Loading...
HomeMy WebLinkAboutNotice PLANNER 5/11/2010 '. . . ~ RECEIVED AFFIDAVIT OF SERVICE MAY 11 20ra 8y:~ ub'~ J of-3~ 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 capacity as, Program echnician, I prepared and caused to be mailedcopiesof5LlI32DID-' ~ . '. - PU'r- r (See attachment nAn) on -5 20 0 addressed to (see UJM::IwUfd. Attachment Bn), by causing said . letters to be placed in a U.S. mail box with f'.SI~~ postage fully prepaid thereon. KA~R ~J~ I \ \ STATE OF OREGON, County of Lane /7~~' /1 ,2010. Personally appeared the above named Karen LaFleur, Prog m' eChnician, who acknowledged the foregoing instrument to be their voluntary act. Before me: . OFFICIAL~tLY . Ng~:iiB~C.OREGON '.' COMMISSIONNORE~i~\5.2011 16'1 COMMISSION EX?I h~K~ 8" //5 /fl My Commission Expires: , l . . Notice of Decision -Serial Property Line Adjustment Project Name: Westwind Serial Property Line Adjustment Project Proposal: Adjustment to Lots 99-101 Case Number: SUB2010-00003 Project Location: 17-02-32 TLl04 Base Zone: LDR (Low Density Residential) Zone Application Submitted Date: April 12, 2010 Decision Issued Date: May 11, 2010 Appeal Deadline Date: May 26, 2010 CITY OF SPRINCFIEL[),I>l':Y~LQp'MENT REVIEW TEAM':'\:,.:. /iC".,-.,'i'",:"'.:." , , . , "- ,_~.-~,... ....".~"." ~H' , . ". -, " ."'-',j,..,::", i".'}.., ;..... POSmON REVIEW OF NAME PHONE Project Manager Planning Steve Hopkins 726-3649 Transportation Planning Transportation Jon Driscoll 726-3679 Public Works Civil Engineer Utilities, Sanitary & Clayton Mceachern 736-1034 Storm Sewer Deputy Fire Marshall Fire and Life Safety Gilbert Gordon 726-2293 Community Services Building Dave Puent 726-3668 Manager ~~,~~,1!n~!!\-.-":jll,~tt;,"IlNt;'f~J~"Pit<,:'''~'<1>1:;<~';;!0ifjlf4'.'rnID1~tif5',,,''\.l;W'JL~)TEii.t.1~;'iiJJ?;;;;'i"-'{\'Of",,~oi(~:;::-~'1iiJJIl.i~~;~'ilic~m~ff~~~_~~~~~+~';,r~f.~;;~\'f'-l\i~ rAPPLIGANT:SDEVELOPMENT;REVIEWITEAl'1M<!~,'~;'1"":.~~,.",."'ii1tI\ifi""f,,"'!i'~"'"iii:i>~~r,." ~~1~friir~(imrt.~.t~1)fiiC~~~tJ~iiW~~g~~4i&Q1t~~1,*:!;l';:~~~~iWj.t~~~-;;'f. ~~~",~t~~~r .' .:._*Ef~~i~~~h~~t~~~~:~!;~:1~ Owner: Applicant: Dennis Murphy Craig Horrell JHD3, LLC Hayden Homes, LLC 2464 Glacier PI, Suite 110 2464 Glacier PI, Suite 110 Redmond OR 97756 Redmond OR 97756 Summary: This is a serial PLA to adjust Lots 99 -101 of Westwind Estates. The adjustment will enlarge Lot 99 by 10 feet. Lot Current Ad"usted size frontage size frontage 99 6,034 55 7,298 65 100 6,206 55 5,759 53 101 6,316 60 5,499 52 Westwind Serial Pl.A Case No. SUB10 I 0-00003 Page 1 . . , ) I 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 approval are listed herein and are satisfied by the submitted plans and notes unless specifically noted with findings and conditions necessary for compliance. The Final Survey must conform to the submitted plan as conditioned herein. This is a limited land use decision made according to city code and state statutes. Unless appealed, the decision is final. Please read this document carefully. Other Uses Authorized by the Decision: None. Future development will be in accordance with the provisions of the SDC, filed easements and agreements, and all applicable local, state and federal regulations. Review Process: This application is reviewed under Type II procedures listed in SDC 5.1-130, and the Property Line Adjustment Criteria in SDC 5.16-125. Procedural Findings: . Applications for Limited Land Use Decisions require th~ notification of property owners/occupants within 300 feet of the subject property allowing for a 14 day comment period on the applications (SDC Sections 5.1-130 and 5.2-115). The applicant 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 April 15, 2010. . On May 4, 2010, the City's Development Review Committee reviewed the proposed plans. City staff's review comments have been reduced to findings and conditions only as necessary for compliance with the Property Line Adjustment Criteria of Approval contained in SDC 5.16-125. This decision was issued on the 23'd day of the 120 days mandated by the state. . In accordance with SDC 5.16-140, the Final Survey shall comply with the requirements of the SDC and the conditions imposed by the Director in this decision. . The Final survey otherwise shall be in substantial conformity with the tentative plan reviewed. Comments Received: The comment period began April 15 and ended on April 30. No comments were received. Westwind Serial PLA Case No. SUB10 I 0-00003 Page 2 . , ;" '- . , . . SDC 5.16-125 Criteria of Approval The Director shall approve, approve with conditions, or deny the Property Line Adjustment application. Approval or approval with conditions shall be based on compliance with the following criteria. The Property line Adjustment shall not: A. Create a new lot/parcel; Finding: No new lots are created. B. Create a landlocked lot/parcel; Finding: No lots are landlocked. C. Reduce an existing lot/parcel below the minimum size standard or reduce setbacks below the minimum established by the applicable zoning districts in this Code; Finding: Holly Street is a N-S street. The base zone standards require each lot to contain 5,000 sf and 60 feet of frontage. However, this is a cluster subdivision which allows a reduction in these standards. D. Violate any previous conditions the Approval Authority may have imposed on the lots/parcels involved in the application; Finding: The conditions of approval from the subdivision, hillside and tree felling decisions have been reviewed. The proposed PLA does not violate any conditions from those decisions. E. Detrimentally alter the availability of existing public and/or private utilities to each lot/parcel in the application or to abutting lots/parcels; or Finding: No evidence has been submitted that the proposed PLA will alter the availability of public and/ or private utilities to each lot. Condition: The final survey shall include the utility easement shown on the plat as Detail "B" Document No. 8322991. Transportation System Impacts Finding; Lot 99 gains size, and has no Transportation issues related. Finding: Lot 100 "loses" 10 feet on the southerly side, but gains 8 feet on the northerly side, and has no transportation related issues. Finding: SDC 4.2-105(A)(1) says, "Streets shall ordinarily conform to alignments depicted in TransPlan, the Regional Transportation Plan (RTP), applicable Refinement Plans, Plan Districts, Master Plans, Conceptual Development Plans, or the Conceptual Local Street Map." Finding; The Local Conceptual Street Map shows Booth Kelly becoming a local street, extending from the west border to the east border of the West Wind Estates subdivision. Finding: Lot 101 boarders Booth Kelly Road. There is presently no through street on the north side of Lot 101, but it is on the Local Conceptual Street plan and is planned to have a crossing intersection instead of the "T" intersection built now. (See below.) Westwind Estates presently Westwind Serial PiA Case Na. SUB20 I 0-00003 Page 3 . . , . I I only has a short stub north of Lots 87 & 86. Extending this stub to the west as base line, the future southern point of curvature of the curb at the southeast comer of Booth Kelly Road and Holly Street intersection will be approximately 8 feet south of the south right-of-way line of Booth Kelly Road. Finding: SDC 4.2-12o(C) states, "Driveways shall be designed to allow safe and efficient vehicular ingress and egress as specified in Tables 4.2-2 through 4.2-5 and the City's Engineering Design Standards and Procedures Manual and the Public Works Standard Construction Specifications." The Public Works Standard Construction Specifications contain Standard Drawing 3-19 which requires that driveway approach wings be a minimum distance away from one foot from the projected property line. -e , NB3"~.E .~ ..______-- 1M.OS ;;; B001H KEllY ROAD ;5 -f;;tUre C;;-rb '" ROW_ 85.'5 ~ (,osting curb W 83"~05:"E ~ '07.9fl '" ~I:q ;fr:: ;:;1 LOT 101 6316 SQ. FT. \..0\ \.\(\e ~e'" \ c:,(\e 0\0 \.C x LOT 87 6866 SQ. FT. ~... ~~- as'> ~, ., ,OJ. LOT 8E 5596 SQ. FT ."i ~* ' Finding: SDC Table 4.2-4 specifies "Minimum Separations Between a Driveway and the Nearest Intersection Curb Return on the Same Side of the Street." For Single-family Residential and Duplexes uses on local streets the required separation is 30 feet. The footnote for said table gives four exceptions to this standard, none of which apply. However, it is the opinion of the Transportation staff that the Conceptual Street Plan may not ever be implemented in this particular area because of grade issues. If it is, the eastbound traffic along the Booth Kelly Road will be slowed by the abrupt change in grade and any traffic turning south onto Holly Street will be slower than average traffic. Because of these two combined views, some leniency on the 30 foot standard separation is deemed appropriate. The following condition will be enforced at the time of dwelling construction. Condition: The driveway throat shall be no less than 4 feet and no more than 7 feet from the south property line. The driveway throat is limited to 12 feet wide. The driveway apron shall comply with Standard Drawing 3-19, 3-20 or 3-21 of the Public Works Standard Construction Specifications, whichever is applicable. Westwind Serial PiA Case No. SUB10IO-00003 Page 4 , \ '_ .. I . . F. Increase the degree of non-conformity of each lot, parcel or structure that is non- conforming at the time of application. Finding: The lots comply with the cluster subdivision standards that allow an exception to the minimum lot size and frontage standard. DETERMINATION: Based on the evidence in the record. the Director determines the proposal complies with SDC 5.16-125, subject to the Conditions of Approval attached to this report. Summary of Conditions of Approval A Final Survey is required within 90 days of the date of this decision (August 3,2010). 1. A Final Survey shall be prepared, stamped and signed by an Oregon registered Land Surveyor as specified in ORS 92.010(7)(b), ORS 92.060(3) and ORS 209.250. . One copy of the Final Survey shall be delivered to the Development Service Department together with any conditioned docuinents. . Once the Director and City Surveyor have certified that all conditions listed under Preliminary Survey approval have been met, the Final Survey may be recorded at the Lane County Surveyor's Office. . The owners of the lots/parcels included in the application shall record with Lane County Deeds and Records Property Line Adjustment deeds, as specified in ORS 92.190(4). The Property Line Adjustment deeds shall contain the names of the parties, the description of the adjusted line, reference to original recorded documents and signatures of all parties with proper acknowledgment. The Property Line Adjustment deeds shall also identify the Planning file number (5002010-00003) and shall contain a statement declaring that the purpose of the deeds is for a Property Line Adjustment. Reference to the affected properties by map and tax lot number shall be in addition to reference by legal description. Each Property Line Adiustment deed for the lots in the series shall be recorded separately. . A copy of the recorded Final Survey and deeds shall be delivered to the Development Services Department together with any other recorded documents that may have been required as a coridition of approval. 2. The Final Survey shall include the utility easement shown on the plat as Detail "B" Document No. 8322991. 3. The driveway throat shall be no less than 4 feet and no more than 7 feet from the south property line. The driveway throat is limited to 12 feet wide. The driveway apron shall comply with Standard Drawing 3-19, 3-20 or 3-21 of the Public Works Standard Construction Specifications, whichever is applicable. Westwind Serial PLA Case No. SUB20 I 0-00003 Page 5 . . , .. "' ) Expiration of Approval In accordance with SDC 5.16-145, the PreIiminary approval shall become null and void if: 4. The Final Survey and any approval conditions have not been submitted to the City in a complete form within 90 days of the date of Preliminary Survey approval (August 3); or 5. The Final Survey is not submitted to the Lane County Surveyor within 30 days of the City approval; or 6. The Property Line Adjustment deed or other conditioned documents have not been recorded with Lane County Deeds and Records with the Final Survey. 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 Site Plan Review and Tree Felling decision 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 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 May 26, 2010. 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: Si=;I!( Steve Hopkins, AICP Planner II Development Services - Urban Planning Division Westwind Serial PLA Case Na. SUB2010-00003 Page 6 .~ ..... . . SPRONGHEW~ ~i;J:I/I'[tf;i/~(!!r'J:I:[tf'JI'~ DEVELOPMENT SERVICES ~ PLANNING DEPARTMENT 225 FIFTH STREET SPRINGFIELD, OR 97477 Dennis Mur.phy JHD3, LLC 2464 Glacier Redmond, OR Place, Suite 110 97756 , " " ..ft.d~ SP"'NG~"CD~ !fijill'iC');E,i;J :1/1'[tf;i/~ (iJir'J:1 :[tf'JI'~ DEVELOPMENT SERVICES ~ PLANNING DEPARTMENT 225 FIFTH STREET SPRINGFIELD, OR 97477 Craig Horrell Hayden Homes, LLC 2464 Glacier PI, Suite 110 Redmond, OR 97756 ()JJa~- \~6 (I