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HomeMy WebLinkAboutPermit Miscellaneous 1999-5-3 ~, DEVELOPMENT SERVICES DEPARTMENT 225 FIFTH STREET SPRINGFIELD, OR 97477 (541) 726.3753 FAX (541) 726.3689 Notice of Decision - Limited Land Use - Partition Journal Number 99-02-042 Date of Letter May 3, 1999 Prooertv Owner . Darin Thompson 3049 Hayden Bridge Road Springfield, OR ,97477 Survevor Branch Engineering 310 Fifth Street Springfield, OR 97477 Exolanation of the Nature of the Aoolication , ,. , . , , , The applicant has submitted a request to the City of Springfield to partition one parcel into two '. . parcels. Location of the Prooertv The property is located at'3049 Hayden Bridge Road west of 31 sl Street and is also described as Tax Lot 205 on Assessor's Map 17-02;.19-32. The site is located, inside the Urban Growth Boundary (UGB) and outside the City Limits. Decision ,. Tentative Partition Approval, with conditions, as of the date of this letter. Other Uses Authorized bv this letter None Backg-round/Site Information The land to be partitioned is approximatel~' 69,700 square feet in size and is developed with one single-family residence located in the eastern half of the site, on Parcel 2. The dwelling is accessed from Hayden Bridge Road. The property is zoned Low Density ResidentiallUrban Fringe-l0 (LDRlUF-10) and is designated LDR in the Metro Plan; it is not part of any refinement plan area. Tax Lot 204, abutting on the northeast, was partitioned from this parcel in 1995 (lo.No. 95-02-29). To insure adequate future urban density, the Springfield Development Code (SDC) permits parcels zoned LDR/UF-I0 to be partitioned more than once only if the parcel is 2.2 acres or larger and if the application meets specific requirements set forth in SDC Article 29 UF-IO Urbanizable Fringe Overlay District. It has generally been accepted that LDR/UF-IO parcels smaller than 2.2 acres may only be partitioned once and must be annexed before ,further partitioning will be permitted. The City's partitioning process allows a property to be divided intO two or three parcels. The CitY is allowing the applicant to proceed with this partition in yonsideration ofthe following rational~: ' Whether the applicant chose to partition his property into three parcels at one time or to partition into three parcels through two separate applications submitted years apart is not a concern. In the end there will be a net gain of three parcels. The applicant would have been permitted to partition into three parcels during the 1995 partition application and he' chose to create only two parcels. He now chooses to create an additional parcel for a total of three parcels; therefore, the current 99-02-042 Page I .' partition is not considered urban development and is consistent with the Article 29 of the SDC. Upon approval of this application the full extent of the permitted land division will be realized. None of the three parcels created by this partition and by Partition Plat Jo.No 95- 02-29 will be permitted to further divide until they are annexed into the City. Written Comments Limited Land Use Decisions require the notification of property owners/occupants within 100 feet of the proposed development allowing for a 14-day comment period prior to the staff decision. No comments were received regarding this development proposal. Criteria of Aooroval Section 34.050 of the Springfield Development Code (SDC) states: "The Director shall approve, approve with conditions or deny the request based on the following criteria: 1. THE REQUEST AS CONDITIONED FULLY CONFORMS TO THE REQUIREMENTS OF nuS CODE PERTAINING TO: LOT SIZE AND DIMENSIONS, THE EFFICIENT PROVISION OF PUBLIC FACILITIES AND SERVICES, STREET IMPROVEMENTS, AND CONSIDERATION OF NATURAL FEATURES." LOT SIZE AND DIMENSIONS Lot Size . ... . ' . .. SDC 16.030 states: "The minimum lot size in all residential districts shall be as follows: (1) Lots on east-west streets shall have a minimum lot size of 4,500 square'feet and a' minimum lot frontage of 45 feet." As proposed, Parcel 2 is 35,832 square feet with 83.5 feet of frontage on Hayden Bridge Road, an east-west street. Parcell ~iIl have 33,870 square feet with 114,99 feet of frontage on Hayden Bridge Road, Finding: Both proposed lots exceed th~ minimum area requirements and have the necessary required frontage; therefore, this portion of Criterion 1 has been met. Setback Standards SDC 16.050 states: "In all residential districts, each lot shall have setbacks of not less than the following sizes unless otherwise provided for in this Code: (1) "Front yard, street side yard and rear yard...- 10 feet. (2) ...interior side yard setbacks...-5 feet (3) ...Exception: A garage or carport shall be setback at least 18 feet (on average) from the property line abutting tlie street...the garage or carport shall otherwise meet the rear and side yard setback standards of the primary structure." Parcel 2 contains the existing house. The front yard setback of the house is approximately 141 feet. The rear yard setback is approximately l08 feet. The side-yard setbacks are 16.7 feet on the west and approximately 83 feet on the east. The existing garage on Parcel 2 is setback 115 feet from the property line abutting the street and meets all other setback requirements of the Code. Parcel 1 contains a structure that is proposed to remain after partitioning; no use for the building is indicated, This structure shall be removed prior to Final Plat Approval (see Other Applicable Article 29 Standards). 99-02-042 Page 2 ~","'.'"i-' "';;,::"N"'7$"'"~ '-"l"':,'...;'l"').I"C:I:.ry Finding: Because the structures on Rarcel)are set backmor,e than the required minimum distance from the property lines and the structure on Parcel I'will be removed, the proposal complies with this' portion of Criterion 1.' ' Solar Standards SDC 34.010 states: (1) Solar Access Standards (b)(l) Basic Requirement for Subdivisions and Partitions. A lot complies with this section if it: a. Has a north-south dimension of 90 feet or more; and b. has a front lot line that is oriented within 30 degrees of the true east-west axis." Parcels 1 and 2 have north-south dimensions of approximately 295 feet and front lot lines that are within 3D degrees of the true east-west axis. Finding: Because parcels 1 and 2 exceed the required minimum solar standards, this portion of Crit~rionlhas heen,met. " Note: the solarstandards set forth in SDC 16.050(j) will be required to be met lrhen bUilding permits for parcel 2 are reviewed. ' , THE EFFICIENT PROVISION OF PUBLIC FACILITIES AND SERVICES Water: '< -,' . SDC32.120(3) States: "Each development area shall be provided With a water system having suffiCiently siZed malus and lesser lines to furnish adequate supply to the development." , , Water is available to the site from an existing 4- inch water line on the north side of Hayden Bridge Road. Rainbow Water District will be the utility provider until the City is able to annex ,and provide necessary urban services to the subject property, Please coordinate electrical need, fees and charges with the utility provider,' , " Finding: Because public water is available to serve ,the proposed parcels, this portion of Criterion 1 has, been fulfilled. Electricity: SDC 32.l2D(1 )(b ) States: "The developer shall be responsible for the design, installation and cost of utility lines and facilities'to the satisfaction of the utility provider." Electricity to this area is available from the overhead lines in Hayden Bridge Road. Parcel I currently receives power from these lines. Service for parcel 2 will be required at the time of development. Please coordinate electrical need, fees and charges with the utility provider. Finding: Electricity can be provided to these parcels; therefore, this portion of Criterion 1 has been fulfilled. Public Utility Easements: , ,SDC 32.12.0(5) states: "An applicant proposing a development shall make arrangements , with the City and each utility provider for the dedication of utility easements necessary to fully service the development. The standard width for publi,c utility easements adjacent to street rights of way shall be 7 feet. ' 99-.02-.042 Page 3 The applicant was required to dedicate a 7-foot Public Utility Easement behind the north property line as a condition of approval for Partition application lo.No. 95-02-29. This PUE was recorded with the County on Partition Plat 95-P069l. Springfield Utility Board is requesting a 5-foot wide PUE along the west property line of Parcel 2 to eventually serve additional parcels as shown on the Future Development Plan. Finding: A 5-foot wide PUE along the west property line of Parcel 2 is required by the utility provider in order to fully serve future development on this site. In order for this portion of Criterion 1 to be fulfilled the following condition of approval is required. Condition: Dedicate a 5-foot wide Public Utility Easement along the west property line of Parcel 2. This dedication may be shown on the Final Plat. Sanitary Sewer: SDC 32.100(5)states: "For proposed developments in unincorporated urbanizabJeland, the. Lane County Sanitarian shall approve all septic systemsdesigns." The City sanitary sewer is located over 300 feet away and is not available to serve these parcels. A septic tank and drain field located on Parcel 2 serves the. existing residence. The applicant indicates that this septic system will remain. Septic approval from the Lane County Sanitarian is 'required for Parcel 1 prior. to Final Plat Approval. Contact Lane County Land Management Division for further information on:receiving septic approval. . Finding: Because this development area is unincorporated urbanizable land; the Lane County Sanitarian shall approve the septic system . designs and the following condition of approval is required to fulfil this portion of Criterion l. Condition: Provide certification from the Lane County Sanitarian that adrain field and replacement area may be sited on Parcell. . Storm Sewer: SDC 32.110 states: (1) "The Approval Authority shall grant development approval only where adequate provisions for storm and flood water run-off to the City storm water drainage system have been made as determined by the CitycEngineer. " The public storm drainage system that exists in Hayden Bridge Road was designed only to serve the public street. As such, the system is not likely to have sufficient capacity to serve this site. The current runoff from this site tends to flow to the east and north toward a shallow meandering swale. No changes to the existing drainage patterns are proposed and none are needed at this time. Future development of the new parcels should include drywells for roof areas with impervious driveways directed to drain to the public street. No construction of new public drainage systems is required at this time. Finding: Adequate provisions for storm and flood water run-off have been made as determined by the City Engineer; therefore, this portion of Criterion 1 has been fulfilled. 99-02-042 Page 4 ... 'f. ..'\..,1. ,;f'e "of" ,'"",--1' ;..,....;....-..-. ",' STREET IMPROVEMENTS Right of Way Dedication SDC section 32.020(lO(a) states: "Whenever an existing street of inadequate width is abutting or within' a development area requiring Development Approval, additional right of way shall be required. Hayden Bridge Road is identified by the Springfield Development Code as a collector street: SDC Table 32-1 requires that collector streets have a right-of-way of 70 feet. Currently the right- of-way for Hayden Bridge Road along the frontage of this site is 50 feet and is comprised of30 feet south of the centerline and 20 feet north of the centerline. The applicant was required to dedicate 5 feet of right-of-way along Hayden Bridge Road as a condition ,of approval for Partition . Plat 95-02~29; however, this is shown as a "5.0 foot future RlW Dedication" on the Tentative Partition Plan and it is uncertain whether or not the dedication was filed with the County. Right- . of~way can.not be dedicated on a Partition Plat; but rather must be .deeded. Finding: The applicant is requesting development approval for a partition that will create an additional buildable lot. When the new parcel is developed, impacts6n the City street system will increase because of the additional vehicle trips created by the new development. Hayden , . Bridge Road has inadequate width and is currently a County road. It will become a City facility when this area isevent1ially annexed. Because oft~e increased impaCt on the City street system, the applicant is required to dedicateS feet of right-of-way for, this portion of Criterion 1 to be ' fuifilled. . ' " , ' Condition: Prior to Firial Plat Approval, provide documentation proving that 5 feet right-of-way has been dedicated so that 35 feet of right-of-way exists betWeen the front property line and the centerline of Hayden Bridge Road. Improvement Agreement, SDC 32:020(1 O)(b) states: "Whenever a proposed land division or development will increase traffic on the City street system and that development has any unimproved street frontage abutting a fully improved street, that frontage shall be fully improved to City specifications... " SDC 32.020(1 O)(b)( 4a) states: "In all other cases of unimproved streets, an Improvement Agreement shall be require as a condhion of Development Approval postponing improvements until such time that a City street improvement project is initiated~ Hayden Bridge Road is substandard and does not meet City street standards. Required improvements include, but are not limited to, curb, gutter, sidewalks, streetlights, storm and sanitary sewers and street trees. An improvement agreement was required as a condition of approval when this site was last partitioned. It is unclear whether the Improvement Agreement was ever recorded with the County. Evidence that an Improvement Agreement for the frontage of the site has been recorded must be provided or a new Improvement Agreement must be recorded with the County. ' Finding: Hayden Bridge is substandard and will become a City street when this 'area is annexed. The applicant is proposing a land division that will impact the City street with an increase'in vehicle trips created by new.development; therefore, an Improvement Agreement is required to fulfill this portion of Criterion 1. . 99-02-042 Page 5 '. Condition: Prior to Final Plat Approval, show that an Improvement Agreement for the future improvement of Hayden Bridge Road for the entire frontage' of the property has been recorded with the County. NATURAL AND mSTORIC FEATURES . The following documents and maps were consulted to determine if there were natural and/or historic resources on this site: the Springfield Local Wetlands Inventory Map, the FIRM Floodplain/Floodway maps, the Draft Natural Resources Special Study, the Willamette River Greenway, the Washburne Historic District and the Historic Landmark Sites Listing. Finding: No significant natural or historic features, as identified by these inventories, are located on this site; therefore, this portion of Criterion I has been fulfilled. (2) THE ZONING IS CONSISTENT WITH THE METRO PLAN DIAGRAM AND/OR APPLICABLE REFINEMENT PLAN DIAGRAMS. The Eugene/Springfield Metro Area General Plan designates the subject property as Low Density Residential (LDR). The property is zoned Low Density ResidentiallUrban Fringe-IO (LDR/UF- 10). The property is not within a refinement plan area. The proposed partition will create two parcels in conformance with the Plan.designation. Finding: The zoning is LDRIUF-10 and the Metro Plan designat~s this parcel LDR, therefore the ,. zoning is consistent with the Metro Plan Diagram and this Criterion has been fulfilled. . (3) DEVELOPMENT OF ANY REMAINDER OF THE PROPERTY UNDER THE SAME OWNERSHIP CAN ]BE ACCOMPLISHED IN ACCORDANCE WITH THE PROVISIONS OF THiS CODE. SDC 29,070(5)(b) (2) states that "A future Development Plan for the urban development shall be required where the property is redivisable into smaller parcels...for LDR propert)' between 5 and 10 acres." The subject parcel is 1.6 acres in size, however a future development plan showing how future division of this site is possible was submitted with the Tentative Plan. The future development plan is only a conceptual land division plan and is not considered an approved development plan. Future division of this property will require additional City approval. Finding: To develop this property further annexation to the City and additional land use applications will be required. Because City review of further development on the property under the applicanfs ownership will ensure that the provisions of the Code are enforced, this Criterion is fulfilled. (4) ADJACENT LAND CAN BE DEVELOPED OR IS PROVIDED WITH ACCESS THAT WILL ALLOW DEVELOPMENT IN ACCORDANCE WITH THE PROVISIONS OF mIS CODE. Finding: All adjacent properties have access to either Hayden Bridge Road or 31 st Street. This partition will not affect the development potential of adjacent land; therefore, Criterion 4 has been fulfilled. 99-02-042 Page 6 :'~,li.r'-':i}, ,\j" ',.-! '1' ',.'~ ( r Other Aoolicable SDC Article 29 Standards . ;;;', SDC 29.070(5)(c) states: "A'ny proposed new parcel less th~lD five acres shall meet...one of the following sta~dards: , 2.' A majority of parcels located within 100 feet of the property to be partitioned shall be smaller than 5 acres;" , Of the nine properties within 100 feet of the subject property, 7 are smaller than, 5 acres and 2 are ' larger than 5 acres. Finding: A majority of the parcels within 100 feet of the subject property are smaller than 5 acres; therefore this pr()vision of the SDC has been fulfilled. SDC 29.070(1)(a) states: "The owner of any property requiring Type IT, ill or IV DevelopmentapPfoval, or Type I Development approval with respect to new single family residences and 'Site Plan reviews, shall sign a~ Annexation Agreement with the City." The recording of annexation agreement documents for this site were a condition of approval for Partition Plat Jo:No. 95~02-29. The City has no record that these documents were recorded with , Lane County. , . , Finding: Since the proposed partition requires Type II Development Approval, Final Plat. approvai will require th(it a Consent to Annexation Form, a Waiver of Time Limit for Filing Statements of Consent, and a Recorded Notice of Agreement be recorded with Lane County. , ' Condition: Prior to Final Plat Approval, provide evidence that a Consent-!o Annexation Form, a Waiver of Time Limit fdr'Filing Statements of Consent, and ~'Recorded Notice of Agreement have been record with Lane County. Permitted Uses . ,/ Parcel I contains an old agricultural structure that is currently being used as storage, Storage structures are not permitted as a primary use in the ,LDRiUF-I 0 zone. This structure must be removed prior to Final Plat Approval. Finding: Because Parcell contains a structure that is not permitted in the LDR/UF-lO zoning district as a primary use, the following condition of approval is necessary for this application to be in compliance with the SOC. Condition: Remove the structure on Parcell prior to Final Plat Approval. Conditions of Aooroval Primary Conditions The applicant wiU have up to twelve months from the date of this letter to meet any attached conditions or Development ;Code standards and to obtain Partition Plat approval. For partitions within the City's urbanizable area (outside the City limits but within the UGB), the Plat must be submitted to the City's Development Services department (with a separate application form and fee) and to the Lane County Surveyor's office. The application packet requires three blueline copies of the Partition Plat, a title report and any other documents required as may be required as. specified below. Upon signature by the County Surveyor and the Planning Manager, the Partition Plat Mylar may be submitted to Lane County for recordation. No property may be transferred until the Partition Platis recorded. 99-02-042 Page 7 .; , Conditions to, be Met Prior to Finill Plat Approval 1. Dedicate a 5-footwide Public Utility Easement along the west property line of Parcel 2. This dedication may be shown on the Final Plat. 2. Provide certification from the Lane County Sanitarian that a drain field and replacement area may be sited on Parcel 1. 3. Provide documentation proving that adequate right-of-way has been dedicated so that 35 feet of right-of-way exists between the north property line and the centerline of Hayden Bridge Road. Dedication of right~of-way must be on a Lane County form and recorded at Lane County. 4. Show that an Improvement Agreement for the future improvement of Hayden Bridge Road for the entire frontage of the property has been signed and recorded with the Csmnty. The Improvement Agreement must be on a City of Springfield form. The form m6st be signed, notarized and returned to the Development Services Department with a recording fee ($10.00 for the first page and $5.00 for additional pages - checks must be made out to Lane County). 5, Provide evidence that a Consent to Annexation Form, a ,Waiver of Time Limit fo~ Filing ,Statements of Consent, and a Recorded Notice of Agreement have been recorded ~with Lane County. These forms are available at the Development Services Department and tnust be signed, notarized and returned to the Development Services Department with a retording f~e ($lO.OO for the firSt page and $5.00 for additional pages - checks must be made oJt to Lane\'~ . . l ...... County). . ' \ ",' 6. Remove the structure on Parcel L ' Additional Information The application, all documents and, evidence relied upon by the applicant and the applicable criteria of approval are available for a free inspection. Copies will be available at a cost of $0.75 for the first page and $0.25 for each additional page at the Development Services Department, 225 Fifth Street, Springfield, Oregon. ' Aooeal If you wish to appeal Tentative Partition Approval decision, you must do so within 10 days of the date of this letter. Your appeal must be in accordance with the Springfield Development Code, Article 15, APPEALS. Note: Appeals must be submitted on a City form and a fee of$250 must be paid to the City at the time of submittal. The fee will be returned to the appellant if the Planning Commission approves the appeal application. ,Ouestions Please call the Development Services Department at 726-3649 you have questions regarding this process. Pre oared Bv pd~ Colin Stephens Planner 99-02-042 Page 8