Loading...
HomeMy WebLinkAboutPermit Miscellaneous 1998-09-25C'TY OF OBEGO'U \\4 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. 98-08-168 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 Page2 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 Page 3 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 Page 8