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Ord 2256 - Grant App 99-02 Subd COUNCIL BILL NO. 2023 ORDINANCE NO. 2256 AN ORDINANCE GRANTING AN APPLICATION FOR SUBDIVISION 99-02 AND VARIANCE 99-09; ADOPTING FINDINGS; IMPOSING CERTAIN CONDITIONS OF APPROVAL; AND DECLARING AN EMERGENCY. WHEREAS, on September 23, 1999, the Woodburn Planning Commission adopted a final order approving an application for Subdivision 99-02 and Variance 99-09; and WHEREAS, this approval was called up by the Woodburn City Council; and WHEREAS, the City Council conducted a public hearing on the application on November 22, 1999; and WHEREAS, at the time of the public hearing a representative of the Luckey Company appeared and objected to the application; and WHEREAS, after the applicant waived the 120-day rule under ORS 227.178(1) and agreed to meet with the Luckey Company, the City Council continued the public hearing until January 24, 2000; and WHEREAS, the City Council closed the public hearing on January 24, 2000, after the parties represented that they had reached an agreement; and WHEREAS, the applicant and the Luckey Company have advised the City Council that they reached an agreement and that the Luckey Company no longer has any opposition to the application; NOW, THEREFORE, THE CITY OF WOODBURN ORDAINS AS FOLLOWS: Section 1. That the real property which is subject to this application is owned by Grigory and Olga Saverchenko and described in Attachment ";I,;' which is affixed hereto. Section 2. That based upon the Findings and Conclusions which are affixed hereto as Attachment "B," the application on the subject property is granted. Section 3. That the application is subject to the Conditions of Approval contained in Attachment "C," which is affixed hereto and which the Council finds reasonable. Page 1 - COUNCIL BILL NO. 2023 ORDINANCE NO. 2256 ~ ~ Section 4. This ordinance being necessary for the public peace, health and safety, an emergency is declared to exist and this ordinance shall take effect immediately upon passage by the Council and approval by the Mayor. Approved as to form/)};n-~ City Attorney ~O~ Date Z()OO Approved: ~ / Richard Jennings, May ~ Passed by the Council Submitted to the Mayor Approved by the Mayor Filed in the Office of the Recorder . /J ATTEST: /'l~ ~V- Mary TtfJlnant City Recorder Februarv 14. 2000 February 15, 2000 Februarv 15. 2000 February 15, 2000 Page 2 - COUNCIL BILL NO. 2023 ORDINANCE NO. 2256 , ~. ... ,.. ..-----.....---.T , f ;/ '" ATTACHMENT A NORTH 1" =60 .....-:uil~~MIL" RS "Rls1rlloHI.L ~i~ttl~~llll' RS ~SIOfNTlA.L ..... ._~,,- ..._.y.~.'~v'~ ~ ....r . .-r--....' ATIACHMENTB FINDINGS AND CONCLUSIONS A. Woodburn Comprehensive Plan FINDING: The applicable comprehensive policies have been addressed by the implementing ordinances of the adopted subdivision standards, zoning ordinance and any other ordinances in affect at the time of approval. B. Woodburn Zoning Ordinance FINDING: The applicant's proposal will access onto an existing street (Parr Road) that meets city standards. FINDING: Each lot will require a separate building permit. At such time that building permits are issued, each lot will be reviewed for compliance with vision clearance standards. FINDING: Each lot will require a separate building permit. At such time that the building permits are issued, each lot will be reviewed for compliance with residential set back requirements. Any new fencing will also be reviewed for compliance with this section prior to permit issuance. FINDING: A condition of approval is that the applicant shall comply with the required front yard setbacks. FINDING: A condition of appro val is that each lot will be subject to single family driveway standards. Variance: FINDING: Requiring 30 foot wide drives for each lot would waste valuable residential land, a 60 foot access to serve two residential lots is a needless waste of residential property. The proposed 15' lot frontages for lots 6 and 7 with reciprocal easements would combine together to form a 30 foot access which would be sufficiently wide to permit a 24' paved driveway to both flag lots. The city driveway standards ordinance requires that where the property frontage is 30' or less the maximum driveway width is 12 feet. The proposed 30' easement has sufficient width for utilities to access the two lots. FINDING: The flag lots are created be dividing a land locked parcel which, otherwise would have no roadway access. This parcel is approximately 100' removed from a public street. Requiring the pole section of flag lots to meet the lot width requirement defeats the generally accepted purpose for flag lots (to provide a means to develop residential property where the geometry is difficult.) Creating an access easement to these properties which is larger than necessary would remove buildable land from the adjoining lots to the east and Page 1 - Findings and Conclusions ~. '.'...T........--r---r--....''----.--,....,' west, and place it in nonbuildable areas as part of access to lots 6 and 7. The proposed variance provides adequate access while using the residential land efficiently in spite of difficult geometry. FINDING: Granting this application will in no way be detrimental or hazardous to the public welfare. The proposed plat provides adequate access and turn around for fire and emergency vehicles. This configuration will make the area more visually pleasing by reducing driveway area which is generally not as aesthetically pleasing as home landscaping. The same access configuration is used in the Steklov addition just north of Parr Road. FINDING: The variance will allow the petitioner to create lots in this subdivision which are consistent in size with the lots of the surrounding area and reflective of the property zoning. Without the variance the applicant would lose one lot which would significantly reduce the density for this plat. FINDING: Granting of this application will not compromise the health or well being ofthe citizens working or living in the surrounding community. Adequate access and turnarounds are provided for fire and emergency vehicles. If the variance is approved, this development would be similar to recent developments in the area. The same access configuration is used in the Steklov addition just north of Parr Road. FINDING: Granting of this application would be in accordance with the Woodburn Comprehensive Plan. Although there is confusion as to ordinances that may apply to flag lots, the zoning ordinances clearly allow for flag lots. The variance is required because there is a section of the subdivision standards that requires a 30 foot minimum width for flag lots and that is being interpreted a applying to the pole or access section. It may be appropriated to clarify the interpretation to apply to the body of the lot and in particular at the building line. Approval of this variance will allow practical application of flag lots to provide density consistent with the zoning ordinance. FINDING: The proposed subdivision and single family residences are an allowed use. FINDING: Each of the proposed lots meet the 6,000 square foot minimum lot area requirement as shown by the applicant on the preliminary plat. The side and rear yard setbacks specified in the Woodburn Zoning Ordinance vary according to the height of the proposed home. If the applicant proposes to build two story homes, then greater side and rear setbacks are required. The applicant is requesting a variance to the flag lot width requirement for lots 6 and 7. The existing residence meets the side yard setback requirements. FINDING: The System Development Charge for park purposes is $483 per lot. A condition of approval specifies that the applicant shall pay the required parks systems development charges in full, or on a per-lot basis as building permits are issued. See Attachment C. Page 2 - Findings and Conclusions ~ ,...,-_..,.......~_..-'.....-I , Woodburn Subdivision Standards: FINDING: Sufficient information has been submitted by the applicant. Attached with this application is a preliminary plat that indicates the proposed lots. FINDING: The applicant has met this criteria with the exception oflots 6 and 7. The applicant is requesting a variance to the flag lot width standards from 30 feet to 15 feet. FINDING: Parr Road is a improved residential street. Ten vehicle trips per day is standard for single family residential units. Additional road dedication along Ogle street is a condition of approval as well as a non-remonstrance consent form to participate with improvements to Ogle street. CONCLUSION: The applicant is requesting approval to subdivide approximately 1. 8 acres into 9 single family lots with lot sizes of greater than 6,000 square feet. Lot number 1 will already have a single family residence on it that will meet the required setback. Lot numbers 6 and 7 are proposed to be flag lots. The subdivision ordinance requires the lot width to be 30 feet wide, the applicant is requesting to make the lots 15 feet wide. With conditions of approval, the proposal can meet applicable policies and standards of the city of Woodburn, as found in the previous sections. Page 3 - Findings and Conclusions ,-.-, ..,. , f .--.............,.~--_.__._.>',."'.--,,.. .----..-." ATTACHMENT C CONDITIONS OF APPROVAL: 1. The proposed development shall be in substantial conformance with the preliminary plan. 2. Prior to recordation with Marion County submit two paper copies of subdivision plat for review to planning department. 3. Applicant shall provide for the installation of all franchised utilities and shall provide any required easement on final plat. 4. Prior to any construction, a reproducible mylar of the final plat shall be filed with the public works department after all required signatures have been obtained and the plat has been recorded with Marion County. 5. On site construction shall not commence until the improvements plans have been reviewed for compliance with subdivision and street width standards and approved by the public works department and all right-of-way permits, park fees and system development charges have been paid. 6. Prior to building permit issuance the applicant shall submit one set of reproducible as-builts. 7. Meet vision clearance standards. 8. The applicant shall comply with the Woodburn Subdivision standards. 9. Meet residential setback requirements. 10. Meet private driveway standards. 11. Prior to building permit issuance the applicant shall comply with the comments provided by the fire department and public works department. 12. Comply with the following chapters of the Woodburn Zoning Ordinance: Chapter 8, 9, 10, 13,22,39. 13. Construct property line sidewalks 14. Provide street plantings as approved by Planning Staff Waste Water Department: 15. Cross connections; Water Department - All units that put in either a underground irrigation system, swimming pool, hot tub and fire sprinkler system will be required to install backflow prevention Page 1 - Conditions of Approval .. ~ ..,-,.....,..,......., ,. assemblies (DC) (Double Checks). The assemblies shall be installed by the water meter next to the property line. Unless approved by city engineers. Please see Inspector on Installation Standards phone 982- 5283. Public Works Conditions: 16. Final plan shall conform to the construction plan review procedures and standards. 17. The subdivision shall be platted according to standard surveying practice, approved and recorded with Marion County. 18. The owner/applicant will be required to enter into an improvement agreement as outlined in the Woodburn Zoning Ordinance, Chapter III, Section 6 prior to acceptance of the final plat. Also, prior to construction of the subdivision commencing the city will require approved construction plans, a performance bond in the amount oflOO% ofthe improvement cost and public works pennit fee's paid. 19. Existing on-site water wells or sewage disposal systems shall be abandoned by the applicant in accordance with state regulations. 20. The applicant, not the city is responsible for obtaining pennits from any state and/or federal agencies which may require approval or pennit. 21. This development shall not cause storm water runoff to be impounded on adjacent properties 22. Applicant shall dedicate to the City of Woodburn an additional 30 feet wide strip ofland adjacent to Ogle Street for roadway purposes. 23. All work shall conform to the City of Woodburn standards and all State Building Codes and Regulations. STREET: 24. To accommodate the installation of the required services. The applicant shall grind the existing asphalt surface of Parr Road to a depth of 1 Y:z ", and inlay with 1 Y:z" of class "C" mix asphaltic concrete, after all services have been installed. The grinding and inlay shall be required adjacent to the entire north line of this subdivision, and shall include the intersection ofLuba Street. 25. The shared driveway access serving the flag lot 6 and lot 7 shall conform to Chapter 10 of the Woodburn Zoning Ordinance for driveways serving more than one dwelling unit. A proper road maintenance agreement shall be recorded for shared driveway with the subdivision plat, this shall be reviewed and approved by the city prior to recording. Page 2 - Conditions of Approval , ., -.----.-.-......--'-....--.-r ~ f ----.. 26. This development shall be responsible for street improvements to Ogle Street. The owner will be required to sign a non-remonstrance consent form to participate and pay the fair share cost of such improvements meeting city standards on Ogle Street as determined by the City Council. 27. The driveway approach serving the shared access shall comply with the City of Woodburn Commercial Driveway Standards. DRAINAGE: 28. Single family residential lots, other then the flag lots, shall drain to the street though weep holes in the curb. 29. The flag lots shall be served by an underground piped storm sewer service connecting to the existing city storm sewer main within Parr Road. The applicant shall install a separate service to each lot. New taps on the storm sewer main will be done by the city, tap fee shall be paid by the applicant. SANITARY SEWER: 30. The existing sanitary sewer main within Parr Road shall be extended westerly and a sanitary service installed to each of the proposed lots by the applicant. The lots adjacent to the existing sewer main shall require a sanitary service line to be installed to each lot by the applicant. New taps on the sewer main will be done by the city, tap fee shall be paid by the applicant. WATER: 31. The applicant shall install a water service in conformance with city standards from the existing city water main on the north side of Parr Road to each lot. New taps on the water main will be done by the city, tap fee shall be paid by the applicant. WOODBURN FIRE DISTRICT 32, Driveable access to within ISO feet of all side of all structures is required. Access ways more than ISO feet in length require a turnaround provision. Minimum width of access way is 20 feet. 33. Residential flow is 1000 gpm. 34. One hydrant within 250 feet of all properties. Coordinate with Woodburn engineering department prior to placement of any hydrants. Page 3 - Conditions of Approval ....' . ._-.._--,...,........._--'--,,~.."-~._- 35. Local residential alarms as required by ORS. 36. Flag lots need to be addressed on a sign located at entrance way from public road. address numbers to be assigned by the fire district in cooperation with the city building official. (parr road name is incorrect. Please change to Bridlewood Lane). 37. An onsite water supply system must be available, operational and acceptable to the city prior to the construction of combustible buildings. Access during construction must support the weight of fire apparatus and allow access to facility. Any conditions attached to the approval of the site plan shall be conditions on the issuance of a building permit. A violation of the conditions shall be considered a violation of the ordinance. Page 4 - Conditions of Approval ~ . , --,--,.._.,._"--,~-,-