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Home My WebLink AboutNotice PLANNER 9/18/2013 r i, RECEIVED SEP 1 S 2013 AFFIDAVIT OF SERVICE ' 0# pa_ocica2 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 Tyrci3-owti ` ?0.6"et /aeetauxi - Pu4 -C�wr�rw-N-d (See attachment "A") on 91 18 , 20tS addressed to (see 'a"'e "-'5 Attachment "B"), by causing said letters to be placed in a U.S. mail box with postage fully prepaid thereon. Karen LaFleur STATE OF OREGON, County of Lane cc gp i h,✓ IR , 2013. Personally appeared the above named Karen LaFleur, Program Technician, who acknowledged the foregoing instrument to be their voluntary act. Before me: , N _ OFFICIAL SEAL MiSTY DAWN MOTTOS No c My Commission Expires: fata,I15 C0MMISSi0M rm.484415 NY COMES=MU OIWmo _ • • • SPRINGFIELD TYPE I PROPERTY LINE ADJUSTMENT ints. STAFF REPORT & DECISION Project Name: Cummins Investments Property Line Adjustment Nature of Application: Proposal to adjust the common property line between Lots 1 and 2 of Thurston Place Subdivision. • Case Number: TYP1 13-000 1 7 Project Location: 5211 and 5233 High Banks Road, Map and Tax Lots 17-02-28-34 00900 and 01000 • Current Site Conditions: The site is located on the south side of High Banks Road. Both lots are • currently vacant and are zoned LDR Low Density Residential. Although Tax Lot 900 has frontage on High Banks Road, Condition 26 of Thurston Place Subdivision(DRC2005-00022) limits access to the shared joint use access easement that serves Lots 1-4. Each lot has a building permit for a single family residence • pending approval of this Property Line Adjustment. Zoning: Low Density Residential (LDR) Metro Plan Designation: LDR Refinement Plan Designation: None Zoning of Surrounding Properties: LDR to the South, East and West; Light Medium Industrial to the North Associated Applications: Building permits S13-01420 and 01422 Application Submitted Date: July 18, 2013 Decision Issued Date: September 18,2013 Recommendation: Approval Property Owner 1: Property Owner 2: Troy Cummins Same as Owner 1 Cummins Investments, LLC 31221 Osprey Road Lebanon,OR 97355 Applicant: Applicant's Representative: Same as Owner 1 Scott Morris Olson& Morris 380 Q Street,Suite 200 Springfield,OR 97477 • • TYP113-00017 Property Line Adjustment 1 • • ' Development Review: Tara Jones Planning Division (541)736-1003 John Driscoll Surveying Division (541)726-3679 Clayton McEachem Engineering Division (541)736-1036. Gilbert Gordon Fire &Life Safety (541)726-2293 Chris Carpenter Building Division (541)744-4153 Michael Liebler Transportation Division (541)736-1034 Bart McKee SUB Water (541)736-2396 Sanjeev King SUB Electric (541) 726-2395 • Applicant's Proposed Property Line Adjustment: TENTATIVE LOT LINE ADJUSTMENT FOR CUMMINS INVESTMENT LLC • \ r SW 1/4 SEC.2& 71175, R.2W. M.M. / TAX LOTS 900 & 1000 OF TXURSPoN PLACE S SPRINGFIELD, LONE.EOUXTY, OREGON • SURVEYED: JUNE 8, 2007 ___ -- AREA OF RIGHT-OF-WAT ',,Ss �� `0°4'3202" IT _ RL+79.593' '� DEDICATION PER CSF 8 AL=09.52' ` 40563 $ CH-95'59'42"E 'R CL-09.50' 3 _ tiny bNr` BICB BAN Ra N8P477 isc?---: O R ▪NEB! C-0'44'34" x—= �[ ' 4 R-1004.93' • LOT 1 1219' ! AL=13.03' CURB k GUTTER . J TL 900 • , CH-575'38'00"E "c; 9,406 SF 4° WASiEWATP(8 PAW CL-13.03' ---.-------.----.179.SF)LATERAL `b (586'53'55T 929 b+ ' PUBLIC WA EWA _ _ SYSTEM ' ¢4�002.SSw ' 26.00' PRIVATE N I b-O L D LOT U N ACCESSU&vr 559'50'00W 78.94 a 1 UTILITY EASEMENT 0s LOT 2 TL 1000„I I I I TL 1100 y 5,421 Sr o I 1 3,(6,648 SF) gl� I 1 20.00' PAVED NOTES & RESTRICTIONS 54.- I ORNEWAY I. PROPERTIES ARE ZONED UN LOW DENSITY RESIDENDAL AS WELL / W - LEGEND AS ADJACENT PROPERTIES. ,> .T. 11Ym o 4' WASTEWATER 2. THERE ARE NO IX4TNG STRUCTURES ON THE SUBJECT LOTS. - LATERAL - - ADJACENT PROPERTY 8 - - IXISING CENTER UNE 3. EXCEPT FOR THE JOINT-USE HNEWAYS DEPICTED ON THIS PUT. NO TL 1200 DIRECT ORNEWAY ACCESS TO HIGH BRATS ROAD SHAM BE PERMITTED. IXISBNG LOT UNE k I 4. NO BUILDING, STRUCTURE,TREE, SHRUBBERY BOUNDARY LINE XRVNBARY BLI OTHER OBSTRUCTION SHALL RE PLACED ON OR IN A PUBLIC UTUTY EASEMENT. • pROPoSED LOi UNE 5. THE SUBJECT LOTS WERE CREATED AS PART OF IHURSTON PLACE \ ( ) PROPOSED DIMENSION/ SUBDIVISION,CSF 40563. RECORDED ON JUNE 14, 20D1 I SOUARE FOOTAGE \\\ ASSESSOR'S MAP 17-02-28-34 TAX LOTS 900& 1000 OLS 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 TYP113-00017 Property Line Adjustment 2 • • 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. DESCRIPTION: This Property Line Adjustment proposes moving a common property line between Lots 1 and 2 of Thurston Place Subdivision. The purpose of the Property Line Adjustment is to enlarge Lot 2 to make it a more buildable lot. The Applicant's Narrative states that"the current configuration of Lot 2 makes it very difficult to design a house plan that will meet setback requirements. Since Lot 1 is a very large lot,the best solution is to move the northern property line of Lot 2,thus creating a larger building area for a house". 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: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 subdivision lots. There is no net increase or decrease in the number of affected legal lots. Conclusion: The proposal satisfies Criterion A. B. The Property Line Adjustment shall not create a landlocked lot or parcel. Finding: Lot 1 has frontage on High Banks Road. Lot 2 has thirteen feet of frontage on High Banks Road which is half of a shared panhandle that serves Lots 1-4 of Thurston Place Subdivision. The shared panhandle is covered by a private Joint Use Access and Utility Easement. This Property Line Adjustment does not propose any changes to this easement. This proposal does not create a landlocked lot or parcel. Conclusion: The proposal satisfies Criterion B. 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: In accordance with SDC 3.2-215,the minimum size for lots in the LDR District is 4,500 square feet on an east-west street. Currently Parcel 1 has 9,406 square feet of area. Under this Property Line Adjustment it will have 8,179 square feet. • Finding: The minimum lot size for a panhandle lot is 4500 square feet in the pan portion of the lot. Currently Parcel 2 has 5,421 square feet of area. Under this Property Line Adjustment it will have 6,648 square feet of area. Finding: Both adjusted lots exceed the square footage minimums of SDC 3.2-215. Conclusion: The 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. TYP113-00017 Property Line Adjustment 3 Finding: Condition 26 of the Tentative Approval of Thurston Place Subdivision(DRC2005- 00022)states that"Except for proposed joint-use driveway depicted in the subdivision plan, no direct driveway access to High Banks Road shall be permitted...".This Property Line Adjustment does not change the access to High Banks road and therefore does not conflict with this condition. 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: This Property Line Adjustment does not change any existing utilities or easements that serve the affected or abutting lots. Conclusion: 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: Neither lot involved in this Property Line Adjustment is non-conforming. Conclusion: The 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. 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 Services 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 deed 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 TYP113-00017 Property Line Adjustment 4 • 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 and 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: A. The Final Survey and any condition 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 December 18, 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 and Public Works Department,225 Fifth Street, Springfield, Oregon. Questions: Please call Tara Jones in the Current Development Division at(541) 736-1003 or email tjones@springfield-or.gov if you have questions regarding this process. Prepared By: Tara Jones • Planner - • TYP113-00017 Property Line Adjustment 5 • SPRINGFIELD - j'tITY,OF_.SP,RINGF,IEL'U7, rT l °4 DEVELOPMENT SERVICES ?•; Ot% .,,r PLANNING DEPARTMENT OREGON 225 FIFTH STREET SPRINGFIELD, OR 97477 Scott Morris Olson & Morris 380 Q Street, Suite 200 - -__ Springfield, OR 97477 • SPRINGFIELD F'CITY..OF;SP,RINGFIELD DEVELOPMENT SERVICES " S - PLANNING DEPARTMENT -' `- OREGON 225 FIFTH STREET .. SPRINGFIELD, OR 97477 Tro"" Cummins Cummins Investments, LLC 31221 Osprey Road Lebanon, OR 97355 1 . I I •