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Home My WebLink AboutNotice PLANNER 9/8/2010 J I . . ~ RECEIVED - . SEP -8 2010 AFFIDAVIT OF SERVICE By:'1l~ JD~-~ I o~ ?f~ 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 Technician, I prepared and caused to be - mailed copies ot5ue,'Zo/D-OoO/O b~~ ~ - P/JJd:i..b.PL~ (See attachment nAn) on q J 9 2010 addressed to (see cX~ ~ Attachment Bn), by causing said letters to be placed in a U.S. mail box with postage fully prepaid thereon. 4~~~~ KA EN LaFLEUR STATE OF OREGON, County of Lane ~~ g. 2010. Personally appeared the above named Karen LaFleur, Program Technician, who acknowledged the foregoing - instrument to be their voluntary act Before me: . OFFICIAL SEAl DEVETTE KELLY NOTARY PUBLIC. OREGON COMMISSION NO, 420381 MY COMMISSION EXPIRES AUG, 15,2011 ~ kilo/" My Commission Expires: 'X I ({'"! II . < . . . I NOTICE OF DECISION-PARTITION TENTATIVE PLAN SP~I;. G. :E~ ~~ ~OREGON Project Name: Liberty partition Project Proposal: Divide one lot into two parcels Case Number: SUB2010-00010 Project Location: 4750 Daisy, Tract A of Westwind Estates Maplot: 17-02-32-00-02200 Property size: 5.75 acres Base Zones: Low density Residential and Community Commercial Overlay District: none Refinement PlanfDesignation: East Main Refinement Plan/ Low Density Residential & Mixed Use Area #2. Pre-Submittal Meeting Date: July 9, 2010 Application Submitted Date: July 22, 2010 Decision Issued Date: September 8, 2010 Appeal Deadline Date: September 23, 2010 Other Application(s): none CITY OF SPRINGFIELD DEVELOPMENT REVIEW TEAM ;. POSITION REVIEW OF NAME PHONE Proiect Manager Planning Steve Hopkins 726-3649 Transportation Planning Engineer Transportation Jesse Jones 726-3720 Public Works Civil Engineer Utilities, Sanitary & Clayton 736-1036 Storm Sewer Mceachern DepUtY Fire Marshall Fire and Life Safety Gilbert Gordon 726-2293 CommunitY Services Manager Building Dave Puent 726-3668 , .. .. ''0' '.' .. -.' ,.... "'.... .,"-', - ", -r,' " '. - ~,.~.,'''',..~.~.,"'~. >...., -.",,-, .,., ',' -,,, ~.. ; ,; "'_ A: ''''''''''--<1W'''' ','....'._..1._" .., ~f--~ "<~'" :j;"1;t:"...,vj, .. ~"'fr:.' ""t>;,-~- .. -'-,., "''' -'....~ ., APPLICANT'S DEVELOPMENT. REVIEW' TEAM: !f!f:,>i:. CO".;i,i/{':!'ii,:f.;~';';; jt~~:~"i;t.,,\"!;.~ :',:'It';;:'''%'.. :.: ... " -, -'." ,.",,,"." .,. - t.. _ ,..-... .." ..~,,. ''', .~.,'." .". .".",,' ",~.".....".,",i ~ .~. _,".. "', _, '," "_ " '_"..~ __",','-', 0"'''''...''' ''':if'''''- .. ",.~.c .~, ,.\lJI~.,> "~,,,""'-.-"".' _,,,,..:.,~1~' . '_,1.,4'- _. t;.1", '~'F'3G,t _ ,_._.. . ~~> ,,' Applicant: Representative: Lanq owner: Liberty Bank Michael Reeder Hayden Homes 355 Goodpasture Island Rd 800 Willamette St, Suite 800 2622 Glacier Place, Suite 110 Eugene OR 97401 Eugene OR 97401 Redmond OR 97756 Uberty partidan Case Na. SUB20 10:-000 1 0 Page 1 af 6 . . ~ Site: - llllUI-Ll ~ r- Liberty Partition SUB2010-00010 ~ r- - If- Subject prope~ -'--- I ~k -- rilll 1\ x~ 1- K I "- il / \ \ I ~- -Ir- J, \ \0,.,\_ 111.11 N \ r.h,,- \" - f-rlf= ~l ~ I I I L ~ --1 I I I I I I I I I I /f- Illllf--~/1 JI-- =\ .1- AI II I I / l- I )A \= ' I I ,l H I :T i'--.~ '\. III II (I I I 1'1,)..1; H 1-: .~~' L~ II (~II f- = ~.-G,\ - - ;,^~~ 11I1 - ~~0 ~~1I11 ~~~~ I - '\ J; o - L..lJ "-<\ ..1 '--,-J II I - :;::: .L J=~ .tlr 1--11[- I ~ -.I I I I I ) /' -t I [ \-( / _L D tax parcels N /\I Sewer lines A C]site \ I1II Summary of proposal: Divide one lot into two parcels. The site is Tract A of Westwind Estates. It contains two zoning districts, and the proposal is to divide the tract at the zoning boundary. 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 app:roval are listed herein and are satisfied by.the submitted plans and notes unless specifically noted with findings and conditions necessary for compliance. 1ne 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 carefuUy. 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 the Type II procedure listed in SDC 5.1~130 and the Tentative Plan Criteria in SDC 5.17~125. Uberty panman 'Case No. SUB20 I 0-000 I 0 Page 2 0(6 . . . . I ; J Procedural Findings: . 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 applications (SDC Sections 5.1-130 and 5.2-115). The applicant and parties submitting written cofnments during the notice period have appeal rights I 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 July 28, 2010. . On August 10, 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 Tentative Plan Criteria of Approval contained in SDC 5.12-125. This decision was issued on the 63,d day of the 120 days mandated by the state. . In accordance with SDC5.12-145, !he Final Plat shall comply with the requirements of the SDC and the conditions imposed by the Director in this decision. The Final Plat otherwise shall be in substantial cqnformity with the tentative plan reviewed. Portions of the proposal approved as submitted during tentative review cannot be substantively changed during Final Plat approval. Comments Received: No written comments were received. SDC 5.12-125 Tentative Plan Criteria The Director shall approve or approve with conditions a Tentative Plan 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 any 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: Parcell is zoned CC and contains 105' of frontage to Main street. Finding: Parcel 2 is zoned LDR and contains more than 6000sf, and has 153' of frontage to Daisy street. B. The zoning is consistent with the Metro Plan diagram and/or applicable Refinement Plan diagram, Plan District map, and Conceptual Development Plan. Finding: During the tentative review of Westwind Estates, Tract A was not intended to be developed due to the presence of wetlands and the multiple zoning districts. Nothing in the Westwind plat precludes development of this tract. Liberty partition Case No. SUB20 I 0-000 I 0 Page 3 0(6 . . . . \ Finding: The current owner intends to divide the property along the zone boundary in order to make the property more marketable. C. Capacity requirements of public and private facilities, 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. SANITARY SEWER Finding: Section 4.3-l05.A of the SDC requires that sanitary sewers shall be installed to serve each new development and to connect developments to existing mains. Finding: Development is not proposed at this time; however sanitary sewer service must be available and extended to each of the two parcels. There is an existing 24" SanitaIY sewer main located in Main St. and records indicate there is a lateral presently extended to Parcell. There is a sewer line on the south side of Daisy Street. It will need to be extended to Parcel 2. Condition: Prior to approval of the Final Plat, sanitary sewer service shall be extended to each parceL STORMWATER MANAGEMENT Finding: Section 4.3-110.B of the SDC requires that the Approval Authority shall grant development approval only where adequate public and/ or private stormwater management systems provisions have been made as detennined by the Public Works Director, consistent with the Engineering Design Standards and Procedures Manual. Finding: Section 4.3-110.D of the SDC requires that run-off from a development shall be directed to an approved stormwater management system with sufficient capacity. Finding: The storm pipe in Main Street does not have additional capacity available and all increase in runoff from the site would need to be mitigated on-site. WATEROUALITY Finding: Prior to development on the parcels, a storm water analysis should be submitted showing how water quality requirements will be met. Plans shall include the proposed location of the water quality facilities. The applicant intends to retain or detain all future stormwater generated in the commercial zone on that lot and not dispose or convey onto or across the residenfuillot. 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: Section 4.3-l40.A of the SDC requires a 7' wide public utility easement adjacent to street rights of way. Condition: On the Final Plat, include a 7' wide public utility easement along the Main Street and Daisv Street frontages. 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 shrubs; watercourses shown on the WQL W Map and their associated riparian areas; other Uberty partition Case No. SUB20 I 0-000 I 0 Page 4 0(6 . . . . ... ,~ :~ riparian areas and wetlands specified in Section 4.3-117; rock outcroppings; open spaces; and areas of historic ancVor 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 as specified in this Code or in State or Federal law. . Finding: As evidenced by the local wetland inventory and the wetland-study submitted by the applicant, Tract A contains wetlands that are not locally significant. . Finding: A survey of existing conditions associated with the extension of 48th Street was submitted with this application. That survey included wetland mapping. That mapping shows there is buildable area on both proposed parcels. No development is proposed beyond this land division. Prior to development of these parcels, a wetland delineation will be required. Condition: Prior to development of these parcels. a wetland delineation will be required. 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 activity centers, and commercial, industrial and public areas; minimize driveways on arterial and collector streets as specified in this Code or other applicable regulations and comply with the ODOT access managemel).t standards for State highways. Finding: ODOT controls access to Main Street and an access permit has been submitted to ODOT. A copy of the approved permit will be required prior to approval of the final plat. Condition of approval: Prior to approval of the final plat. submit a copy of the approved ODOT access permit. G. Development of any remainder of the property under the same ownership can be accomplished as specified in this Code. Finding: All property under the same ownership is being divided. H. Adjacent land can be developed or is provided access that will allow its development as specified in this Code. Finding: The surrounding properties are developed. DETERMINATION: Based on the evidence in the record. the Director determines the proposal complies with SDC 5.12-125(AI-m. subject to the Conditions of Approval attached to this report. What Needs To Be Done? SDC 5.12-140 states: The partition Plat pre-submittal meeting shall be held within 1 year of the date of Tentative Plan approval (the date of this letter). The Final Plat application, including mylars and the application fee shall be submitted within 180 days of the pre- submittal meeting. If the applicant has not submitted the Final Plat application within these times, Tentative Plan approval shall become null and void and re-srlbmittal of the Tentative Plan shall be required. Uberty partition Case No. SUB20 I (MOO I 0 PageS 0(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 required through this decision. Upon signature by the City Surveyor and the Planning Manager, the Plat mylar may be submitted to Lane County for recordation. No individual lots may be transferred until the Plat is recorded and the mylar copy of the filed land division is returned to the City Surveyor. Summary of Conditions of Approval 1. On the final plat, include a 7' wide public utility easement along the Main Street and Daisy Street frontages. 2. Prior to approval of the final plat, sanitary sewer service shall be extended to each parceL 3. Prior to development of these parcels, a wetland delineation will be required. 4. Prior to approval of the final plat, submit a copy of the approved ODOT access permit. 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 decision may be appealed to the Planning Conunission. 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 5.3-1l5(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 September 23, 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: b-CJ//l- Steve Hopkins, AlCP Planner II Development Services - Urban Planning Division Uberty partition Case No. 5U8201 0-0001 0 Page 6 0(6 U~V~L.U"'IV1~/VI ::il::HVI(;l::::i PLANNING DEPARTMENT 225 FIFi'H STREET StRINGFIELD, OR 97477 '>lIlY ..... . . Liberty Bank 355 Goodpasture Island Road Eugene, OR 97401 _..,._--~--.-_.._--- DEVELOPMENT SERVICES PLANNING DEPARTMENT 225 FIFTH STREET SPRINGFIELD, OR 97477 iii:: -~- Michael Reeder 800 Willamette Street, Suite 800 Eugene, OR 97401 DEVELOPMENT SERVICES PLANNING DEPARTMENT 225 FIFTH STREET SPRINGFIELD, OR 97477 ~~"lliIl Hayden Homes 2622 Glacier Redmond, OR Place, Suite 110 97756 b