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HomeMy WebLinkAboutNotice PLANNER 9/13/2006 \ '. Lfludd) AFFIDAVIT OF SERVICE 5T A TE OF OREGON } }ss. County of Lane } I, Brenda Jones, being first duly sworn, do hereby depose and say as follows: 1. I state that I am a Secretary for the Planning Division of the Development Services Department, City of Springfield, Oregon. 2. I state that in my capacity as Secretary, I prepared and caused to be mailed copies of Notice of Decision; Serial Property Line Adjustment; SUB2006-00048 See attachment "AU) on September 13,2006 addressed to (see Attachment "B"), by causing said letters to be placed in a U.S. mail box with postage fully prepaid thereon. Brenda Jones Planning Secretary irATE OF OREGON, County of Lane _;7, ,2006 Personally appeared the above named Brenda Jones, ecretary, who acknowledged the foregoing instrument to be their voluntary act. Before me: ' ' ~--------omci;;;-----f ;'.' SANDRA MARX j I\., ' NOTARY PUBLIC - OREGON j 1 '" COMMISSION NO. 385725 i I MY COMMISSION EXPIRES NOV, 12.2008 , ~~~-~------------~ ~)n~ My Commission Expires: ~t/i2.log ~. Date Received:9Jl1 D~ Planner: LM ~~ . Notice of Decision - Serial Property Line Adjustment Type II 'I APPLICANT. . I David Spies f Oregon Industrial Lumber Products . P.O, Box 1442 .' I Springfield. OR 97478 APPLICANT SURVEYOR I I I I 1 J Jeannie L. Hunt Weyerhaeuser Company 785 42"' Street I Springfield. OR 97478 Steven Woods . Ford & Associates I P.O. Box 22735 Eugene, OR 97402 Project'Name: Serial Property Line.Adjustment - Oregon Industrial Lumber/Weyerhaeuser Project Proposal: Relocate the following property lines: I. Adjust property line between Tax Lot 2400 and Tax Lot 1300 approximately 270 feet to the east:' . 2. Adjust property line between Tax Lots 2400 and 3500 running east/west to north/ south configuration at the west edge of tax lot 3500. . Case Number: SUB2006-00048 Project Location: 3950 Marcela Road and two vacant parcels to the south of this address. the property is more accurately described as Assessor's Map 17-02-19 Tax Lot 3500, Assessor's Map 17-02-20 Tax Lot 1300 and Assessor's Map 17-02-30 Tax Lot 2400. Zoning: HeaVy Industrial Metro Plan Designation: Heavy Industrial Pre-Submittal Meeting Date: N/A Application Submitted Date: August 7, 2006 . Decision Issued Date: September 13. 2006 ,Recommendation: Approval with Conditions Appeal DE:>adline Date: September 29, 2006 Associated Applications: DRC2006-0003 J Site Plan Review Modification Minor Date ReCeiVed:~6&. Planner: LM . . Serial Property UneAdjustment SUB 2006-00q48 J Hayd~~ Bridge Road Marcola Road , Lot I 300 Lot3500 Lot 2400 Decision: Preliminary Property Line Adjustment approval with conditions,. 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 Survev submittal must conform to the submitted olans as 'conditionec' herein. This is. a limited land use decision made according, to city code and state statutes. Unless appealed, the decision is final. Please read this docume~t carefully. Other Uses That Ma'; Be Authorized Bv the Decision:. None. The proposed 'Property Line Adjustment as conditioned is in accordance with SDC Article 33. Future development will be in accordance with the. provisions of the SDC, filed ea~ements and agreements, and all applicable local, state and federal regulations. . . Review Process: Thi;; application is reviewed under Type. II procedures listed in SDC 3.080 and the Proper'ty Line Adjustment Criteria of Approval, SDC 33.060. A complete application was accepted by the Director prior to the review of the request as specified in Section 3.050, Application Submittal, and contained all information required to begin the review process' in accordance with SDC Article 3 and 33. This application was accepted as complete on August . 14, 2006. This decision is issued on the 3 I st day ofthe 120 days mandated by the state. , l . ProoosallSite Information: The subject property is located north of Marcola Road and west of Hayden Bridge Road. The two parcels owned by Weyerhaeuser were formerly railroad right-of-way owned by Southern Pacific Company and sold to'Weyerhaeuser in 1960 and 1963. This area is currently being used as a gravel parking lot .fo~ employees of Oregon Industrial . Lumber and also contains the Oregon Industrial Lumber office building. A portion of a 14,000 . square foot building on Oregon Industrial. Lumber 'property also extends onto the. Weyerhaeuser property. A 1989 Site Plan Review done by the City of Springfield required paving of the parking area, and a current 2006 Minor Site Plan M::~::~:~::~{rJa;!D& Senal Praperty Une Adjustment SUB 2006-00048 Planner: LM . 2 and improvements to the parking area in conjunction with obtaining a building permit for a new canopy building on another portion .of Oregon Industrial Lumber Products property. . The owners request Property Line Adjustment approval in ord",r to include the buildings, access and parking lot used by Oregon Industrial Lumber products on property in their ownership. Comments Received: Applications for Limited Land Use Decisions require the notification of property ownersloccupants within 300 feet of the proposed development and allow for a 14- day comment period prior to the staff decision [SDC 3.080 and 14.030]. The applicant and parties submitting written comments during the notice period have appeal rights and are mailed . a copy of this decision for consideration. In accordance with SDC 3.080 and 14.030, notice was sent to ownerloccupants within 300 feet of the subject site o'n August 14, 2006: One written comment was received in response to the Notice. Comment: Kate Bergman. Electric Distribution Engineering, Eugene Water and Electric Board 500 East 4'h Ave . Eugene, OR 9740 I "EWEB Electric Distribution has no objection to lot line adjustments on Serial Property Line Adjustment application on Marcola Road and Hayden Bridge Road in Springfield. . All existing EWEB easements to remain." Response:. This application and the propose~ property line adjustments do not propose to alter any existing easements.. SDC 33.050 Preliminary Survey Drafting Requirements SDC 33.050 (2)(d) states: A draft of-the Property Line Adjustment deeds. For serial Property Line Adjustments reviewed under Type II procedure, separate deeds shall be required fO,reach adjustment: . . .. SDC 33.050 (2)(e) states:, For serial Property Line Adjustments reviewed under Type II procedure, the following shall be submitted: I.A written explanation of the sequencing of adjustments; and 2. A diagram identifying each adjustment, in sequence, cross referenced to the Property Line Adjustment deeds required in Subsection (d) abo~e~ . Finding: The applicant. proposes two property line adjustments. Draft Property Line Adjustment deeds have been submitted with a written description and a diagram identifying each . adjustment, in accordance with SDC 33.050 (2)(e). " . , . SDC 33.060 Criteria of Approval The application.as submitted complies with the code' standards' unless o.therwise noted with specific findings and condition~.' Criterion I . The Property Line Adjustment shall not create:a new/ot' or parcel. Serial Praperty Une Adjustment , SUB 2006-00048 . .Date_Ved'. . Planner: LM . . ". 3 Finding: Tax Map 17-02-20-00 Tax Lot 01300 is shown on the assessor's map beginning on the west side of Hayden Bridge Road, extending across the road, crossing the McKenzie River and continuing on to the edge of Old Mohawk Road. .. Finding: Two legal lots exist currently under this assessor's map number according to criteria provided by Don Nickell of Lane County Planning. A legal lot exists. when a unit of land is created by the claim of intervening state or federal ownership of navigable streams, meandered lakes or tidewaters. . Finding: The property line adjustment does not create a new ,legal lot or parcel. Conclusi,on: Criterion 1 is met. Criterion 2 The Property Line Adjustment shall not create a landlocked lot or parcel. Finding: Currently Tax Lot 3500 does not have direct access to Marcola Road. The proposed Property Line Adjustment will give T ax Lot 3500. direct access to Marcola Road and it will no longer be landlocked. Lots 1300 and 2400 will continue to froryt the roadway. . , , Finding: An access easement to Lane County exists on tax lot 1300 for Hayden Bridge Road. Condusion: 'Criterion 2 is met. Criterion 3 The Property Line Adjus~ment shall not reduce an existing lot or parcel below the minimum lot size stondard or reduce setbacks below the minimum established'by the applicable zoning districts in the Code. , Finding: SDC 20.030 requires a minimum lot size of 10,000 square' feet with' a minimum of 75 feet of street frontage for Industrial lots. Finding: The proposed serial property line adjustment wijl result in three parcels with the following areas: I Area I I. 38,768 square feet ,I 2. 54,885 square feet I 3.561,488 square feet i I Frontage 500 feet I 1,170 feet (approx.) I 850 (approx.) , I Conclusion: The proposed parcels meet the minimum industrial lot size, frontage and setback requirements of SDC 20.030 an9 20.040. The proposal meetS Criterion 3. I Criterion 4 . The Property Line Adjustment shall not violate any previous conditions the Approval Authority may have imposed on the lots or parcels involvelJ in the application. Serial Property Une Adjustment _ SUB 2006-00048 , Date Reeeived:!Lfnl 0& Planner: LM 4 Finding: The Approval Authority has imposed a previous condition that the parking area being used by Oregon Industrial Lumber Products be paved and improved to Springfield Development , Code Standards. This condition was imposed in both a 1989 Site Plan Review Oournal 89-03- 51) and a Site Plan Modification (DRC2006-00031). ' Conclusion: This Serial Property Line Adjustment will facilitate the completion of this previously imposed condition by allowing the property required to be improved to be within the ownership of Oregon Industrial Lumber Products.' ' Criterion 5 The Property Line Adjustment shall not detrimentally alter .the availability of existing public andlor private .utilities to each lot or parcel in the application or to abutting lots or parcels., . , Finding: No alteration of existing public and'/or private utilities is proposed. Currently no street side public. utility easement exists. . , . Condition: In' order to assure that all parcels can be served by utilities, Springfield Utility . Board requires a T street,side PUE be recorded for the three parc",ls invol-ied in,this application. ConClusion: As conditioned, Cr'iterion 5 has been met. . Criterion 6 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: The Property Line Adjustment will not increase the.degree of non-conformity of any of the lots or structures. ,. . Conclusion: Criterion 6 has been met. , Conclusion Consideri~g these findings of fact, staff finds the.Serial Property Line Adjustment cOmplies with the criteria 'of the Springfield Development Code, Section 33.'030 and approves the application with the conditions specified above. SDC 33.090 Final Survey Submittal, Complial)ce with Conditions of Approval and Recordation of Documents (I) A Final Survey shall be prepared, stamped and signed by an Oregon registered land Surveyor in accordance with ORS 92.0 I 0 (7)(b), ORS 92.060 (3) and ORS 209.250. (2) .One copy of the Final Survey shall be delivered to the Development Services _ ' Department together with any conditioned documents. (3) Record a 7' Street Side Public Utility Easement Document for the three parcels . involved in this Property Line Adjustment. , . ,. /),/1)' . Date Rec:eived;~-&- Planner: LM Serial Praperty Une Adjustment SUB 2006-00048 5 (4) 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. (4) The .owners of the lots or parcels 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 shall also identify the Plannil'!g file number and shall contain a statement declaring. 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. (5) A copy of the recorded Final Survey and deeds shall be delivered to the Developm<:lnt Services Department together with any other recorded documents that may have been required as a condition of approval. SDC 33.100 Expiration of Approval The Property Line Adjustment shall become null and void if: (I) 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; 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. 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 at a cost of $0.75 for, the first page and $0.50 for each additional page at the Development Services Department, 225 Fifth Street, Springfield, Oregon. Anneals: If you wish to appeal this Type II Limited Land Use - Serial Property Line Adjustment decision, your application must comply with SDC Article I 5, APPEALS. Appeals must be submitted on a City form and a fee of $250.00 must be paid to the City at the time of submittal. ' The fee will be returned to the appellant if the Planning Commission approves the appeal ,application. ' In accordance with SDC 15.020 which provides for a 15 day appeal period and Oregon Rules of Civil Procedures, Rule 10(c) for service of notice by mail, the appeal period for this decision ~xpires at 5:00 p.m. on September 29, 2006. Preoared bv: Liz Miller, Planner I - Planning Division, (541) 726-230 I. Please call if you ,have' any questions regarding this process. ' Date ReceiVedqfu} D0 Planner: LM 6 Serial. Property Une Adjustment SU8 2006-00048 " , '" . ','J. , CITY OF SPRIN6J",..~LD ," ;A'ty.",c . DEVELOPMENT SERviCES O"EPARTMENT , , 225 5th ST SPRINGFIELD, OR 97477 " , .. , \, David SPies, , { Oregon Industial'Lumber Broducts PO Box 1442 ' , Springfield; Oregon 97478 ,...wi..........._". ......~;"~..,,,..."'" M';"J.I:~"~ .,..., ..... "'.1" I., ",'i ....." ....,,_, I.,."... ....,'M,LJI...~,' ..' .~, ..,....,~...;.u,..,....,..." ' . Ii - CITY OF SPRINGFIELD DEVELOPMENT SERVICES DEPARTMENT 225 5th ST SPRINGFIELp,OR 97477 ~ ~l . ~~. Jeannie L. Hunt Weyerhaeuser Company 785 42nd Street Sprin~field, Oregon,97478 ~~I~ OF ~PR'I~:ELD ;' -, ~. " ,. DEVELOPMENT SERVICES DEPARTMENT I 225 5th ST , ! SPRINGFIELD, OR 97477 ,1 .~ ....~ , - B' 'Steven Woods Ford,& Associates PO Box 22735 Eugene, Oregon 97402 '. Date Received3- -' 3 b'lo , Planner: LM ' .-/