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