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HomeMy WebLinkAboutNotice PLANNER 2/12/2009 " . . ~ Date Received: AFFIDAVIT OF SERVICE FES 1 2 2009 Original Submittal N~ of UeCuu.6n Iz>+ 11~ 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 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!". ~~EU~flJ~ 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 lYtf JJr; J0-!Aj) My Commission Expires: Y; ;IS/If '\ OJ' . . , ! 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;.....~ ",-';,,' ", -;'H "' ,-." '..<......-. ..,...."',.,..'.,._ :, .~'.~, .->,,_.. -...;..., """ -,:_ ,.,. ,_.','.' "_' _"'_', ",,,,...~,"':..T, ";)""_' ,j"i"" ". ":"f' _._.~ ",5 ~."":_'~::"'~'''__''_ 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 , D-BarISchu/z Case No. DRGOOB-00054 . Site: . IaI Rivers . Local Wetlands Inventory eVES N ~~d W+E Dbar. shp LoUax_spr.s~ 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 2 . . 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. < 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 3 . . 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. ( 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 4 ". . . (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 5 . . .~ 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 6 '. " . . , . 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 7 . .. , ." 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, ( 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 8 " "; . . ,I 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 < 0-8ar/Schu/z Case No, DRC100B-00054 9 0'_' . DEVELOPMENT SERVICES PLANNING DEPARTMENT 225 FIFTH STREET SPRINGFIELD, OR 97477 Dana Schulz D-Bar and Co 790 37th Street Springfield, OR 97477 S"R'NG"'CD~ raiiE)"j;J;l/i'[~;;I::fIf']l,f'J;I:[~'Ji'~ DEVELOPMENT SERVICES ~ PLANNING DEPARTMENT 225 FIFTH STREET SPRINGFIELD, OR 97477 Stacy Salladay Branch Engineering 310 Fifth Street Springfield, OR 97477 0:;./""'"