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HomeMy WebLinkAboutNotice PLANNER 10/25/2007 ., Notice of Decision - Subdivision Tentative Plan Project Name: Foumal/Curran Project Proposal: Subdivide three parcels into six lots. , Case Number: SUB2007-00050 ProjeCt Location: 3861 and 3835 EStreet; 17-02-31-13 Tax Lots 1101, 1102 and: 1103. Property size: at't',~~tely 37,000 sf Base Zone: LDR (Low Density Residential) Overlay District(s): DWP (Drinking Water Protection) Overlay, 10-20 year TOTZ Metro Plan Designation: LDR (Low Density Residential) Refinement PlanjDesignation: Mid-Springfield/LDR, Pre-Submittal Meeting Date: August 2,2007 Application Submitted Date: September 18, 2007 Decision Issued Date: J October 25, 2007 j Appeal Deadline Date: November 9, 2007 O~her Application(s): none ". '. I POSITION REVIEW OF NAME PHONE I Project Manager Planning Steve Hopkins 726-3649 I Transportation Planning Engineer Transportation Greg Kwok , 726-7134 I Ptiblic Works Civil Engineer Utilities Jesse Jones 736-1036 I Public Works EIT Sanitary & Storm Sewer Jesse Jones 736-1036 I Deputy Fire Marshall Fire and Life Safety Gilbert Gordon 726-2293 I Commurtity Services Manager, Building Dave Puent 726-3668 Owner/Applicant: Laura Foumal 1750 Washington Street Eugene OR Owner/Applicant: Bill Curran 3861 E Street Springfield OR 97477 Representative: Jeanette Applauso Branch Engineering 310 Fifth St. Springfield OR 97477 FoumallCurran Case No. SUB2007-00050 Site: Summary of proposal: Subdivide three parcels into six lots with a common driveway to serve four lots. Lots 1 and 6 will contain the existing dwellings. Decision: Tentative Approval with conditions, as of the date of this letteri The standards of the Springfield Development Code (SDq applicable to each criterion of ~pproval are listed herein and are satisfied by the submitted plans and notes unless specifically rioted with findings and conditions necessary for compliance. 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 decisiori is final. Please re,ad this document c<n;efully. Other Uses Authorized by the Decision: None. Future development will be in accordance with the provisions of the SDC, filed easements and agreements, and all applicable ,local, state and federal regulations. Review Process: This application is reviewed under Type 11 procedures,listed in SDC 5.1-130, ' the Tentative Plan Criteria of Approval, SDC 5.12-125, and the Land Division Standards of Article 5.12-100. Procedural Findings: , . Applications for Limited Land Use Decisions require the notific!oation of property owners/ occupants within 300 feet of the subject property allowing for a 14 day comment period on the application (SDC Sections 5.1-130 and 5.2-1l5). The applicant FoumallCurran Case No. SUB2007-00050 2 and parties submitting written comments during the notice period have appeal rights and are mailed a copy of this decision for consideration. . Notice was sent to adjacent property owners/occupants within 300 feet' of the subject site on :::;~t'~~~.ber 20, 2007. No comments were submitted. . On October 9, 2007"the City's Development Review Committee reviJwed the proposed plans. City staff's review comments have been reduced to findings and conditions only as necessary for compliance with the Tentative Plan Criteria of Approval contained in SDC 5.12-125. This decision was issued on the 38th day of the 120 dais mandated by the state. . In accordance with SDC 5.12-145, the Final Plat shall comply with the requirements of the SDC and the conditions imposed by the Director in this decisiqn. The, Final Plat otherwise shall be in substantial conformity with the tentative plan '!eviewed. Portions of the proposal approved as submitted during tentative review cannbt be substantively changed during Final Plat approval. . SDC 5.12-125 Tentative Plan Criteria The Director shall approve or approve with conditions a Tentative Plari application upon determining that all applicable criteria have been satisfied. If conditions cannot be attached to satisfy the approval criteria, the Director shall deny the application. In the case of Partitions that involve the donation of land to a public agency, the Director may waive aI)y approval criteria upon determining the particular criterion can be addressed as part of a future development application. ,. A. The request conforms to the provisions of this Code pertaining to lot/parcel size and dimensions. , Finding: The property is zonedLDR (Low Density Residential) and the minimum lot size for a parcel on an east/ west street is 4500 sf with 60 feet of fron~age. As proposed, the lots raI)ge from 4,895 sf to 8,242 sf. Lots 1 and 6 have frontage to E Street. Lots 2-5 are panhandles and share a common driveway to E Street. This atcess is allowed in accordance with SDC Section 3.2-220. Conclusion: The proposal complies with SDC5.,12-125(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: The property is zoned LDR (Low Density Residential): and the Gateway Refinement Plan designation is LDR (Low Density Residential). This land division will create 6 dwellings on .85 acre. This equates to approximately 7 dwellipgs per acre which complies with the 1-10 du/acre requirement of the LDR zone and the Metro Plan. Conclusion: The proposal complies with SDC 5.12-125(B). FoumallCurran Case No. SUB2007-00050 3 c. CapacitY requirements of public and private facilities, including but not limited to, water and electricity; sanitary sewer and storrriwater 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 pirector or a utility provider shall determine capacity issues. Finding: Abutting the subject site to the north, 'E' Street is a 36-foot ~ide asphalt paved roadway within a 60-foot wide right of way. The street is improveq with curbfgutter, sidewalk, and street lighting. Average daily traffic along this section of 'E' street is estimated to be less than 300 vehicle trips per day. ' , Finding: Existing transportation facilities would be adequate to accommodate the additional volume of traffic generated by the proposed development. Finding: According to the Deputy Fire Marshal, wate~ supply and acs~ss are adequate. Finding: Lots 1 'and 6 are currently connected to City sanitary sewer in E St. Lot 4 has a , connection to the main along the eastern side of the site. Lot 5 will ,connect directly to the main along the eastern side of the site. Lots 2 and 3 will be serVed by two new 4" sanitary sewer laterals from the E Street main. Finding: To comply with Sections 4.3-110 and 4.3-115, stormwater runoff from the common driveway will be directed into a private vegetated soakage trench and drained to the city system. Stormwater runoff from Parcels 1 and 6 will cont4'tue to weephole to the curb. Roof runoff from Lots 2-5 will be directed to the existiI).g city, stormwater system through an 8" stormwater pipe in the joint utility trench. Condition of AOOToval: The proposed private vel!etated soaka'l!e shall be fullv vel!etated with all vel!etation species established prior to approval of Final Plat. Alternativelv. if this condition cannot be met the applicant shall provide and maintain additional interim erosion control! water Qualitv measures accept~ble to the Public Works Department that will suffice until such time as the filter strip vel!etation becomes fullv established. Finding: Sections 4.3-120 to 4.3~130 of the Springfield Development Code require, each development area to be provided with a water system having suffi~iently sized mains and lesser lines to furnish adequate supply to the development and sufficient access for , maintenance. Springfield Utility Board coordinates the design of. the water system within Springfield city limits. The current plan proposal depicts extending water line , services to Lots 2, 3, 4, and 5. ' Finding: The applicant has proposed a 7 foot public utility easement along the frontage of Lot 1, satisfying Section 4.3-140 of the SDC. Additionally, a 2~' joint use 'access, drainage, and utility easement has been proposed along the joint-use driveway for the benefit of all lots, Condition of Aporoval: Prior to apProval of the Final Plat, all necessary utilities shall be constructed and extended to each parcel. . Conclusion: As conditioned, the proposal complies with SDC 5.12-125(C). " Foumal/Curran Case No. SUB2007-00050 -4 :! . '- ' , 'D. , The proposed land division shall comply' with all applicable public and private design and construction standards contained in this, Code and other applicable regulations. Finding: The existing dwellings will be on Lots 1 and 6. In order to comply with the setbacks from the new lot lines, the carport must be removed from the dwelling on Lot 1. Condition of Aooroval: Prior to approval of-the final plat. remove the carport from the dwellinl!: on Lot 1. Finding: In accordance with SDC 3.2-220(5), the common driveway, must be paved at least 18' wide from the front property line to the pan of the last lot 'arid constructed to supportan 80,000 lb load. Condition of Aooroval: Prior to approval of the final plat. the cOmID.on drivewav shall , be paved 18' wide from the front property line to the pan of the last lot and constructed to support an 80.000 lb load. Findirig: SDC Section 4.3-125 requires all utility lines to be placed underground, including those lines serving existing dwellings. Condition of Aooroval: Prior to approval of the Final Plat. all utility lines shall be placed undercround, includinl!: the existing overhead utilities serving the existing dwellinl!:s. Finding: Lots 2-5 will be addressed on E Street 'and will take access from a shared private driveway. Adequate premises identification is required to provide timely Fire and Life Safety services to these lots. Condition of ApDroval: Prior to approval of the final plat, the addre~ses for Lots 2-5, as assil!:lled bv the Buildinl!: Official, shall be c1earlv identified with permanent sil!:llage placed in a position that is plainlv visible and legible from E Street. The signage shall be in accordance with Springfield Fire Code 505.1: Premises Identification. Conclusio,n: As conditioned, the proposal complies with SDC 5.12-125(D). E. Physical features, including, but not limited to: steep slopes with unstable soil or geologic conditions; areas with susceptibility of flooding; significant clusters of trees and shmbs;watercourses shown on the WQLW Map and their associated riparian areas; wetlands; rock outcroppings; open spaces; and areas of historic and/or archaeological significance, as may be specified in Section 3.3-900 or OR~ 97.740-760, 358.905-955 and 390.235-240, shall be protected as specified in this Code or in State or federal law. Finding: The subject property does not contain any steep slopes and there is no regulated water body within 500 feet. ' Conclusion: As conditioned, the proposal complies with SDC 5.12-125(E). F. Parking' areas and ingress-egress points have been designed to: facilitate vehicular traffic, bicycle and pedestrian safety to avoid congestion; provide connectivity within the development area and to adjacent residential areas, transit stops, neighborhood FDurnel/Curran Case No. SUB2007-00050 5 activity centers, and commercial, industrial and public areas; minilnize driveways on arterial and collector streets as specified in this Code or other applicable regulations and comply withthe ODOT access management standards for State highways. Finding: The common driveway will provide access to four lots with only one additional curb cut onto E Street. Conclusion: The proposal complies with SDC 5.12-125(F). G; Development of any remainder of the property under the same ownership can be accomplished as specified in this Code. Finding: The adjacent property is under separate ownership. Conclusion: The proposal complies with SDC 5.12-125(G). H. Adjacent land can be developed or is provided access that will allo~ its development as specified in this Code. Finding: The surrounding property is zoned LDR, is developed ~ith single family dwellings and has access to E Street. f Conclusion: The proposal complies with SDC 5.12-125(H). 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: The property is entirely within the city limits. Conclusion: The proposal complies with SDC 5.12-125(1). J. Where the Subdivision of a manufactured dwelling park or mobile home park is proposed, the following approval criteria apply: Finding: This is not a subdivision of a mimufactured dwelling park. ' Conclusion: The proposal complies with SDC 5:12~125(D. DETERMINATION: Based on the evidence in the record. the Director determines the orooosal comolies with SDC 5.12-125IAI-m. subiect to the Conditions of Aooroval attached to this reoort. What Needs To Be Done? SDC 5.12-140 states: The subdivision Plat pre-submittal meeting shall be held within 2 years of the date of Tentative Plan approval (the date of this letter). The mylars and application fee shall be submitted within 180 days of the pre-submittal meeting. If the' applicant has not submitted the Partition Plat within these times, Tentative Plan approval shall become null arid void and re-submittal of the Tentative Plan shall be required. Foumal/CurrO[l Case No, SUB2007-00050 6 A Final Plat application is charged upon submittal of the complete application and all required 'documents, and after all conditions of approval are met, including the constrUction of public and private improvements and extension of utilities requir~d through thi~ decision. Upon signature by the City Surveyor and the Planning Manager, the Plat mylar may be submitted to Lane County for recordation. Noindividuallots may be transferred until tl:l.e Plat is recorded and the mylar copy of the filed Partition is returned to the City Surveyor. Conditions of Aporoval: 5.12-130 Tentative Plan Conditions To the extent necessary to satisfy the approval criteria of Section 5.12-12?, comply with all applicable provisions of this Code and to mitigate identified negative impacts to surrounding properties, the Director shall impose approval conditions. All conditions sha)l be satisfied prior to, Plat approval. Approval conditions may include, but are not limited to:' , 1. Condition of Aporoval: The proposed private vegetated soakage shall be fullv " ve!!etated with all ve!!etation species established prior to approval of Final Plat. Alternativelv,' if this condition cannot be met the applicant shall provide and maintain additional interiin erosion control/water Qualitv measures acceptable to the Public Works Department that will suffice until such time as the filter strio ve!!etation becomes fullv established. 2. Condition of Aporoval: Prior to approval of the Final Plat all necessarY utilities shall be constructed and extended to each parcel. 3. COlldition of Approval: Prior to appro~al of the final plat remove the carport from the dwelling on LotI. 4. Condition of Aporoval: Prior to aporoval of the final plat the common drivewav shall be paved 18' wide from the front oropertv line to the pan of the last lot and - - - constructed to support an 80.000 lb load. 5. Condition of Approval: Prior to aporoval of the Final Plat all, utility lines shall be olaced unden!round. includin~ the existin!! overhead utilities servin!! the existin2; dwellin!!s. 6. Condition of Approval: Prior to approval of .the final plat, the addresses for Lots 2-5. as assigned bv the, Building Official, shall be clearlv identified with permanent ~il!llil!!e placed in a position that is plainlv visible and lecible from E Street. The silma!!e shall be in accordance with Sorinl!field Fire Code 505.1: Premises Identification. ' 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. . FoumallCurran ,Case No. SUB2007-00050 7 Appeal: This Type 11 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, Section 5.3-100, Appeals. An Appeals application must be submitted to the City with a fee of $250.00. The fee will be returned to the appellant if the Planning Commission approves the appeal application. In accordance with SDC 5.3~ 115(B) which provides for a IS-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 November 9, 2007. Questions: Please call Steve Hopkins in the Planning Division of the Development Services Department at (541) 726-3649 if you have any questions regarding this process. Prepared by: Steve Hopkins, AICP , Planner 11 Development SerVices - Urban Planning Division FoumallCurran Case No, SUB2007-00050 8