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HomeMy WebLinkAboutNotice PLANNER 6/5/2013 , . : do c7rAtiaa-1)?' ' RECEIVED AFFIDAVIT OF SERVICE JUN - 5 2013 • By: 77 A STATE OF OREGON ) J ) ss. / d 7p 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 -CYP/13-coo// /),6-7,,c;0 0, - AM- (See attachment "A") on 6 /5 , 2013 a dressed to (see `` Attachment "B"), by causing said letters to be placed in a U.S. mail box with postage fully prepaid thereon. Kar n LaFleur STATE OF OREGON, County of Lane 0 , 2013. Personally appeared the above named Karen LaFI4 r, Program Technician, who acknow edged the foregoing instrument to be their voluntary act. Before me: V OM«O» LI W coiNimiliNNIMINIV SIG My Commission Expires: `Irg n ."f Le 0 SPRINGFIELD NOTICE OF DECISION PROPERTY LINE ADJUSTMENT- TYPE I OREGON Project Name: Weyerhaeuser Property Line Adjustment Project Proposal: Adjust the common property line between two adjoining parcels to align with the Springfield City limits boundary line ;. Case Number: TYP 113-00011 bit Ve4'H$n izr1 Project Location: East of Jasper Meadows Proposed Property 10 neighborhood, southeast of the intersection of Line - Mt. Vernon Road at Weyerhaeuser Haul Road " ':'- \ F- ` t Zoning: Low Density Residential(LDR)with •' ,: Y > ;', Urbanizable Fringe Overlay(UF-10) 1;::••y,� Comprehensive Plan Designation: ;;.,;, : r •4?�t LDR(Metro Plan) � .. "� le�1Y rt L,ne Application Submitted Date: May 7, 2013 Decision Issued Date: June 5,2013 u Recommendation: Approval with Condition Final Property Line Survey Submittal Date: September 3,2013 1 r flan 1R . Appeal Deadline Date: No Provision for Appeal(SDC 5.1-125.C) —' * Associated Applications: None CITY OF SPRINGFIELD DEVELOPMENT REVIEW TEAM POSITION REVIEW OF NAME PHONE Project Manager Planning Andy Limbird 541-726-3784 Transportation Planning Engineer Transportation Michael Liebler 541-736-1034 Civil Engineer Utilities Clayton McEachern 541-736-1036 Civil Engineer Sanitary & Storm Sewer Clayton McEachern 541-736-1036 Deputy Fire Marshal Fire and Life Safety Gilbert Gordon 541-726-3661 Community Services Building Official Building David Bowlsby 541-736-1029 APPLICANT'S DEVELOPMENT REVIEW TEAM Applicant: Owner: Surveyor: Craig Yocom Weyerhaeuser NR Company Daniel Baker,PLS Weyerhaeuser Company P.O. Box 9777 Baker& Associates Surveyors P.O. Box 275 Federal Way, WA 98063-9777 1574 Coburg Road, PMB 144 Springfield, OR 97478 Eugene, OR 97401 . . • DECISION: Preliminary Survey Approval as of the date of this letter. The standards of the Springfield Development Code (SDC) applicable to each criterion of Property Line Adjustment 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 SURVEY SUBMITTAL MUST CONFORM TO THE SUBMITTED PLANS AS CONDITIONED HEREIN. This is a limited land use decision made according to City code and state statutes, and there is no provision for appeal pursuant to SDC 5.1-125.C. Please read this document carefully. OTHER USES AUTHORIZED BY THE DECISION: None. The proposed Property Line Adjustment as approved is in accordance with SDC 5.16-100. 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 I procedures listed in SDC 5.1-125 and the property line adjustment criteria of approval, SDC 5.16-125. A complete application was accepted by the Director prior to the review of the request as specified in SDC 5.4-105,Application Submittal,and contained all information required to begin the review process in accordance with SDC 5.16-100. This application was accepted as complete on May 7, 2013. SITE INFORMATION: The affected parcels are within Assessor's Map 18-02-03-00,portion of Tax Lot 600. A portion of Parcel 1 is inside the City limits, but the balance of Parcel 1 and all of Parcel 2 is outside the City limits within the Springfield Urban Growth Boundary (UGB). The parcels are vacant and zoned Low Density Residential (LDR) in accordance with the Springfield Zoning Map. The parcels proposed for property line adjustment do not have frontage on a public street. The applicant is proposing to adjust the common property line between Parcel 1 and 2 in order to be coterminous with the existing City limits line. As a result of the proposed property line adjustment, Parcel 1 decreases in size from 42.4 acres to 27.7 acres; and Parcel 2 increases in size from 13.8 acres to 28.5 acres. Therefore, the net area affected by the proposed property line adjustment is approximately 14.7 acres. Because there is no increase to the number of legal lots before or after the proposed property line adjustment, and the adjustment does not reconfigure a subdivision boundary line, the proposal does not constitute a Replat. A property line adjustment may occur within a recorded subdivision in accordance with SDC 5.16-100. CRITERIA OF PROPERTY LINE ADJUSTMENT APPROVAL: SDC 5.16-125 states that the Director shall approve or approve with conditions a Property Line Adjustment application upon determining that criteria A through F of this Section have been satisfied. A. The property line adjustment shall not create a new lot or parceL Finding 1: The property line adjustment does not create a new lot or parcel. The proposed property line adjustment is intended to modify the common boundary between two adjoining parcels and there is no net increase or decrease in the number of affected legal parcels. Conclusion: This proposal satisfies Criterion A. B. The property line adjustment shall not create a landlocked lot or parcel. Finding 2: The subject parcels are undeveloped and vacant with frontage on a private road(Weyerhaeuser Road). The applicant is retaining an existing easement across the Weyerhaeuser Road to afford legal and physical access to the subject parcels. At such time as future urban development of the properties occurs, access to the subject area will require extension of public streets. Conclusion: This proposal satisfies Criterion B. 2 . . C. The property line adjustment shall not reduce an existing lot or parcel below the minimum lot size standard or reduce setbacks below the minimum established by the applicable zoning districts in the Code. Finding 3: In accordance with SDC 3.2-215,the minimum size for LDR parcels inside the City limits is 5,000 ft2 with at least 60 feet of frontage on a north-south street. Finding 4: In accordance with SDC 3.2-215, the minimum size for LDR parcels in the Urbanizable Fringe Overlay District(UF-10) is either 5 acres or 10 acres, unless a partition is approved. Finding 5: Currently, Parcel 1 is 42.4 acres and lies partially within the City limits. The current configuration of Parcel 1 provides about 1,709 feet of frontage on Weyerhaeuser Road. Upon property line adjustment, Parcel 1 would be 27.7 acres and entirely within the City limits. The reconfigured Parcel 1 would have about 1,311 feet of frontage on Weyerhaeuser Road. With the proposed property line adjustment, Parcel 1 would remain a conforming LDR parcel in accordance with the requirements of SDC 3.2-215. Finding 6: Currently, Parcel 2 is 13.8 acres and lies outside the City limits, but inside the Urban Growth Boundary (UGB). The current configuration of Parcel 2 provides about 995 feet of frontage on Weyerhaeuser Road. Upon property line adjustment, Parcel 2 would be 28.5 acres and have about 1,393 feet of frontage on Weyerhaeuser Road. The proposed dimensions and area of Parcel 2 meets the requirements of SDC 3.2-215 for parcels in the OF-10 District. Conclusion: This proposal satisfies Criterion C. D. The property line adjustment shall not violate any previous conditions the Approval Authority may have imposed on the lots or parcels involved in the application. Finding 7: The parcels proposed for property line adjustment are subject to existing easements for public utilities. No changes are proposed to the utility easements affecting Parcels 1 and 2. Finding 8: There are no active land use approvals for the subject parcels, therefore the proposal should not violate any conditions of approval imposed on the properties. Conclusion: This proposal satisfies Criterion D. E. The property line adjustment shall not detrimentally alter the availability of existing public and/or private utilities to each lot or parcel in the application or to abutting lots or parcels. Finding 9: The subject parcels contain existing utility lines within linear easements. The proposed property line adjustment should not affect the availability of utilities to serve the parcels. At such time as urban development occurs on the parcels,public utilities will be extended to serve the subject properties. Finding 10: According to the applicant's submittal, there is a pumphouse in the Weyerhaeuser Road alignment,just outside the southwest edge of Parcel 1. The pumphouse serves an existing settlement pond on Parcel 1. Because the two features are functionally connected, an easement across the Weyerhaeuser Road to benefit Parcel 1 will need to be provided. The existing easement covering the Weyerhaeuser Road corridor(Document#2009-021549, Lane County Deeds& Records) is not sufficient because it was intended "for road purposes" and does not provide for public or private utilities not already contained in easements. 3 Condition of Approval: 1. Prior to or concurrent with recording of the Final Survey, a suitable Utility Easement benefiting Parcel l and accommodating the settlement pond pumphouse and piping within the Weyerhaeuser Road shall be recorded and evidence thereof provided to the City. Conclusion: As conditioned herein,this proposal satisfies Criterion E. F. The property line adjustment shall not increase the degree of non-conformity of each lot, parcel or structure that is non-conforming at the time of application. Finding 11: The existing and proposed parcels are considered conforming at the time of application. Therefore, the proposed property line adjustment does not increase any degree of non-conformity for the parcels. Conclusion: This proposal satisfies Criterion F. CONCLUSION: Considering these findings of fact, staff finds the Property Line Adjustment complies with the criteria of SDC 5.16-125 and approves the application subject to the condition listed below. CONDITION OF APPROVAL: 1. Prior to or concurrent with recording of the Final Survey, a suitable Utility Easement benefiting Parcel 1 and accommodating the settlement pond pumphouse and piping within the Weyerhaeuser Road shall be recorded and evidence thereof provided to the City. SDC 5.16-140 — FINAL SURVEY SUBMITTAL, COMPLIANCE WITH CONDITIONS OF APPROVAL AND RECORDATION OF DOCUMENTS A. A Final Survey shall be prepared, stamped and signed by an Oregon registered Land Surveyor in accordance with ORS 92.010(7)(b),ORS 92.060(3)and ORS 209.250. B. One copy of the Final Survey shall be delivered to the Development & Public Works Department together with any conditioned documents. C. Once the Director and the City Surveyor have certified that all conditions listed under Preliminary Survey approval have been met,the Final Survey may be recorded at the Lane County Surveyor's Office. D. The owners of the lots included in the application shall record with Lane County Deeds and Records Property Line Adjustment deeds, as specified in ORS 92.190(4). The Property Line Adjustment deeds shall contain the names of the parties, the description of the adjusted line, reference to the original recorded documents, and signatures of all parties with proper acknowledgement. The Property Line Adjustment deeds also shall identify the Planning file number and shall contain a statement declaring that the purpose of the deeds is for a Property Line Adjustment. Reference to the affected properties by map and tax lot number shall be in addition to reference by legal description. In the case of serial Property Line Adjustments processed under Type II procedure, each Property Line Adjustment deed for the lots or parcels in the series shall be recorded separately, in the sequence of City approval. E. A copy of the recorded Final Survey and deeds shall be delivered to the Development & Public Works Department together with any recorded documents that may have been required as a condition of approval. SDC 5.16-145—EXPIRATION OF APPROVAL The Property Line Adjustment shall become null and void if: 4 A. The Final Survey and any conditions of approval have not been submitted to the City in a complete form within 90 days of the date of Preliminary Approval (i.e. by September 3,2013); or B. The Final Survey is not submitted to the Lane County Surveyor within 30 days of the City approval; or C. The Property Line Adjustment deed or other conditioned documents have not been recorded with Lane County Deeds and Records with the Final Survey. 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& Public Works Department, 225 Fifth Street, Springfield, Oregon. Questions: Please call Andy Limbird in the Development & Public Works Department at (541) 726-3784 or email alimbird@a,springfield-or.gov if you have any questions regarding this process. Prepared By: A dy Limbird Senior Planner 5 . • • SPRINGFIELD CITY OF SPRINGFIELD DEVELOPMENT SERVICES aff PLANNING DEPARTMENT OREGON 225 FIFTH STREET SPRINGFIELD, OR 97477 Daniel Baker, PLS Baker & Associates Surveyors 1574 Coburg Road, PMB 144 Eugene, OR 97401 ......... .... ... . SPRINGFIELD CITY OF SPRINGFIELD DEVELOPMENT SERVICES PLANNING DEPARTMENT OREGON 225 FIFTH STREET SPRINGFIELD, OR 97477 Craig Yocom Weyerhaeuser Company PO Box 275 Springfield, OR 97478 aidc,,e_iiim(tA4*._