HomeMy WebLinkAboutNotice PLANNER 2/17/2006
AFFIDA VIT OF SERVICE
STATE OF. OREGON )
) ss.
County of Lane )
I, Karen LaFleur, being first.duly sworn, do hereby depose and say as follows:
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1. I state that I am a Clerk III for'the Planning Division of the Development Services
Department, City of Springfield, Oregon.
2. I state that in illY capacity as~le~ 111,,1. p[epared and caused to be mailed copies
~ue>'200~oc:><?03 ~O--".. /1/1 0 L...o.
of l>,........ d>, ~..;-.... +'<u.+ ",.:.0-. . (See attachment "A") on
.;>. \\"1 :-' 2006 addressed to (see Attachment B"), by causing said letters to be
placed in a U.S. mail box with postage fully prepaid thereon.
'd<tLN~ 2{~
KA~N LaFLEUR . .
STATE OF OREGON, County of Lane
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, 2006. Personally appeared the above named Karen LaFleur, Clerk III,
ged the foregoing instrument to be their voluntary act. Before me:
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My Commission Expires:
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ii_ OFl'ICIAL SEAL . - ,- - 'I
I.', SANDRA MARX I
'.'". \.,.) NOTARYPUBLlC.OREGON j
I '. '.' COMMISSION NO. 385725 I
. MY COMMISSIO~ ~X~~S_ NOV, 12, 2008 l
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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 18'h'Street
Zoning: Low Density. Residential (LOR)
Comprehensive Plan Designation: LOR
Pre-Submittal Meeting Date: 12/09/05
Application 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: g units per acre.
Associated Applications: PRE2005-00080
1 POSITION
I Proiect Manaqer
1 Transportation Planning Enqineer
1 Public Works Civil Enqineer
I Public Works EIT '
I Deputy Fire Marshall
I Community Services Manaqer
REVIEW OF
PlanninQ
Transportation
Utilities
Sanitary & Storm Sewer
Fire and Life Safety
BuildinQ
NAME
Sarah Summers
Gary McKenney
Steve Barnes
Matt Stouder
Gilbert Gordon
Dave Puent
1
PHONE I',
726-4611 1
726-4585 I
736-1036
736-1035
726-2293
726-3668
I CITY OF SP~INGFIELD DEVELOPMENT REVIEW TEAM
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
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SITE
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 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 development 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 120 days
mandated by the state, .
SITE INFORMATION: 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 18'h 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.
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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 Notice of-Surrounding Property Owners sent out January 9, 2006,
CRITERIA OF PARTITION TENTATIVE APPROVAL:
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SDC 34,050 states that the Director shall approve or approve with conditions a '
Partition Tentative Plan application upon determining that criteria (1) through (9)
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), lots 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 ah 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/he 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.
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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 private 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 improvements in Accordance with SDC 31 and 32
o Public Streets and Related Improvements (SDC 32.020-32,090)
o Sanitary Sewer Iml'lrovements (SDC 32.100)
o Storm Water Management (SDC 32.110, 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
TransDortation Svstem ImDacts:
Finding 13: Abutting the subject site, 18th Street is a 36-foot wide loc:;al street
within a 60-foot wide right of way. The street is improved with paving, curb/gutter
and low pressure sodium street lighting; ther~ are nosidewalkson the property
frontage. Average daily traffic on 18th Street is approximately 3,600 vehicle trips
per day.
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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 perce(1t are by transit
bus. These trips may have their origins or destinations at a yariety 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-presi?ure-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 created by development of
the subject property will contribute to the need for street lighting improvements
on 18th Street to accommodate all modes of travel. As conditioned below,
existing and planned street improvements 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 development
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 frC!nts 18'h 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.
2, Prior to final plat approval, the applicant shall install the proposed sidewalk,
curbcuts and street trees, and pave the driveway that serves Parcel 1.
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Limits: The current plan 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 parcels. 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 alSUB Electric Division (726-2395).
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 SafElty
suggests 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 access easement per SFC
503,2,1.
Finding 24: If the driveway is to support fire apparatus, Fire/Life Safely requires it
to be an all-weather surface capable of supporting an 80,000 Ibload,
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 applicabl~ regulations.
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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 listed 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 Street 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 collecto~ st~eets asspecified"ln this Code or
other applicable regulations, and comply with the ODOT access
management standards for state highways.
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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.lo ~ public street."
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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) on 18th
Street; Parcel2would have no street frontage. The applicant proposes to
construct a 15-foot wide standard driveway apron at the existing driveway
location to serve Parcel 1 , and to provide access to Parcel 2 via a new driveway
over an 18-foot wide easement along the north side of Parcel'1. As proposed, a
portion of the driveway apron serving Parcel 2 would extend beyond the. property
frontage and encroach onto the frontage of the adjacent property to the north.
Re-design of this driveway is required to eliminate the encroachment.
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Finding 32: The gravel driveway and parking areas that serve Parcel 1 have
previously been required tobepaved (SDC 32.080 Table 32~2).
Finding 33: As conditioned below ingresscegress 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 drivevvay 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.
g. 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 riparianareas, wetlands,
rock outcroppings and historic features have been evaluated and
protected as specified in this Code or other applicable regulations.
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Finding 34: The Metro Area General Plan, Water Quality Limited Watercourse
Map, State Designated Wetlands Map, Hydric Soiis 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 the property under the same ownership
can be accomplished in accordance with the provisions of this Code.
Finding 35: 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 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 of the city limits but within the
City's urbanizable area, the standards specified below shall also apply.
Finding 38: The property involved in this proposal is located inside the City
Limits, therefore, Criterion g is not applicable.
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.
What needs to be done: The applicant will have up to one vear from the date of this
letter 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 not in 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. Aseparate a'pplication and fees will be required. Upon signature by the City
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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:
1. Execute and record an ImprovementAgreement for street lighting improvements on
18th Street.
2. 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 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.
5. No parking signage shall be posted on either side of the access easement (SFC 503.3
and SFC Appendix D103.6)
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).
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 corne(s 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 D.evelopment 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 Development 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 1 O( c) for service of notice by mail, the appeal period for
this decision expires at 5:00 p.m. on March' 2, 2006.
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Questions: Please call Sarah Summers in the Planning Division of the Development
Services Department at (541) 726-4611 if you have any questions regarding' this
process.
Prepared By:
Sarah Summers
Planner
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INFORMATIONAL ATTACHEMENT
NOTE: The intent of the following lists .is to give a developer insight about requirements
related to public improvements before they develop their property and are not part of this
tentative subdivision approval.
FEES AND PERMITS
SYSTEMS DEVELOPMENT CHARGE:
Pay applicable Systems Development Charges when building permits are issued for
developments within the City limits or within the Springfield Urban Growth Boundary.
(The cost relates to the amount of increase in impervious surface area, transportation
trip rates, and plumbing fixture units. Some exceptions apply to Springfield Urban
Growth areas.) [Springfield Code Chapter II, Article 11]
Systems Development Charges (SDC's) 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.
SANITARY SEWER IN-L1EU-OF-ASSESSMENT CHARGE:
Pay a Sanitary Sewer Ih-Ueu-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 public sanitary
sewer. Contact the Engineering Division to determine if In-Lieu-of-Assessment charge is
applicable. lOrd 5584] ,
PUBLIC INFRASTRUCTURE FEES:
It is the responsibility of the private developer to fund the public infrastructure.
OTHER CITY PERMITS:
Encroachment Permit or Sewer Hookup Permit (working within right-of-way or public
easements) example: new tap to the public storm or sanitary sewer, or adjusting a
manhole. [The current rate is $130 for processing plus applicable fees and deposits]
, /.
Land & Drainage Alteration Permits (LDAP). [Contact the Springfield Public Works
Department @ 726-5849 for appropriate applications/requirements]
Sidewalks and driveway curb cuts and closures require permits from the Public Works
Department. ..
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.
Shane Wartenbee/Mike Miller
1101 16th Street
Springfield, OR 97477
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c
Riga Burkholder Associates LLC
C/O Tod~ Powell, P.E.
150 Seventh Street
Springfield, OR 97477
Kent Baker
Roberts'Surveying
.PO Box 7155
Eug~ne, OR '97401
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