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HomeMy WebLinkAboutNotice PLANNER 2/17/2006 (2) . " " ',- .- ,,' , " " I I I ....... J AFFIDAVIT OF SERVICE . STATE OF OREGON) ) 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 Clerk III for the Planning Division of the Development Services Department, City of Springfield, Oregon. 2. I state that in my capacity asCle~ 1II,,!.p[~pared and caused to be mailed copies :=;ue.200&-0'''9o~ I>:>C>J07-.... ~- of ~........ d\. ~'^;-.... +'<u.+ "h~ (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 ~ , 2006. Personally appeared the above named Karen laFleur, Clerk III, ged the foregoing instrument to be their voluntary act. Before me:' ~,~ I fill z.../z...OOg , I My Commission Expires: ,_..~------_..~..~. ~ )-; i .. OFFICIAL SEAL " j . . SANDRA MARX j \. / NOTARY PUBLIC. OREGON j I ...... COMMISSION NO. 385725 j i MY COMMISSION EXPIRES NOV. 12, 2008 , '-_-____.__ _._- - --- - ----.1 " 'j '. . SPRINGFIELD 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 Dlwelopment Issues: Density: 9 units per acre. Associated Applications: PRE2005-00080 I POSITION I Proiect Manaqer I Transportation Planning Enqineer I Public Works Civil Enqlnee; 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 I PHONE 1 726-4611 1 726-4585 1 736-1036 1 736-1035 1 726-2293 1 I 726-3668 I I CITY OF SPRINGFIELD 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 Springfield, OR 97477 SITE DECISION: Tentative Approval, with conditions, as of the date of this hitter. The standards of the Springfield Develollment 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 madeaccordin9 to city code and state statutes. Unless appealed, the decis'ion is final., Please read this document. carefully. OTHER USES AUTHORIZED BY THE DECISION: Non'e. 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 applica'tion 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 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/occLJpants 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 pa.rties 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 Notice of Surrounding Property, Owners sent out January >I, 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) ofthis 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: ,Pursuimt'to SDC Section 16.030(1), lots on east/west streets . shall have a'minimum lot size 01,4,500 square feet and a'minimum 'frontage of 4? feet. . , ' Finding 2: Parcel'1 is located of") an east/west street and exceeds the minimum requirements for size a,nd 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-footwide 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)6bistates that the minimum width for a single . pan~andle 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 pubiic 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 pesign 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 staff's 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 ImFlrovements (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 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 have 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 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 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. 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. Water and Electric Improvements Finding 19: 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 , < 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 18'h Street. Please refer to the January 27, 2006 letter from Bat McKee at SUB Water Division. Finding 21:' SUB Electric requires a '7400t wide easement along the south property line of both proposed parcels, The nearest connection for the site is on the west side of 18th StreetA pole will belSe(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 (726-2395). 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. . , J 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 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, U) 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. ~32.1. ' .', . 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 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 standardsof 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, bicyclt;! 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, imd comply with the ODOT access management standards for state highways. 7 Finding 28: The Development Review Gommittee 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 viaa 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; Parcel 2 would have no street frontage. The applicant proposes to construct a 15-foot wiae standard driveway apron at the I3xisting 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. 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 Artides 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 frontag~. 8. Execute and record a joint-us", 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 riparian areas, wetlands, rock outcrpppings 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, ORS358.905, ORS 390.235. If human remains are discover<?d during construction, it 'is a Class "c" felony to proceed under ORS 97.740, u 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 9 is not applicable. Conclusion: This proposal satisfies Criterion g, 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 accordancewith 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. A separate application and fees will be required. Upon signature by the City 9 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 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. 3, The applicant shall coordinate placement of the water system with SUB Water Division prior to final plat approval. ~. 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 ahd 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 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 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, Thefee will be returned to the appellant if the Planning Commission approves the appeal applica'tion. 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 Division of the Development Services Department at. (541) 726"4611 if you have any questions regarding' this' process. Prepared By: Sarah Summers. , . , Planner 11 '. INFORMATIONAL ATTACHEMENT NOTE: The intent of the following lists, is to give a developer insight about requirements related to public improvements before the~.develop their property and are not part of this tentative subdivision approval., . ~ FEES AND,PERMITS " SYSTEMS DEVELOPNIENT 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) \'fill 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 ,In-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 pa'rticipated in the,cost of a public sanitary sewer. Contact the Engineering Divi~ion to determine if In-Ueu-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: Encroachmerit 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. t2 . . . '. Shane Wartehbee/Mike Miller '1101 16th Str~et Springfield, OR 97477 Higa Burkholder Associates LLC C/O Todd Powell, 'P.E. 150 Seventh ~treet Springfield, OR 97477 ';.' Kent B,!ker Roberts Surveying PO Box 7155 Eugene, OR 97401 !' f!:J V