HomeMy WebLinkAboutNotice PLANNER 9/25/2007
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AFFIDAVIT OF SERVICE
srATE OF OREGON)
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County of Lane )
I, Karen LaFleur, being first duly sworn, do hereby depose and say as follows
1 I state that I am a Prograrn 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 51)132001-00037 - ~..l ~:~,l'..'uu.;m. -PU'c - ::t:.. "5~
(See attachment "A") on qj24- ,200 addressed to (see
Attachment B"), by causing said letters to be placed In a U S mall box with
postage fully prepaid thereon
LLC
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STATE OF OREGON, County of Lane
C}d11": ;;{ 5' ,2007 Personally appeared the above named Karen LaFleur,
Prog~;~Chnlclan, who acknowledged the foregOIng Instrument to be their voluntary act
Before rne
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NOTICE OF DECISION - PROPERTY LINE
ADJUSTMENT
DATE OF LETTER
September 24, 2007
JOURNAL NUMBER
SUB2007-00037
Owner
CIvil Enclneennc Consultant
Property 1
SC Springfield LLC
cia Jeff Bell
7510 Longley Lane, SUite 102
Reno, NV 89511
Branch Engineering, Inc.
cia Lane Branch
31 0 5th Street
Spnngfield, OR 97477
Planner/Landscaoe Architect
Property 2
SC Sprmgfield LLC
cia Jeff Bell
7510 Longley Lane, SUIte 102
Reno, NV 89511
Satre Associates, P.C.
cia Richard M Satre, AS LA, AICP
132 East Broadway, SUIte 536
Eugene, OR 97401
Aoohcant
Prooertv Location
SC Sprmgfield LLC
cia Jeff Bell
7510 Longley Lane, SUIte 102
Reno, NV 89511
Property 1
Marcola Road (no address)
Spnngfield, OR 97477
Assessor's Map 17-03-25-11, Tax Lot
#2300
Property 2
2025 31s1 Street
Spnngfield, OR 97478
Assessor's Map 17-02-30-00, Tax Lot
#1800
DESCRIPTION OF PROPOSAL,
ThiS apphcatlon proposes to relocate the common property hne between tax lot #1800,
Assessor's Map No 17-02-30-00 and tax lot #2300, Assessor's Map No 17-03-25-11 Both tax
lots are owned by SC Spnngfield LLC ThiS apphcatlon IS being reViewed under a Type I
process because it Involves the relocation of only one cornmon property hne The purpose of
thiS apphcatlon IS to create a tract of land (shown as "Property 2" on the Prehmlnary Survey) that
can be conveyed to a second party
SITE INFORMATION AND BACKGROUND
1 The subject site IS located north of Marcola Road and west of 28th/31st Streets, IS located
entirely Within Spnngfield's city hmlts, and contains an eXisting, vacant bUilding which IS
proposed to be demohshed
2 On June 18, 2007, the City Council approved amendments of the Metro Plan designations
(LRP 2006-00027) whIch are now Community Commercial, Medium Density
Residential/Nodal Development Area, and Commercial/Nodal Development Area, and
amendments of Spnngfield's ZOning Map (ZON 2006-00054) which are now Community
Commercial, Medium Density Residential, and Mixed Use Commercial The majonty of
"Property 2", which IS proposed to be conveyed, IS zoned Community Commercial, the
remainder IS zoned Mixed Use Commercial Resolution of any potential zOning Issues
andlor conditions of approval contained In Ordinance 6196 shall be addressed In a deed
restnctlon, which will be required as a condition of approval of this application This deed
restnctlon will Include speCific Issues raised In this staff report as well as other Issues listed
In the draft deed restnctlon submitted by the applicant as an attachment to the letter
discussed below
3 ThiS application was submitted on July 20, 2007 On August 3, 2007 staff sent the applicant
a letter stating the Property Line Adjustment could not be processed before Master Plan
approval for the follOWing reasons
a The exact zOning boundanes have not been surveyed,
b The exact location of the collector street has not been established, and
c Utility easements, JOint use access easements, JOint use parking easements and other
pOSSible property Issues cannot be detemllned until staff has reviewed the Master Plan
application and has at least some Idea where utilities Will be located, access IS approved
and parking Issues resolved
4 On September 12, 2007, the applicant submitted a letter requesting staff to reconsider
processing thiS application stating that the Issues listed above can be addressed by utiliZing
a deed restnctlon on the proposed "Property 2" Staff concurs conceptually With the With the
draft deed restnctlon submitted With the letter The reqUired deed restnctlon shall be
reViewed and approved by the City Attorney pnor to recording Final Survey
5 Since both the applicant and staff are In agreement on the deed restnctlon condition, staff
Will now proceed With processing thiS application
DECISION
Prelimmary Plan approval With conditions is granted as of the date of this report.
Preliminary Plan approval expires 90 days from the date of thiS report Final Map Approval shall
be granted upon receipt of the Final Map delivered to the Development Services Department
together With any documents reqUired as a condition of approval
CRITERIA OF APPROVAL IS DC 33.060\
The application shall be approved, approved With conditions, or denied based on compliance
With the cntena of Section 33 060 of the Spnngfield Development Code (SDC) SDC 33 060
states that "the Property Lme Adjustment shall not:
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Property Lme A4Justment
SUB 2007-00037
September 21,2007
(1) Create a new lot or parcel;"
Finding 1: This proposal relocates the common property line between two eXisting parcels,
upon approval of this application, there will stili be two parcels ThIs Property Line Adjustment
will not create a new lot or parcel
Conclusion The proposed Property Line Adjustment complies with Cntenon 1
"(2) Create a landlocked lot or parcel;"
Fmding 2. Tax lots #1800 and #2300 currently have frontage on Marcola Road In excess of the
60 foot-wide front standard of 60 feet speCified In SDC 18030(2) and 41 030(1) The proposed
Property Line Adjustment will Increase the Marcola Road frontage of 'Property 1" to
approximately 1200 feet and will reduce the frontage of 'Property 2" to 80 feet
Fmding 3: There was uncertainty concerning how the northwest corner of 'Property 2" would
align with the proposed collector street (Martin Dnve) The applicant states that direct frontage
on the Martin Dnve IS not requested as part of this application and that the 'Property 2" prOVides
direct frontage to eXisting Marcola Road The also applicant states that any connection to the
proposed Martin Dnve will be by easement and/or future property line adjustment or land
divIsion process
Findmg 4 Upon approval of this application, both properties will continue to exceed the
minimum street frontage along Marcola Road This Property Line Adjustment will not create a
new landlocked lot or parcel However, In order to resolve the Martin Dnve connection Issue,
the required deed restnctlon shall speCify how connection to Martin Dnve may occur
Concll!~lon As conditioned, the proposed Property Line Adjustment complies with Cntenon 2
Condition of Approval
1 The final wording of the deed restnctlon language regarding future connection to Martin
Dnve shall be reviewed and approved by the City Attorney
"(3) Reduce an eXIsting lot or parcel below the minimum size standard or reduce
setbacks below the minimum established by the applicable zonmg districts m this
Code;"
Finding 4 Portions of both tax lots are zoned Community Commercial and Mixed Use
Commercial SDC 18030(3) and 40 030(1) state that the minimum lot size In the Community
Commercial and Mixed Use Commercial Dlstncts IS 6,000 square feet Currently, both tax lots
exceed these minimum lot size requirements Upon approval of this application, "Property 1" will
contain approximately 86 acres and "Property 2" will contain 1429 acres However, the exact
zOning boundanes have not been determined In order to resolve this Issue, the required deed
restnctlon shall state how the zOning boundary Issue will be resolved
Fmdmg 5 Currently, there IS an eXisting bUilding on tax lot #2300 which exceeds the front yard
setback of 10 feet as speCified In SDC 18050(1)(a) and 40050(1) In commercial zOning
dlstncts, there IS no Intenor Side or rear yard setbacks unless the property abuts reSidential
property Currently, the eXisting bUilding does not abut a reSidential zOning dlstnct
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Property Lme A4Justment
SUB 2007-00037
September 21,2007
Finding 6 Upon approval of this application, the eXisting bUilding will straddle the proposed
relocated property line BUildings are tYPically not allowed to straddle property lines Future
development plans for both tax lots show the removal of the eXisting bUilding In order to
resolve thiS Issue, the required deed restnctlon shall specify that the bUilding shall be removed
pnor to the Issuance of any building pemuts
Conditions of Approval:
2 The final wording of the deed restriction language regarding the how the zomng boundaries
will be determined shall be reviewed and approved by the City Attorney
3 The final wording of the deed restriction language regarding the removal of the eXisting
bUilding shall be reviewed and approved by the City Attorney ,
ConclUSion As conditioned, the proposed Property Line Adjustment complies With Criterion 3
"(4) Violate any previous conditions the Approval Authonty may have imposed
on the lots or parcels involved In the application;"
Findmg 7: The Zomng Map amendment Cited above contained 14 conditions of approval that
apply to both tax lots Staff's Intent IS that these conditions continue to apply to both "Property
1" and "Property 2" The deed restriction discussed above shall assure compliance With the
Intent of the prevIous conditions of approval
Condition of Approval:
4 The final wording of the deed restriction language regarding compliance With the Zomng Map
conditions of approval shall be reviewed and approved by the City Attorney
ConclUSion As conditioned, the proposed Property line Adjustment complies With Criterion 4
"(5) Detrimentally alter the availability of eXIstIng public or private utilities to each
lot or parcel in the applIcation or to abutting lots or parcels;"
Finding 8' EXisting public and private utilities are available to serve both tax lots as confirmed
In the Master Plan Pre-Application Report meeting held on September 6, 2007 ThiS application
Will not detrimentally alter the availability of eXisting public or private utilities to "Property 1"
and/or "Property 2" However, development of "Property 1" and "Property 2" IS proposed to
occur In phases which must be addressed as conditioned In the Zoning Map approval discussed
under Criterion (4) The location of utilities required to serve the proposed development must
be coordinated and various easements Will be required over those utilities crossing both tax lots
The deed restriction required as a condition of approval of thiS application shall assure that both
"Property 1" and/or "Property 2" can be served by public and private utilities
Condition of Approval.
5 The final wording of the deed restriction language regarding service by public and private
utilities shall be reviewed and approved by the City Attorney
ConclUSIOn As conditioned, the proposed Property Line Adjustment complies With cnterlon 5
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Property Lme Adjustment
SUB 2007-00037
September 21,2007
"(6) Increase the degree of non-conformIty of each lot, parcel or structure that IS
non-conforming at the time of applIcatIon. "
Finding 9: The minimum lot size In the commercial dlstncts applicable to this application IS
6,000 square feet and both tax lots greatly exceed the minimum standard as discussed under
Cntenon (3) Currently, neither tax lot #1800 or #2300) IS non-conforming regarding parcel-size
Finding 10 The eXisting bUilding on tax lot #2300 meets the setback standards as discussed
under Cntenon 3 As of July 20, 2007 (at the time of application) the eXisting building was not
non-conforrmng
Finding 11: As noted In Condition of Approval #3 of this report, the eXisting bUilding IS required
to be removed pnor to the Issuance of any bUilding permits Once the eXisting bUilding IS
removed, there Will be no Issue concemlng non-conformity
ConclUSion The proposed Property Line Adjustment complies With Cntenon 6
CONCLUSION
Based on these findings of fact, and as conditioned, staff finds Property Line Adjustment
SUB2007-00037 complies With the cntena of SDC 33060 and IS therefore approved With the
conditions
WHAT NEEDS TO BE DONE BY THE APPLICANT TO OBTAIN FINAL APPROVAL
Within 90 days of the date of thiS letter the follOWing conditions and procedures shall be
met:
1. The Final Map shall be submitted to the Planning Department prior to recording the
Property Line Adjustment With the County
2 A draft deed restnctlon shall be submitted to the Planning Department for review by
the City Attorney.
3 The 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
4. The Final Survey may be recorded at the Lane County Surveyor's Office after
compliance With all of the conditions of approval in thiS decIsion is confinned.
5. The owners of the parcels Included in the application shall record With Lane County
Deeds and Records Property Line Adjustment deeds, as specified in ORS 92190(4)
The Property line Adjustment deeds shall contain the names of the parties, the
description of the adjusted line, reference to original recorded documents and
signatures of all parties With proper acknowledgment The Property Line Adjustment
deeds shall also 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. Easements shall be corrected as necessary
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Property Lme Adjustment
SUB 2007-00037
September 21 2007
6. Two copies of the recorded Final Survey, easement(s) and deeds shall be delivered to
the Development Services Department
7. The applicant shall be responsible for recording the deed restriction at Lane County
Deeds and Records and returmng a copy of the recorded document to the City.
EXPIRATION OF APPROVAL
The Property Line Adjustment preliminary approval shall become null and VOid If
1 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 Survey approval, or
2 The Final Survey IS not submitted to the Lane County Surveyor Within 30 days of the City
approval, or
3 The Property line Adjustment deed or other conditioned documents have not been
recorded With Lane County Deeds and Records With the Final Survey
QUESTIONS
Please call Gary M Karp In the Development Services Department at (541) 726-3777 If you
have questions regardIng this application
Prepared by
/,4'
Gary Karp F' (
Planner III
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Property LIne Adjustment
SUB 2007-00037
September 21,2007
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DEVELOPMENT SERVICES
PLANNING DEPARTMENT
225 FIFTH STREET
SPRINGFIELD, OR 97477
SC Spr1ugfield LLC
Jeff Bell
7510 Longley Lane, Suite 102
Reno, NV 89511
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CITY OF SPRINGFIELD
DEVELOPMENT SERVICES DEPARTMENT
225 5th ST
SPRINGFIELD, OR 97477
Branch Englneerlng
310 Flfth Street
Springfield, OR 97477
Af\.J' l.atrt e.. -e, r M1c..h
CITY OF SPRINGFIELD
DEVELOPMENT SERVICES DEPARTMENT
225 5th ST
SPRINGFIELD, OR 97477
JHB, Inc.
7510 Longley Lane, SUlte 102
Reno, NV 89511
Attn. Jeff Belle, President
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CITY OF SPRINGFIELD
DEVELOPMENT SERVICES DEPARTMENT
225 5th ST
SPRINGFIELD, OR 97477
Satre Assoclates
Rlchard Satre
132 East Broadway, SUlte 536
Eugene, OR 97401
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