircd to be directed to the existing public stormwater facilities at the time of building permit approval. SAFE AND EFFICIENT VEHICLE AND PEDESTRIAN MOVEMENT SDG 32.020 2(b) states, "All lots and development shall have approved access to a public street...All streets and alleys shal! be dedicated and lmproved in accordance with this article." SDC 32.020(f 0)(b)4a, Exceptions, stiates, "ln allother cases of unlmproved streets, an lmprovement Agreementshal! be rcquired as a condition of DevelopmentApproval, postponing improvements until such time that a Clty street improvement project is initiated." Both proposed parcels have ftontage along fully improved rightsof- way (7th and 'E" Streets). Parcel 2 has secondary access on an unimproved alley. Finding: Parcel2 has access to an unimprcved alley. Ihis access does not meetthe improvement standards of Article 32. SDC 32.020 requires that an lmprovement Agreement, which postpones improvements until such time that a City sfieef improvement project is initiated,ls srgned pior to development approval. This citeria can be met if an lmprovement Agreement is recorded pior to Final Plat approval. Condition 4) Provide a signed and recorded lmprovement Agreement prior to Final Plat approval. Nofe: The applicant's surueyor shall provide a legal desciption of the area. A check for a recording fee of $15.00 plus $5.00 per page (additional) to Lane County Deeds and Records sha// a/so be provided. Please contact Masod Mirza, City Transportation Engineer, at 7264585 with any guestions. NATURAL AND HISTORIC FEATURES The Hydric Soils Map, the Draft Springfield Wetlands lnventory Map, NationalWetlands Map, and the FEMA flood zone maps do not indicate any water related natural features on this site The property is located within the Washburne Historic Landmark District and was inventoried as a'primary significant contributing" property (highest rating). The Washbume Historic District is noted for its neighborhood street character, including: the scale of buildings, large street trees and mature private landscaping. The neighborhood is generally composed of single-family homes on large lots with accessory structures located off the alley. The subject properly is 15,617 square feet. Dividing the property into two parcels of approximately 60' X 120' in size, is consistent with the characteristic 60' X 120' lot size of the district. Any new construction (including modification to the accessory structure on Parcel 2) will be reviewed by the Springfield Historic Commission and must be compatible with the size, scale, color, material and character of the property per SDC 30.100. The design review is intended to assess the architectural and communig features of the proposed construction which are essential to the preservation of the district character. Finding: The property is identified as a significant histoic resource. The proposed partition is consistent with the characteistic lot size of the district. New construction must meet the sfandards of SDC 30.100. 5 l2l THE ZONTNG rS CONSTSTENT WITH THE METRO PLAN DIAGRAM AND/OR APPLTCABLE REFINEMENT PLAN DIAGRAMS. The property is zoned Low Densi$ Residential (LDR) with an H-Overlay (Historic District). This zoning is consistent with the Metro Plan designation. Finding: Staff finds this citeion has been met. (3) DEVELOPMENT OF ANY REMATNDER OF THE PROPERTY UNDER THE SAME OWNERSHIP CAN BE ACCOMPLISHED IN ACCORDANCE WITH THE PROVISIONS OF THIS CODE. The proposal is to partition the property. The proposed lot sizes after partition and the location of existing structures preclude further division. Finding: Because the paftition will create lots that can not be further divided due to the size, this citeia does not apply. (4) ADJACENT LAND CAN BE DEVELOPED OR rS PROVTDED WTH ACCESS THAT WLL ALLOW tTS DEVELOPMENT IN ACCORDANCE wlTH THE PROVISIONS OF THIS CODE. All adjacent properties have access to local streets ('E" Street or 7th Street). The Springfield Conceptual Street Network Plan does not indicate any proposed streets within the subject property. Finding: Stafffnds that this citeion has been met. Gonditions of Approval 1. Provide a recorded deed restriction on Parcel 2 which states that a new dwelling shall incorporate the existing garage into the the design of the dwelling. 2. Show on the Final Plat a) 5 foot-wide PUE across Parcel 1 centered on the existing overhead electric service line to the house on Parcel; b) 5 foot-wide PUE along the west property line of Parcel 2; and 3) 7 foot- wide PUE adjacent to the 7th Street right- of- way. 3. Relocate sanitary sewer service for Parcel 1 to the westerly sewer tap. Provide a recorded copy of a 5 botwide private sanitary sewer easement across Parcel 't for the latera! line to Parcel 2. ln the altemative, a sewer plan acceptable to and approved by the City Engineer shall be provided prior to Final Plat Approval. 4. Provide a signed and recorded lmprovement Agreement prior to Final Plat approval. What Needs To Be Done? The applicant will have up to two years from the date of t to meet any of the attached conditions or Development Code standards and to obtain Final Plat Approval. A separate application and fee of $210.00 will be required. The application must be submitted to the Springfield Development Services Deparfnent. The plat itself will be revieured by the City Surveyor. Upon signature by the City Surveyor and the Planning Manager, the Partition Plat mylar may be submitted to Lane County for recordation. No individual lots may be transferred until the Plat is recorded. and a mvlar copy of the filed oartition returned to the City Surveyor. Additional lnformation: 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 6 the first page and $0.25 for each additional page at the Development Services Department,22S Fifth Street, Springfield, Oregon. Appeal: lf you wish to appealthis Type ll Limited Land Use Tentative Partition Approvaldecision, you must do so within 10 days of the date of this letter. Your appeal must be in accordance with SDC, Article 15, Appeals. Appeals must be submitted 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 application. Questions: Please contact Lauren Lezell in the Planning Division of the Development Services Department at (541)726-2301 if you have any questions regarding this process. 7