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HomeMy WebLinkAboutNotice PLANNER 9/4/2007 " fI' ~- AFFIDAVIT OF SERVICE srATE OF OREGON 1 ) ss County of Lane ) I. Karen LaFleur, being first duly sworn, do hereby depose and say as follows 1 I state that I am a Program Technician for the Planning DIVISion of the Development Services Department, City of Spnngfleld, Oregon 2 I state that In my capacity as, Program Techmclan, I prepared and caused to be ,I . mailed copies of 5u e. 2.001- [>Q)39 f1 r:fij'J.~ tiM', ~ fw ~ - ~( W~ (See attachment "A") on 3Ltf v, 200 addressed to (see Attachment Bn), by causing said letters to be placed In a U S mall box with postage fully prepaid thereon ,f.)~~.~ STATE OF OREGON, County of Lane A..IJ/f'n iff 4, ,2007 Personally appeared the above named Karen LaFleur, ~rogram Techmclan, who acknowledged the foregOing Instrument to be their voluntary act Before me ("'_____________________.__.,:; I I.. OFFICIAL SEAL I I; BRENDA JONES j c! . NOTARYPU8L1C.OREGON j I: COMMISSION NO 379218 j 'I MY COMMIS~ION EXPIRES MAY 27. 2008.1 .~--~-~-------------. ~Ck ~y commlsslonUPlres 1Yl4r n~g Date Received ~/~7 Planner AL PrOject Name CRS mc /Northvlew Investments Partition PrOject Proposal Partition one resIdential parcel mto two residential parcels Case Number: SUB2007-00039 PrOject LocatIon 135 & 137 38th Street (Map 17-02-31-42, Tax Lot #900) Zonmg Low DensIty ReSIdential (LDR) ComprehensIve Plan DesIgnatIon. LDR (Mld-Sprmgfield Refinement Plan) Pre-SubmIttal Meetmg Date May 1 I, 2007 ApplIcatIOn Submitted Date' August 2, 2007 DecIsIOn Issued Date September 4, 2007 RecommendatIon Approval with CondItions Appeal DeadlIne Date September 19, 2007 Natural Features None Density Approximately 8 umts per acre Associated ApplIcatIons. PRE2007-00026, DRC2007-00053, SUB2007-00043 CITY OF SPRINGFIELD DEVELOPMENT REVIEW TEAM I POSITION I ProJect Manager I Transportation Plannmg Engmeer I PublIc Works EIT I PublIc Works EIT I Deputy Fire Marshal I Commumty Services Manager REVIEW OF Plannmg Transportation UtilIties Samta1)' & Storm Sewer Fire and Life Safety BUlldmg NAME Andy Llmblrd Greg Kwock Jesse Jones Jesse Jones GIlbert Gordon Dave Puent PHONE I 726-3784 1 736-7134 I 736-1036 I 736-1036 1 726-3661 1 726-3668 1 APPLICANT'S DEVELOPMENT REVIEW TEAM Owuer/ApplIcant Mark Losco Northvlew Investments mc 33855 Van Duyn Road Eugene, OR 97408 Engmeer Don Branch Branch EngmeerIng Inc 110 Fifth Street Sormgfield. OR 97477 Date Racelved ~~o/ Planner AL .. , DECISION TentatIve Approval, wIth conditIOns, as of the date of tb,s letter The standards of tbe Springfield Development Code (SDC) apphcable to each criterion of PartitIOn Approval are hsted herem and are satisfied by tbe submItted plans and notes unless speCIfically noted WIth findmgs and condItions necessary for comphance PUBLIC AND PRIVATE IMPROVEMENTS, AS WELL AS THE FINAL PLAT, MUST CONFORM TO THE SUBMITTED PLANS AS CONDITIONED HEREIN ThIS IS a hmlted land use decIsIOn made accordmg to CIty code and state statutes Unless appealed, the deCISIon IS final Please read thiS docnment carefnlly (See Page 12 for a summary of the conditIOns of approval) OTHER USES AUTHORIZED BY THE DECISION None Future development WIll be m accordance WIth the provIsIons of the SDC, filed easements and agreements, and all applIcable local, state and federal regulatIons REVIEW PROCESS ThIS applIcatIOn IS reviewed under Type II procedures lIsted m SDC 3 080 and the partItIOn cntena of approval, SDC 34 050 ThIS applIcatIOn was accepted as complete on August 2, 2007 ThIs deCISIOn IS Issued on the 33" day of the 120 days mandated by the state SITE INFORMATION The subject property IS a roughly square lot that compnses approxImately 11,400 ft' (026 acres) and contams two eXlstmg dwellIngs The property IS zoned and deSIgnated Low DenSIty ReSIdentIal (LOR) m accordance WIth the Mld-Sprmgfield Refinement Plan Adjacent properties to the east, north and west also are zoned LOR PropertIes to the south along Mam Street are zoned and deSIgnated CommunIty CommercIal (CC) The Assessor's descnptlon for the subject property IS Map 17-02-31-42, Tax Lot 900 Approval of the proposed partitIon would create two LDR parcels WIth frontage on 38th Street, and a 5- foot WIde nght-of-way dedicatIOn for 38th Street along the western boundary of the site \ The subject sIte has receIved prelImmary survey approval for a Senal Property Lme Adjustment to adjust the southern boundary approxImately 5 feet north (SUB2007-00043) The Senal Property Lme Adjustment IS mtended to correct two commercIal bUlldmg encroachments mto the resIdential lot Pnor recordmg of the Fmal Survey IS a reqUIrement ofthe partitIOn tentative approval WRITTEN COMMENTS Procedural Fmdmg ApplicatIOns for LImIted Land Use DeCISIons reqUIre the notificatIOn of property owners/occupants wlthm 300 feet of the subject property allowmg for a ] 4 day comment penod on the applIcation (SDC 3 080 and 14 030) The applicant and partIes submlttmg wntten comments dunng the notIce penod have appeal nghts and are maIled a copy ofthls deCISIOn for consltleratlon Procedural Fmdmg In accordance WIth SDC 3 080 and 14030, notIce was sent to property owners/occupants wlthm 300 feet of the subject sIte on August 10,2007 No wntten comments were receIved I CRITERIA OF PARTITION TENTATIVE APPROVAL SDC 34 050 states that the DIrector shall approve or approve WIth conditIons a PartitIOn TentatIve Plan applicatIon upon determmmg that cntena (I) through (9) of thiS SectIOn have been satIsfied If condItIons cannot be attached to satISfY the cntena, the DIrector shall deny the applicatIOn (1) The request conforms to the reqUIrements of thIs Code pertammg to parcel sIze and dImenSIOns Fmdmg 1 Pursuant to SDC Section 16030(2), lots on north-south streets shall have a mInImum lot size of 5,000 square feet WIth 60 feet of street frontage ual~ r<t:ll..l:llved '\ \ " \?o1Yl PI~nn~r: AL 2 J " fIj Fmdmg 2 The proposed parcels meet the,mlnImum lot SIze requIrements for parcel SIze, but do not meet the frontage reqUIrements for a north-south street m accordance WIth SDC 16030(2) Fmdmg 3 The apphcant has submitted a concurrent apphcatlOn for senal property line adjustment that WIll reduce the 3Sili Street frontage of the subject site by approxImately four feet (SUB2007-00043) The senal property hne adjustment IS Intended to correct two commercIal buIlding encroachments Into the subject property The proposed semi property line adjustment affectmg the sLbject property does not create the reqUIrement for a mmor vanance Fmdmg 4 In accordance WIth SDC 11 030, the apphcant has submItted a concurrent request for a Minor Vanance to reduce the parcel frontages from 60 feet to 49 feet, whIch represents an J 83% varIance (DRC2007-00053) The requested minor vanance IS approved concurrently WIth thIS apphcatton for tentatIve partItIon approval ConclUSIOn As proposed herem and approved m concurrent Minor Vanance request DRC2007-00053, thIS proposal sattsfies Cntenon I (2) The zonmg IS consistent With the Metro Plan dIagram andlor apphcable Refinement Plan dIagram, Plan Dlstnct map, and Conceptual Development Plan Fmdlng 5 The subject property IS deSIgnated Low DenSIty ReSIdentIal (LOR) by the Metro Plan dIagram and the Mld-Sprmgfleld Refinement Plan The zonmg of the property IS LDR, consIstent WIth the Metro Plan and the adopted Refinement Plan, and the appltcant IS not proposing to change the zonmg deslgnatton ConclUSIon ThIS proposal satIsfies Cntenon 2 (3) Capacity reqUirements of pubhc Improvements, meludmg but not hmlted to water and electnclty, samtary sewer and stormwater management faclhties, and streets and traffic safety controls shall not be exceeded, and the pubhc Improvements shall be avaIlable to serve the site at the tIme of development, unless otherwIse proVided for by thiS Code and other apphcable regulatIOns The Pubh~ Works Director or a utIhty proVIder shall determme capacity ISSUes General Fmdmg 6 For all publtc Improvements, the appltcant shall retam a pnvate profeSSIOnal CIVIl engineer to deSIgn the partItIon Improvements m conformance WIth CIty codes, thIS deCISIOn, and the current Engmeermg DeSIgn Standards and Procedures Manual (EDSPM) The pnvate CIVIl engmeer also shall be reqUired to proVIde CIJDstructlOn IOspectlOn servIces General FmdlOg 7 CIty BUlldmg Pernllts are reqUired for mstallatlOn ofpnvate utIlItIes Developers are adVIsed to obtam necessary CIty permIts pnor to mlttatlon of constructIOn acttvlty General Fmdmg S The Publtc Works DIrector's representatIves have reVIewed the proposed partItIOn CIty staff's revIew comments have been mcorporated m findings dnd condItIons contamed herem General Fmdmg 9 Cntenon 3 contams sub-elements and apphcable code standards The partItIOn apphcatlOn as submItted compltes WIth the code standards hsted under each sub-element unless otherwIse noted WIth speCIfic findmgs and conclUSIons The sub-elements and code standards of Cntenon 3 mclude but are not Itmlted to Date Received __?/ f,lt;n Planner AL 3 \ . .. .. [, PublIc Improvements m accordance WIth SDC 31 and 32 o Public Streets and Related Improvements (SDC 32 020-32 090) o SanItary Sewer Improvements (SDC 32 100) o Storm Water Management (SDC 32 110,3 I 240) o Water and Electnc Improvements (SDC 32120(1)) o Frre and LIfe Safety Improvements (SDC 32120(3)) o PublIc and Pnvate Easements (SDC 32120(1) and (5)) PublIc Streets and Related Improvements Fmdmg 10 SectIon 32 020(7)(b) of the Sprmgfield Development Code reqUIres that whenever a proposed land dIVISIon or development WIll mcrease traffic on the CIty street system and that development has any unnnproved street frontage abutt10g a fully Improved street, that street frontage shall be fully Improved to CIty speCIficatIons ExceptIOn (a) notes that m cases of unImproved streets, an Improvement Agreement shall be reqUIred as a condItIon of Development Approval postponmg Improvements untIl such tIme as a CIty street Improvement project IS mltIated Fmdmg 1 I Abuttmg the subject sIte to the west, 38th Street IS a 32-foot WIde asphalt paved local street wlthm a vanable-wldth nght-of-way The street IS Improved to urban standards WIth curb, gutter, SIdewalk, and street IIghtmg Average daIly traffic on thIS street IS estImated to be fewer than 400 vehIcle tnps per day Fmdmg 12 North of the subject property, the 38th Street nght-of-way IS between 40 and 45 feet WIde Along the property frontage, the street nght-of-way IS 40 feet WIde The applIcant IS propos1Og to dedICate 5 feet of street nght-of-way along the frontage of the subject property The proposed nght-of- way dedIcatIon IS consIstent WIth current CIty standards for local street nghts-of-way Fmdmg 13 The plans mdlcate that proposed Parcels I and 2 wIll be accessed from 3Sth Street VIa an eXlstmg curb cut and dnveway Fmdmg 14 In accordance WIth SDC 32 050, where street trees cannot be planted 10 the public nght-of- way, they shall be planted m the reqUIred front yard setback of pnvate property m order to meet street tree reqUIrements FIndIng 15 The applicant IS proposmg to Install one street tree In each parcel frontage The street trees shall be plantcd at SUItable locatIons on each proposed parcel and suffiCiently removed from adjacent property lInes AddItIOnally, the street trees shall be specIes that are SUItable for plantmg beneath overhead power lInes Because the proposed street trees are located wlthm pnvate property, long-term care and maIntenance WIll remam the responsIbIlity of the landowners Condition of Approval I Pnor to approval of the FInal Plat, the applicant shall 10stall at least one street tree along the frontage of each parcel, as generally depIcted on the tentatIve partItIon plan The street trees shall be suffiCIently removed from adjacent property lInes and shall be specIes SUItable for plantmg beneath power lines Samtary Sewer Improvements FmdIng 16 SectIOn 32 100 of the SDC reqUIres that sanItary sewers shall be mstalled to serve each new development and to connect developments to eXlstmg maInS AddItIonally, mstallatlOn of sanItary sewers shall proVIde suffiCient access for mamtenance actIVItIes UdtLI , ~0celveo Planner AL 4'// JoU7 ) I 4 " fit Finding 17 The eXIsting dwellIngs are served by prIvate laterals connected to an 8-Inch publIc sanItary sewer line running north-south Just inSIde the eastern property line The sanItary sewer line IS located WIthin a 7-foot WIde PublIc UtIlIty Easement (PUE) The applIcant IS not proposmg to change the eXIsting sanItary sewer lInes Finding 18 The e"lstlng sanItary sewer lInes are adequate to serve the proposed development Stormwater Management (QuantIty) Flndmg 19 SectIon 32 I 10(2) of the SDC reqUIres that the Approval AuthOrIty shall grant development approval only where adequate publIc and/or prIvate stormwater management system proVISions have been made as determined by the PublIc Works DIrector, consistent WIth the EDSPM Finding 20 SectIOn 32 110(4) of the SDC reqUIres that runoff from a development shall be dIrected to an approved storm water management system WIth suffiCient capacIty to accept the dIscharge Finding 2 I SectIOn 32 110(5) ofthe SDC reqUIres new developments to employ drainage management practIccs that mmlmlze the amount and rate of surface runoff mto recelvmg streams, and that promote water qualIty - Finding 22 rhe stormwater drainage from proposed Parcell currently drainS vIa a weephole to the curb and gutter system 10 38th Street The applIcant IS not propos 109 to change the stormwater dramage pattern for Parcel I Finding 23 The stormwater drainage from proposed Parcel 2 currently drams to splash blocks ncxt to the structure The structure on proposed Parcel 2 has approxImately 490 square feet of ImpervIOUS rooftop area The applIcant IS not proposmg to change the eXIsting stormwater drainage pattern for Parcel 2 Staff adVIse that mtensIficatIon of development (or redevelopment) on proposed Parcel 2 may rcqUlre upgrades to the on-sIte storm water facllItlcs Stormwater Managcment (QualIty) flndmg 24 Under Federal regulatIon ofthe Clean Water Act (CW A), Endangered SpecIes Act (ESA), and Naltonal Pollutant DIscharge ElIminatIOn System (NPDES), the CIty of SprIngfield IS reqUIred to obtam, and has applIed for, a MUnICIpal Separate Storm Sewer System (MS4) permIt A provIsIon of tlus permIt requIres the CIty to demonstrate cfforts to reduce the pollulton In urban stormwater to the MaXImum Extent PractIcable (MEP) Fmdmg 25 Federal and Oregon Department of EnvIronmental QualIty (ODEQ) rules reqUIre the CIty'S MS4 plan to address SIX "MInImum Control Measures" MInImum Control Measure 5, "Post- ConstructIOn Stormwater Management for New Development and Redevelopment", applIes to the proposed development Fmdlng 26 MInImum Control Measure 5 reqUIres the CIty of Spnngfield to develop, Implement and enforcc a program to ensure the reductIOn of pollutants 10 storm water runoff to the MEP The CIty also must develop and Implement strategIes that Inelude a combmatlon of structural or non-structural Best Management Practices (BMPs) approprIate for the communIty Flndmg 27 MInImum Control Measure 5 reqUIres the CIty of Sprmgfield to use an ordinance or other regulatory mechanIsm to address post-construclton runoff from new and re-development projects to the extent allowable under State law Regulatory mechanIsms used by the CIty melude the SDC, the CIty's Engmeermg DeSign Standards and Procedures Manual and the future Storm water FacIlItIes Master Plan (SFMP) Dale r-{ecelved Planner AL f/'Ik7 , I 5 .. , FIndIng 28 As reqmred In SDC 31 050(5), "a development shall be required to employ draInage management pracl1ces approved by the Public Works Director and consistent With Metro Plan poliCies and the Engmeermg DesIgn Standard, and Procedures Manuar' Water and Electric System Improvements FIndmg 29 Section 32 120(3) of the SDC requires each development area to be proVided WIth a water system havIng suffiCiently Sized mams and lesser lines to furnish adequate supply to the development and suffiCient access for maIntenance Spnngfield Ul1l1ty Board (SUB) coord mates the deSign of the water system wlthm Sprmgfield City limits Fmdmg 30 The dwellings on proposed Parcels 1 and 2 are already served With water from the eXlstmg mam m 38th Street The applicant IS not proposmg to change the water service for the dwellings Fmdmg 3 I The eXistIng dwellmgs are served With electricity from the powerlme runnIng north-south along 38'h Street SUB Electnc adVises that underground electncal service can be proVided wlthm the proposed 7-foot Wide PUE along the property frontage FIndmg 32 The electrical service to the eXistIng dwelling on proposed Parcel 1 crosses the adjacent property (Tax Lot 800) and does not appear to be contaIned wlthm an easement A ul1l1ty easement on Tax Lot 800 may be reqUIred to accommodate the electncal service to the eXistIng dwelling , FIndIng 33 SDC 32 120(2) states, "Wherever pOSSible, utility lines shall be placed underground" Electncal and telecommUnicatIOn lines (mcludIng telephone and cable TV) Will have to be placed underground for the eXlstmg dwellmgs on proposed Parcels I and 2 Cond,l1ons of Approval 2 Pnor to approval of the FInal Plat, the electncal and telecommUnicatIOn services to the eXlstmg dwellmgs shall be placed underground 3 The applicant shall make arrangements WIth utility prOViders for utility easements as may be reqUIred to accommodate the underground electrical and telecommUnicatIOn services for the dwellmgs on Parcels] and 2 Fire and Life Safety Improvements Fmdmg 34 Sprmgfield Fire and Life Safety adVises that water flows are available to serve the proposed partitIOn area The nearest fire hydrant IS located approximately 140 feet south of the subject property on the comer of Mam Street and 38th Street Fmdmg 35 The Fire and Life Safety Department adVises that suffiCient fire access will be proVided for the proposed parcels by virtue of their frontage on 38th Street Public and Private Easements FIndmg 36 Secl10n 32120(5) of the SDC reqUIres applicants proposmg developments to make arrangements With the City and each ul1l1ty proVider for the dedicatIOn of utility easements necessary to fully service the development or land beyond the development area The minimum Width for rUEs adjacent to street nghts-of-way shall be 7 feet The minimum Width for all other public ul1l1ty easements shall be 14 feet unless otherwise speCified Ol;lta Received q I '-1 \ '}o(\ 1 Planner. AL 6 # fI' Finding 37 SectIOn 31 050(5)(d) of the SDC reqUIres the locatIOn and SIze of eXIsting and proposed utIlItIes and necessary easements, and dedicatIOns on and adjacent to the sIte to be shown on an Improvements Plan The proposed connection pOints also are to be shown on the Improvements Plan Finding 38 In accordance WIth SDC 32 120(5), the appltcant IS proposing to dedIcate a 7-foot Wide PUE along the 38th Street frontage of the sIte The PUE can be dedIcated on the Final Plat Finding 39 The appltcant IS proposing to dedIcate a 5-foot WIde maintenance and access easement along the southern boundary of Parcel 2 to benefit the adjacent commercIal property (Tax Lot 1000) The access and maintenance easement IS a condItIOn of the senal property line adjustment inItiated pursuant to PlannIng ActIOn SUB2007-00043 FindIng 40 The north wall of the eXisting dwelltng on proposed Parcel I IS VIrtually coterminous WIth the northern property line, creating a zero lot line sItuatIon ThiS IS probably due to a hlstoncal survey error and not an intentIOnal development configuratIOn To address thiS SItuation, the appltcant IS proposing a vanable-wldth access and maintenance easement outSIde and parallel With a portIOn of the Parcel I northern property line The proposed access and maintenance easement encumbers the adjacent propcrty to the north (Tall. Lot 800) for the benefit of Parcel I A concurrence WIll be reqUired from the adjacent property owner of Tax Lot 800 Flndmg 41 The appltcant IS proposmg to create a 23-foot by 25-foot access and Utlltty easement across the common property line between Parcels I and 2 The JOInt access and utlltty easement WIll permIt both propertIes to use the eXisting curb cut and dnveway onto 38th Street, and also accommodate utIlItIes serving the parcels Finding 42 As noted previously, there IS an eXIsting 7-foot Wide PUE along the eastern boundary of the sIte The appltcant IS not proposmg to change thc eXIstIng PUE CondItions of Approval 4 PrIor to approval of the Fmal Plat, the appltcant shall record the senal property lme adjustment InItIated by Planmng ActIOn SUB2007-00043 5 PrIor to approval of the Final Plat, the appltcant shall execute and record the access and mamtenance easement against Tax Lot 800 that benefits Parcel I and proVide eVIdence thereof to the CIty 6 Pnor to approvdl ofthe Final Plat, the dppltcant shall execute and record the 23-[00t by 25-[00tJolnt access and Utlltty easement benefiting Parcels I and 2 ConclUSIOn As condItIOned herein, thIS proposal satisfies Cntenon 3 (4) The proposed development shall comply WIth all dPpltcable publIc and prIvatc deSIgn and constructIOn standards contaIned In thIS Code and other applIcable regulatIOns General Finding 43 CnterIon 4 contains two elements WIth sub-elements and appltcable Code standards The partition appltcatlon as submItted compltes WIth the code standards ltsted under each sub-element unless otherwIse noted WIth speCIfic findings and conclUSIons The elements, sub-elements and Code standards of CrItenon 4 mclude but are not ltmlted to Ddt", I {8ce:ved Planner AL 9 A/.;WO 7 I I 7 .. , 4a Conformance with standards of SDC 3 I, Site Plan Review, and Article 16, Residential Zoning o Lot Coverage and Setbacks (SDC 16 040 - 16 050) o Height Standards (SDC 16 060) o Off-Street Parking Standards (SDC 16070 and 31 170-230) o. Fence Standards (SDC 16090) o Landscaping Standards (SDC 31 130-150) o Screening and Llghtmg (SDC 3 I 160) 4b Overlay DistrIcts and Applicable RefmeInent Plan ReqUIrements o The site lies WIthin the 10-20 Year Time of Travcl Zone of the Mala drinking water well o The site IS Within the Mld-Sprmgfield Refinement Plan area 4a Conformance WIth standards of SDC 31, SIte Plan ReVIew, and SDC 16, ReSIdentIal ZOnIng Lot Coverage and Setbacks FIndmg 44 The applicant IS propOSing to retain the eXisting dwellings on Parcels I and 2 The eXisting dwelling on proposed Parcel 2 meets reqUired front, Side and rear yard setbacks In accordance With SDC 16050 Finding 45 The dwcllIng on proposed Parcel I Will meet the reqUIred setbacks for the front and rear yards, garage entrancc, and the southern Side yard As stated previously, the north edge of the dwelling abuts the northcrn property line The dwelling IS considered an eXisting non-conforming SItuatIOn for the purpose of thiS review The applicant IS propOSing to record a private maintenance and access easement on Tax Lot 800 In lieu of proViding the reqUired Side yard setback (ConditIon 5) The easement would allow for continued access to the north outSide wall ofthe house Finding 46 The proposed partitIOn does not Increase the degree of non-conformity for the dwelling on Parcel 1 Off Street ParkIng Standards Finding 47 In accordance With SDC 16070(5)(d), a minimum of two off-street parking spaces are reqUIred for each dwelling Unit The parking requirement for Parcel I can be accommodated With the drIveway and Single car garage Finding 48 The applicant IS propOSing to Increase the paved Width of the drIveway and record a JOint use easement for the benefit of both parcels However, the applicant has not demonstrated that at least two dedicated off-street parking spaces are prOVided for Parcel 2 CondItIOn of Approval 7 PrIor to approval ofthe Fmal Plat, at least two paved off-street parking spaces shall be developed to serve Parcel 2 Fence Standards FmdIng 49 There IS an eXlstmg cham link fence along the adjusted southern property Ime of proposed Parcel 2, and the applicant IS not proposmg to alter the fence Screenmg fencmg IS recommended between eXlstmg commercial and reSidential land uses Date Received- Planner AL ql~/Xffl . , 8 " fIj Fmdmg 50 SectIOn 16090 of the Springfield Development Code regulates the height and style of fencmg m the LDR district However, there IS no reqUirement to mstall fencmg or screening between comparable LDR properties Fmdmg 51 There IS an eXlstmg cham Imk fence approxImately 4 to 5 feet outSide the northern property Ime of proposed Parcel I The applicant has proposed to record an access and mamtenance easement agamst Tax Lot 800 to faCIlitate contmued access to the northern Side of the eXlstmg dwellmg The cham link fence IS entirely wlthm the adjacent property, and as such the property owner would be wlthm their nghts to relocate the fence onto the property Ime Fencmg along private property lines IS a CIVil matter between nelghbonng landowners ConclUSIOn As condllIoned herem, thiS proposal satisfies Criterion 4a 4b Overlay DIstricts and Apphcable Refinement Plan ReqUIrements Fmdmg 52 Development Review staft have reVIewed the apphcatlOn m regard to the Drlnkmg Water Protection Overlay District and Refinement Plan reqUirements No poliCies of the DWP Overlay District or Mld-Sprmgfield Refinement Plan apply to the partition Fmdmg 53 The developer or future landowner will be reqUired to abide by the solar setback requirements ofSDC 16050(5) when applymg for bUlldmg permits on Parcel 2 ConclUSion ThiS proposal satisfies Cnterlon 4b (5) Parkmg areas and mgress-egress pomts have been desIgned to faclhtate vehIcular traffic, bIcycle and pedestrian safety to aVOId congeslIon, prOVIde connectIvIty wlthm the development area and to adjacent resldentI.Il areas, transIt stops, neIghborhood actIvIty centers, and commercial, mdustrlal and pubhc aredS, mInimIZe curb cuts on arterial and collector streets as speCIfied m thIS Code or other apphcable regulatIOns, and comply WIth the ODOT dccess mdnagement standards for state hIghways. Fmdmg 54 The Development Review Committee reVIewed the proposed 2-lot partllIon at a meetmg on August 21, 2007 The proposed driveways and access pomts are suffiCient to serve the proposed parcels As prevIOusly conditIOned, addllIonal off-street parkmg IS required for proposed Parcel 2 (Condition 7) TransportatIon System Impacts Fmdmg 55 Abuttmg the subject site to the west, 38th Street IS a 32-foot Wide asphalt paved roadway wlthm a variable-width right-of-way The street IS Improved to full urban standards With curb, gutter, SIdewalk and street IIghtmg Average daily traffic along thiS street IS estimated to be fewer than 400 vehIcle tripS per day Fmdmg 56 There are eXlstmg dwellings on each of the two proposed parcels Therefore, It IS estimated that no new vehicle tripS would be generated from the proposed partition of the site It IS assumed that development may generate pedestrian and bicycle tripS Accordmg to the "Household" survey done by LCOG m 1994, 12 6 percent of household tripS are made by bicycle or walkmg and 1 8 percent are by transit bus These tripS may have theIr orlgms or dcstmatlOns at a variety of land uses, mcludmg thiS site Pedestnan and bICycle tnps create the need for Sidewalks, pedestnan crossmg Signals, crosswalks, bicycle parkmg and bicycle lanes .),,"lll<~celved ~,407 Planner AL 9 .. , Fmdmg 57 As stated prevIOusly, the applIcant proposes to dedicate a 5-foot wide stnp of street nght- of-way along the site frontage Executed nght-of-way dedicatIOn documents Will be reqUIred for thiS process Fmdmg 58 The eXlstmg transportation facIlItIes would be adequate to accommodate the additIOnal vehicular and pedestnan traffic generated by development of the subject property 10 a safe and effiCient manner Fmdmg 59 The nearest regular transit bus service IS proVIded by L TO Route #11 (Thurston) operatmg along Mam Street CondItIOn of Approval 8 Pnor to approval of the Fmal Plat, the applIcant shall execute and record the street nght-of-way dedication as portrayed on the tentatIve partition plan Site Access and CirculatIOn Fmdmg 60 Installation of dnveways on a street mcreases the number of traffic conflict pomts A greater number of conflIct pomts mcreases the probability of traffic crashes SOC 32080(J)(a) stIpulates that each parcel IS entitled to "an approved access to !! publIc street .. Fmdmg 61 EXlstmg access to the property IS via a 25-foot Wide curb cut and dnveway onto 38th Street The north half (approximately) of the dnveway IS paved, and the south half IS a gravel pad The applIcant proposes to pave the full Width of the dnveway for Jomt use by Parcels 1 and 2 The applIcant IS proposmg to record a 23-foot by 25-foot Jomt access and utIlIty easement across the dnveway for the benefit of both parcels Fmdmg 62 As previously conditIOned, the dnveway servmg Parcel 2 IS to proVide at least two paved off-street parkmg spaces Fmdmg 63 As proposed and conditIoned herem, mgress-egress pomts WIll be planned to faCIlItate traffic and pedestrian safety, aVOid congestIOn and to mmlmlze curb cuts on publIc streets as speclficd 10 SOC Articles 31 and 32, applIcable zonmg and overlay dlstnct Articles, and applIcable refinement plans ConditIons of Approval 9. The applIcant shall configure the Jomt dnveway access to ensure the dnveway approach wmgs do not encroach beyond the projected pnvate easement boundanes 10 The applIcant shall proVide and mamtam adequate VISion clearance tnangles at the corners of the site dnveway 10 accordance With SOC 32 070 ConclUSion As conditIOned herem, thiS proposal satIsfies Cntenon 5 (6) PhYSIcal features, mcludmg, but not lImIted to slgmficant clusters of trees and shrubs, watercourses shown on the Water QualIty LimIted Watercoun.e Map and theIr associated npanan areas, wetlands, rock outcroppmgs and hlstonc features have been evaluated and protected as speCIfied m thIS Code or other applIcable regulatIons FmdIng 64 The sIte IS not WithIn or adjacent to an IdentIfied wetland area Date Received Planner AL +1/?c01 I 10 ., fI' F1Od1Og 65 The Metro Area General Plan, Water Quality LImIted Watercourse Map, State DesIgnated Wetlands Map, HydrIC Sods Map, Wellhead ProtectIon Zone Map, FEMA Map and the list of HIstorIC Landmark sites have been consulted and there are no features need10g to be protected or preserved on thIS sIte If any artIfacts are found dUrIng constructIOn, there are state laws that could apply, ORS 97740, ORS 358 905, ORS 390 235 If human rema10s are dIscovered dur10g constructIon, It IS a Class "COO felony to proceed under ORS 97 740 ConclUSIOn ThIS proposal satIsfies CrIterIon 6 (7) Development of any remainder of the property under the same ownershIp can he accomplIshed 10 accordance WIth the prOVISions of thIS Code F10dmg 66 There IS no other property under the same ownershIp that can be further developed ConclUSIon ThiS proposal satIsfies CrIterIon 7 (8) Adjacent land can be developed or IS prOVIded access that wIll allow Its development ID accordance WIth the proVIsIOns of the SprIngfield Development Code F10dmg 67 Adjacent land IS currently developed WIth reSIdentIal dwell10gs or commerCIal bUlld10gs and has access to public streets ConclUSion ThIs proposal satIsfies CrIterIon 8 (9) When no concurrent annexatIOn applIcatIon submItted" Ith a PartItIon TentatIve Plan on property that IS outSIde of the CIty lImIts but WIthin the CIty'S urbamzable arca, the stdndards speCIfied below shall also apply F10dmg 68 The property 1Ovolved 10 thIS proposal IS 10Slde thc CIty lImits Therefore, tll1S condItIon does not apply ConclUSIOn ThIS proposal satIsfies CnterIon 9 CONCLUSION The tentatIve partItIon, as submItted and condItIOned, complIes WIth CrIterIa 1-9 of SDC 34 050 PortIOns of the proposal approved as submItted may not be substantIvely changed dUrIng platting WIthout an approved modIficatIOn applIcatIon In accordance WIth SDC 34 100 What needs to be done The applicant WIll have up to one vear from the date of thIS letter to meet the applIcable condItIons of approval or Development Code standards and to submIt a F10al PartItIon Plat Please refer to SDC 34080 & 34090 for more 1OformatlOn THE PUBLIC AND PRIVATE IMPROVEMENTS AND THE FINAL PLAT MUST BE IN SUBSTANTIAL CONFORMlTY WITH THE TENTATIVE PLANS AND THE CONDITIONS OF APPROVAL The Fmal Plat IS reqUIred to go through a pre-submIttal process After the F10al Plat applicatIOn IS complete, It must be submItted to the Spr10gfield Development ServIces Department A separate applicatIOn and fees WIll be reqUIred Upon sIgnature by the CIty Surveyor and the Plann10g Department, the Plat may be submItted to Lane County Surveyor for sIgnatures prIor to recordmg No indIVIdual lots may be transferred untIl the plat IS recorded and three (3) copIes of the filed partItIon are returned to the Development ServIces Department by the applIcant Uate ,',(;)('~Ived -M;).,t?7 Planner. AL 11 .. --. CONDITIONS OF APPROVAL I. Pnor to approval of the Fmal Plat, the applIcant shall mstall at least one street tree along the frontage of each parcel, as generally depicted on the tentattve partitIOn plan The street trees shall be suffiCiently removed from adjacent property lInes and shall be species sUitable for plantmg beneath power lInes 2. Pnor to approval of the Fmal Plat, the electncal and telecommunicatIOn services to the eXlstmg dwellmgs shall be placed underground 3 The applIcant shall make arrangements With utilIty providers for uttlIty easements as may be required to accommodate the underground electncal and telecommUnicatIOn services for the dwellmgs on Parcels I and 2 4. Pnor to approval ofthe Fmal Plat, the applIcant shall record the senal property lme adjustment InitIated by Planning Actton SUB2007-00043 5 Pnor to approval of the Fmal Plat, the applIcant shall execute and record the access and mamtenance ea,ement agamst Tax Lot 800 that benefits Parcell and proVide eVIdence thereof to the CIty 6 Pnor to approval of the Fmal Plat, the applIcant shall execute and record the 23-foot by 25-foot jomt access and utilIty easement benefitmg Parcels] and 2 7 Pnor to approval of the Fmal Plat, at least two paved off-street parkmg spaces shall be developed to serve Parcel 2 8 Pnor to approval of the Fmal Plat, the applIcant shall execute and record the street nght-of-way dedicatIOn as portrayed on the tentative partltton plan 9 The applIcant shall configure the jomt dnveway access to ensure the dnveway approach wmgs do not encroach beyond the prOjected pnvate easement boundanes 10 The applIcant shall prOVide and mamtam adequate VISion clearance tnangles at the corners of the site dnveway m accordance With SDC 32 070 Addll1onallnformatlOn: The applIcatIOn, all documents, and eVidence relIed upon by the applIcant, and the applIcable cntena of approval are aVailable for free mspectlOn and copies are available for a fee at the Development Services Department, 225 Fifth Street, Sprmgfield, Oregon Appeal ThiS Type II Tentative PartitIOn deCISion IS conSidered a deCISIOn of the Director and as such may be appealed to the Planning CommiSSIOn The appeal may be filed With the Development ServIces Department by an affected party The appeal must be m accordance With SDC, Arl1c1e 15, Appeals An Appeals applIcatIOn must be submitted to the City WIth a fee of $250 00 The fee Will be returned to the appellant If the Plannmg CommiSSIOn approves the appeal applIcatIOn In accordance With SDC 15 020 whICh proVides for a IS-day appeal penod and Oregon Rules of CIVil Procedures, Rule lO(c) for servIce of nottce by mall, the appeal penod for thiS deCISion expires at 5.00 pm on September 19, 2007 Date Received _~.!:l \ ?f\lll Planner. AL 12 " fI' Questions Please call Andy Llmblrd m the Plannmg DIVISIon of the Development ServIces Department at (541) 726-3784 or ematl dltmblrdCalcl snnn2field or us If you have any questions regardmg thIs process Prepared By ~::!~ Planner U Date Received fir dt?7 Planner AL 13 .. --. Please be advIsed that the followmg IS provIded for mformatlOn only and IS not a component of the subdIvIsIOn decIsIOn. FEES AND PERMITS Svstems Develooment Chames The apphcant must pay applIcable Systems Development Charges when bUildIng permIts are Issued for developments WithIn the City hmlts or WIthIn the Spnngfield Urban Growth Boundary The cost relates to the amount of Increase In ImpervIOus surface area, transportatIOn tnp rate, and plumbIng fixture Units (Spnngfield Code Chapter II, Article I I) Some exceptions apply to Spnngfield Urban Growth areas Systems Development Charges (SDCs) Will apply to the constructIOn of bUildIngs and site Improvements WIthIn the subject site The Charges Will be based upon the rates In effect at the tIme of permit submittal for bUildIngs or site Improvements on each portion or phase of the development Among other charges, SDCs for park and recreatIOn Improvements wIll be collected at tIme of buIldIng permit Issuance for future houses on Parcels 1 and 2, and would be based on the SDC pohcy In effect at that tIme WIllamalane Park and RecreatIOn Dlstnct adVises that the SDC for park and recreatIOn Improvements IS presently $2,303 for each new SIngle-famIly dwellIng SanItarY Sewer In-LIeu-Of-Assessment Pay a Sanitary Sewer In-Lleu-Of-Assessment charge In addition to the regular connectIOn fees If the property or portIOns of the property beIng developed have not prevIOusly been assessed or otherwise participated In the cost of a pubhc sanitary sewer Contact the EngIneenng DlVlSlOn to determIne If In-Lleu-Of-Assessment charge IS applIcable lOrd 5584] Pubhc Infrastructure Fees It IS the responslblhty of the pnvate developer to fund the pubhc Infrastructure reqUired to proVide utIlitIes to the property Other Cltv Permits . BUildIng Permits - In addItIon to standard reqUirements, the developer shall abide by the solar setback reqUirements of SDC 16 050(5) when submittIng for bUildIng permits for the dwelhngs on Parcels 1 and 2 . Encroachment Permit or Sewer Hookup Permit - ReqUired for workIng WIthIn a nght-of-way or pubhc easement Example a new tap to the pubhc storm or sanitary sewer, or adjustIng a manhole The current rate IS $130 for proce"Ing plus apphcable fees and depOSits . Land & DraInage AlteratIon Permit (LDAP) - An LDAP WIll be reqUired for new home construction Contact the SprIngfield Pubhc Works Department at 726-5849 for appropnate apphcatIon reqUirements AdditIonal oermlts/aonrovals that mav be necessarY . PlumbIng Permit to connect the eXistIng house to the stormwater system and to Install new stormwater dram pipes . Electncal Perm It . DIVISion of State Lands (storm water discharge, wetlands) . Department of Environmental QualIty (eroSIOn control, stormwater discharge, wetlands) . US Army Corps of EngIneers (stormwater discharge, wetlands) 0<.01.1 :S1v..:d q\ '1 \:lOo1 Planner AL 14 " fIj , , , I CITY OF SPRINGFIELD DEVELOPMENT SERVICES DEPARTMENT 225 5th ST SPRINGFIELD, OR 97477 \ iii... "'.. ~ ..11... .,. '.".'.""'''". ", ." Mark Lasco Northvlew Investments 33855 Van Duyn Road Eugene, OR 97408 - '" CITY OF SPRINGFIELD DEVELOPMENT SERVICES DEPARTMENT 225 5th ST SPRINGFIELD, OR 97477 I Don Branch Branch Englneerlng 310 F1fth Street Sprlngfleld, OR 97477 Date ReceIved f.4~C7._ Planner. AL '/ Y /'<. ~b