COMMUNITY DEVELOPMENT 333 Broadalbin Street SW, PO Box 490, Albany, Oregon 97321-0144 | BUILDING 541-917-7553 | PLANNING 541-917-7550

cd.cityofalbany.net

Staff Report Tentative Replat

RL-10-18 February 19, 2019

Application Information Proposal: Replat of portions of Lots 5 & 6, Block 10 of City of Albany

Review Body: Staff (Type I-L review)

Property Owner: Monteith Square, LLC; Matt Bennet; PO Box 99, Albany, OR 97321.

Applicant/Representative: William G. Ryals; 935 NW Jones Ave., Albany, OR 97321; and

David J. Reece; 321 1st Ave E., Ste 3A, Albany, OR 97321

Address/Location 401 2nd Ave. S.W., Albany, OR 97321

Map/Tax Lot: Linn County Assessor’s Map No. 11S-03W-06CC; Tax Lot 8300

Zoning: Historic Downtown (HD) District

Existing Land Use: Vacant Commercial/Retail

Neighborhood: Central Albany

Surrounding Zoning: North: Historic Downtown (HD) District

East: Historic Downtown (HD) District

South Historic Downtown (HD) District

West Historic Downtown (HD) District

Surrounding Uses: North: Retail/Office

East: Retail

South Retail/Office

West Parking Lot

Prior History: None

Summary The purpose of this Tentative Replat application is to replat portions of Lots 5 and 6, Block 10 of City of

Albany. The subject property is comprised of two platted lots that are occupied by two attached buildings.

However, the shared wall does not correspond to the common property line. The proposed replat will align the

common property line with the shared wall by shifting the common property line to the east by 12.34 feet.

RL-10-18 / Staff Report February 19, 2019 Page 2 of 6

Staff Decision The Tentative Replat application is Approved with Conditions.

Appeal of the Decision: The City’s decision may be appealed to the Oregon Land Use Board of Appeals (LUBA)

if a person with standing files with LUBA a Notice of Intent to Appeal not later than 21 days after the Director’s

Notice of Decision is mailed.

Notice Information A Notice of Filing was mailed to property owners identified within 100 feet of the subject properties on

February 1, 2019. At the time the comment period ended on February 15, 2019, the Albany Planning Division

had not received any written comments.

According to Oregon Revised Statute (ORS) 92.185(6), a replat shall comply with all subdivision provisions of

this chapter and all applicable ordinances and regulations adopted under this chapter.

Analysis of Development Code Criteria Section 11.180 of the Albany Development Code (ADC) includes the following review criteria, which must be

met for this application to be approved. Code criteria are followed by findings, conclusions, and conditions of

approval where conditions are necessary to meet the review criteria.

Criterion 1

The proposal meets the development standards of the underlying zoning district, and applicable lot and block

standards of this Section.

Findings of Fact

1.1 The subject lot is located in the HD (Historic Downtown) zoning district. The HD district is intended

for a dense mixture of uses with an emphasis on entertainment, theaters, restaurants, nightlife and

specialty shops. High-density residential infill on upper floors is encouraged, as is the continued

presence of the government center and supporting uses.

1.2 The minimum lot width for the HD zone is 20 feet. The minimum lot depth is 50 feet.

1.3 The replat will result in a parcel with dimensions of 25 feet x 67 feet (hereby referred to as Parcel A)

and another parcel with minimum dimensions of 42 feet x 102 feet (hereby referred to as Parcel B).

1.4 ADC 22.400 defines lot depth as “the horizontal distance from the midpoint of the front lot line to

the midpoint of the rear lot line excluding any ‘panhandles.’”

1.5 ADC 22.400 defines lot width as “the average horizontal distance between the side lot lines, ordinarily

measured parallel to the rear lot line (excluding lot “panhandles”) at the front and rear setbacks.”

1.6 In conformance with the definition of lot width and lot depth, Parcel B has a lot width of 42 feet and

lot depth of 102 feet. Therefore, Parcel B meets the lot width and depth requirements of the HD zone.

1.7 Parcel A is a corner lot with frontage along 2nd Avenue and Ferry Street. Therefore, Parcel A has two

front lot lines that can be used to measure the lot depth.

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1.8 In conformance with the definition of lot width and lot depth, Parcel A has a lot width of 25 feet and

lot depth of 67 feet. Therefore, Parcel A meets the lot width and depth requirements of the HD zone.

1.9 The HD zone does not have a minimum lot size or minimum front or interior setbacks. Likewise, the

HD zone does not have a landscape area requirement. Therefore, these standards are not applicable to

the proposed replat.

1.10 Lot coverage in the HD zone is 100 percent. Both lots are entirely covered by the existing buildings

and therefore meet the lot coverage standard for the HD zone.

Conclusions

1.1 The proposed replat will result in two lots that meet the development standards of the HD zoning

district and the lot and block standards.

1.2 This criterion is met without conditions.

Criterion 2

Development of any remainder of property under the same ownership can be accomplished in accordance with

this Code.

Findings of Fact

2.1 The proposed replat will shift a portion of the common property line of Lot 5 and 6 to the east by

12.34 feet. By doing so, the replat will align the common property line with an existing shared wall.

2.2 The existing lots are entirely occupied by two attached buildings and therefore the proposed replat will

not result in any remainder of property that is not already developed.

2.3 The proposed replat will result in two attached buildings on separate lots. Therefore, the common wall

must meet the separation requirements of Table 602 of the Oregon Structural Code.

Conclusions

2.1 The proposed replat will not result in any remainder of property.

2.2 The common wall must meet separation requirements of Table 602 of the Oregon Structural Code.

Conditions

Condition 1 Before the City will approve the final replat, the applicant shall demonstrate that the common

wall meets separation requirements of Table 602 of the Oregon Structural Specialty Code

through application for a building permit.

Criterion 3

Adjoining land can be developed or is provided access that will allow its development in accordance with this

Code.

Findings of Fact and Conclusions

3.1 This review criterion has been interpreted by the City Council to require only that adjoining land either

have access or be provided access to public streets.

RL-10-18 / Staff Report February 19, 2019 Page 4 of 6

3.2 The proposed replat does not affect access to surrounding land. All adjoining lands have direct access

by frontage along public streets.

3.3 ADC 12.060 requires that development must have frontage on or approved access to a public street

currently open to traffic.

3.4 The existing buildings both have access to a public street currently open to traffic. The proposed replat

and resultant lot configurations will not impede access to the existing public streets.

Criterion 4

The proposed street plan affords the best economic, safe, and efficient circulation of traffic possible under the

circumstances.

Findings of Fact

4.1 Both subject lots are presently served by public streets. The proposed replat does not create additional

lots nor leave any remaining amount of land.

4.2 Albany’s Transportation System Plan (TSP) does not identify any capacity problems adjacent to the

development. No new street plan is being proposed.

4.3 No new streets are proposed.

Conclusions

4.1 Because both lots will be served by existing streets and new streets are not proposed, this criterion is

met without conditions.

Criterion 5

The location and design allow development to be conveniently served by various public utilities.

Findings of Fact and Conclusions

Sanitary Sewer

5.1 City utility maps show a 24-inch public sanitary sewer main in Ferry Street, and an 8-inch main in the

alley north of the property. The portion of the building that houses 401 2nd Avenue SW does not have

a separate sanitary sewer service but is connected to the same wastewater plumbing that serves the

remainder of the building on Tax Lot 8300.

5.2 Because this replat reconstitutes an old lot line, 401 2nd Avenue SW will be required to have its own

separate sewer service connection to the public sewer system. The applicant is proposing to make a

new sewer connection to the main in Ferry Street.

Water

5.3 City utility maps show a 12-inch public water main in Ferry Street and a 6-inch main in 2nd Avenue.

Two water services/meters currently serve the building. After the replat each of the parcels will have

their own separate water service/meter.

Storm Drainage

5.4 City utility maps show a 12-inch public storm drainage main in 2nd Avenue.

RL-10-18 / Staff Report February 19, 2019 Page 5 of 6

5.5 No changes are being proposed to the site that will impact storm water runoff from the site.

5.6 Any new development on the proposed lots must accommodate stormwater runoff from the lots.

Conclusions

5.1 The proposed replat will reconstitute an old lot line and will in effect recreate a parcel that will contain

401 2nd Avenue SW.

5.2 After replatting the parcel, the resultant parcels will have access to public sewer, water, and storm

drainage service, and have separate sewer services and water services.

5.3 Because the proposed replat will reconstitute an old lot line and result in 401 2nd Avenue SW being on

a separate parcel, a new sanitary sewer service lateral must be installed to serve 401 2nd Avenue.

Conditions of Approval

Condition 2 Before the City will approve the final replat, the applicant must install a new sanitary sewer

service for 401 2nd Ave SW. An encroachment permit must be obtained through the Public

Works Department before beginning this work.

Criterion 6

Activities and developments within special purpose districts must comply with the regulations described in

Articles 4 (Airport Approach), 6 (Natural Resources), and 7 (Historic), as applicable.

Findings of Fact and Conclusions

6.1 Article 4, Airport Approach District: Figure 4-1 of the Albany Development Code shows that the subject

property is not located within the Airport Approach District.

6.2 Article 6, Steep Slopes: Plate 7 of the Comprehensive Plan shows that the subject property is not located

in the Hillside Development District.

6.3 Article 6, Floodplains: Plate 5 of the Comprehensive does not show this property in a 100-year floodplain.

FEMA/FIRM Community Panel No. 41043C0213H, dated December 8, 2016, shows that this

property is in Zone X, an area determined to be outside any 500-year floodplain. There are no other

special features of this site to consider with this replat application.

6.4 Article 6, Wetlands: The Local Wetlands Inventory shows no wetlands on this site. The U.S. Department

of Interior, Fish and Wildlife Service National Wetland Inventory Map does not show wetlands on the

property.

6.5 Article 7 Historic Districts: The subject property is located in a historic district. The proposed replat will

not alter the outward appearance of either building or impact the historic character of the historic

district. There are no known archaeological sites on the property.

Overall Conclusion As proposed, the application for a Tentative Replat to adjust the common property line 12.34 feet east, as

shown on the tentative replat (Attachment B.2), satisfies all the applicable review criteria and development

standards as outlined in this report and subject to the Conditions of Approval.

RL-10-18 / Staff Report February 19, 2019 Page 6 of 6

Overall Conditions Condition 1 Before the City will approve the final replat, the applicant shall demonstrate that the common

wall meets separation requirements of Table 602 of the Oregon Structural Specialty Code

through application for a building permit.

Condition 2 Before the City will approve the final replat, the applicant must install a new sanitary sewer

service for 401 2nd Ave SW. An encroachment permit must be obtained through the Public

Works Department before beginning this work.

Attachments A. Location Map B. Applicant’s Submittal

B.1 Written Findings

B.2 Tentative Plat

Acronyms ADC Albany Development Code

FEMA Federal Emergency Management Agency

FIRM Flood Insurance Rate Map

HD Historic Downtown (Zoning District)

LUBA Land Use Board of Appeals

ORS Oregon Revised Statue

RL Replat File Designation

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Date: 1/3/2019 Map Source: City of Albany401 2nd Ave SW

Location / Zoning Map

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1st Ave.

2nd Ave.W

ashington St.3rd Ave.

Ferry St.

3rd Ave.

Water Ave.Broadalbin St.

2nd Ave.

1st Ave.

Washington St.

Calapooia St.

LegendSubject Parcel

ATTACHMENT A

Monteith PlaceGeneral Information

The site is located at 401 SW 2nd Avenue and has a gross land area of .14 acres, it will be divided into two lots creating an average lot size of .7 acres. Located in Historic Downtown and designated Village Center by the Comprehensive plan the site has a commercial use. Each of the surrounding sites are also zoned Historic Downtown, designated Village Center, and preform commercial uses. Density Bonuses, Lot and Block arrangements, and Phases are not applicable to this site or development.

Replat Review Criteria Response

This document addresses the six replat review criteria as outlined in Albany Development Code 11.180. The proposed replat is for the division of tax lot 11s03w06cc08300 into two separate lots, in order to match existing building footprints. The current lot and future lots are all zoned Historic Downtown (HD). Improvements to the property will include a new sewer service connecting to the existing line in Ferry Street. No further improvements will be made.

Criterion 1: “The proposal meets the development standards of the underlying zoning district, and applicable lot and block standards of this section.”

Standard Historic Downtown Proposed Portion 5 Proposed Portion 6Lot Width, minimum 20’ 25’ 42’Lot Depth, minimum 50’ 67.10’ 102’Landscaped Area None None NoneMinimum Open Space N/A N/A N/AMaximum Front Setback 0’ 0’ 0’Minimum Front Setback 0’ 0’ 0’Minimum Interior Setback 0’ 0’ 0’Height, Maximum 65’ N/A N/ALot Coverage, Maximum 100% 100% 100%

The proposed site development meets applicable standards of the Historic Downtown zoning category. Lot and block standards do not apply because this is not a single-family residential zoning.

Criterion 2: “Development of any remainder of property under the same ownership can be accomplished in accordance with the code.”

There is no remainder of land to consider with the application.

Criterion 3: “Adjoining Land can be developed or is provided access that will allow its development in accordance with this code.”

Access to adjoining land is not affected by the proposed lot division and both lots will continue to be accessible through public right-of-way easements bordering the property.

Criterion 4: “The proposed street plan affords the best economic, safe, and efficient circulation of traffic possible under the circumstances.”

ATTACHMENT B.1

The proposed replat relies on the existing street plan for continued access to the site. No new streets are proposed.

Criterion 5: “The location and design allows for development to be conveniently served by various public utilities.”

The majority of public utilities that serve this site are already in operation at existing connections to both of the proposed properties. Existing and proposed utilities to accommodate the site improvements are described below.

Water: Both proposed lots are already served by existing waterlines in 2nd Avenue and Ferry Street. No new water improvements are needed to service the proposed lots.

Wastewater: The current site is serviced by a single sewer cleanout located in the Alley north of the property, however, to independently service the two proposed lots a second sewer connection will be constructed. This connection will be made approximately 102 feet south of manhole 1130720037.

Drainage: The property is already serviced by two existing storm inlets, the first located on the corner of 2nd Avenue and Ferry Street and the second in the alley north of the site. No new stormwater improvements are needed to service the proposed site.

Criterion 6: “Activities and developments within special purpose districts must comply with the regulations described in Articles 4 (Airport Approach), 6 (Natural Resources), and 7 (Historic) as applicable.”

The proposed replat does not involve designation, re-rating or removal of historic landmarks and districts, exterior alterations, substitute materials, new construction, or demolitions or relocations. The proposed replat meets all standards in Article 7 (Historic) and the remaining Article 4 (Airport Approach) and 6 (Natural Resources) are not applicable.

ATTACHMENT B.1

ATTACHMENT B.2