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HomeMy WebLinkAboutPermit Notice 1998-11-2 ,1 . ~oY( 225 FIFTH STREET SPRINGFIELD, OR 97477 (541) 726.3753 FAX(541) 726.3689 NOTICE OF DECISION - LIMITED LAND USE - PARTITION - TENTATIVE PLAN DATE JOURNAL NUMBER November 2, 1998 1998-08-0177 River Glen, LLC c/o Mike Butler P.O. Box 7425 Eugene OR 97401 Dave Brown Branch Engineering 310 Fifth Street Springfield, OR 97477 APPLICANT SURVEYOR/ENGINEER PROPERTY OWNER Sharon Thomas 705 Mansfield Street Springfield, OR 97477 EXPLANATION OF THE NATURE OF THE APPLICATION: River Glen LLC submitted an application to the City of Springfield for approval of a Partition Tentative Plan, The intent is to divide one existing tract of land into two buildable parcels. LOCATION OF PROPERTY: The address of the property is\705 Mansfield Street. (Assessor's Map# 17-03-23, Tax Lot 907), The property has frontage on Blackstone and Mansfield Streets. The property is unincorporated, within the City of Springfield's Urban Fringe Overlay District. DECISION: Tentative Plan approval, with conditions, as of the date of this letter. OTHER USES THAT MAY BE AUTHORIZED BY THE DECISION: None. BACKGROUND/SITE INFORMATION: The property in this application is a single tax lot with a small parcel of the property separated by right of way. The property has one existing residence and is located outside of Springfield's city limits, but within Springfield's Urban Services Area, Therefore, the property is zoned Low Density Residential/ Urban Fringe -10 (LDR/UF-10). The property is surrounded by land zoned and designated LDR. City street improvements and utilities are being constructed along the east boundary of the partition site as part of Third Addition to River Glenn Subdivision. WRITTEN COMMENTS: SDC 3.080(4) states that Limited Land Use decisions require the notification of property owners/occupants within 100 feet of the proposed development allowing for a 14 day comment period prior to the staff decision. No written comments were submitted for this application. . . " CRITERIA OF APPROVAL SOC 34.050 states: "THE DIRECTOR SHALL APPROVE, APPROVE WITH CONDITIONS OR DENY THE REQUEST BASED UPON THE FOLLOWING CRITERIA: (1) THE REQUEST AS CONDITIONED FULL Y CONFORMS WITH THE REQUIREMENT OF THIS CODE PERTAINING TO: LOT SIZE AND DIMENSIONS, THE EFFICIENT PROVISION OF PUBLIC FACILITIES AND SERVICES, STREET IMPROVEMENTS AND CONSIDERA TION OF NA TURAL FEA TURES." Lot Size and Dimensions (1) The request as conditioned fully conforms to the requirements of this Code pertaining to lot size and dimensions, the efficient provision of public facilities and services, street improvements and consideration of natural features. Subcriteria 1a) Lot size and dimensions. The subject property is within the City of Springfield's Urban Growth Boundary (UGB) and therefore subject to City jurisdiction, Parcel 1 is zoned Low Density Residential (LDR)/Urban Fringe -10 (UF-10) by the City of Springfield. Minimum density in the LDR is one unit per acre (ref: SDC 16.010). Parcel 1 has one existing residence on a .45 acre property, meeting the density standards of Article 16. SDC Article 16 requires parcels fronting east-west streets to have a minimum of 45 feet of frontage (ref. 16.030), Parcel 1 abuts undeveloped Ma,nsfield Street right of way for 110 feet, meeting the frontage standards of the code, Right of way improvements will be constructed or bonded prior to partition plat approval, (See Street Improvements, below.) Parcel 2 is 10,389 square feet in size and has 107 feet of frontage on Blackstone Street, meeting the lot size and dimension standards of SDC Article 16. Parcel A is 285 square foot parcel created by right of way dedication during the platting of Royal Delle Subdivision, Second Addition, The parcel is pre-existing and its size is obviously non-conforming with present code. The parcel shall be added to Lot 95 of River Glenn Third Addition, as proposed, prior to the final platting of the subdivision, The inclusion of a surplus parcel in the plat shall be considered a minor revision. No additional procedures shall be required if the parcel is included during subdivision platting procedures. Finding: The proposed Parcels 1 & 2 meet the density, lot size and dimension standards of SDC Article 16. Parcel A is a pre-existing non-conforming parcel created prior to City of Springfield jurisdiction. In addition to the LOR requirements, the UF-10 designation continues to apply to all parcels not Included in current annexation applications. Within the Urban Fringe Overlay District the applicable provisions of SOC Section 29.070 also apply: " . . 29.070(1 )(a) states: The owner of any property requiring Type II development approvaL.shall sign an Annexation Agreement with the City. The existing residence on Parcel 1 of the proposed partition has a functioning sanitary septic system. The property will not need public sanitary sewer until the septic system fails. In the interim the applicant must sign an Annexation Agreement guaranteeing annexation to the City of Springfield. Parcel 2 and Parcel A are included in a concurrent annexation application (Jo, No. 1998-02-0049) accepted by the City of Springfield and submitted to the Boundary Commission. The annexation request includes the adjacent River Glen Subdivision and portions of Blackstone and Mansfield Streets. FINDING: The applicant is seeking Type 1/ development approval to partition properly in the Urban Fringe Overlay District. The applicant is required to sign an Annexation Agreement delaying annexation of Parcel 1 until a full package of urban services is received. The following Condition of Approval is applied for compliance with the Springfield Development Code: 1) The owner of Parcel 1 must sign an Annexation Agreement as required by SDC 29.070(1)(a) prior to final plat approval. The Efficient Provision of Public Facilities and Services Water and Electric. (ref: Article 32, Section 32.120) Provisions of the SDC require that all parcels created have separate water and electrical services. Parcel 1 will continue to be served with water and fire protection by Rainbow Water District until such time as annexation occurs; SUB will continue to provide electric service to Parcel 1. Parcel 2 and Parcel A will be annexed to the City as part of a concurrent Annexation application. Upon annexation, this property must be withdrawn from Rainbow Water District and will then be provided water service by the Springfield Utility Board (SUB). Parcel 2 will receive electrical service from SUB. Service is available to serve the parcel from Blackstone Street. Two T wide street side public utility easements are proposed on the tentative plan, only one can be platted at this time. The easement proposed along the re-aligned Mansfield Street must be removed from the plat. (See Street Improvements, below.) SUB Electric has requested an additional public utility easement (p.u,e.) along the west property line of Parcels 1 & 2 for the extension of underground services. SDC 32.070(1) gives staff authority to require public utility ,easements as a condition of approval of this request. Finding: The proposed plans for connection to electrical service do not comply with SDC standards for the provision of key urban services because SUB requires additional easements to serve Parcel 2 and the surrounding area. The following condition of approval is required for full compliance with this criteria: 2) The tentative plan shall be revised to include a 7' wide public utility easement along the west side of Parcels 1 and 2. . . q Sanitary Sewer: SDC 32.100(1) states: .....sanitary sewers shall be installed to serve each new development and to connect developments to new mains. Installation of sanitary sewers shall comply with the provisions of this code, the Standard Construction Specifications, Chapter 2 ofthe City Code, and Department of Environmental Quality (DEQ) regulations...... Sanitary sewer extension into Springfield's Urban Services Area requires annexation to the City, and jurisdictional approval of the Lane County Boundary Commission. Parcel 1 has an existing residence and does not require connection to public sewer at this time, Parcel 2 is included in a concurrent annexation application (Jo.No. 98-02-49). Sanitary sewer service for this property will not be available until the public improvements for River Glen Third Addition (Jo. No. 1998-02-0051) have been completed. As part of the required improvements for that subdivision, the applicant must extend 8 inch sewer mains in Mansfield and Blackstone Streets through the full frontage of the partition area and provide service stubs to both parcels. In accordance with SDC 32.100(1) above, sanitary sewer must be installed. Therefore, the final plat cannot be approved until both sanitary sewer lines are constructed and accepted by the Public Works Department. Contact Ken Vogeney of the City's Engineering Division at 541.726,3688, if there are any questions. Finding: Sanitary sewer facilities for the property involved in this partition are being constructed as part of River Glen Third Addition Subdivision. Annexation to the City must occur before connection to the public sanitary sewer system, The proposed partition can not comply with SDC standards for the provision of sanitary services until annexation occurs and public sewer facilities are accepted by the City. The following condition of plat approval is applied for full code compliance: 3) Public sanitary sewer facilities being constructed as part of River Glen Third Addition must be installed and accepted by the City of Springfield Public Woms Department prior to plat approval. Storm Drainage: SDC 32.100(1) states: "The Approval Authority shall grant development approval only where adequate provisions for storm and flood water run-off to the City's storm drainage system have been made as determined by the City Engineer. The storm water system shall be separated from any sanitary sewer system...... Storm drainage for Parcel 1 is provided by surface runoff to Mansfield Street and by surface infiltration. No changes are required at this time. Drainage for a new house on Parcel 2 should be provided via curb weepholes and drywells are encouraged for the roof areas of new houses. Contact Ken Vogeney of the City's Engineering Division at 541,726.3688, if there are any questions. Street Dedication/lmprovements: SDC 32.020(10)(b) states: 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 In the following Instances: 1. When a fully improved street abuts the property line of the subject property, the unimproved'street fronting that property shall be Improved. Mansfield Street: Annexation, re-alignment and construction of Mansfield Street in front of the partition area has been required during River Glen Third Addition subdivision improvements. A small triangle of undeveloped right of way under Lane County jurisdiction will remain between Parcel 1 and annexed right of way as a result of re- alignment. The partition tentative plan indicates a vacation of the remaining undeveloped right of way is proposed. Release of the excess right of way must be initiated at Lane County prior to Final Plat approval in accordance with provisions of SDC 32.020(2), which addresses the creation and alignment of streets prior to partition and subdivision plat approval. Contact Tom Drechsler (682-3632) at Lane County Land Management to initiate removal of the excess right of way. A T wide public utility easement proposed along the future right of way alignment must be deleted from the plat and should be reserved during vacation procedures. Blackstone Street: Annexation and construction of Blackstone Street in front of the partition area has been required during River Glen Third Addition subdivision improvements. Finding: Improvement of right of way in front of Parcel 1 has been required during River Glen Third Addition subdivision approvals, The required improvements will create a triangle of excess right of way. In order to complete re-alignment and creation of the new street, the excess right of way must be released by Lane County. The following condition of approval is required for full compliance with SDC 32.020(2): 4) Prior to Final Plat approval the applicant must submit proof that a request to release excess right of way has been received by the Lane County Department of Land Management. Finding: Full street improvements are required for all public rights of way abutting the partition area. Public improvement plans and an annexation application for the abutting rights of way have been submitted for review and approval by the City of Springfield and the Lane County Boundary Commission. The following condition of approval is applied for full code compliance: 5) Prior to final plat approval Mansfield and Blackstone Streets must be constructed to full city standards or bonded in accordance with SDC 34.070. Consideration of Natural Features: The Metro Plan, the draft Natural Resource Special Study, the National Wetlands Inventory Map, and the draft Springfield Wetland Inventory Map and the Hydric Soils Map have been consulted, There are no inventoried natural features located on the property, Finding: The above cited studies or documents have been reviewed. There are no identified natural or historic features on the property. Therefore, this portion of criterion (1) does not apply. . . , "(2) THE ZONING IS CONSISTENT WITH THE METRO PLAN DIAGRAM AND/OR APPLICABLE REFINEMENT DIAGRAMS." The property is zoned Low Density Residential/Urban Fringe - 10 (LDR/UF-10). Upon annexation to the City, the UF-10 portion of the zoning will be simultaneously deleted. The property is outside the boundary of any adopted refinement plan, The Metro Plan diagram designation is LOR. The zoning is consistent with the Metro Plan designation. Finding: The LOR zoning is consistent with the Metro Plan LOR designation. However, annexation must occur before the property can connect to the City sanitary sewer system and before street improvements can be accepted by the City. Therefore, in order for this application to comply with criterion (2), the following condition of approval is necessary: 6) Prior to final plat approval Parcel 2 and public rights of way abutting the partition area shall be annexed to the City of Springfield. "(3) DEVELOPMENT OF ANY REMAINDER OF THE PROPERTY IN THE SAME OWNERSHIP CAN BE ACCOMPLISHED IN ACCORDANCE WITH THE PROVISIONS OF THIS CODE." The applicant proposes to partition the entire property, There is no remaining property under the same ownership, Finding: There is no remaining property to be developed. Therefore, criterion (3) does not apply. "(4) ADJACENT LAND CAN BE DEVELOPED OR IS PROVIDED ACCESS THA T WILL ALLOW ITS DEVELOPMENT IN ACCORDANCE WITH THE PROVISIONS OF THIS CODE." Adjacent land to the north, west and south is already developed. Adjacent land to the east is currently undeveloped, but is proposed to be subdivided in the concurrent River Glen Third Addition application (Jo. No. 1998-02-0051), The adjacent land to the: 1. west is developed with single family homes - there is access to Blackstone and Mansfield Streets; 2, north is developed with single family homes - there is access to Mansfield Street; 3. east (River Glen Third Addition) will have access to Blackstone Street and Old Orchard Lane; and 4. south is developed with single family homes - there is panhandle access to Blackstone Street. Finding: Adjacent land is already, or can be developed and is provided with access that will allow development in accordance with the provisions of the SOC. Therefore, this application complies with criterion (4). I . . Conclusion: The Director has determined that the Tentative Partition, as conditioned in accordance with Criteria of Approval 1-4, fully conforms with the requirements of the Springfield Development Code: Conditions of Aooroval: 1) The owner of Parcel 1 must sign an Annexation Agreement as required by SDC 29,070(1)(a) prior to final plat approval. 2) The tentative plan shall be revised to include a 7' wide public utility easement along the west side of Parcels 1 and 2. 3) Public sanitary sewer facilities being constructed as part of River Glen Third Addition must be installed and accepted by the City of Springfield Public Works Department prior to plat approval, 4) Prior to Final Plat approval the applicant must submit proof that a request to release excess right of way has 'been received by the Lane County Department of Land Management. 5) Prior to final plat approval Mansfield and Blackstone Streets must be constructed to full city standards or bonded to meet SDC 34.070. 6) Prior to final plat approval Parcel 2 and public rights of way abutting the partition area shall be annexed to the City of Springfield, What Needs To Be Done To Receive Final Aooroval?: The applicant will have up to one year to from the date of this letter to meet the attached conditions of approval and Development Code standards prior to Final Plat Approval. A separate application and fee of$ 210.00 will be required. The application must be submitted to the Springfield Development Services Department. Upon signature by the City Surveyor and the Planning Manager, the Plat mylar may be submitted to Lane County for recordation. No Individual lots mav be transferred until the Plat is recorded. and a mvlar CODV of the filed Dartition returned to the City Survevor. 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 ~vailable at a cost of $0,75 for the first page and $0.25 for each additional page at the Development Services Department, 225 Fifth Street, Springfield, Oregon. Aooeal: If you wish to appeal this Type II limited Land Use Tentative Partition Approval decision, you must do so within 10 davs of the date of this letter. Your appeal must be in accordance with SDC, Article 15, Appeals. Appeals must be submitted on a City form and a fee of $250.00 must be paid at the time of submittal. The fee will be returned to the applicant if the Planning Commission approves the appeal application. Questions: Please call,Jim Donovan in the Planning Division of the Development Services Department at (541) 726-3660 if you have any questions regarding this process.