HomeMy WebLinkAboutNotice PLANNER 2/12/2009
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Date Received:
AFFIDAVIT OF SERVICE
FES 1 2 2009
Original Submittal N~ of
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STATE OF OREGON)
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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 of DRC-7.008-0DJS4 f1~c!b ~ - fJ~ Jud-
(See attachment "A") on:lj/J .2009 addressed to (see :D-i3tVc-
Attachment B"), by causing said letters to be placed in a U.S. mail box with
postage fully prepaid the reo!".
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SI;F OREGON, County of Lane' ,
\ ~ /::2..- .2009. Personally appeared the above named Karen LaFleur,
Ptogram T hnician, who acknowledged the foregoing instrument to be their voluntary
act Before me:
., OFFICIAL SEAL
" DEYETTF. KELLY
, ; NOTARY PUBLIc. OREGON
COMI,;SSION /'10,420351
MY COMMiSSION EXPIRES AUG, 15.2011
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My Commission Expires: Y; ;IS/If
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Notice of Decision - Partition Tentative Plan
Project Name: DBar/Schulz
Project Proposal: 3 lot partition
Case Number: DRC2008-00054
Project Location: Tax Lot 500 on Lane County Tax Assessor Map 17-02-31-22, formerly
addressed as 1350 28th Street, Springfield, OR 97477,
Property size: 5 acres
Base Zone: HI (Heavy Industrial)
Overlay District: Drinking Water Protection Overlay
Refinement PlanfDesignation: Mid-Springfield Refinement Plan/Heavy Industrial
Pre-Submittal Meeting Date: Jan 20, 2009
Application Submitted Date: December 31, 2009
Decision Issued Date: February 12, 2009
Appeal Deadline Date: February 27, 2009
Other Application(s): none
NAME
Steve Ho kins
Trans ortation Jon Driscoll
P bli W ks C vii En Utilities, Sanitary & Eric Walter
u 'c or i' gineer Storm Sewer
Deputy Fire Marshall Fire and Life Safety Gilbert Gordon
Communi Services Mana er Buildin Dave Puent
APPLICANtiS'QEVELbpMENT'REViEWri:AM;;";j,!\~;i':.~;;"'!;)r;':l;J':.l.F>Z:.g...:\i;.....~
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Owner: Representative:
Dana Schulz Stacy Salladay
D-Bar and Co Branch Engineering
790 37th St 310 5th St
S rin field OR 97477 's rin 'eld OR 97477
PHONE
726-3649
726-3679
726-2293
726-3668
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D-BarISchu/z
Case No. DRGOOB-00054
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Site:
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Summary of proposal:
A three lot partition of a 5-acre site developed with mini-storage buildings. There are no
changes to the buildings, the access from 30th street, or the drainage system.
The applicant has proposed to use the existing railroad crossing on the west property line as a
secondary access, but has not submitted an easement or other evidence that demonstrates the
railroad company has granted the land owner a right to cross the rail road. Based on research
by the city surveyor, that access point is recognized as a farm crossing. The note on the tax inap
says: "44+65 Farm Xing 2-16' Gates". No other evidence was submitted that identifies the
width or the purpose of the crossing. The proposed secondary access would connect to 28th
Street, which is classified as a minor arterial. The Fire Dept has indicated this access is needed
to meet the desired response time to this site.
In accordance with SDC4.2-120(B), driveway access to collector and arterial streets is
discouraged. Driveway access to arterial and collector streets may be permitted if no reasonable
alternative street access exists. Since this site already has access to 30th Street, that provision is
. not applicable.
D-BorlSchulz
Case No. DRClOO8-00054
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No evidence was submitted that demonstrates the applicant is allowed to-alter the existing
railroad crossing to serve the industrial development. Therefore, the existing crossing must
remain as an emergency access point only. The Springfield Fire Dept. has requested a Public
Works lock on this gate, which must be supplied prior to approval of the plat.
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 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 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,
the Tentative Plan Criteria of Approval, SDC 5.12-125, and the Land Division Standards of
Article 5.12-100.
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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 application (SDC Sections 5.1-130 and 5.2-115). The applicant
ahd 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 January 6, 2009.
. On January 20, 2009, 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 43'd day of the 120 days mandated by the
state.
. 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 decision. The Final Plat
otherwise shall.be in substantial conformity 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.
D-BarlSchu/z
Case No. DRC100B-00054
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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 sh~ill 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 (:riterion 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 property is zoned HI (Heavy Industrial) and the minimum lot size in this
zone is 10,000 sf. An irrevocable access easement grants the parcels access to 30th Street.
The existing buildings meet the setbacks from the new property lines.
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 property is zoned HI (Heavy Industrial). It is designated Heavy Industrial
by the Metro Plan and Light-Medium Industrial by the Mid-Springfield Refinement
Plan.
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Finding: The property is zoned HI (Heavy Industrial).
Conclusion: The proposal complies with SDC 5.12-125(B).
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: The sanitary sewer system for this entire site has been reviewed and approved
under Site Plan Application DRC2006-00082. Since there are no changes to the existing
approved system, no further conditions will be needed regarding sanitary sewer.
STORMWATER MANAGEMENT
Finding: The storm sewer system for this entire site has been reviewed and approved
under Site Plan Application DRC2006-00082. Since there are no changes to the existing
approved system, no further conditions will be needed regarding storm water.
PUBLIC STREETS, SInEW ALKS & IMPROVEMENT AGREEMENTS
Finding: The public street and infrastructure needs for this site has been reviewed and
approved under Site.Plan Application DRC2006-00082 and Public Improvement Permit
D-BarlSchulz
Case Na. DROOOB-00054
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(PIP #P30531). Since there are no changes to the existing approved site plan and PIP, no
further conditions will be needed regarding public streets.
UTILITIES, EASEMENTS AND RIGHfS OF WAY
Finding: The applicant has proposed a variable width irrevocable joint use private access
and utility easement over parcell and 3 for the benefit of all parcels. A 5' private storm
water utility easement is being proposed over parcel 2 for the benefit of parcels 1 and 3.
The applicant has proposed a private drainage easement on the South end of Parcel 3
and a portion of Parcell for the benefit of all properties for a vegetative treatment swale.
Applicant has indicated that a maintenance plan for the treatment swale and joint use
driveway will be submitted with the final plat.
Condition of Approval #1: Submit a COpy of the recorded easement documents for all
easements shown on the partition plan under this application. In addition, submit a
maintenance plan for the common use treatment swale and for the joint use driveway
serving all parcels. . This maintenance plan must be approved bv the City Engineer prior
to approval of the plat.
Conclusion: The proposal complies with SDC 5.12-125(C).
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: According to the comments from the Springfield Fire Department, the water
supply is adequate.
Finding: The applicant has proposed to use the existing railroad crossing on the west
property line as a secondary access, but has not submitted an easement or other
evidence that demonstrates the railroad company has granted the land owner a right to
cross the rail road. 'Based on research by the dty surveyor, that access point is
recognized as a farm crossing. The note on the tax map says: "44+65 Farm Xing 2-16'
Gates". No other evidence was found that identifies the width or the purpose of the
crossing. The proposed secondary access would connect to 28th Street, which is
classified as a minor arterial. The Fire Dept has indicated this access is needed to meet
the desired response time to this site.
Finding: In accordance with SDC4.2-120(B), driveway access to collector and arterial
streets is discouraged. Driveway access to arterial and collector streets may be
permitted if no reasonable alternative street access exists. That is not applicable for this
site since the site has access to 30th street, a collector street.
Finding: No evidence was submitted that demonstrates the applicant is allowed to alter
the existing railroad crossing to serve the industrial development. Therefore, the existing
crossing must remain as an emergency access point only, it is not a secondary access
point.
Finding: The Fire Dept, Public Works Dept. and Springfield Utility Board need to have
access to the site in the event of an emergency. SUB and the PW Dept have requested a
. O-BarlSchu/z
Case No. DRGOOB-00054
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public works lock and a SUB lock on the manual gate. The Fire Dept has requested a
Knox keyed gate switch on the electric gate fronting 30th Street. The manual gate must
contain the requested locks in order to restrict this access to emergency vehicles only.
The manual gate and locks must be in place prior to approval of the final plat.
Condition of Approval #2: Provide a public works lock and a SUB lock on the west side
manual gate and a Knox keyed gate switch on the electric S';ate fronting 30th Street. The
manual gate and locks shall be installed prior to approval of the final plat.
Finding: The comments from SUB indicate the newly installed electric facilities (pole,
anchor, junction box, underground and overhead lines) are not accurately shown on the
site plan drawing and must be located within the easement. .
Condition of Approval #3: All electric facilities located towards the NW comer of parcel
1 must be within the easement. Either move the facilities or modify the easement.
Conclusion: As conditioned, 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; significant clusters of trees
and shrubs; watercourses shown on the WQLW Map and their associated riparian areas;
wetlands; rock outcroppings; open spaces; and areas of historic 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 proteded as specified in this Code or in State or Federal law.
Finding: The driveway to 30th Street crosses a regulated wetland. The Army Corps of
Engineers issued a fill permit (NWP-2006-841) for this crossing. A copy of the permit
was submitted with this land use application. No change is proposed to the driveway.
Finding: The subject site is within the 10 Year Time of Travel Zone (fOTZ) from the
Maia Drinking Water Wellhead. A Drinking Water Protection Overlay application was
approved (DRC2006-00082). A new application is not required.
Finding: The site abuts the 30th Street section of the Q Street Flood Channel. The
waterway is a Tributary to a Water Quality Limited Waterway (WQLW) as shown on
the City WQL W Map. Although a riparian setback of 50 feet is required, an exception
was granted in DRC2006-00081 that allowed a setback of 35 feet in consideration of
additional landscaping and increased pervious area that more accurately resembled the
natural riparian area.
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 manag,ement standards for State highways.
Finding: There is a proposed emergency access point along the western property
boundary that crosses a railroad right-of-way. There is an easement from 28th street to
D-BarlSchulz
Case No. DRClOOIM0054
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the railroad, but no easement has been submitted or found that allows a crossing of that
railroad right-of-way.
Conclusion: 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 entire area under common ownership is being developed.
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.
Finding: The Conceptual Street Map shows an extension of 30th Street along the eastern
boundary of the site. This partition will not conflict with that plan.
Conclusion: The proposal complies with SDC 5.12-125(H).
I. Where the Partition of property that is outside of the city limits but within the City's
urbanizable area and no concurrent annexation application is submitted, the
standards specified below.shall also apply.
Finding: The entire property 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:
Finding: This' is not a subdivision of a manufactured dwelling park.
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 5.12-125IAI-m. subject to the Conditions of Approval attached
to this report.
What Needs To Be Done?
SDC 5.12-140 states: The subdivision Plat pre-submittal meeting shall be held within 2 years
of the date of Tentative Plan approval (the date of this letter). The molars 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 approval shall become null
and void and re-submittal of the Tentative Plan shall be required.
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
D-Bar/Schu/z
Case No. DRQOOB-00054
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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 Surveyor.
Unless otherwise noted, all conditions must be met prior to approval of the final plat:
Condition #1: Submit a coPy of the recorded easement documents for all easements
shown on the partition plan under this application. In addition, submit a maintenance
plan for the common use treatment swale and for the ioint use driveway serving all
parcels. This maintenance plan must be approved by the City Engineer prior to
approval of the plat.
Condition #2: Provide a public works lock and a SUB lock on the west side manual gate
and a Knox keyed gate switch on the electric gate fronting 30th Street. The manual gate
and locks shall be installed prior to approval of the final plat.
Condition #3: All electric facilities located towards the NW comer of parcel 1 must be
. within the easement. Either move the facilities or modify the easement.
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,
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Oregon.
Appeal: This Type II Tentative Partition 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 is-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 February 27, 2009.
D-BarlSchulz
Case No. DRGOOB-00054
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Questions: Please call Steve Hopkins in the Plarming Division of the Development Services
Department at (541) 726-3649 if you have any questions regarding this process.
Prepared by:
Steve Hopkins, AICP
Planner II
Development Services - Urban Plarming Division
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0-8ar/Schu/z
Case No, DRC100B-00054
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DEVELOPMENT SERVICES
PLANNING DEPARTMENT
225 FIFTH STREET
SPRINGFIELD, OR 97477
Dana Schulz
D-Bar and Co
790 37th Street
Springfield, OR 97477
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DEVELOPMENT SERVICES ~
PLANNING DEPARTMENT
225 FIFTH STREET
SPRINGFIELD, OR 97477
Stacy Salladay
Branch Engineering
310 Fifth Street
Springfield, OR 97477
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