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HomeMy WebLinkAboutPermit Correspondence 1998-09-25CITY OF SPR OREGON 4\*( !iPFItNGFIELEl Notice of Decision - Limited Land Use - Partition Date of Letter September 25,1998 Zfr, Journal Number 98-08-168 Property Owner Neal and Sheri Moore 1964 North 17ft 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 Property ic-i t'c L\ ' -r''!tr Th.* pr"p.rtt"r "brt "rrd are located at1964 and 1940 North 176 Street, south of "S" Street, north of "Q" Street. They are also described as tax lots 2601 and2700 on Assessor's map 17'03' 25-24. The site is located inside the Urban Growth Boundary (UGB) 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 Backeround/Site Information Lot2700 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 between 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 property owners/occupants within 100 feet of the proposed development allowing for a l4-day comment period prior to the staff decision. One written comment was received. Ray P. Brown 1945 North 17tr Street Springfield,OR 97477 Comment: I have a concern about the Partition Plan submitted by Neal and Sherri Moore. A short time ago a lot line adjustnent was completed to the north of 1940 North l7e by 12 feet I I inches. This was done so Mr. Moore would have access to needed property space at 1964 North 17ft. 98-08-168 Page I It's my understanding that one curb cut per property is in order and the new easement to parcel #3 should be to the north of 1940 North l7* along with existing driveway. Mr. Moore has used up needed space for easement to north by his new lot line adjustment of l2 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 two driveways on both sides of 1964 North l7h there is no room for parking with additional new U.S. Post Office boxes being constructed at center of property. StaffResponse: According to City of Springfield records, the lot line between lots 2601 and2700 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 17fi Street. Approval of this application will create another driveway effectively reducing the on-street parking capacity of this portion of North l7h Street. However, to meet the density requirements of the MDR zone aduplex 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 l2 feet and that the minimum 2-way driveway width for multi- family residential is 24 feet wide. If the driveways for parcel2 and parcel3 were to be combined, the minimum width would be Z4-feet. There is insufficient area on parcel 2 for adriveway of this width. Criteria of Apnroval Section 34.050 of the Springfield Development Code (SDC) states: "The Director shall approve, approve with conditions or deny the request based on the following criteria: (1) ..THE REQUEST AS COIIDTTIONED FULLY CONFORMS TO THE REQTIIREMENTS OF TItrS CODE PERTAII\ING TO: LOT SIZE AI\ID DIMENSIONS, THE EF'FICIENT PROYISION OF PI'BLIC FACILITIES A}ID SERVICES, STREET IMPROVEMENTS, AI{D CONSIDERATION OT' NATI]RAL FEATURES.' LOT SIZE AI\[D DIMENSIONS SDC 16.030 states: *The minimum lot size in all residential districts shall be as follows: (1) 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 north-south streets shall have a minimum lot size of 5,000 square feet and a minimum lot frontage of 60 feet." (3) (b)...Panhandle lots in all (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 public 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 agreement." SDC 1 6.0 1 0(2) states: (MDR MEDIUM DENSITY RESIDENTIAL DISTRICT...SingIe 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 maximum density of 20 units per developable acre... Fractions will be rounded down to the next whole number. The applicant proposes that parcel I have 6400 square feet with 71.35 feet of frontage onNorth 17ft Sireet. 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 17fi Street. Access to parcel 3 is guaranierd by u 2O-foot wide irrevocable access easement. 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" Sffeet Refinement plan. In the MDR zone, the minimum density for tax lot2700 prior to partitioning is 3 units (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 1 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 t 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 20-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: "In all residential districts, each lot shall have setbacks of not less than the following sizes unless othervise provided for in this Code: (1) Front yard, street side yard and rear yard...- 10 feet. (2) ...interior side yard setbacks...-5 feet. The front yard setback for the structure on parcel 1 is 19.7 feet, the rear yard setback is approximately 1,2 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 is 28.9 feet, the rear yard setback is I 1 .9 feet the north side yard setback is I 4.6 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 and2 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. Has a north-south dimension of 90 feet or more; and b. 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 EFFICIBNT PRO\ISION OF PUBLIC FACILITIES AND SERVICES Water: SDC 32.120(3) states: "Each development area shall be provided with a water system having sufficiently sized mains and lesser lines to furnish adequate supply to the development. Fire hydrants and mains shall be installed by the developer as required by the Fire 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 the North 176 Street right- 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: "...Sanitary sewers 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 property line of parcel 2. T'he proposed 4-inch private sewer service shall be constructed prior to, or concurrent with, construction ofany 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 l7m 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 1 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 seruice the development. The standard width for public utility easements adjacent to street rights-of-way shall be 7 feet. The minimum width for all other public utility 98-08-168 Page 4 easements shall be 10 feet unless otherwise specified 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 staff to require a 7 foot-wide public utility easements (PUEs) along all street frontages during the development review process. SDC 35.060(1) gives staff authority to require public utility easements as a condition of approval of this request. A 7-foot PUE is i.opor"A by the applicant along the full frontage of the-site along North l7m Street. City records show that a7-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 access and utility services to parcel 3 through parcel 2. Easement size and location are acceptable, however the 5-foot private utility easement is not wide enough to satisff the spacing requirements of the various utility companies. To provide adequate spacing for utilities, the 20-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 criterion. 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 7-foot Public Utility Easement behind the right- of-way line of parcel 2 along the full frontage of North 17ft Street from the PUE on parcel I to the south property line. Condition: Record and show on the Final Plat a 20-foot wide private utility/ingress/egress easement along the south property line of parcel 2. Storm Sewer SDC 32.110 states: (1) "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 patterns shall be shown on eyer7 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 parcel 3. 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 IMPROYEMENTS SDC 32.020(l0Xb)(aa) states: "In all other cases of unimprnved streets, an Improvement Agreement shall be required as a condition of Development Approval postponing improvements until such time that a City street improvement project is initiated. 98-08-168 Page 5 North 17ft 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 trees. Finding: North 17tr 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 l7s Street for the entire frontage of parcels I and 2 must be signed and recorded with the City prior to Final Plat approval. NATTIRAL AI\[D HISTORIC FEATTIRES 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 ZOI\ING IS CONSISTENT WrTH TIIE METRO pLAI\t DTAGRAM AND/OR APPLICABLE REFII\TEMEI{T PLAN DIAGRAMS.' The site is currently zoned Low Density Residential (LDR). The Metro Plan designation is Medium Density Residential (MDR) and the "Q" Street Refinement Plan (QSRP), adopted March 1987, designates the property 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 property 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 property from LDR to MDR prior to final plat approval. (3) "DEVELOPMENT OF AI\ry REMAII\IDER OF TIIE pROpERTy UI\DER TIIE SAME OWI\TERSIilP CAI\ BE ACCOMPLISIIED IN ACCORDAI\ICE WTrII THE PROVISIONS OF TIIIS CODE." The applicant is proposing to partition the entire property. There will be no remaining property left to divide upon recording of the Final Plat. 98-08- I 68 Page 6 Conditions of Approval 1. Provide evidence that an irrevocable 20-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} alongthe full frontage of North l7u Street from the PUE on parcel I to the south property line. 4. An Improvement Agreement for the future improvement of North 17ft Street for the entire frontage of parcels 1 andZ 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 Department. 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 applicant, 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 Department, 225 F ifth Street, Springfi eld, Oregon. Appeal 1 If you wish to appeal this Type II Limited land Use Tentative Partition decision, you must do so within l0 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 retumed to the appellant if the Planning Commission approves the appeal application. 98-08-168 PageT Finding: Because all of the applicant's property is proposed to be partitioned at this time and can not be further divided, this criterion does not apply. (4) *ADJACENT LAIID CAN BE DEVELOPED OR IS PROVIDED ACCESS THAT WILL ALLOW ITS DEVELOPMENT IN ACCORDAI\CE WITH THE PROVISIONS OF TIIIS CODE.' The adjacent property to the north is developed and has access to "S" Street. Property to the east is devioped and has access to North l7s Street. Properly to the west is developed,and has access to North i 6ft. lroperty to the south is developed and-hasaccess to either North l6m or North 1 7e 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. Ouestions Please call the Development Services Department at 726-3759 if you have any questions regarding this process. Prepared By:zz% Colin M. Stephens Planner cc: Ray P. Brown 98-08-168 Page 8