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HomeMy WebLinkAboutRecommendation Sheet PLANNER 2/17/2006 / r.;- Type II tentative partition review, staff report & decision Project Name: Wartenbee/Miller Partition Project Proposal: Partition one residential parcel into two residential parcels Case Number: SUB2006-00003 Project Location: 1127 18th Street Zoning: Low Density Residential (LOR) Comprehensive Plan Designation: LOR Pre-Submittal Meeting Date: 12/09/05 Applicaiion Submitted Date: 1/06/06 '.' Decision Issued Date: 2/17/06 Recommendation: Approval with Conditions Appeal Deadline Date: 3/2/06 Natural Features: None Development Issues: .Density: 9 units per acre. Associated Applications: PRE2005c00080 POSITION I Proiect ManaQer I Transportation PlanninQ EnQineer I Public Works Civil EnQirieer I Public Works EIT I Deputy Fire Marshall I Community Services Manaqer . REVIEW OF Planninq Transportation Utilities Sanitary & Storm Sewer Fire and Life Safety Buiidinq NAME Sarah Summers Gary McKenney Steve Barnes I PHONE 1. 726,4611 1 726-4585 1 736-1036 I 736-1035 I 726-2293 1 726-3668 I CITY OF SPRINGFIELD DEVELOPMENT REVIEW TEAM 4.A,",:~~ :~:-.~ .u _ Gilbert Gordon Dave Puent APPLICANT'S DEVELOPMENT REVIEW TEAM. Owner/Applicant: Shane Wartenbee/Mike Miller 1101 16th Street . . Sprinqfield, OR 97477 Engineer: Todd Powell, Higa-Burkholder 160 Seventh Street Sprinqfield, OR 97477 { :; SITE DECISION: Tentative Approval, with conditions, as of the date ofthis letter. The standards of the Springfield Development Code (SDC) applicable to each criterion of Partition Approval are listed herein and are satisfied by the submitted plans and notes unless specifically noted with findings and conditions necessary for compliance. 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 deyelopment will be in 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 in SDC 3.080 and the partition criteria of approval, SDC 34.050. This application was accepted as complete on 1/6/06. This decision is issued on.the 42nd day of the ~20 days mandated by the state. . SITE INFO~MATION: The 0.23 acre development site contains one house. The partition will create 2 parcels with the existing house on one parcel and one vacant parcel. The site has frontage on 18th Street. Proposed access to the back parcel is with an access easement. Surrounding properties are also zoned LDR. WRITTEN COMMENTS: . Procedural Finding: 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 3.080 and 14.030). The applicant and parties submitting written comments during the notice period have appeal rights and are mailed a copy of this decision for consideration. ) 2 Procedural Finding: In accordance with SDC 3.080 and 14.030, notice was sent to owner/occupants within 300 feet of the subject site. No written comments were received in response to the Nofice of Surrounding Property Owners sent out January 9, 2006. " CRITERIA OF PARTITION TENTATIVE APPROVAL: SDC 34.050 states that the Director shall approve or approve with conditions a Partition Tentative Plan application upon determining that criteria (1) through (g) of this Section have been satisfied. If conditions cannot be attached to satisfy the criteria, the Director shall deny the application. . . (1) The request conforms to the requirements of this Code pertaining to' parcel size and dimensions. Finding 1: Pursuant to SDC Section 16.030(1 ),.Iots on east/west streets shall have a minimum lot size of 4,500 square feet and a minimum frontage of 45 feet. . Finding 2: Parcel 1 is located on an east/west street and exceeds the minimum requirements for size and frontage. Finding 3: SDC 16.030((6)(a) requires panhandle parcels to be 4,500 square feet in the pan portion with 20 feet of frontage for a single panhandle. Finding 4: Parcel 2 is proposed to be 4,500 square feet. Finding 5: SDC 16.030(6)(b)6 allows the Director to waive the requirement that buildable parcels have frontage on a public street when access has been guaranteed via a driveway with an irrevocable joint use/access easement when a proposed land division includes a single panhandle parcel where the front parcel contains an existing primary structure and the land required for the panhandle diminishes the required 5-foot wide side yard setback applicable to that front parcel and/or the panhandle width standard cannot be met.. Finding 6: The existing house on the site is.located approximately 19 feet from the north property line making it impossible to create a 20-foot wide panhandle lot at the rear of the existing lot. Finding 7: SDC 16.030(6)(b )6bi states that the minimum width for a single panhandle parcel irrevocable access easement is 14 feet. , Finding 8: The applicant is proposing an 18-foot wide irrevocable joint use/access easement for Parcel 2. Conclusion: This proposal as conditioned satisfies Criterion 1. (2) The zoning is consistent with the Metro Plan diagram and/or applicable Refinement Plan diagram, Plan District map, and Conceptual Development Plan. 3 Finding 9: The subject property is designated Low Density Residential (LDR) by the Metro Plan. The zoning of the property is LDR, consistent with the Metro Plan designation. No change to the zoning designation or boundaries is proposed. Conclusion: This proposal satisfies Criterion 2. (3) Capacity requirements of public improvements, including but not limited to water and electricity; sanitary sewer and stormwater 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.. General Finding 10: For all public improvements, the applicant shall retain a private professional civil engineer to design the partition improvements in conformance with City codes, this decision, and the current Engineering Design Standards Manual. The priyate civil engineer shall also be required to provide construction inspection services. , General Finding 11: The Public Works Director's representatives have reviewed the proposed partition. City staffs review comments have been incorporated in findings and conditions contained herein. General Finding 12: Criterion 3 contains' sub-elements and applicable code standards. The partition application as submitted complies with the code standards. listed under each sub-element unless otherwise noted with specific findings and conclusions. The sub-elements and code standards of Criterion 3 include but are not limited to: Public improyements in Accordance with SDC 31 and 32 . o Public Streets and Related Improvements (SDC 32.020-32.090) o Sanitary Sewer Iml"rovements (SDC 32.100) o Storm Water Management (SDC32.110, 31.240) o Water and Electric Improvements (SDC 32.120(1)) o Fire and Life Safety Improvements (SDC 32.120(3)) . o Public and Private Easements (SDC 32.120(1) and (5)) Public Streets and Related Improvements Transoortation Svstem Impacts: Finding 13: Abutting the subject site, 18th Street is a 36-foot wide local street within a 60-foot wide right of way. The street is improved with paving, curb/gutter and low pressure sodium street lighting: there are no sidewalks on the property . frontage. Average daily traffic on 18th Street is approximately 3,600 vehicle trips per day. . 4 Finding 14: Based on ITE Land Use Code 210 (Single-Family Detached Housing) development of the one new parcel would generate 10 additional vehicle trips per day and 1 PM peak-hour vehicle trip onto the surrounding street system. In addition, assumed development may generate pedestrian and bicycle trips. According to the "Household" survey done by LCOG in 1994, 12.6 percent of household trips are made by bicycle or walking and 1.8 percent are by transit bus. These trips may haye their origins or destinations at a variety of land uses, including this site. Pedestrian and bicycle trips create the need for sidewalks, pedestrian crossing signals, crosswalks, bicycle parking and bicycle lanes. The applicant proposes to construct sidewalk improvements along the full site frontage. 'Finding 15: A 90-watt low-pressure-sodium street light is mounted to a SUB- owned pole located on the west side of 'S'Street opposite .the northern site boundary. To provide for safe pedestrian and vehicular traffic movements during nighttime hours street lighting is needed that will adequately illuminate the street and sidewalk areas adjacent to the development site. The city's street lighting standards, which are based on the Illuminating Engineering Society (IES), American National Standard Practice for Roadway Lighting - RP - 8, specify the use of high-pressure sodium street lights in residential zones. Finding 16: Additional vehicular and pedestrian traffic ,S;reated by development of the subject property will contribute to the need for street lighting improvements on 18th Street to accommodate all modes of trayel. As conditioned below, existing and planned street improyements would .be adequate to' accommodate additional traffic generated by development on the proposed new parcel in a safe and efficient manner. Finding 17: SDC 32.020(7)(b) requires that whenever a proposed land division or development will increase traffic on the City street system and that dev'elopment has any unimproved street frontage abutting a fully improved street, that street frontage shall be fully improved to City specifications. Finding 18: The existing' house fronts 18th Street which has existing curb and gutter. The applicant proposes to build a curbside 5-foot wide sidewalk along the frontage. " Conditions of Approval: 1. Execute and record an Improvement Agreement for street lighting improvements on 18th Street. .I 2. Prior to final plat approval, the applicant shall install the proposed sidewalk, curb cuts and street trees, and pave the driveway that serves Parcel 1. , Water and Electric Improvements Finding 1 g: SDC 32.120(3) requires each development area to be provided with a water system having sufficiently sized mains and lesser.lines to furnish 'adequate supply to the development' and sufficient access for maintenance'. Springfield Utility Board (SUB) coordinates the design of the water system within Springfield City 5 c Limits. The current pla'n proposal does not show locations or sizes of proposed water lines. Finding 20: SUB states that the proposed development will require the installation of a new water service line crossing in 18th Street. Please refer to the January 27, 2006 letter from Bat McKee at SUB Water Division. . Finding 21: SUB Electric requires a 7 -foot wide easement along the south property line of both proposed parceis. The nearest connection for the site is on the west side of 18th Street. A pole will be set at the southwest property corner of Parcel 1 with underground power to a J box to be placed on Parcel 2. Contact Bryan Brewster at SUB Electric Division (726-23.95). Conditions of Approval: 3. The applicant shall coordinate placement of the water system with SUB Water Division prior to final plat approval. 4. The applicant shall coordinate location of power and required easements for ,the proposed parcels with SUB Electric Division prior to final plat approval. Easements must be dedicated with the final plat. . Fire and Life Safety Improvements Finding 22: Springfield Fire Code section 503.2.1 requires a minimum 20-foot wide clear width access. The proposal does not meet this requirement. Fire/Life Safety sugge,sts the following solutions: 1) Obtain a two-foot easement with the neighbors to the north, or 2) Provide a building footprint on Parcel 2 which shows that access to all points of that building can be reached within 150 feet (meeting requirements of SFC 503.1.1) of a point on the access drive west of the existing house where the access can be widened to 20 feet on the property or at a point on 18th Street. Contact Gilbert Gordon, Deputy Fire Marshall, at 726-2293 for more information. Finding 23: No parking is permitted on either side of the a.ccess easement per SFC 503.2.1. Finding 24: If the driveway is to support fire apparatus, Fire/Life Safety requires it to be an all-weather surface capable of supporting an 80,000 Ib load. Condition of Approval: 5. No parking signage shall be posted on either side of the access easement (SFC 503.3 and SFC Appendix D103.6) Conclusion: This criterion is satisfied as conditioned. (4) The proposed development shall comply with all applicable public and private design and construction standards contained in this Code and other applicable regulations. 6 General Finding 25: Criterion 4 contains two elements with sub"elements and applicable Code standards. The partition application as submitted complies with. the code standards iisted under each sub-element unless otherwise noted with specific findings and conclusions. The elements, sub-elements and Code standards of Criterion 4 include but are not limited to: 4a Conformance with standards of SDC 31, 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 16.070 and 31.170-230) o Fence Standards (SDC 16.090) o Landscaping Standards (SDC 31.130-150) o Screening and Lighting (SDC 31.160) 4b Overlay Districts and Applicable Refinement Plan Requirements . 4a Conformance with standards of SDC 31, Site Plan Review, and SDC 16, Residential Zoning Off ~treet Parking Standards Finding 26: SDC 16.070(5)(d) requires 2 off-street parking spaces for each single-family dwelling. The site currently has a gravel parking area approximately 16' x 15' that is on the applicant's property. These parking spaces and driveway abut an improved street and must be paved. Condition of Approval: 6. . Two paved parking spaces are required to be located on Parcel 1 to a depth of at least 18 feet behind the property line. These paved parking spaces are required to be. installed prior to final plat approval (SDC 32.080 Table 32-2). Conclusion: This criterion is satisfied as conditioned. 3b Overlay Districts and Applicable Refinement Plan Requirements Finding 27: There are no overlay districts or refinement plans applicable to this property. . Conclusion: This criterion is satisfied as proposed. (5) 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 curb cuts 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. 7 Finding 28:, The Development Review Committee reviewed the proposed 2- parcel partition. Except for the following, the proposed parking, driveways and . access points are sufficient to serve the proposed parcels. Site Access and Circulation Finding 29: Installation of driveways on a street increases the number of traffic conflict points. The greater number of conflict points increases the probability of traffic crashes. SDC 32.080(1) (a) stipulates that each parcel is entitled to "an approved access to 9. public street." Finding 30: Existing access to the property is via a break in the curb of 18th Street and a gravel surfaced driveway located near the southern property boundary. Finding 31: As proposed, Parcel 1 would have full frontage (70 feet) ~Jn 18th Street; Parcel 2 would have no street frontage. The applicant proposes to consiruct a 15cfoot wide standard driveway apron at the existing driveway location to serve Parcel 1, and to provide access to Parcel 2 via a new driyeway over an 18-footwide easement along the north side of Parcel 1. As proposed, a portion of the driveway apron serying Parcel 2 would extend beyond the prope'rty' frontage and encroach onto the frontage of the adjacent property to the north. Re-design of this driveway is required to eliminate the encroachment. Finding 32: The gravel driveway and parking areas that serve Parcel 1 have . previously been required to be paved (SDC 32.080 Table 32-2). Finding 33' As conditioned below ingress-egress points will be planned to facilitate traffic and pedestrian safety, avoid congestion and to minimize curb cuts on public streets as specified in SDC Articles 31 and 32, applicable zoning and or overlay district Articles, and applicable refinement plans. Conditions of Approval: 7. The driveway proposed to serve Parcel 2 shall be constructed so as to be entirely within the applicant's property frontage. . 8. Execute and record a joint-use access easement to benefit Parcel 2 as proposed. 9. Provide and maintain adequate vision clearance triangles at the corners of all site driveways per SDC 32.070. . Conclusion: As conditioned, this proposal satisfies Criterion 5. (6) Physical features, including, but not limited to significant clusters of trees and shrubs, watercourses shown on the Water Quality Limited Watercourse Map and their associated riparian areas, wetlands, rock outcroppings and historic features have been evaluated and protected as specified in this Code or other applicable regulations. 8 .. Finding 34: The Metro Area General Plan, Water Quality Limited WatercourSe Map, State Designated Wetlands Map, Hydric Soils Map, Wellhead Protection Zone Map, FEMA Map and the list of Historic Landmark sites have been consulted and there are no features needing to be protected or preserved on this site. If any artifacts are found during construction, there are state laws that could apply; ORS 97.740, ORS 358.905, ORS 390.235. If human remains are discovered during construction, it is a Class "C" felony to proceed under ORS 97.740. Conclusion: This proposal satisfies Criterion 6. (7) . Development of any remainder of th~ property under the same ownership can be accomplished in accordance with the provisions of this Code. . Finding 35: There is no other properly under the same ownership that can be further developed. Conclusion: This proposal satisfies Crit~rion 7. (B) Adjacent land can be developed or is provided access that will allow its development in accordance with the provisions of the Springfield Development Code. . Finding 37: Adjacent land is currently developed with residential dwellings and has access to public streets. - Conclusion: This proposal satisfies Criterion 8. (9) When no concurrent annexation application submitted with a Partition Tentative Plan on property that is outside ofthe city limits butwithin the City's urbanizable area, the standards specified below shall also apply. Finding 38: The property in'volved in this proposal is located inside the City Limits, therefore, Criterion 9 is not appiicable. Conclusion: This proposal satisfies Criterion 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. . . J What needs to be done: The applicant will have up to one vear from the date of this leiter to meet any of the attached conditions of approval or Development Code . standards and to submit a Final Partition Plat. If the Public Improvement Plans and/or the Final Plat are notin substantial conformity to the tentative plans, the applicant must submit an application for a modification. The Final Plat is required go through a pre-submittal process. After the Final Plat application is complete, it must be submitted to the Springfield Development Services Department. A separate application and fees will be required. Upon signature by the City , . . 9 J . i. '. Surveyor and the Planning Manager, the Plat may be submitted to Lane CountY! Surveyor for signatures prior to recording. No individual lots may be transferred until the plat is recorded. and five (5) copies of the filed partition are returned to the Development Services Department by the applicant. CONDITIONS OF APPROVAL: ~xecute and record an Impr;vement Agreement for street lighting improve~ents on 18th Street. \-10 - 0'7> 0. Prior to final plat approval, the applicant shall install the proposed sidewalk, curbcuts . and street trees, and pave the driveway that serves Parcel 1. 3. The applicant shall coordinate placement of the water system with SUB Water Division prior to.final plat approyal. 4. The applicant shall coordinate location of power and required easements for the proposed parcels with SUB Electric Division prior to final plat approval. Easements must be dedicated with the final plat. 5. No parking signage shall be posted on either side of the access easement (SFC 503.3 and SFC Appendix D103.6) l' -, . . /U. . Two paved parking spaces are required to be located on Parcel 1 to a depth of at least 18 feet behind the property line. These paved parking spaces are required to be installed prior to final plat approyal (SDC 32.080 Table 32-2). 7. The driveway proposed to serve Parcel 2 shall be constructed so as to be entirely within the applicant's property frontage. 8. Execute and record a joint-use access easement to benefit Parcel 2 as proposed." . 9. Provide and maintain adequate vision clearance triangles at the corners of all site driveways per SDC 32.070. 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 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 Developrnent Services Department by an affected party. The appeal must be in accordance with SDC, Article 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 Planning Commission approves the appeal application. In accordance with SDC 15.020 which provides for a 10-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 March 2, 2006. 10 . Questions: Please call Sarah Summers in the Planning Dil(ision of the Development Services Department at (541) 726-4611 if you have any questions regarding this process. Prepared By: Sarah Summers Planner .... - T( +~\ \~ t/ e ?'erd, f wJi^3o d~ ~ I ~,.. - oJ. ^ J , c - " r \ I \ . 11