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HomeMy WebLinkAboutNotice PLANNER 5/26/2010 . . ~~ RECEIVED AFFIDAVIT OF SERVICE MAY 26 2010 STATE OF OREGON) )ss. County of Lane ) y:~f!;iL$~ I () q f~ . I, Karen LaFleur, being first duly sworn, do hereby depose and say r follows: 1. I state that I am a Program Technician for the Planning Division of the Development Services Department, City of Springfield, O~egon. 2. I state that in my capacity as, Program Technician, I preplred and caused to be . mailed copies of~Ub-1...Dlh- ~ ~{f(1'" Ii' 7'vJ; If/~ - PtUd. ~ - mc~ (See attachment "A") on l' . 010 addressed to (see , Attachment B"), by causing said letters to be placed i~ a U.S. mail box with postage fully prepaid thereon. ~Li\~~ STATE OF OREGON, County of Lane " 2010. Personally appeared the above named Karen LaFleur, Program echnician, who acknowledged the foregoing instrumeht to be their voluntary act. Before me: ., OFFICIAL SEAL DEVETTE KELLY NOTARY PUBliC-OREGON COMMISSION NO. 420351 MY COMMISSION EXPIRES AUG. 15, 2011 );y~iflJjJfri My Commission EXPires! '? /;S-/ II I I . . Notice of Decision - Partition Tentative Plan . Project Name: McKinney Project Proposal: divide one lot into two parcels Case Number: SUB2010-00002 Project Location: 6595 Main Street Map and Tax lot: 17-02-34-44 TL 1200 Property size: 17,800 sf Base Zone: MDR (Medium Density Residential) Overlay District(s): Metro Plan Designation: Low Density Residential Refinement PlanfDesignation: Pre-Submittal Meeting Date: April 2, 2010 Application Submitted Date: April 8, 2010 Decision Issued Date: May 26, 2010 Appeal Deadline Date: June 10, 2010 Other Application(s): DRC2005-00007 (four-plex, two duplexes); SUB2008-00016 (partition). , CITY OF SPRINGFIELD DEVELOPMENl REVI!':WTJ?AM POSITION REVlEW OF Project Manager Plannlng Transportation Utilities, Sanitary & Storm Sewer Public Works Deputy Fire Marshall Fire and Life Safety '1\PPLICANr'SDEVELOPMENT,REVIEW ,'. . :" _" ""',"'-"~',,.,"' 'c ;~""., '" ,:" :~j. < .": "-'... .;.y;" '''-'" . '-"';"h)$,;:',;. .c"'!;, '.,,,,. '" '. ""\1' Owner/Applicant: Andrea McKinney, Trustee Shalace MB Arnor Trust, UA 6/28/02 PO Box 1352 Springfield OR 97477 Representative: Renee Gough Branch Engineering 310 Fifth Street Springfield OR 97477 McKinney Case Na. SUB20 I 0-00002 I NAME I I Steve Hopkins I I Jon Driscoll I Gilbeh Gordon I I ',' PHONE 726-3649 726-3679 726-2293 Site: McKinney . . f Case Na. SUB20 I 0-00002 2 . . I Summary of proposal: The property has been divided into 3 parcels (5002008-00016). All parcels are identified with a single tax parcel number (1200). This applitation will further divide Parcell, which is most northern of the thr~e parcels. I The northern half of tax lot 1200 has a delineated wetland, as well as a single-family detached I . house, a four-plex, and two duplexes, all of which take access from a driveway off Main Street. These existing structure and associated site development, including thelrequired recreation area, were approved in Site Plan Review case No. DRC 2005-00007. There are also two rights- of-way that have been reserved for future dedication: Aster Street on th~ northern half of the property, and Dogwood Street on the southern half of the property. Th~ property is encumbered by a deed restriction prohibiting future development beyohd the existing development until such a time as one or both of the rights of way are cdnstructed and provide location street access to the southern half of the property. 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 specifitally noted with findings and conditions necessary for compliance. The Final Plat must confor~ 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 documJnt carefully. Other Uses Authorized by the Decision: None. Future development Jill 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, the Tentative Plan Criteria of Approval, SDC 5.12-125, and the Lan~ Division Standards of Article 5.12-100. Procedural Findings: . Applications for Limited Land Use Decisions require the notification of property owners/ occupants within 300 feet of the subject property I allowing for a 14 day comment period on the application (SDC Sections 5:1-130 and 5.2-115). The applicant and parties submitting written comments during the notice pbriod have appeal rights and are mailed a copy of this decision for consideration. I . Notice was sent to adjacent property owners/occupants within 300 feet of the subject site on April 14, 2010. I . On April 27, 2010, the City's Development Review Committe~ 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 <If Approval contained in SDC 5.12-125. This decision was issued on the 48th day of the 120 days mandated by the state. I . 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 Idecision. The Final Plat McKinney Case No. SUB20 I 0-00002 3 . . otherwise shall be in substantial conformance 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: The applicant and parties submitting written comments during the notice period have appeal rights and are mailed a copy of this decision for consideration. No 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: The proposed parcels comply with the dimensional standards of the MDR (Medium Density Residential) Zone. Parcell contains 8400 sf with 84 feet of frontage to Main Street. Parcel 2 contains 9400 sf. In accordance with SDC 3.2-220(B), access is by an irrevocable access easement. Finding: SDC 3.2-220 A.4. states that no more than four lots/ parcels or eight dwelling units shall take primary access from one multiple panhandle driveway. The proposed land division would result in the nine existing dwelling units taking primary access from a multiple panhandle driveway. However, given that the driveway was approved to serve nine dwelling units as part of Site Plan Review Case No. DRC2005-00007 and the panhandle standards are only being triggered due to the division of the existing developed land, SDC 3.2-220(A)(4) will not be applied to the subject land division. Conclusion: The proposal complies with SDC 5.12-125(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 Metro Plan designates this area as Medium Density Residential and the site is zoned MDR. Finding: This proposal will place the existing dwelling and four-plex on separate lots. The proposal will not alter the existing density. Conclusion: The proposal complies with SDC 5.12-125(B). McKinney Case No. SUB20 I 0-00002 4 . . C. Capacity requirements of public and private facilities, including but not limited to, water and electricity; sanitary sewer and stormwater managem1ent facilities; and streets and traffic safety controls shall not be exceeded and the publif 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 Wotks Director or a utility provider shall determine capacity issues. Transportation System Impacts Finding: Abutting the subject site to the north, Main Street (a major arterial) is a 66-foot wide, five-lane street within 80 feet of right of way. The street isl,fully improved with curb/ gutter, sidewalks and metal halide street lighting. Averagk daily traffic along this street is estimated to be 20,000 vehicle trips per day. I ' Finding: Existing off-site transportation facilities would be adequate to accommodate additional trips that would be generated by the proposed development. Finding: Sanitary sewer is already approved and installed unde~ previous applications and permits; therefore, sanitary sewer service requirements are ket. Finding: Storm water management systems have already been Jpproved and installed under previous applications and permits; therefore, storm water requirements are met. I Conclusion: As conditioned, the proposal complies with SDC 5.'l2-125(C). D. The proposed land division shall comply with all applicable public and private design and construction standards contained in this Cod~ and other applicable regulations. I Finding: SDC Section 4.3-125 requires all utility lines to be placed underground, I including those lines serving existing dwellings. Overhead utilities for the parcel that contains the existing single family dwelling will be placed unde~ground when that parcel is redeveloped. The other parcel is currently served withl underground utilities. Finding: Section 4.3-140.A of the SDC requires applicants prop~Sing developments make arrangements with the City and each utility provider for the dedication of utility easements necessary to fully service the development or land bJyond the development area. The minimum width for public utility easements adjacent1to street rights of ways shall be 7 feet. The minimum width for all other public utility e~sements shall be 7 feet. The plans submitted show compliance with this requirement. Conclusion: 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; sibtificant clusters of trees and shrubs; watercourses shown on the WQLW Map and theirlassociated riparian areas; wetlands; rock outcroppings; open spaces; and areas of histqric and/or 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. McKinney Cose No. SU820 I 0-00002 5 . . Finding: The Natural Resources Study, the National Wetlands Inventory, the Springfield Wetland Inventory Map, and the list of Historic Landmark Sites were consulted. No historic or cultural resources have been identified on this site. Finding: The Metro Plan and any applicable refinement plans, Water Quality Limited Watercourses Map, State Designated Wetlands Map, Hydric Soils Map, Natural Resources Map, Wellhead Protection Zone Map, FEMA Maps, Willamalane Park and Recreation Comprehensive Plan, and the list of Historic Landmark sites have been consulted, and there are features needing to be protected or preserved on the subject property. Finding: A wetland was delineated and Department of State Lands (DSL) permits were obtained for the subject property as part of Site Plan Case No. DRC2005-00007. The wetland, identified as M3 and not locally significant on the City's Local Wetland Inventory, is located on the northern half of the property, south of the southernmost existing dwelling units. Since the subject application involves only land division and no actual structural development, no additional protection of the wetland is required at this time beyond that which was previously required at the time of Site Plan Review. Conclusion: 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 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 management standards for State highways. Finding: As per SDC 4.2-130, vision clearance triangles (shaped with 10 feet triangle "legs" as shown in SDC Table 4.2-A) at the comers of.all site driveways must be maintained, keeping all obstacles out of the area between 2.5 and 8 feet above the established height of curb. Finding: Transportation made a sight visit on April 26, 2010, and found a large address sign in the vision clearance triangle. Condition: Prior to approval of the plat, move the address sign as well as any other trees, on-site vegetation, and/ or other obstacles to vision to maintain adequate vision clearance triangles at the comers of the driveway per SDC 4.2-130. Conclusion: As conditioned, 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 remainder of the property contains wetlands and significant slopes. These constraints significantly diminish the development opportunity on the remainder of the property . Finding: No evidence has been presented that the proposed partition will not preclude further development of the property. McKinney Case No. SUB20 I 0-00002 6 . . Conclusion: The proposal complies with SDC 5.12-125(G). H. Adjacent land can be developed or is provided access that will allow its development as specified in this Code. , I Finding: The surrounding properties are developed with single family dwellings. The proposed partition will not preclude further development of adj~cent properties. Conclusion: The proposal complies with SDC 5.12-125(H). I. Where the Partition of property that is outside of the city limi,ts but within the City's urbanizable area and no concurrent annexation application is submitted, the standards specified below shall also apply. Finding: The site is inside 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: I Finding: This is not a subdivision of a manufactured home parkl. Conclusion: The proposal complies with SDC 5.12-1250). DETERMINATION: Based on the evidence in the record, the Director determines the proposal complies with SDC 5.12-125(A)-(J), subiect to the Conditiorts of Approval attached to this report. I What Needs To Be Done? I SDC 5.12-140 states: The subdivision Plat pre-submittal meeting shall be held within 1 year of the date of Tentative Plan approval (the date of this letter). The m~lars 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 app~oval shall become null and void and re-submittal of the Tentative Plan shall be. required. I 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 t1l.e 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 Partition is returned to the City Surv~yor. Summary of Conditions of Approval I Condition: Prior to approval of the plat, move the address Si~ as well as any other trees, on-site vegetation, and/ or other obstacles to vision to maintain adequate vision clearance triangles at the comers of the driveway per SDC 4.2-130. McKinney Case No. SUB2010-00002 7 . . . . 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 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 June 10, 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: 5~ Steve Hopkins, AICP Planner II Development Services - Urban Planning Division McKinney Case No. SUB2010-00002 8 f . ... .. , , ,. DEVELOPMENT SERVICES PLANNING DEPARTMENT 225 FIFTH STREET SPRINGFIELD, OR 97477 > SPR'NG""D~ ~-t;J:I"'[~'.']:/~ , DEVELOPMENT SERVICES ~ ~ PLANNING DEPARTMENT 225 FIFTH STREET SPRINGFIELD, OR 97477 . Andrea McKinney, Trustee Shalace ME Arnor Trust, UA 6/28/02 PO BOx 1352 Springfield. OR 97477 Renee Clough Branch Engineering 310 Fifth Street I Springfield, OR 974777