HomeMy WebLinkAboutPermit Miscellaneous 1999-8-12
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225 FIFTH STREET
SPRINGFIELD, OR 97477
(541) 726-3753
FAX (541) 726-3689 '
Notice of Decision - Limited Land Use - Partition
Journal Number
99-06-157
Date of Letter
August 12; 1999
Prooertv Owner
Boyd and Vildia Brumley
4689 Bluebelle Way ,
Springfield, OR 97478
,Survevor
Rex Betz
Branch Engineering, Inc.
310 5th Street
Springfield, OR 97477
Exolanation of the Nature of the Aoolication
The applicants have submitted a request to the City of Springfield to partition one lot into three
parcels.
Location of the Prooertv
The property is located inside the City Limits at 4689 Bluebelle Way~ south of Main Street, west'
of 47th Street. The site is also described as Tax Lot 5500 on Assessor's Map 17-02-32-43.
Decision
Tentative Partition Approval, with conditions, as ofthe date of this letter. '
Other Uses Authorized bv this letter
None
Bac~round/Site Information .
The site is approximately 21,700 square feet in size and is relatively flat. It is developed with one
single-family dwelling located in the north portion of the development area. Parcell contains the
existing re,sidential unit. Parcels 2 and 3 are located behind Parcel 1 and are accessed via a 26-
foot wide private ingress/egress easement. '
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. One written comment was received: '
Nan L. Harrison
6897 Forsythia
~'I have two comments regarding the partition proposal of 4689 Bluebelle Way, oWlJers Boyd and
fu~&~~ '
First I would like the new driveway and access to the new lots use the 'existing access on the west,
side of the Brumley house. Asyou know, Bluebelle Way is an unimproved street. It just seems to
make more sense to use the existing driveway than adding another driveway to this small street. '
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Second, the surveyor '$ drawing shows the fence is not exactly on the property line. This fence
was moved and rebuilt in July 1997. . This was done at the Brumley's insistence and placed
exactlv where they wanted it. They refused to participate in the costs. If there is any need to
relocate any part of the fence, it shollld not be at our expense." -' ' ,
Staff Resnonse
1. Public Works Traffic Division staffha"e det~rmined that allowing the development area to
have two separate driveways, as proposed, will not be detrimental to pedestrian or vehicular
safety, nor will it impact the flow of traffic on Bluebelle Way. As a condition of approval for
this partition, the applicants are required to enter into. an Improvement Agreement that will
ensure that the frontage 'of their property will eventually be fully improved to urban standards
and guarantees that safety and traffic flow concerns will continue to be addressed.
2. Because the existing fence does llot accurately represent the east property line of the
development area, the County Surveyor will not allow the Final Plat to be recorded until there
is a resolution of the property line discrepancy., In order to avoid any delays and uncertainties
in this particular land division, the resolution of the fence issue shall be a condition of Final
Plat Approval. Please refer to the Lot Size and Dimensions, section, below.
Criteria of Annroval
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) "UtE REQUEST AS CONDITIONED FULLY CONFORMS TOuiE
REQUIREMENTS OF nuS CODE PERTAINING TO: LOT SIZE AND
, ,
DIMENSIONS, HiE EFFICIENT PROVISION OF PUBLIC FACILITIES AND
SERVICES, STREET IMPROVEMENTS, AND CONSIDERATION OF NATURAL
FEATURES."
LOT SIZE AND DIMENSIONS
SDC 16.030 states: "The minimum lot size in all residential districts shall be as follows:
(2) Lots on east-west streets shaH have a minimum 'lot size of 4,500 square feet and a
minimum lot frontage of 45 feet." ,
(3) (b) In the Low Density Residential District, panhandle lots created through the
subdivision and partition process shall have, at least 4,500 square feet in the pan
portion (exclusive of the driveway)oo.In all c~ses? multiple panhandles shall have a
minimum of26 feet offrontageoo." ,
(1) The Director may waive the requirement that buildable City lots bave frontage on a
public street when al of the folloWing apply:
1. The lot or lots have been approved as part of aoo.Partition application; and
2. Access has been guaranteed via a private street or driveway by an irrevocable
joint use/access agreement.
The site has frontage onto BluebelkWay, an east-west street that is not improved to urban
standards. Parcell is proposed to have 6,664 square feet with 83.42 feet of frontage on Bluebelle
, Way. Parcel 2 will have 6,008 square feet and no street frontage, and Parcel 3 will have 6001
square feet with 20 feet of frontage onto Bluebelle Way. Parcels 2 and 3 are proposed to be
served via a 26-foot wide joint use/access agreement.
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Finding: Because Parcels 1,2 and ~,ar.e J~rger than the miniipum lot size standard and Parcell
exceeds the minimum frontage requirement set forth in the SDC, this portion of Criterion I has
been fulfilled.
Finding: Because Parcels 2 and 3 are being approved as part of a Partition Application and have
access that is insured via a 26-foot wide, irrevocable joint use access agreement, this portion of
Criterion I 'Yill be fulfilled when the following condition of approval has been met:
Condition: Provide evidence that an irrevocable 26-foot wide utility/ingress/egress easement
benefiting Parcels 2 and 3 has been recorded with Lane County.'
Finding: The existing 6' tall wooden fence along the east property line encroaches into Parcel 3
and the 26-foot wide joint use/access easement. The County Surveyor will not allow the Final
Plat to be recorded until the property line discrepancy IS resolved; therefore; the following
condition of approval is required for this portion of Criterion I to be fulfilled:
'Condition: Prior to Final Plat Approval, resolve the east property line in~onsiste'ncy issue.
Setback Standards,
oSDC 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 including panhandle lots ~ 10 feet. The front
and rear yard of panhandle lots shall be based on the orientation of the front and rear
of the house occupying the lot.
(2) ...interior side yard setbacks...-5 feet. The side yards of panhandle lots shall be based
on the orientation of the front and rear of the house occupying the lot.
The house on Parcell is set back approxirp,ately 19.2 feet from the front (noith) property line,
approximately 36.4 feet from the proposed rear property line, 8.4 feet from the east side yard
property line and 20.3 feet from the west side yard property line.
Finding: Because the existing house is setback more than the minimum distance from the
property lines and new development on Parcels 2 and 3 will have adequate room to comply with
the setback provisions, this portion of Criterion I has been fulfilled.
Solar Access Standards
SDC 34.010(3) states: "Solar Access Standards.
(a) Applicability. The provisions of this section shall apply to all land divisions in the LDR
and MDR Districts...
(b)(I) ...A lot complies with this section ifit:
a. Has a north-south dimension of90 feet or more; and
b. has a front lot line that is ,oriented within 30 degrees of the true east-west axis.
(d) Adjustments to the Design Standard. The city manager or his or her designee shall
reduce the percentage of lots that must comply with Section 3 to the minimum extent
necessary if it finds the applicant has shown one or more of the following site
characteristics apply: 1. Density. If the design standard in Section 3 is applied, the
resulting density is less than that proposed or allowed by this code..."
Parcels 1,2 and 3 have north 'south dimensions of79.9 feet, 72 feet and 58 feet respectively. All
lots have a north lot line that is oriented within 30 degrees of the true east-west access. If the
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, Design Standard in Section 3 were'applied, the resulting total density for the site would be two
parcels. the maximum density allowed for this property by the SDC is 3 parcels.
Finding: Because the proposed partition meets the density standard of the SDC, the solar access
standards ofSDC 35.010(3) are considered exempt and this application is in compliance with this
criterion.
, Note: The developer of Parcels 2 and 3 must comply withSDC 16. 050(5) (a): "Solar Setback
Standard" at the time' of building permit review. '
HiE EFFICIENT PROVISION OF PUBLIC FACILITIES AND SERVICES
SDC 32.010(1) states: "The intent ofthis Article is to ensure that public and private,
improvements are installed and serve development in accordance with the Metro.Plan."
SDC 34.070 s.tates: "All proposed partitions shall meet the public and private improvement
standards of Article 32, Public and Private Improvements."
SDC 34.070(3) states: "The construction of sidewalks, the paving of driveways, connecting to
utilities, fences and landscaping shall be required when necessary to satisfy the standards of
Articles 31, 32 and the appropriate zoning district."
In order to comply with SDC 32.010(1), 34.070 and 34.070(3) when there are multiple panhandle
parcels, private utilities, including but not limited to: sanitary sewer; storm seWer; water and
electricity must be, installed by the developer prior to Final Plat Approval.
Finding: The Tentative Plan submitted does not show all ,of the private utilities needed to serve
the individual parcels. Therefore, the Tentative Plan does not comply with 32.010(1), 34-070,
and 34.070(3)., In order to achieve compliance? the applicant must submit a private utility plan
prior to the submittal of the Final Plat consistent with SDC32.0 1 O( 1), 34-070, and 34.070(3).
Condition: Submit a private utility plan consistent with SDC 32.010(1), 34-070, and 34.070(3),
demonstrating how each parcel can be served by individual private utilities. The private utility
plan must be submitted and approved by the City prior to submittal of the Final Plat. Theprivate
utilities must be installed prior to Final Plat Approval.
, Water:
SDC 32.120(3) states: "Each development area shall be provided with a water system
having sufficiently sized mains and lesser lines to furnish adequate supply to the
development."
Each lot or parcel must ~ave its own water service. The existing house's wateris supplied by the
Springfield Utility Board (SUB) from an existing water line located in the Bluebelle Way right-
of-way. All water meters will be placed in the public right-of-way at a location identified by the
developer. The developer should contact the SUB Water Division for detailed information
concerning the construction and modification of the water system facility when supplying water
to Parcels 2 and 3.
Finding: Because City water is provided to Parcel 1 and is available to serve Parcels 2 and 3, this
portion of Criterion 1 has been met.
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Sanitary Sewer " '.1.;. ,
SDC 32.100(5) states: "...Sanitary sewers shall be installed to serve each new development
'and to connect developments to existing mains..."
An 8-inch sanitaiy sewer exists in BhiebelleWay, with an existing sewer stub to Parcell. The
proposed sanitary sewer service for Parcels 2 and 3 is shown on the Tentative Plan as a new
public 6-inch main from the existing main to Parcel 3. The sewer system as proposed by the
applicant is not acceptable to Public Works because of the configuration of the lines.
The Tentative Plan shows the existing service for Parcell as a 4-inch service. Springfield has
installed 6-inch service lines for many years and 4-inch services are very,rare in town. The
applicant must field verify whether the existing service is a 4 or 6~inch pipe.
Ifthe existing sewer service within the right-of-way is indeed a 4-inch service, then the
applicant's sewer proposal must be revised such that the public portion of the proposed 6-inch
sewer will end at a cleanout located within the required 7-foot PUE. The sewer will then
continue southerly to Parcels 2 and 3 as a joint use, private sewer. If this option is utilized, a
privately engineered public improvement project is required for the public portion of the sanitaiy
sewer.
Ifthe existing sewer service within the right-of-way is indeed a 6-inch service, then the applicant
shall extend the existing service to a cleanout located within the required 7-foot PUE, then
continue the sewer extension southerly to serve Parcels 2 and 3 as ajoint use, private sewer. .If
this option is utilized, a privately engineered public improvement project is required for the
public portion of the sanitary sewer.
Finding: Because the Tentative Plan does not adequately show how sanitary sewer will serve the
proposed development, the following condition of approval is required for this portion of
Criterion 1 to be fulfilled: '
, Condition: Show 'on the private utility plan how sanitary sewer will be provided to Parcels 2 and
3.
Public Utility Easements ,
SDC 32.120(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 public utility easements adjacent to
street rights-of-way shall be 7 feet. '
The local utilities have directed City staff to require a 7 foot-wide public utility easements (PUEs)
along all street frontages during the development review process. SDC 35.060(1) gives staff
authority to require PUEs as a condition of approval of this request. There is a 6-foot PUE on this
site along the south property line, no additional PUEs are proposed. The City Engineer has
requested a 7-foot wide PUE along Bluebelle Way behind the north propertY line. '
A 10-foot PUE is proposed on the Tentative Plan for a public sanitary sewer to serve Parcels 2
and 3. This easement is not necessary since this proposed sewer will be a private facility.
(
Finding: The City Engineer has specified that a street-side, 7-foot PUE is requ,ired; therefore, the
following condition is required to fulfil this portion of Criterion I:' ,
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Condition: Dedicate a 7-foot public utility easement (PUB) behind the north property line prior
to Final Plat Approval. This PUB shall be recorded with the County on a City form or dedicated
on the Final Partition Plat., '
Storm Drainage
SDC 32.110 states: (1) "The Approval Authority shall grant development approval only
where adequate provisions for storm and flood water run-oiTto the City storm water
drainage system have been made as determined by the City Engineer
The Tentative Plan shows a new, private joint use storm drain line to the placed under the
proposed driveway. This new line will include a new catchbasin within the driveway.
The applicants' proposal is acceptable assuming adequate soil cover exists to bury the pipe and
connect to the new driveway culvert proposed by the applic~nt.
Finding: Because the City Engineer has determined that this application contains adequate
provision for storm water drainage, this portion of Criterion '1 will be fulfilled when the following
condition of approval has been met.
Condition: Show a drainage plan for construction of the new storm drain line on the required
private utility plan.
STREET IMPROVEMENTS
SDC 32.020(1 O)(b )4.a. states: "In all other cases of unimproved streets~ an Improvement
Agreement shall be required as a condition of Development Approval postponing
improvements until such time that a City Street improvement project is initiated."
'Ip.e development area has frontage onto Bluebelle Way an unimproved local street.
Finding: Because the development area abuts Bluebelle Way, a local unimproved street, SDC
32.020 requires th~t an Improvement Agreement, which postpones improvements until such time '
that a City street improvement project is initiated, be signed prior to development approval;
therefore the following cond,ition of approval is necessary for this portion of Criterion 1 to be
fulfilled: . '
Condition: Record an Improvement Agreement for Bluebelle Way for the entire frontage of the
property. The Improvement Agr~ement shall be on a City form and the original copy returned to
the Development Services Department after recordation.
NATURAL AND mSTORIC FEATURES
The following documents were consulted to determine if there were natural and/or historic
resources on this site. The Springfield Local Wetlands Inventory Map, the FIRM
FloodplainIFloodway maps, the Draft Natural Resources Special Study, the Willamette River
Greenway, Springfield Drinking Water Protection Plan and the Washburn Historic District and
the Historic Landmark Sites Listing. '
Finding: No significant natural or historic features, as identified by the above inventories, are
located on this site; therefore, this portion of Criterion I has been met.
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(2) "THE ZONING IS CONSIST;ftNI,'W nUlm:r,m~O PLAN DIAGRAM AND/OR
APPLICABLE REFINEMENT PLAN DIAGRAMS." ,
The Eugene/Springfield Metro Area General Plan and the East MainRefinement Plan designate
the subject property as Low Density Residential (LDR). The property is zoned LDR by the
Springfield Zoning Map. The proposed partition would create three parcels in conformance with
the LDR designation.
Finding: The propertY's zoning is consistent with the Metro Plan and EastMain Refinement Plan
designations; therefore, Criterion :2 is fulfilled.
,(3) "DEVELOPMENT OF ANY REMAINDER OF THE PROPERTY UNDER utE "
SAME OWNERS11ll" CAN BE ACCOMPLISHED IN ACCORDANCE WITH THE
PROVISIONS OF TillS CODE."
The applicant is proposing to partition the entire 21,700 square-foot property. There will be no
remaining property left to divide upon recording of the Final Plat.
Finding: ,Because all of the applicants' property is proposed to be partitioned at this time,
Criterion 3 does not apply. ' ,
(4) "ADJACENT LAND CAN BE DEVELOPED OR IS PROVIDED ACCESS THAT
WILL ALLOW ITS DEVELOPMENT IN ACCORDANCE 'W ITlt THE PROVISIONS
OF TillS CODE." ,
Finding: The adjacent properties are developed and have access to BluebelleWay and/or 47th
Street. The configuration of the lots proposed in this partition will not infringe on the access of
the adjacent properties and Criterion 4 has been fulfille~' '
Conditions of Aooroval Prior to Final Plat
The applicant will have up to one year from the issuance ofthis letter to meet any attached
conditions or Development Code standards and to obtain Final Plat Approval. A separate
application form and fee will be required. The application must be submitted to the Springfield
Development Services Department. The City Surveyor will review the Plat itself. 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.
CONDITIONS TO BE MET PRIOR TO FINAL PLAT APPROVAL
I. Provide evidence that an irrevocable 26-foot wide utility/ingress/egress easement benefiting
Parcels 2 and 3 has been recorded with Lane County.
2. Resolve the east property line inconsistency issue.
3. Submit a private utility plan consistent with SDC 32.010(1), 34-070, and 34.070(3),
demonstrating how each parcel can be served by individual private utilities. The private
utility plan must be submitted and approved by the City prior to submittal of the Partition
Plat. The private utilities must be installed prior to Final Plat Approval.
4. Dedicate a 7-foot public utility easement (PUE) behind the north property line. This PUE
shall be recorded with the County on a City form or dedicated on the Final Partition Plat
5. Show a drainage plan for construction of the new storm drain line on the required private
utility plan.
6. Show on the private utility plan how sanitary sewer will be provided to Parcels 2 and 3.
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7. ,Record an Improvement Agreement for Bluebelle Way for the entire north frontage ofthe
property. The Improvement Agreement shall be on a City form and the original copy
returned to the Development Services Department after recordation.
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 and 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.
Appeal
If you wish to appeal this Type II Limited land Use Tentative Partition decision, you must do so
within 10 days of the date of this letter. Your appeal must be in accordance with SDC, Article 15,
APPEALS. Appeals must be submitted on a City form and a fee of $250.00 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 726-3753 if you have any questions
regarding this process.
Prepared By:
d//~/
Colin M. Stephens
Planner
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