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
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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."
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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.
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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..."
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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 $5.00 per page (additional) to Lane County Deeds and Records sha// a/so be provided. Please
contact Masod Mirza, City Transportation Engineer, at 7264585 with any guestions.
NATURAL AND HISTORIC FEATURES
The Hydric Soils Map, the Draft Springfield Wetlands lnventory Map, NationalWetlands Map, and the FEMA
flood zone maps do not indicate any water related natural features on this site
The property is located within the Washburne Historic Landmark District and was inventoried as a'primary
significant contributing" property (highest rating). The Washbume Historic District is noted for its
neighborhood street character, including: the scale of buildings, large street trees and mature private
landscaping. The neighborhood is generally composed of single-family homes on large lots with accessory
structures located off the alley. The subject properly is 15,617 square feet. Dividing the property into two
parcels of approximately 60' X 120' in size, is consistent with the characteristic 60' X 120' lot size of the
district. Any new construction (including modification to the accessory structure on Parcel 2) will be reviewed
by the Springfield Historic Commission and must be compatible with the size, scale, color, material and
character of the property per SDC 30.100. The design review is intended to assess the architectural and
communig features of the proposed construction which are essential to the preservation of the district
character.
Finding: The property is identified as a significant histoic resource. The proposed partition is consistent with
the characteistic lot size of the district. New construction must meet the sfandards of SDC 30.100.
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l2l THE ZONTNG rS CONSTSTENT WITH THE METRO PLAN DIAGRAM AND/OR APPLTCABLE
REFINEMENT PLAN DIAGRAMS.
The property is zoned Low Densi$ 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
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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.
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