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HomeMy WebLinkAboutNotice PLANNER 9/25/2007 , ~ / AFFIDAVIT OF SERVICE srATE 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 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 ~~U~~ 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 ~ ?rn MN) , I JI//2)ZOOfl. I I My Commission Expires ~--:=:-~~'C'2' .~"~~~ '. , OFFICIAL SEAL ~ . l:1 '- I NOTA~ANORA MARx MY COMMYd;yg~~oOREGON .. _::::.::... _ ~~MISSION EXPIRES~~25 [ , - ~,~..,.."..~..".v_'2,200B I -~...- -'S..0 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: 2 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 3 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 4 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 5 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 6 Property LIne Adjustment SUB 2007-00037 September 21,2007 " .. ~. , .. . I DEVELOPMENT SERVICES PLANNING DEPARTMENT 225 FIFTH STREET SPRINGFIELD, OR 97477 SC Spr1ugfield LLC Jeff Bell 7510 Longley Lane, Suite 102 Reno, NV 89511 . L".' .. . . , . ,. . . 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 . , CITY OF SPRINGFIELD DEVELOPMENT SERVICES DEPARTMENT 225 5th ST SPRINGFIELD, OR 97477 Satre Assoclates Rlchard Satre 132 East Broadway, SUlte 536 Eugene, OR 97401 -.. '.!!