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HomeMy WebLinkAboutNotice PLANNER 10/13/2008 " , d(~ ,I RECEIVED AFFIDAVIT OF SERVICE OCT 132008 By:1JitUtrJ) ~ 1 </ I of- t 1 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 Program Technician for the Planning Division of the Development Services Department, City of Springfield, Oregon. 2. I state that in my capac:ity as, Pr~gram Tectwicia,,!,rprepared and caused to be mailed copies Of.;4.Hl1~ t/) ,7)0111 LJ'Jr..) - 'f'~ .:ie..d. - ~a.h--- (See attachment "A") on loll?' .2008 addressed to (see Attachment B"), by causing said letters to be placed in a U.S. mail box with postage fully prepaid .thereon. "K !1ftPA _ ~~:~ ~R~N LaFLEUR / . STATE OF OREGON, County of lane . ~4 / 13 . 2008. Personally appeared the above named Karen laFleur, rogram Technician, who acknowledged the foregoing instrument to be their voluntary . act. Before me: . . . .~ . OFFiCIAL SEAL DE: ;'" . t; KELLY NOT ARV PliilLIC - OREGON COMMISSION NO. 420351 MY COMMISSION EXPIRES AUG. 15, 2011 ~~~A/. My Commission Expires: <:;? /;5--(/1 Dah;,f~:aceived: /13 !Joo,.r Planner: AL / ~ [. TYPE II TENTATIVE PARTITION REVIEW, STAFF REPORT & DECISION Project Name: David Nowak Partition Project Proposal: Partition one panhandle residential parcel into two residential pafcels . Case Number: SUB2008-00040 Project Location: 441 South 47th Street (Map 17-02-32-43, Tax Lot #6802) Zoning: Low Density Residential (LDR) Comprehensive Plan Designation: LDR (East Main Refinement Plan) Pre-Submittal Meeting Date: Aug. ,15, 2008 Application Submitted Date: Sept. 4, 2008 Decision Issued Date: October 13; 2008 Recommendation: Approval with Conditions Appeal Deadline Date: October 28, 2008 Natural Features: None Density: Approximately 5,7 units per acre Associated Applications: SUB2006-00022; SUB2007-00035; PRE2008-00053 CITY OF SPRINGFIELD DEVELOPMENT REVIEW TEAM I POSITION I Proi ect Manager I Transportation Planning Engineer I Public Works Engineer I Public Works Engineer , Deputy Fire Marshal I Community Services Manager REVIEW OF Planning Transportation Utilities SanitarY & Storm Sewer Fire and Life Safety Building I I I I I I I NAME Andy Limbird Judith J obnduff Clayton McEachern Clayton McEachern Gilbert Gordon Dave Puent PHONE 726-3784 726-7134 736-1036 736-1036 .726-3661 726-3668 . APPLICANT'S DEVELOPMENT REVIEW TEAM Owner/Applicant: David Nowak 5729, Main Street PMB 239 Springfield, OR 97478 , ,~ , . ~,~ , Surveyor: Engineer: Renee Clough Branch Engineering, Inc. 310 Fifth Street Springfield, OR 97477 Renee Clough ,Branch Engineering, Inc. 310 Fifth Street Springfield, OR 97477 Date Heceived: ;0(,Jodj'" Planner: AL . 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. PUBLIC AND PRIVATE IMPROVEMENTS, AS WELL AS THE FINAL PLAT, MUST CONFORM TO THE SUBMITTED PLANS AS CONDITIONED HEREIN. This is a limited land use decision made according to City code and state statutes. Unless appealed, the decision is final. Please read this document carefully. (See Attachment A and Page 14 for asummary ofthe conditions of approval.) OTHER USES AUTHORIZED BY THE DECISION: None. Future development will be in accordance with the provisions of the SDC, filed easements and agre~ments, and all applicable local, state and federal regulations, REVIEW PROCESS: . This application is reviewed under Type II procedures listed in SDC 5.1-130 and the partition criteria of approval, SDC 5.12-100. This application was accepted as complete on September 4,2008, This decision is issued on the 39th day of the 120 days mandated by the state. SITE INFORMATION: The'subject site is a rectangular lot with a 20-foot wide by 80-foot long panhandle extension. 'The property comprises approximately 15,350 W (0.35'acres). The property is zoned and designated Low Density Residential'(LDR) in accordance with the East Main Refinement Plan. The Assessor's description for the subject property is Map 17.02-32-43, Tax Lot 6802. Approval of the proposed partition would divide the rectangular panhandle parcel into two parcels, with' one parcel retaining the panhandle frontage on South 47th Street. The second (rear) parcel would have access provided via an irrevocable joint access easement across the panhandle. 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 5.1-130 and 5.2-115). The appiicant and parties submitting written comments during the notice period have appeal rights and are mailed a copy of this decision for consideration, Procedural Finding: In accordance with SDC 5.1"130 arid 5.2-115, notice was sent to property owners/occupants within 300 feet of the subject site on September 9, 2008. No written comments were received. CRITERIA OF PARTITION TENTATIVE APPROVAL: SDC 5.12-125 states that the Director shall approve or approve with conditions a Partition Tentative Plan application upon deteimining that criteria A through J of this Section have been satisfied, If conditions cannot be attached to satisfY the criteria, the Ditectorshall deny the application. - A. The request conforms to the provisions of this Code pertaining to lot/parcel size and dimensions. Finding I: Pursuant to SDC 3.2-215, panhandle parcels shall contain at least 4,500 square feet in the pan portion with at least 20 feet of frontage for a single panhandle parcel. ' Finding 2: In accordance with SDC 3.2-215, proposed Parcell is 8,498 W with approximately 6,900 Win the pan portion. Parcel I is proposed to retain the 20 feet of street frontage which meets the requirements of SDC 3.2-215. Finding 3: In accordance with SDC 3.2-220.B, the Director milY waive the requirement that buildable parcels have frontage on a public street when access has been guaranteed via a driveway with an irrevocable joint access easement. For the purpose of this review, proposed Parcel 2 is considered an interior panharidle parcel with access provided via an irrevocable access easement. Additionally, because at least two parcels derive IO~]/Jt90t 2 / 1 pate Received: P-!i:,lnner: AL acc~ss and utilities from the same, panhandle extension, the proposal is; equivalent to a multiple panhandle partition and will be reviewed as such. Finding 4: Proposed Parcel 2 is'6,839 it' which meets the requirements ofSDC 3.2-215 for parcel size. Conclusion: This proposal,satisfies Criterion A. B. The zoning is consistent with the Metro Plan diagram and/or applicable Refinement Plan diagram, Plan District map, and Conceptual Development Plan. Finding 5: .The subject property is zoned and designated Low Density Residential (LDR) by the Metro Plan and East Main Refinement Plan diagrams. The applicant is not proposing to change the zoning designation. Conclusion: This proposal satisfies Criterion B. C. 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 6:' For all public improvements, the applicant shall. retain a private profe~sional civil engineer to design the partition improvements in conformance with City codes, this decision, and the current Engineering Design Standards and Procedures Manual (EDSPM). The private civil engineer also shall be required to provide construction inspection services. General Finding.?: City Building Permits are required for installation of private utilities. The applicant also may be required to obtain permits from other agencies such as, Lane County for connection to rural water service and installation of septic systems, Developers are advi~ed to obtain necessary City and County permits prior to initiation of construction activity. General Finding 8: The Public Works Director's representatives h.ave reviewed the proposed partition. City staffs review comments have been. incorporated in findings and conditions contained herein, General Finding 9: Criterion C 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,fmdings and conclusions, TIle sub-elements and code standards of Criterion C include but are not limited to: Public improvements in accordance with SDC 4.2-100 and 4.3-100 o Public and Private Streets (SDC 4.2-105'-4.2-145) o Sanitary Sewer Improvements (SDC 4.3, I 05) o Stormwater Management (SDC 4.3-110- 4.3-115) o Utilities (SDC 4.3-120.- 4.3-130) o Water Service and Fire Protection (SDC 4.3-130) o Public and Private Easements (SDC 4.3-140) Public and Private Streets Finding 10: Section 4.2-105.G.2 of the Springfield Development Code 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, Exception (i) notes that in cases of unimproved streets, an Improvement Agreement '. , DatE) V;c;;8ived' loj;y.J.t7&f'. Planner: AL 3 shall be required as a condition of Development Approval postponing improvements until such time as a City street improvement project is initiated. . Finding II: The subject propertY has frontage on South 47th Street, which is classified as a local street. South 47th Street is improved with a 20-foot wide asphalt mat surface, but lacks curb and gutter, sidewalks, street lighting, and underground stormwater system. The pavement width is not sufficient to accommodate two-way traffic in accordance with current City standards for local streets. Average daily traffic on the segment of South 47th Street along the property frontage is estimated to be fewer than 500 vehicle trips per day. ' Finding 12: Proposed Parcel I will retain the street frontage on South 47th Street, but Parcel 2 will derive its access from this public street as well. Therefore, Improvement Agreement obligations will be applicable to both parcels. Finding 13: The subject property has a recorded Improvement Agreement arising from a previous partition action (SUB2006-00022), The 'applicant will be required to record new Improvement Agreements against Parcels I and 2 with this decision, or to provide verification that Improvement Agreement obligations will be assigned to the new parcels upon recording of the Final Plat. Finding 14: In accordance with SDC 4.3-140, new street trees are required where development abuts public street rights-of-way. However, because the property has only 20 feet of public street frontage, street trees are not required with this decision. Condition of Approval: 1. Concurrent with recording of the Final Plat, the applicant shall execute and record Improvement Agreements against Parcels I and 2 for South 47th Street improvements including paving, curb and gutter, sidewalk, storm sewer, and street lighting, Alternatively, the applicant sball provide satisfactory evidence that the existing! Improvement Agreement obligations will automatically assign to both parcels upon recording of the partition plat. Conclusion: As conditioned herein, existing transportation facilities would be adequate to accommodate the additional volume of traffic generated by the proposed development in a safe and efficient manner: Sanitary Sewer Improvements Finding 15: Section 4.3-105.A of the SDC requires that sanitary sewers shall be installed to serve each new development and to connect developments to existing mains, Additionally, installation of sanitary sewers shall provide sufficient access for maintenance activities, Finding 16: An existing 8-inch public sanitary sewer line is located on the west side of South 47th Street. The applicant is proposing to install two parallel sanitary sewer lines within a Joint Utility Trench to serve Parcels I and 2. However, the size of the proposed sanitary sewer' lines is not shown on the applicant's tentative plan or the trenching detail. The sanitary sewer laterals will have to be at least 4-inch diameter pipes to meet City specifications, Finding 17: The applicant is currently constructing a house on the subject property. The applicant is proposing to defer construction of the panhandle driveway and utilities until occupancy of the house on Parcel 2. As stated, previously, the proposal is considered a multiple panhandle partition (ie. both parcels 1 and 2 derive access and utilities from the same panhandle extension). Therefore, installation of the utility lines will be reauired prior to Final Plat in accordance with SDC 5.12-130.L. Additionally, the applicant will require all utility connections as a pre-requisite for building occupancy. The proposed driveway is discussed in more detail in a later section of this report. " '- !;?at€t R~CeiVe.q:Jo /; ~ ' P!;;mner: AI" . I ~;Je;CJf'_ 4 . Finding.l8: The applicant's Site Assessment Plan and Tentative Plan depict an existing sanitary sewer lateral ,from the house on Tax Lot 6801 that extends across the panhandle extension of the subject property. . Staff note that this alignment is not consistent with the information. depicted on the Site, Assessment Plan and_ Tentative Partition Plan for the previous land division affecting this site (Case SUB2006-00022). To address the apparent encroachment, the applicant is proposing to record ~private sewer easement across the Parcel I panhandle for the benefit of Tax Lot 6801. ' Conditions of Approval: 2. The sanitary se~er laterals installed to serve Parcels I and 2 shall be at least 4 inches in diameter in accordance with City specifications. .3. Prior to approval of the Final Plat, the applicant shall install all underground utilities as depicted on the tentative partition plan. ' 4. The Final Plat shall ded'icate a suitable private sanitary sewer easement against Parcel I for the existing . sanitary sewer lateral serving the dwelling on. Tax Lot 6801. The final alignment of the easement shall be based on as-built information as noted on the applicant's tentati,ve plan. Conclusion: As conditioned herein, the proposed sanitary sewer. systems are adequate to serve the proposed , development. Stormwater Management Oualitv Finding 19: Under Federal regulation of the Clean Water Act (CWA), Endangered Species Act (ESA), and. National Pollutant Discharge Elimination System (NPDES), the City of Springfield is, required to obtain, and has applied for, a Municipal Separate Storm Sewer System (MS4) permit. A provision of this permit requires the City to demonstrate efforts to reduce the pollution in ,urban stormwater to the Maximum Extent, Practicable CMEP). ' Finding 20: Federal and. Oregon Department of Enviro!'IIlental Quality (ODEQ) rules require the City's MS4 plan to address six "Minimum Control Measures". Minimum Control Measure 5, "Post-Construction . Stormwater Management for New Development and Redevelopment", applies to the proposed development. Finding 2]: Minimum Control Measure,S requires the City of Springfield to develop, implement and enforce a program to ensure the reduction of pollutants in storm water runoff to the MEP. The City also must develop and implement strategies that include a combination of structural or non-structural Best Management Practices (BMPs) appropriate for the community:' Finding 22: Minimum Control Measure 5 requires the City of Springfield to use an ord4iance or other regulatory mechanism to address post-construction runoff from new and re-development projects to the extent allowable under State law. Regulatory mechanisms used by the City include the SDC, the City's Engineering Design 'Standards and Procedures Manual and the future StormwaterFacilities Master Plan (SFMP). . ' , . . Finding 23: As required in SDC 4.3-110.E, "a.development shall be required to employ drainage management practiyes approved by the Public Works Director and consistent [with] the Engineering Design Standards and Procedures Manuaf'. . t.. ~. , .' 'Da~EI neceived: I;IYJC(JJ' Planner: AL 5 .. Finding 24: Section 3.02 bfthe City's EDSPM states the Public Works Department will accept, as interim design staridards for stormwater quality, water quality facilities designed pursuant to the policies and procedures of either the City ofPortland'(BES), or the Clean Water Services (CWS). Finding 25: The applicant is not proposing to create a significant amount of additional non-building rooftop impervious area. Therefore, water quality measures are not required. . Ouantity . Fmding 26: Section 4.3-lI0.B of the SDC requires that the Approval Authority shall grant development approval only where adequate public and/or private storm water management system provisions have been made as determined by the Public Works Director, consistent with the EDSPM. Finding 27: Section 4.3-IIO.D of the SDC requires that runoff from a development shall be directed to an approved stormwater management system with sufficient capacity to accept the discharge. Finding 28:' Section 4.3-llO.E of the SDC'requites new developments to' employ drainage management practices that minimize the amount and rate of surface runoff into receiving streams, and ,that promote water quality. , Finding 29: To comply with Sections 4.3-110.D & E, stormwater runoff from the site will be directed to an existing drainage ditch along South 47th Street. The ditch connects to the public stormwater system that eventually' drains to the Weyerhaeuser outfall on the McKenzie River approximately one mile northwest of the site. Finding 30: The applicant is proposing to pipe the rooftop runoff from Parcels I and 2 to a soakage trench along the south side of the panhandle driveway. The proposed soakage trench discharges to the existing ditch and' culvert drainage system on South 47th Street. '. '. Finding 31: The appliCant has provided a driveway crossing detail for the porticin of soakage trench along the northern edge of Parcel I. However, the applicant is not proposing to pre-install the driveway crossing at this time. Proper construction of the driveway crossing will be critical to protect the integrity of the stormwater drainage system serving Parcel,z. For this reason, staff recommend recording a notification on title for Parcel I requiring the future home builder to install the driveway crossing in' accordance with the design detail. Finding 32: The applicant is proposing to install the stormwater soakage trench within a variable-width private.stormwater drainage easement along the panhandle extension of Parcell. In accordance with SDC 5 .12-130.L; installation of the stormwater pipe will be required prior to Final Plat. Conditions of Approval: 5. The Final Plat shall provide for dedication of a variable-width private stormwater drainage easement across Parcel I to accommodate the soakage trench as generally depicted on the applicant's tentative partition and easement detail plans. . ,6. Prior to approval of the Final Plat, the stormwater drainage pipe and soakage trench serving Parcels land 2 shall be installed and functioning as generally depicted on the applicant's tentative plan. '. 7. Prior to apprbvalof the Final Plat, the 4-inch diameter stormwater drain pipe shall be stubbed to the Parcell building envelope area as generally depicted on the applicant's tentative plan. . 8. Concurrent with recording of the Final Plat, the applicant shall record a deed restriction or similar mechanism against Parcel I that obligates the property owner to construct an. appropriate driveway crossing. of the soakage trench. ' pate! ~eceived; P/<lnner: AI, , " /{}fJ/~(1/ 6 Conclusion: As conditioned herein, the proposed stormwater management system is adequate to serve the proposed development. Utilities . Finding 33: Section 4.3-120.Bof the SDC requires each developer to make arrangements with the utility provider to provide utility lines and facilities to serve the development area. Springfield Utility Board (SUB) Electric is the provider for electrical service to the subject property. Finding 34: The applicant is responsible for the cost of design and installation of utility lines and'facilities. In accordance with SDC 4.3-125, all utility lines shall be placed underground. Finding 35: The applicant is proposing to extend electrical and telecommunication Iines;from South 47th Street to serve Parcels 1 and 2. The utilities are to be installed within.a joint utility trench beneath the ,panhandle driveway. The applicant is proposing to use an existing variable-width private utility easement to ,accommodate the utility lil1es. It.is not clear from the applicant's submittal if an electrical transformer or similar equipment will be .required in the South 47th Street righhof-way (or elsewhere) to serve the development area. Finding 36: There is an existing power pole located at the northwest corner of the subject property. The appiicant's tentative partition plan shows the power pole located in the middle of the proposed driveway. The power pole will have to be removed or relocated to accommodate the proposed development. .Finding37: There are existing overhead telecommunication lines running from the existing power pole across the panhandle extension of the subject property toa house on Tax.Lot 6801. There does not appear to be an existing utility easement on the subject property to accommodate the utility line encroachment. The applicant's proposed tentative plan indicates that the existing sanitary sewer connection to the house on Tax Lot 6801 will be relocated to a joint utility trench. However, it is not clear from .the applicant's submittal what other utilities will be co-located within the joi!ltutility trench, and if they will serve the house on Tax Lot 6801 in addition to the applicant's property. If telecommunication lines are to be located within the joint utility trench along with the sanitary sewer line, a private utility easement will be required across the ,Parcel I panhandle for the benefit of Tax Lot 680 I. The applicant's submittal only provides for dedication of a, sanitary sewer easement across the Parcel I panhandle, Finding 38: The applicant will be required to remove or relocate the existing,power pole, and the applicant is proposing to place the utility lines serving Parcels I and 2 underground. Therefore, the telecommunication lines serving the existing house .on Tax Lot 6801 also will have to be placed underground. A concurrence will be required from the affected property owner agreeing to the utility line installation and relocation as depicted on the tentative partition plan. . Finding 39: There is an existing 5,foot wide PUE along the northern edge ofthe'property. The applicant is not proposing to install utility lines within the PUE, and utility providers have not indicated a need to place utility lines within this easement area. Finding 40: The subject property has a 7-foot wide Public Utility. Easement (PUE) along the South 47th Street frontage. Utility providers have not requested additional PUEs to serve the proposed partition area. , Conditions'of Approval: 9. Prior to approval of lhe Final Plat, the applicant shall provide for relocation of the existing power pole from the northwest property corner to another suitable location. 10. Prior to approval of the Final Plat, the applicant shall obtain a concllrrence from the owner of Tax Lot 680 I agreeing to the utility relocation work as depicted on the tentative partition plan. ) \ , ' ~, . Date Received: /r~ ka/ Planner: AL 7 " ~.. :.....). ." 11. Prior to approval of the Final Plat, the existing overhead telecommunication lines serving the house on Tax Lot 6801 shall be relocated underground to ajoint utility trench. 12. The Final Plat shall provide for dedication of a private utility easement across. Parcel I and benefiting Tax Lot 6801 to accommodate the joint utility trench as described on the applicant's tentative plan. 13. The Final Plat shall provide for dedication" of a private utility easement across Parcel I to accommodate the soakage trench as generally depicted on the applicant's tentative partition and easement detail plans. Conclusion: As conditioned herein, the proposal satisfies this sub"element of the criterion. Water Service and Fire Protection Finding 41: Section 4.3-130.Aofthe SDC requires each development area to be provided with a water system having sufficiently sized ,mains and lesser lines to ftunish adequate supply to the development and sufficient access for maintenance. The subject site is'within the service area of SUB Water. Finding 42: The applicant is proposing to install water lines to serve Parcels I and 2 within a joint utility trench along the panhandle. extension of Parcel I. In accordance with City standards, the water. lines will have to meet minimum separation distances from adjacent sanitary sewer laterals. Finding 43: There is an existing fire hydrant located on the west side of South 47th Street approximately 123 feet north ofthe property. The applicant has determined that the furthest point of the house on Parcel 2 does not exceed the 600-foot threshold distance from the nearest fue hydrant. Finding 44: In accordance with the Springfield Fire Code (SFC) 503.2.3 and SFC Appendix Dl02.1, a fue. apparatus access road (driveway) must be capable of handling an 80,000 lb, imposed load. The driveway also needs to provide at least 20 feet of clear width. for emergency' access. The proposed driveway is 20 feet wide and the applicant has provided a note on' the tentative plan confirming that the driveway wiil support an 80,000 lb. imposed load. . Finding 45: In accordance with SFC 503.3 and SFC Appendix Dl03.6, "No Parking'- Fire. Lane" signage is required along fue apparatus access routes. As noted on the tentative plan, the applicant is proposing to install fue lane signage along the panhandle driveway in accordance with SFC requirements. Conditions of Approval: 14. Prior to approval of the Final Plat, the applicant shall install "No Parking - Fire Lane" signage along the panhandle driveway in accordance with SFC requirements. . Conclusion: As conditioned herein, the proposal satisfies this sub-element ofthe criterion. Public and Private Easements Finding 46: Section 4.3-140.A of the SDC requires applicants proposing developments to make arrangements with the City and each utility provider for the dedication of utility easements necessary to fully service the development or land beyond the development area, The minimum width for PUEs adjacent to street rights-of-way shall be 7 feet. The minimum width for all other public utility easements shall be 7' feet unless the Public Works Director requires a larger easement to allow for adequate maintenance. Finding 47: The applicant's tentative plan shows an existing 7-foot wide stteetside PUE along the frontage' of Parcell. . ....... Qi'lte, R~ceived: / ~/; ~/;r{Jtf P!?lllner: AI. 8 Finding 48: The applicant has provided an easement detail" sheet. ~howing the existing and proposed overlapping private access, utility, and storm water drainage ~asements affecting tl)e development area: Recording of the private easements necessary to provide utility servicing ang access to Parcels I and 2 will_ be required prjor to or concurrent with the Final Plat. Finding 49: The proposed access driveway serving Parcels I and 2 is reliant on an existing l3~foot wide private' access easement across the adjacent property (Tax Lot 6900), A copy of the easement document was not provided with the applicant's submittal. However, staff have determined that the provisions of the easement assign to the partition area and will grant legal and physical access to Parcel 2. Finding 50: As previously noted and conditioned, the applicant will be dedicating private stormwater drainage and sanitary sewer easements across Parcel I for the benefit of Parcel.2 and the adjacent property (TaxLot 6801). Condition of Approval: 15. The Filial Plat shall provide for dedication of a variable-width private access easement and maintenance agreement agaihst Parcel, I for the benefit of Parcel 2 as generally depicted on the applicant's tentative plan. . _I - Conclusion: As conditioned herein, the proposal satisfies this sub-element of the criterion. Therefore, as noted above and conditioned herein, this proposal satisfies Criterion C. D. The proposed development shall comply with all applicable public and private design and construction standards contained in this Code and other applicable regulations. General Finding 51: Criterion D 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 fmdings and conclusions. The elements, sub-elements and Code standards of Criterion D include but are not limited to: D,I Conformance with standards of SDC 3.2-200 (Residential Zoning), SDC 4.4-100 (Landscaping, Screening and Fence Standards), SDC 4.6-100 (Vehicle Parking, Loading and Bicycle Parking Standards), and SDC 5.17-100 (Site Plan Review) o Parcel Coverage and Setbacks (SDC 3.2-215) o Height Standards (SDC 3.2-215) o Landscaping Standards (SDC 4.4-105) 0' Screening (SDC 4.4-110) o Fence Standards (SDC 4.4-115) o On-Site Lighting Standards (SDC 4:5-100) o Vehicle Parking Standards (SDC 4.6-100) D.2 OVerlay Districts and Applicable Refmement Plan Requirements o The site is not within a mapped Time of Travel Zone for Springfield drinking water wells. o The site is within the East Main Refinement Plan area. o The site is not within the mapped FEMA floodplain. D.1 Conformance with standards of SDC 3.2-200 (Residential Zoning), SDC 4.4-100 (Landscaping, Screening and Felice Standards), SDC 4.6-100 (Vehicle Parking, Loading and Bicycle Parking Standards), and SDC 5.17-100 (Site Plan Review) . DatElIi:63ceived: /oj;3j/#'tJ.!" Planner: AL 9 Parcel Coverage and Setbacks Finding 52: The applicant is ill the process of constructing a dwelling on proposed Parcel 2. As depicted ~ on the applicant's tentative partition plan, the dwelling on Parcel 2 meets the required building setbacks of the LDR District. Finding-53: The building footprint ofthe dwelling on proposed Parcel 2 is depicted on the tentative plan, and shoulO not exceed the maximum lot coverage provisions (45%) ofSDC 3.2-215. Height Standards Finding 54: In accordance with SDC 3.2-225, the maximum building height in the LDR District is 30 feet, except where modified by solar access standards. Compliance with solar access requirements is ensured during Building Permit review for a future house on Parcel I. Landscaping Standards Finding 55: In accordance with SDC 3.2-215 footnote (5), all building setbacks shall be landscaped unless the setback is for a garage or carport. Screening Finding 56: There is no requirement to install screening between comparable residential parcels, Fence Standards Finding 57: The Developinent Code regulates the height and style of fencing in residential districts, However, th'ere is no requirement for fencing between comparable residential parcels. Fencing is at the discretion of the two abutting lando~ners. On-Site Lighting Standards Finding 58: It is not expected that outdoor residential lighting for the future dwellings will cause light trespass onto adjacent properties, Vehicle Parking Standards Finding 59: In accordance with SDC 4.6-100, a minimum of two off-street parking spaces are required for each dwelling unit. The parking requirement for Parcel 2 can be accommodated with the proposed driveway and garage. Finding 60: At least two paved off-street parking spaces will be required prior to issuance of occupancy for a future house on Parcel I. Condition of Approval: 16. Prior to issuance of Final Occupancy for a dwelling on Parcel 1, at least two paved off-street parking spaces shall be developed on the site. . Conclusion: As conditioned herein, this proposal satisfies Criterion D.I. Dat€I'1'"',.'",,ved' Planner: AL /0/13/ Jr;rJ! / / 10 D.2 Overlay Districts;and Applicable Refinement Plan Requirements Finding 61: Development Review staff have reviewed the application in regard to .the Drinking Water ~ Protection Overlay District and Refinement Plan requirements. The subject site is not within a mapped ' Time of Travel Zone for'Springfield drinking water wellheads. Therefore, no specific policies of the DWP Overlay District apply to the proposed partition. Finding 62: The proposed partition is consistent with provisions ofthe East Main Refinement Plan. Conclusion: This proposal satisfies Criterion D.2. E. Physical features, including, but not limited to: steep slopes with unstable soil or geologic conditions; areas with susceptibility to flooding; significant,c1usters of trees and shrubs; watercourses shown on the Water Quality Limited Watercourse Map.and their associated riparian areas; other riparian areas and wetlands specified in Section 4.3-117; rock outcroppings; open spaces; and areas of historic and/or archaeological significance, as may be specified in Section 3.3-900 or ORS 97.740-760, 358.905-955 and 390.235-240, shall be protected features have been evaluated and protected as specified in this Code or in State or Federal law. ' . Finding 63: The site does, not contain steep slopes or unstable soils., Finding 64: The area to the east of the subject property is within the local wetland inventory. However, it, is not expected that the proposed partition will have an adverse impact on the wetland area. Finding 65: The subject area does not contain any trees and shrubs that warrant special protection. Findiltg 66: 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 prote'cted 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 E. F. Parking areas and ingress-egress points have been designed to: facilitate vehicular (raffic,bicycle and pedestrian safety to avoid congestion; provide connectivity within the development area and to adjacent residential areas, transit stops, neighborhood activity centers, and commerCial, industrial and public areas; minimize driveways on arterial and collector streets as specified, in this Code or other applicable'regiIlations and comply with the ODOT access management standards for State highways. Finding 67: The Development Review Committee reviewed the proposed 2-lot partition at a meeting on ,September 23, 2008. As noted and conditioned herein, the proposed driveway is sufficient to serve Parcels land 2. As previously conditioned, provision of paved off-street parking will be required for a futUre dwelling on Parcell (Condition II). Transportation System Impacts Finding 68: Abutting the subject site to the west, South 47th Street is a 20-foot wide asphalt mat roadway withjn a 60_foot wide.right-of-way. The street is paved, but lacks curb and gutter; sidewalks, street lighting .and underground utilities including stormwater drain~ge. Average daily traffic on this segment of South 47th Street is estimated to be fewer than 500 vehicle trips per day. '. ' . ,; '.,<:: Date, t:(eceived: li/;~ /:;,;.;y Planner: AL . II " Finding 69: Upon recording of the partition, there-will be one vacant parcel (Parcell) and a parcel with a house under construction (parcel 2). Although the house is not completed and occupied, the dwelling was considered during development review for an earlier partition on this site (SUB2006-00022). Finding 70: Based on ITE Land Use Code 210 (Single-Family Detached Housing) full development of Parcel I with single-family residential use would gerierate 10 additional vehicle trips per day and I PM peak"hour vehicle trip onto the surrounding street system. . Finding 71: Assumed development also 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. Finding 72: As previously noted and conditioned, the proposed partition creates the need for paving, curb and gutter, sidewalk, street lighting and storm sewer improvements on" South 47th Street. However, the absence of these improvements abutting the subject property makes construction of improvements along the property frontage economically and technically impractical at this time. The future street improvements can be deferred through an executed Improvement Agreement. Although there is an existing Improvement Agreement for the subject property, it will likely require amendment or renewal with recording of the partition plat due to revised legal descriptions and a change to the number of affectedlbenefiting properties. Finding 73: Regular and frequent transit bus service is provided by LTD Route #11 (Thurston) operating along Main Street. Finding 74: As proposed and previously conditioned herein, existing transportation facilities would be adequate to accommodate the additional volume of traffic generated by the proposed. development. Site Access and Circulation Finding 75: Installation of driveways on a street increases the number of traffic conflict points. A greater number of conflict points increases the probability of traffic crashes. SDC 4.2-120 permits each parcel to have one driveway access. Finding 76: The applicant is proposing to install a paved panhandle driveway to serve Parcels I and 2. The driveway straddles the property line between' the subject site and the adjacent parcel to the north (Tax Lot 6900), The subject property and the adjacent site to the north have existing reciprocal access easements that will accommodate a shared driveway as' depicted on the tentative plan: The parallel reciprocal access easements include provisions for shared maintenance responsibilities between the benefiting properties, Finding 77: At the east edge of Parcel I the proposed driveway deflects to the south, which necessitates a supplementary private access easement in the northeast quadrant of'Parcel I. As previously noted and conditioned herein, the access easement is to be recorded prior to or concurrently with the final Plat (Condition 10). Finding 78: As stated previously, the driveway serving Parcels I and 2 will need to be designed to handle an 80,000 lb, imposed load. As proposed, the driveway provides at least 20 feet clear width for emergency vehicles. finding 79: On the tentative partition plan, Note 4 states that the developer would prefer to defer paving of the driveway until after Final Plat .or prior to occupancy of the house on Parcel 2: Staff advise that because the proposed driveway intersects three separate propertie~, it is considered a multiple panhandle driveway and will require paving prior to the Final Plat. " DatE) !~€'cE)ived; Planner; AL IO/;I~o,( / / - 12 Finding 80: At the point of connection with the roadway driving surface, the proposed driveway onto South 47th Street does not appear to provide wings that accommodate vehicle turning, movements. Staff advise that the driveway will have to be constructed to City standards in accordance with Springfield Public_ Warks permitting requirements. Finding 81: As proposed and conditioned herein, the existing facilities are adequate to meet the site access, driveway, and vision clearance requirements ofSDC 4.2-120 and 4.2"130. Conditions of Approval: ' 17. Prior to issuance of occupancy for the house on Parcel 2, the driveway approach serving Parcel I, Parcel 2 and Tax Lot 6900 shall be constructed to City standards. 18. The applicant shall provide and maintain adequate vision clearance triangles at the corners of the site driveway in accordance with SDC 4.2-130. '. Conclusion: As conditioned herein, this proposal satisfies Criterion F. G. Development: of any remainder of the property under the same .ownership can be accomplished as specified in this Code. Finding 82: There is no other property under the same ownership that can be further developed. Conclusion: This proposal satisfies Criterion G. H. Adjacent land can be developed or is provided access that will allow its development as specified in this Code. Finding 83: Adjacent properties to the north and south are currently developed with residential dwellings and have access to public streets. ' . Conclusion:, This proposal satisfies Criterion R I. Where the Partition of property that is outside of the city limits but within the. City's urbanizable area and no concurrent annexation application is submitted, the standards specified below shall also apply. Finding 84: The property involved.in this proposal is inside the City limits. Therefore, this criteria is not applicable to the subject site. Conclusion: This proposal satisfies Criterion I. CONCLUSION: The tentative partition, as submitted and conditioned, complies with Criteria A-I of SDC 5.12-125. Portions ofthe.proposal appro.ved as submitted may notbe substantively changed during platting without an approved modification application in accordance with SDC 5.12-145. What needs to be done: The applicant will have up .to one vear from the date of this letter to meet the applicable conditions of approval or Development Code standards and to submit a Final Partition Plat. Please refer to SDC 5.12-135 & 5.12-140 for more information. THE PUBLIC AND PRNATE IMPROVEMENTS AND THE FINAL PLAT MUST BE IN SUBSTANTIAL CONFORMITY WITH THE TENTATIVE PLANS AND t - - - THE CONDITIONS OF APPROVAL. The Final Plat is required. to go through a pre-submirtal 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 Surveyor and the Planning Department, the Plat may be submitted to Lane' . .' .Date> R.eCeived:jr'~ hod/' Planner: AL 13 County Surveyor for signatures prior to recording, No individual lots may be transferred until the plat is recorded and five (5) copies of the med partition are returned to the' Development Services Department by the applicant. . CONDITIONS OF APPROVAL: 1. Concurrent with recording of the Final Plat, the applicant shall execute and record Improvement Agreements against Parcels I and 2 for South 47th Street improvements including paying, curb and gutter, sidewalk, storm sewer, and street lighting. Alternatively, the applicant shall provide satisfactory evidence that the existing Improvement Agreement obligations will automatically assign to both parcels upon recording of the partition plat.' . 2. The sanitary sewer laterals installed to serve Parcels 1 and 2 shall be at least 4 inches in diameter in accordance with City specifications. 3. Prior to approval of the Final Plat, the applican( shall install all underground utilities as depicted on the tentative partition plan, 4. The Final Plat shall'dedicate a suitable private sanitary sewer easement against Parcell for the existing sanitary sewer lateral serving the dwelling on Tax Lot 680 I. The fmal alignment of the easement shall be based on as- built information as noted on the applicant's tentative plan. 5. The Final Plat shall provide for dedication of a variable-width private stormwater drainage easement across Parcel I to accommodate the soakage trench as generally depicted on the applicant's tentative partition and easement detail plans. 6. Prior to approval of the Final Plat, the stormwater drainage pipe and soakage trench serving Parcels I and 2 shall be installed and functioning as generally depicted on the applicant's tentative plan. 7. Prior to approval of the Final Plat, the 4-inch diameter stormwater drain pipe shall be stubbed to the Parcel I building envelope area as generally depicted 'on the applicant's tentative plan. 8. Concurrent with recording of the Final Plat, the applicant shall record a deed restriction or similar mechanism against Parcel I that obligates the property owner to construct an appropriate driveway crossing of the soakage trench, 9. Prior to approval of the Final Plat, the applicant shall provide for relocation of the existing power pole from the northwest property corner to another suitable location. 10. Prior to approval of the Final Plat, the applicant shall obtain a concurrence from the oWner of Tax Lot 6801 agreeing to the utility relocation work as depicted on the tentative partition plan. 11. Prior to approval of the Final Plat, the existing overhead telecommunication lines serving the house on Tax Lot 680 I shall be relocated underground to a joint utility trench. 12. The Final Plat shall provide for dedication of a private utility easement across Parcel I and benefiting Tax Lot 6801 to accommodate the joint utility trench as described on the applicant's tentative plan. 13. The Final Plat shall provide for dedication of a private utility easement across Parcel I to accommodate the soakage trench as generally depicted on the applicant's tentative partition and easement detail plans. 14. Prior to approval of the Final Plat, the applicant shall install "No Parking - Fire Lane" signage along the panhandle driveway in accordance with SFC requirements. ' ~ pat~ r p/grm, :"" 1;/;-;/~4? 14 .. ,-'"" 15. The Final Plat shall provide for dedication of a variable-width private access easement and maintenance agreement against P;;'cell'forthe benefit'ofPilrcel2 as generally depicted on'the applicant's te~tative plan. 16. Prior to issuance of Final Occupancy for a dwelling on Parcel I, at least two paved off-street parking, spaces shall be developed on the site. " 17. Prior to issuance of occupancy for the house on Parcel 2, the driveway approach serving Parcel I, Parcel :2 and , Tax Lot 6900 shall be constructed to City standards ' 18. The applicant shall provide and maintain adequate vision dearancetriatigles at the corners ofthe.site driveway in accordance with SDC 4.2-130. Additional Information: The application, all documentS, and evidence relied upon by the applicant, ,and the applicable criteria of approval are availl\ble 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 5.3-100, -,\ppeals. An Appeais application must be submitted to the City with a fee of $250.00. The fee will be returned to the appellant if the Planning Commission approves the appeal application. In accordance with SDC 5.3-115 which provides for a 15-day appeal period and Oregon Rules of Civil Procedures, Rule 10(c) for service of notice by mail, the appeal period for this decision 'expires at 5:00 p.m. on October 28, 2008. Questions: Please call Andy Limbird in the Planning Division of the Development Services Department at (541) 726-3784 or email alimbirdia)ci.sorin"field,oLus'ifyou have any questions regarding,tjlis process. PR"Rd~-/ End: Attachment A - Tentative Partition Plan Date Received:4)(da?J' Planner: AL 15 ': . Please be advised that the following is provided for information only and is not a component of the partition decision. FEES AND PERMITS Svstems Develooment Charo:es: The applicant must 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 rate, and plumbing fixture units (Springfield Code Chapter II, Article 11), Some exceptions apply to Springfield Urban Growth areas. Systems Development Charges (SDCs) 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 issuance for buildings or site improvements on each portion or phase of the development. , Among other charges, SDCs for park and recreation improvements will be collected at time of building permit issuance for a future house on Parcel 2, and would be based on the SDC policy in effect at that time, WiIlamalane Park and Recreation District advises that the SDCfor park and recreation improvements is presently $2,513 for each new single-family dwelling. . Sanitarv Sewer In-Lieu-Of-Assessment: Pay a Sanitary Sewer In-Lieu-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. [Ord,5584] Public Infrastructure Fees: It is the responsibility of the private developer to fund the public infrastructure required to provide utilities to the property. Other City Permits: . Building Permits - In addition to standard requirements, the developer shall abide by the solar setback requirements ofSDC 3.2-225 when submitting for building permits for the dwelling on Parcell. . Encroachment Permit or Sewer Hookup Permit - Required for working within a right-of-way or public easement. Example: a new.tap to the public storm or sanitary sewer, or adjusting a manhole, The current rate is $135 for processing plus applicable fees and deposits. . Land & Drainage Alteration Permit (LDAP) - An LDAP will be required for new home construction. Contact the Springfield Public Works Department at 726-5849 for appropriate application requirements. Additional oermits/aoorovals that mav be necessarY: . Plumbing Permit to install stormwater drain pipes, sewer laterals, water lines, etc. . Electrical Permit . Division of State Lands (stormwater discharge, wetlands) . Department of Environmental Quality (erosion control, stormwater discharge, wetlands) . US Army Corps of Engineers (stormwater discharge, wetlands) .', Q<:it€} Received' Plan.ner: AL /olpot>d' I 16 .... ',', ..' .' " .'..' "" '-. .;. .... " ,. :,' "',' , 4- 1 ! ,'. ---- ; . '. ~------.......,' '. ..~.. __i__.... Renee Clough Branch Engineering 310 Fifth Street Springfield, OR 97477 . .~. , ,:,." :.';1.:'{" ,,::~~:';"~::. ~:.\~~":I"~:;~,;!~ti~<:~ . I CITY OF S'~RINGFIEq):;~"I:;:~&;~ii DEVELOPMEN,T SERVICES DEr~~!~~~I !>ili jf~ , . 225 5th ST . ."., ' ~ , ,~ ',"', ,~P;..:.l..'f'";.:i"" lt~ SPRI~G,FIE~Q, OR ~74nl>I' :::~"~7.~t)~,/J>iJ ~ , :,," L'~" Vj~ ,!'r,? ;, '.aI'~"J ~, .' '..' . ,,~< -,,~~ttt ,"~"I.'\' .. ~,...!.l ,I' - David Nowak 5729 Main Street, PMB 239 Springfield, OR. 97478 . .' ~:' ....', <~ ,-".., ,'. "." Dated'leceived' !~V~r , ,Planner: AL>.