HomeMy WebLinkAboutPlan, Tentative PLANNER 6/20/2008
1'~
Notice of Decision -Partition Tentative Plan
Project Name: Benson partition
Project Proposal: partition one lot into three parcels.
Case Number: SUB2008-00011
Project Location: 58th and North U AU
Property size: 18,165 sf
Base Zone: LDR (Low Density Residential)'Zone .
OverIayDistrict(s): n/ a
Metro Plan Designation: Low Density Residential
Refinement PlanjDesignation: n/ a
Pre-Submittal Meeting Date: January 8, 2008
Application Submitted Date: February 15, 2008
Decision Issued Date: April 1, 2008
Appeal Deadline Date: April 16, 2008
Other Application(s): none
I €ITY OF SPRINGFIEUD DEVELoPMENT REVIEW TEAM
I POSITION ' REVIEW OF
I Project Manager Planning
I Transportation Planning Engineer Transportation
Public Works Civil Engineer
Utilities, Sanitary &
Storm Sewer
I Deputy Fire Marshall Fire and Life Safety
I Community Services Manager Building
I
11\f:PTII€AN'r:SDEVELOPMliNT'REVIEw TEAM
Owner/Applicant: Representative:
Vern Benson Dave Collier
940 HWY 99 N 75506 Blue Mtn School Rd
,Eugene OR 97402-2009 Cottage Grove OR 97424 .
Benson
Case No, 5UB2008-000 II
NAME ' PHONE
Steve Hopkins 726-3649
Gary McKenney 726-4585
Eric Walter 736-1034
Gilbert Gordon 726-2293
Dave Puent 726-3668
''',,''
Date Received: ~/:J-./nD~
Planner: AL
~~-
Site:
~. ~. ."..... .t'
... . .", ~
{50 ~_ _ 5O~lJ()_ lsOFeet I ' ;
.-
Summary of proposal: Divide one lot into three parcels in the LDR zone. The parcels will be
accessed via a common driveway.
Decision: Tentative Approval with conditions, as of the date of this letter. The standards of
the Springfield Development Code (SDC) applicable to each criterion of approval are listed
herein and are satisfied by the submitted plans and notes unless specifically noted with findings
and conditions necessary for compliance. The Final Plat must conform to the submitted plans
as conditioned herein. This is a limited land use decision made according to city code and state
statutes. Unless appealed, the decision is final. Please read this document carefully.
Other Uses Authorized by the Decision: None. Future development will be in accordance with
the provisions of the SOC, filed easements and agreements, and all applicable local, state and
federal regulations.
Review Process: This application is reviewed under Type II procedures listed in SDC 5.1-130,
the Tentative Plan Criteria of Approval, SDC 5.12-125, and the Land Division Standards of
Article 5.12-100.
Benson
Cose No. SUB200lUJOOII
Date ReceIVed:..J:.b./ ).l~t
Planner: AL
Procedural Findings:
. Applications for. Limited Land Use Decisions require the notification of property
owners/ occupants within 300 feet of the subject property allowing for a 14 day
comment period on the application (SDC Sections 5.1-130 and 5.2-115). The applicant
and parties submitting written comments during the notice period have appeal rights
. and are mailed a copy of this decision for consideration.
. Notice was sent to adjacent property owners/occupants within 300 feet of the subject
site on February 27; 200S.
. On March IS, 200S, the Development Review Committee reviewed the proposed plans.
City staff's review comments have been reduced to findings and conditions only as
necessary for compliance with the Tentative Plan Criteria of Approval contained in SDC
5.12-125. This decision was issued on the 45"' day of the 120 days mandated by the state.
. In accordance with SDC 5.12-145, the Final Plat shall comply with the requirements of
the SDC and the conditions imposed by the Director in this decision. The Final Plat
otherwise shall be in substantial conformity with the tentative plan reviewed. Portions
of the proposal approved as submitted during tentative review cannot be substantively
changed during Final Plat approval.
Comments Received:' No comments were received.
SDC 5.12-125 Tentative Plan Criteria
The Director shall approve or approve with conditions a Tentative Plan application upon
determining that all applicable criteria have been satisfied. U conditions cannot be attached to
satisfy the approval criteria, the Director shall deny the application. In the case of Partitions that
involve the donation of land to a public agency, the. Director may waive any approval criteria
upon determining the particular criterion can be addressed as part of a future development
application.
A, The request conforms to the provisions of this Code pertaining to lot/parcel size and
dimensions.
Finding: The property is zoned LDR (Low Density Residential). There are two
panhandle parcels and one standard parcel. Access is provided with an IS-foot
driveway within a 26 feet wide access.easement which would.serve all three parcels.
Condition of Aooroval #1: Prior to final olat aoorovaL execute and record an
~evocableaccess easement to the benefit of all oarcels.
Conclusion: As conditioned, the proposal complies with sbc 5.12-125(A).
B. The zoning is consistent with the Metro Plan diagram and/or applicable Refinement
Plan diagram, Plan District map, and Concephtal Development Plan,
Benson
Case Na. SUB200B-OOO II
Dat~ Received;~~X'
Planner: AL
Finding: The zoning is LOR and the Metro Plan designates this area as Low Density
Residential.
Conclusion: The proposal complies with SDC 5.12-125(B).
C. Capacity requirements of public and private facilities, including but not limited to,
water and electricity; sanitary sewer and stonnwater management facilities; and streets
and traffic safety controls shall not be exceeded and the public improvements shall be
available to serve the site at the time of development, unless otherwise provided for by
this Code and other applicable regulations, The Public Works Director or a utility
provider shall determine capacity issues,
Fin'ding: Water and sanitary lines will be located in a joint utility easement in the
- common driveway. Stonn lines will be along the northern property lines and connect to
the public line in 58th Street. As shown in the tentative plans, the water meters for -
Parcels 2 and 3 will be located near the sidewalk at the southern property line.
Condition of Approval #2: Prior to approval of the final plat, all utilities shall be
_ extended to the pan portion of the panhandle lots.
Finding: The applicant has proposed extension of 8 inch public wastewater lines with
service laterals to serve all lots within the development. The connection to the existing
public system is located at North" A" Street, west of 58th St. Extending the sanitary -
sewer along 58th St. will require a public improvement permit (PIP) from the City of
- Springfield Public Works Department. Details regarding the PIP requirements are
contained in Chapter 12 of the City of Springfield Engineering Design Standards and
Procedures Manual. Contact Eric Walter (736-1034) for further information about the
PIP.
Finding: The City's EDSPM states in Section 2.02.8 that sewers shall be located in the
right-of-way at street centerline or within 5 feet of centerline of the street. -Sewers in
- easements shall only be allowed after all reasonable attempts to place the mains in the
rights-oi-way have been exhausted.
Condition of Approval #3: Prior to final plat approval, the applicant shall obtain a
public improvement permit (PIP) from the City of Springfield Public Works Department
for extending the sanitarv sewer along 58th Street from North" A" Street. The final plat
can be approved after the bond for the PIP is submitted bv the applicant and accepted
bv the citv.
Finding: The storm water management will be provided by piping roof runoff into an
existing storm water conveyance system that is located on 58th Street. Roof runoff will
be collected in a 6" storm.water line located in a proposed 7 it private drainage
easement. There is an existing 7 ft public utility easement along the northern property
line. that conflicts with the proposed private 7 it storm water easement. The easement is
recorded as instrument #859126, recorded July 29, 1978. The applicant is proposing to
vacate that easement. That easement should remain because it extends beyond the
subject property and could be used when the adjacent properties redevelop. One option
is to create a 3' private drainage easement adjacent to the 7' public utility easement.
Benson
Case Na. SUB2008-000 II
Date Re~h'ed:-'k/h>06
Planner: AI. - 4
Condition of Aooroval #4: Prior to aporoval of the final plat. revise the drainage plans to
address the following items:
1. The public and private easements shall not overlap.
2. The existing public easement (Instrument #859126\ shall remain.
3. The roof drainage of each parcel shall be directed to the public svstem or an
approved private svstem.
Finding: The storm water runoff from the private driveway will be collected by a catCh
basin located at the east end of the driveway. The storm water will then discharge into
the existing gutter system located along 58th Street through a weep hole to the public
storm water conveyance system. An encroachment permit is required for this
connection to the curb inlet.
Condition of Aooroval #5: Prior to approval of the final plat. obtain an encroachment
oermit for connectinl! to the existinl! curb inlet located in the Dublic ril!ht-of-wav on 58th
Street.
Finding: Comments from'SUB indicate electrical service can be extended along ~e
southern or property lines or along the northern border of the common driveway. The
associated easement will need to extend from 58th Street to the pan portion of Parcel 3. It
does not need to serve the adjacent property. SUB does not want to extend service along
the northern property line due to the amount of voltage drop caused from excessive line
distance.
Finding: Abutting the subject site to the east is 58th Street, which is a 46 foot wide paved
roadway withill a 65 foot right of way. The street is improved with curb/ gutter, and a
street-abutting sidewalk. On the east side of 58th Street, across the street from the
northeast and southeast corners of the property, are two low sodium street lights.
Average daily traffic along this street is estimated to be less .than 6200 vehicle trips per
day.
Finding: Based on ITE Land Use Code 210 (Single-Family Detached Housing)
development of three dwellings would generate 30 additional vehicle trips per day and
three PM peak-hour vehicle trips onto the surrounding street system. As proposed, the
development will not have significant traffic impacts to the abutting street system.
Conclusion: As conditioned, the proposal complies with SDC 5.12~125(C).
D. The proposed land. division shall comply with all applicable public and private
design and construction standards contained in this Code and other applicable
regulations. .,
Finding:SDC Section 4.3-125 requires all utility lines to be placed underground. SDC
5.12-130(L) requires utilities to be installed to the pan portion of the pan handle parcels
prior to approval of the final plat.
Condition of Approval #6: Prior to approval of the final plat, all utilities shall be
installed to the pan portion of the panhandle parcels.
Benson
Case Na. SUB200B-OOO II
Date ReGei\Jed:~/J--dO f
Planner: AL
5
Finding: SDC 4.2-140 requires street trees along the 58th street frontage. No trees are
proposed. The trees shall be 2" caliper and space approximately 30' apart. The list of
'\ acceptable tree species is contained in Section 6.02.2.A of the Engineering Design
Standards and Practices Manual. Trees can be installed prior to occupancy of the
dwelling on the parcel with the street frontage (parcell).
Condition of Approval #7: Prior to occupancv of the dwelling on parcell, street trees
shall be planted.
Conclusion: As conditioned, the proposal complies with SDC 5.12-125(D).
E. Physical features, including, but not limited to: steep slopes with unstable soil or
geologic conditions; areas with susceptibility of flooding; significant clusters of trees
and shrubs; watercourses shown on the WQLW Map and their associated riparian areas;
wetlands; rock outcroppings; open spaces; and areas of historic and/or archaeological
significance, as may be specified in Section 3.3-900'or ORS 97,740-760, 358,905-955 and
390,235-240, shall be protected as specified in this Code or in State or Federal law,
Finding: The Natural Resources Study, the National Wetlands Inventory, theSpringfield
Wetland Inventory Map, and the list of Historic Landmark Sites were consulted. No
historic or cultural resources have been identified on this site.
Conclusion: The proposal complies with SDC 5.12-125(E).
F. Parking areas and ingress-egress points have been designed to: facilitate vehicular
traffic, bicycle and pedestrian safety to avoid congestion; provide connectivity within
the development area and to adjacent reSidential areas, transit stops, neighborhood
activity centers, and commercial, industrial and public. areas; minimize driveways on
arterial and collector streets as specified in this Code or other applicable regulations and
comply with the ODOT access management standards for State highways.
Finding: The common driveway must be paved at least 18' wide. Because there is more
than one panhandle lot, the utilities must be extended to the pan portion of the back lot
(parcel 3) prior to approval of the final plat.
Condition of Approval #8: Prior to approval of the final plat, the common drivewav
shall be paved at least 18' wide to the pan portion of Parcel 3,
Finding: The SDC requires adequate fire protection as deteTIrrlned by the Fire Marshall.
Adequate fire protection is interpreted to include access and water supply. The
comments from the Deputy Fire Marshall indicate that water supply is adequate;
ho~ever, adequate premises identification is required to provide timely access to the
future dwellings on parcels 2and 3. These parcels will be addressed on 58th street and
are designed as panhandle lots. To insure timely and efficient access, the address of the
future dwellings on Lots 2 and 3 must be visible from 58th Street. This will be required
prior to final plat approval.
Condition of Approval #9: Prior to approval of the final plat. the approved addresses as
assigned bv the Building Official for Parcels 2 and 3 shall be clearlv identified with
permanent signage placed in a position that is plainlv visible and legible from 58th Street.
Benson
Case Na. SUB200B-OOO II .
Date Recei'l6d:
Planner: AL
?kl~JI
The signage shall be in accordance with Springfield Fire Code 505.1: Prerllises
Jdentification.
Conclusion:As conditioned, the proposal complies with SDC 5.12-125(F).
G, Development of any remainder of the property 'under the same ownership can be
accomplished as specified in this Code.
Finding: There is no adjacent property under the same ownership.
Conclusion: The proposal complies with SDC 5.12-125(G).
H, Adjacent land can be developed or is provided access that will allow its development
as specified in this Code.
Finding: The applicant is proposing to vacate an existing 7 ft public utility easement
along the northern property line that conflicts with the proposed private 7 ft storm water
easement. That easement extends beyond the subject property and would be used when
then adjacent properties redevelop. Vacating that easement would negatively affect
development of the adjacent properties. Based on a conversation with the applicant on
March 27, 2008, the existing easement will not be vacated and the private easement and
drainage plans will be revised. This will be verified prior to approval of the final plat.
Conclusion: The proposal complies with SDC 5.12-125(H).
1. Where the Partition of property that is outside of the city limits but within the City's
urbanizable area and no concurrent annexation application is submitted, the
standards specified below shall also apply,
Finding: The site is inside the city limits.
Conclusion: The proposal complies with SDC 5.12-125(1).
J. Where the Subdivision of a manufactured dwelling park or mobile home park is
proposed, the following approval criteria apply:
Finding: This is not a subdivision of a manufactured home park.
Conclusion: The proposal complies with SDC 5.12-125(J).
DETERMINATION: Based on the evidence in the record. the. Director determines the
proposal complies with SDC 5.12-125IA\-m. subiect to the Conditions of Approval attached
to this report.
What Needs To Be Done?
SDC 5.12-140 states: The subdivision Plat pre-submittal meeting shall be held within 2 years
of the date of Tentative Plan approval (the date of this letter), The mylars and application fee
Benson
Case Na. SUB200B-OOO II
Date Received:
Planner: AL
~ ~/u/~!
shall be submitted within 180 days of the pre-submittal meeting. If the applicant has not
submitted the Partition Plat within these times, Tentative Plan approval shall become null
and void and re-submittal of the Tentative Plan shall be required.
A Final Plat application is charged upon submittal of the complete application and all required
documents, and after all conditions of approval are met, including the construction of public
and private improvements and extension of utilities required through this decision. 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
and the mylar copy of the filed Partition is returned to the City Surveyor,
Summary of Conditions of AODroval
To the extent necessary to satisfy the approval criteria of Section 5.12-125, comply with all
applicable provisions of this Code and to mitigate identified negative impacts to surrounding
properties, the Director shall impose approval conditions. . Unless otherwise noted, all
conditions shall be satisfied prior to Plat approval.
1. Prior to final plat approval, execute and record an irrevocable access easement to the
benefit of all parcels.
2. Prior to approval of the final'plat, all utilities shall be extended to the pan portion of the
panhandle Jots.
3. Prior to final plat approval, the applicant shall obtain a public improvement permit (PIP)
from the City of Springfield Public Works Department for extending the sanitary sewer
along 58th Street from North U AU Street. The final plat can be approved after the bond
for the PIP is submitted by the applicant and accepted by the city.
4. Prior to approval of the final plat, revise the drainage plans to address the following items:
. The public and private easements shall not overlap.
. The existing public easement (Instrument #859126) shall remain.
. The roof drainage of each parcel shall be directed to the public system or an
approved private system:.'
5. Prior to approval of the final plat, obtain an encroachment permit for connecting to the '
existing curb inlet located in the public right-of-way on 58th Street.
6. Prior to approval of the final plat, all utilities shall be installed to the pan portion of the
panhandle parcels.
7. Prior to occuoancv of the dwelling on parcell. street trees shall be olanted.
8. Prior to approval of the final plat, the common driveway shall be paved at least 18' wide
to the pan portion of Parcel 3. "
9. Prior to approval of the final plat, the approved addresses as assigned by the Building
Official for Parcels 2 and 3 shall be clearly identified with permanent signage placed in a
position that is plainly visible and legible from 58'" Street. The signage shall be in
accordance with Springfield Fire Code 505.1: Premises Identification. '
Benson
Case Na, SUB200B.OoiJl I
Date Recelved:_.0lM>C L
Planner: AL
.
Additional Information: The application, all documents, and evidence relied upon by the
applicant, and the applicable criteria of approval are available for free inspection and copies are
available for a fee at the Development Services Department, 225 Fifth Street, Springfield,
Oregon.
Appeal: This Type II Tentative decision 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 in accordance with SDC, Section 5.3-100, 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 Planning Commission approves the appeal application. .
In accordance with SDC 5.3-115(B) wlUch provides for a 15-day appeal period and Oregon
Rules of Civil Procedures, Rule 10(c) for service of notice by mail, the appeal period for this
decision expires at 5:00 p.m. on April 16, 2008.
Questions: Please call Steve Hopkins in the Planning Division of the Development Services
Department at (541) 726-3649 if you have any questions regarding this process.
Prepared by:
"
Steve Hopkins, AICP
Planner II
Development Services - Urban Planning Division
Benson .
Case No. 5UB100B-OOO 11
Date Received'
Planner: AL
6/)oJ~1