HomeMy WebLinkAboutPermit Miscellaneous 1998-09-25C'TY OF OBEGO'U
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SPlt!NGFIELE,
Notice of Decision - Limited Land Use - Partition
Date of Letter
September 25,1998
Journal Number
98-08-168
Property Owner
Neal and Sheri Moore
1964 North 176 Street
Springfield, OR 97477
Surveyor
David L. Brown, Branch Engineering
310 Fifth Street
Springfield, OR97477
Explanation of the Nature of the Application
The applicant has submitted a request to the City of Springfield to adjust the property line
between two lots and to partition one lot into two parcels to create a total of three parcels.
Location of the Proper8
These properties abut and are located
\?qo ll'"
south of "S" Street,
north of "Q" Steet. They are also as on Assessor's map 17-03-
25-24. The site is located inside the Urban Growth Boundary OGB) and inside the City limits.
Decision
Tentative partition approval, with conditions, as of the date of this letter
Other Uses Authorized by this letter
None
Background/Site Info rmatio n
I-ot2700 is approximately 0.1269 acres and lot 2601 is approximately 0.3723 acres in size. The
total development area is approximately 0.499 acres and is flat. Each existing parcel is developed
with one single-family residential unit. The applicant is proposing to move the lot line berween
the two parcels approximately I I feet to the south. The applicant also proposes partitioning lot
2700 into two parcels. The property is zoned Low Density Residential; however, the site and all
surrounding properties are designated Medium Density Residential by the Metro Plan and the
"Q" Street Refinement Plan.
Written Comments
Limited Land Use Decisions require the notification of properly ownerVoccupants within 100
feet of the proposed development allowing for a l4-day comment period prior to the staff
decision. One written comment was received.
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Page I
Ray P. Brown
1945 North 17tr Street
Springfield,OR 97477
Comment:
I have a concern about the Partition Plan submitted by Neal and Sheni Moore. A short timo ago a
lotlineadjustnentwascompletedtothenorthof 1940North 176by 12feet ll inches. Thiswas
done so Mr. Moore would have access to needed property space at 1964 North 176.
It's my understanding that one curb cut per propefty is in order and the new easement to parcel #3
should be to the north of 1940 North l7h along with existing driveway.
Mr. Moore has used up needed space for easement to north by his new lot line adjustment of 12
feet I I inches.
One curb cut per property was mandatory when I partitioned across the street. I talked to Mr.
Moore before he built the fence and did other work. With trvo driveways on both sides of 1964
North 17ft there is no room for parking with additional new U.S. Post Office boxes being
constructed at center ofproperty.
StaffResponse:
According to City of Springfield records, the lot line between lots 2601 and 2700 has not
previously been altered. The moving of the lot line is part of this application.
The applicant is proposing the creation of a new parcel with one access to North 17ft Street.
Approval of this application will create another driveway effectively reducing the on-street
parking capacity of this portion of North l7h Street. Houiever, to meet the density requirements
of the MDR zorre a duplex structure must be constructed on parcel 3. The Springfield
Development Code indicates that the minimum 2-way driveway width for single family and
duplex residential development is 12 feet and that the minimum 2-way driveway width for multi-
family residential is 24 feet wide. If the driveways for parcel 2 and parcel 3 were to be combined,
the minimum width would be 24-feet. There is insufficient area on parcel 2 for adriveway of this
width.
Criteria of Anoroval
Section 34.050 of the Springfield Development Code (SDC) states: "The Director shall
approve' spprove with conditions or deny the request based on the following criteria:
(1) "THE REQUEST AS COI\IDITIOI\IED Ft LLy COImORMS TO TIIE
REQIIIREMENTS OF TIIIS CODE PERTHNING TO: LOT SIZE AI{D
DIMENSIONS, THE EFFICIENT PROVISION OF PI]BLIC FACILITIES AI\TD
SERVICES, STREET IMPROVEMENTS, AI\TD CONSIDERATION OF NATI]RAL
FEATT]RES.'
LOT SIZE A}tD DIMENSIONS
SDC 16.030 states: (The minimum lot size in all residential districts shall be as follows:
(1) I-ots on east-west streets shall have a minimum lot size of 41500 square feet and a
minimum lot frontage of 45 feet.
(2) Lots on north-south streets shall have a minimum lot size of 5,000 square feet and a
minimum lot frontage of 60 feet.r'
(3) (b)...Panhandle lots in alt (MDR) districts shall have at least 6,000 square feet in the
pan portion
SDC 16.030(3)(f) states: "The Director may waive the requirement that buildable City lots
have frontage on a pubtic street when all of the following apply: 1. The lot or lots have been
approved as part of a ...Partition application; and 2. Access has been guaranteed via a
private street or driveway by an irrevocable joint use/access agreemenl,
sDC 16.010(2) states: (MDR MEDTUM DENSIY RESTDENTIAL DrsTRrcT...Single
family or multiple family dwellings are permitted with a minimum density of more than 10
98-08-168
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units per developable acre and a mailmum density of 20 units per developable acre...
Fractions will be rounded down to the next whole numben
The applicant proposes that parcel I have 6400 square feet with 7 I .3 5 feet of frontage on North
tZ6 S'treet. Parcei 2 is to have 6820 square feet with 80.23 feet of frontage on North 176 Street.
Parcel 3 is proposed to have 8650 square feet of frontage onto North 17t Street. Access to parcel
3 is guaranie"i by
"
20-foot wide irrevocable access eaiement. North 17ft Street is a north-south
street requiring a minimum of 60 feet of frontage.
The subject area is designated as Medium Density Residential (MDR) in the Metro Plan and the
"Q" SEeet Refinement plan. [n the MDR zone, the minimum density for tax lot 2700 prior to
partitioning is 3 unis (0.3723 X l0 : 3.7). If lot 2700 were to be partitioned as proposed, the
resulting square footage will render a minimum required density of one unit for each new parcel
for a total of 2 units. To meet the density requirements of the MDR zone parcel 3 will need to be
at least 8,712 square feet so that the minimum allowable density is 2 units for parcel 3 and I unit
for parcel 2 for atotal of 3 units.
Findingl: All proposed parcels meet or exceed the minimum lot size requirements and frontage
requirements; therefore, this portion of criterion I has been met.
Finding: Because the minimum density for lot 2700 is 3 units and the proposed partition will
create lots that provide a minimum density of 2 units, this portion of criterion I has not been met.
Condition: Provide evidence that an irrevocable 2O-foot utility/ingress/egress easement
benefiting parcel 3 has been recorded. This easement shall be shown on the Final Plat (see Utility
Easements).
Condition: Show on the Final Plat that parcel 3 contains a minimum of 8,712 square feet.
Setback Standards
SDC 16.050 states: "fn a[ residential districts, each lot shall have setbacks of not less than
the following sizes unless otherwise provided for in this Code:
(1) Front yard, street side yard and rear yard...- l0 feet.
(2) ...interior side yard setbacks...-5 feet.
The front yard setback for the stmcture on parcel I is 19.7 feet the rear yard setback is
approximately 12 feet, the north side yard setback is 10.4 feet and the south side yard setback is
17.7 feet. The front yard setback for the structure on parcel 2 is28.9 feet, the rear yard setback is
I 1.9 feet the north side yard setback is 14.6 feet and the south side yard setback is 23.9 feet.
There is no structure on parcel 3.
Finding: Because the structures on lots I and 2 are setback more than the minimum distances
required by the Code, and there is no structure on parcel 3, this criterion has been fulfilled.
SDC 34.010(3) states: "Solar Access Standards.
(a) Applicability. The provisions of this section shall apply to all land divisions in the LDR
and MDR Districts...
(bxl)...A lot complies with this section if it:
a. Ifas a north-south dimension of 90 feet or more; andb. has a front lot line that is oriented within 30 degrees of the true east-west axis.
98-08-168
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Parcel 3 has a north south dimension of 91.27 feet and has a front lot line that is oriented within
30 degrees of the true east-west axis. Parcels I and 2 are developed with dwellings and are
exempt from this standard.
Finding: Because all the-parcels created by the proposed partition meet or are exempt from the
solar access standards of the SDC, this criterion has been met.
Note: The developer must comply with SDC 16.050(5)(a): "Solar Setback Standard" at the time
of building permit review.
THE EFFICIENT PROVISION OF PUBLIC FACILITIES AI\[D SERVICES
Water:
SDC 32.120(3) states: *Each development area shall be provided with a water system
having sufliciently sized mains and lesser lines to furnish adequate supply to the
development. Fire hydrants and mains shall be installed by the developei as required by theFire Marshal and the utility provider.,
Each lot or parcel must have its own water service. Water to the existing development is supplied
by the Springfield Utility Board (SUB) from a water line is located in thl North iz6 Street rignt-
of-way. The developer should contact the SUB Water Division for detailed information
concerning the construction and modification of the water system facilities when supplying water
to parcel 3. A fire hydrant is not required.
Finding: Because the development is served by City water, this criterion has been met.
Sanitary Sewer
SDC 32.100(5) states: 6'...Sanitary sewens shall be installed to serve each new development
and to connect developments to existing mains...',
The Tentative Partition Plat shows the sewer service point for the two existing houses and shows
a connection point for parcel 3 from an existing sewer stub by the northern p.op"rty line of parcel
2. The proposed 4-inch private sewer service shall be constructed prior to, or concurrent with,
construction of any new buildings on parcel 3.
Finding: Because sanitary sewer is available to serve new development on parcel 3, this portion
of criterion I has been fulfilled.
Electricity:
Electricity currently serves parcels I from overhead utility lines in North 176 Street. Service to
parcel 3 will be required at the time of development. SUB is the electric provider for this
development. Please coordinate electrical need, fees and charges with the utility provider.
Finding: Because electrical service is available to serve these parcels, this portion of criterion I
has been fulfilled.
Utility Easements
SDC 32.120(5) states: *An applicant proposing a development shall make arrangements
with the City and each utility provider for the dedication of utility easements necessary to
fully service the development. The standard width for public utitity easements adjacent to
street rights-of-way shall be 7 feet. The minimum width for all other public utility
98-08-168
Page 4
Condition: Record and show on the Final Plat a 7-foot Public Utility Easement behind the righr
of-way line of parcel 2 along the full frontage of North 176 Street from the PUE on parcel I to the
south property line.
easements shall be l0 feet unless otherwise specilied by the utility provider or the City
Engineer. Where feasible, utility easements shall be centered on a lot line."
The local utilities have directed city staffto require a 7 foot-wide public utility easements (PLJEs)
along all street frontages during the development review prooess. SDC 35.060(l) gives staff
authority to require public utility easements as a condition of approval of this request. A 7-foot
PUE is proposed by the applicant along the full frontage of the site along North l7e Street. City
records show that a 7-foot PUE through the current frontage of lot 2601 was dedicated in 1980.
The applicant needs to dedicate a PUE on the frontage of lot 2700 from the existing PUE on lot
2601 to the south property line of lot 2700.
Two private easements are shown on the tentative plat to provide ac,oess and utility services to
parcel3 through parcel 2. Easement size and location are acceptable, however the 5-foot private
utility easement is not wide enough to satisS the spacing requirements of the various utility
companies. To provide adequate spacing for utilities, the 2O-foot ingress/egress easement should
also allow for utility services.
Finding: Because no PUEs exist on parcel 2, a7- foot PUE will be required along the street
frontage in order to fulfill this uiterion.
Finding: Because the proposed S-foot utility easement serving parcel 3 is of inadequate width for
all utilities, this criterion has not been fulfilled.
Condition: Record and show on the Final Plat a 20-foot wide private utility/ingress/egress
easement along the south properly line of parcel 2.
Storm Sewer
SDC 32.110 states: (l) "The Approval Authority shall grant development approval only
where adequate provisions for storm and flood water run-offto the City storm water
drainage system have been made as determined by the City Engineer. The storm water
drainage system shall be separated from any sanitary sewer system. Surface water
drainage pattems shall be shown on every Site Plan or Final Plat...'
The existing public drainage system in this area consists of shallow roadside ditches. The
applicant proposes to continue draining the existing houses to this ditch and provide a drywell for
the future runofffrom parcel3. No construction of new public drainage systems is required at
this time. Prior to approval of any building permits on parcel 3, the applicant shall provide the
City with an engineered drywell design, including percolation test results of the site.
Finding: Because adequate provisions for storm water drainage exist and additional runofffrom
new development is sufficiently addressed, this criterion has been fulfilled.
STREET IMPROVEMENTS
SDC 32.020(10[b[aa) states: *In all other cases of unimprcved streets, an Improvement
Agreement shall be required as s condition of Development Approval postponing
improvements until such time that a City street impruvement project is initiated.
98-08-168
Page 5
North 17tr Street is substandard and does not meet City street standards. Required improvements
include, but are not limited to, curb, gutter, sidewalks, streetlights, storm and sanitary sewers and
street hees.
Finding: North l7m Street is substandard; therefore, an Improvement Agreement is required to
fulfill this requirement to eventually improve the street to City standards.
Condition: An Improvement Agreement for the future improvement of North 176 Street for the
entire frontage of parcels I and 2 must be signed and recorded with the City prior to Final Plat
approval.
NATI]RAL AIYD IIISTORIC FEATIIRES
The following documents were consulted to determine if there were natural and/or historic
resources on this site: The Hydric Soils Map, the Draft Springfield Wetlands Inventory Map,
National Wetlands Map, and the FIRM Floodplain/Floodway maps, the Drafi Natural Resources
Special Study, the Willamette River Greenway and the Washburn Historic District and the
Historic Landmark Sites Listing.
Finding: No significant natural or historic features, as identified by these inventories, are located
on this site and this criterion has been met.
(2) "THE ZONING IS CONSISTENT WITH TITT', 1Y1B1RO PLAN DIAGRAM AI\D/OR
APPLICABLE REFII\-EMENT PLAN DIAGRAMS."
The site is currently zoned Low Density Residential (LDR). The Metro Plan designation is
Medium Density Residential (MDR) and the "Q" Sheet Refinement Plan (QSRP), adopted March
1987, designates the properly as MDR in Area 4. Before development can proceed, the zone
classification must be changed to MDR to be in conformance with the Metro Plan and QSRP.
Provisions are made in the QSRP to legislatively rezone this area from LDR to MDR upon
approval of a Development Area Plan (DAP) for a development area of 30,000 square feet or
larger; however, recent changes in land use law makes this size requirement unenforceable. The
City is currently formulating amendments to the QSRP that include modification or deletion of
minimum development area size requirements. Because of these recent changes in law, a DAP is
not required. The applicant must initiate the rezoning of the properly from LDR to MDR by the
Planning Commission prior to Final Plat Approval.
Finding: The subject property is zoned LDR. The Metro Plan Diagram and the Mid-Springfield
Refinement Plan designate this area MDR; therefore, this criterion has not been met.
Condition: Initiate the rezoning of the properly from LDR to MDR prior to final plat approval.
(3) (DEYELOPMENT OF AIYY REMAII\IDER OF THE PROPERTY TIITDER TIIE
SAME OWI\TERSIilP CAN BE ACCOMPLISHED IN ACCORDAI\ICE WTTII THE
PROVISIONS OF TIIIS CODE.'
The applicant is proposing to partition the entire properly. There will be no remaining propedy
left to divide upon recording of the Final Plat.
98-08-168
Page 6
Finding: Because all of the applicant's properly is proposed to be partitioned at this time and can
not be further divided, this criterion does not apply.
(4) *ADJACENT LAI\ID CAI\[ BE DEVELOPED OR IS PROVIDED ACCESS THAT
WILL ALLOW ITS DEVELOPMENT IN ACCORDANCE WITH TITE PROVISIONS
oF Tms coDE."
The adjacent property to the north is developed and has acoess to "S" Street. Property to the east
is developed and has access to North lTft Steet. Property to the west is developed and has access
to North l6s. Property to the south is developed and has access to either North l6h or North I 7ft
Street. The configuration of the lots proposed in this partition will not infringe on the access of
the adjacent properties.
Finding: Because adjacent land is developed and provided with access, this criterion has been
met.
Conditions of Approval
l. Provide evidence that an irrevocable 2O-foot utility/ingress/egress easement benefiting parcel
3 has been recorded. This easement shall be shown on the Final Plat.
2. Show on the Final Plat that parcel 3 contains a minimum of 8,712 square feet.
3. Record and show on the Final Plat a 7-foot Public Utility Easement behind the right-of-way
line of parcel 2 along the full frontage of North l7h Street from the PUE on parcel I to the
south property line.
4. An Improvement Agreement for the future improvement of North 17fr Street for the entire
frontage of parcels I and2 must be signed and recorded with the City prior to Final Plat
approval.
5. Initiate the rezoning of the property from LDR to MDR prior to final plat approval.
What Needs to be Done?
The applicant will have up to one year from the issuance of this letter to meet any attached
conditions or Development Code standards and to obtain Plat approval. A separate application
form and fee will be required. The application must be submitted to the Springfield Development
Services Deparfrnent. The City Surveyor will review the Plat itself. Upon signature by the City
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.
Additional Information
The application, all documents and evidence relied upon by the applican! and the applicable
criteria of approval, are available for a free inspection and copies will be available at a cost of
$0.75 for the first page and $0.25 for each additional page at the Development Services
Deparfrnent, 225 F ifth Street Springfi eld, Oregon.
Apoeal
If you wish to appeal this Type II Limited land Use Tentative Partition decision, 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 to the
City at the time of submittal. The fee will be returned to the appellant if the Planning
Commission approves the appeal application.
98-08-168
PageT
Ar,.l
Ouestions
Please call the Development Services Department at726-3759 if you have any questions
regarding this process.
Prepared By:zz%
Colin M. Stephens
Planner
cc: Ray P. Brown
98-08-168
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