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Home My WebLink AboutNotice PLANNER 6/24/2005 .. J)~ AFFIDAvIT OF SERVICE STATE OF OREGON I ) ss. County of Lane ) " .':',''''V"'; . ' 'I; Karen LaFleur, being first duly sworn, do hereby depose and say as follows: , 1. ' I state that I am a Clerk III for the Planning Division of the Developmen~ Services, Department, City'of Springfield, Oregon. ' ' ~ "?,. I state that in m~ capacity aVSle(k III, I !l.ef~!~~and caused to be mailed copies' _u__,~,'o,~~.,.,., /lB'f~.,..t,~5';;'~J~ .. l \~ ~1(See attachment "A") on "'~""'~~~"F')iJ,'>" <.'1<011..4- ,"'200S"addressed to (see 'Attachment,B"Lby causing,sai<lletters to,be ~':.:":;W&j'<"f':t.:"",,'i." placed in a U.S: mail: box with postage fully 'prepaid ,thereon. .. ..,~' ;;'~. " " .: .~ 'i."'j,i':-.:.:~,:'.: ~- ~. ~ ,4J~' KA~EN LaFLEUR'J ) , " ~. -.... i:".":"',~ '-'",,~t.,'''''' ::STATE OF OREGON. County of Lane .." -,', , /PI'M ....._.___4-. ------::-_._~--~-...~. I) .. .. OFFICIAL SEAL ( ( , BRENDA JONES f C, .: NOTARY PUBLIC. OREGON i C' ,,' COMMISSION NO, 379218 f ' ~~~i~~~:~~;~~~~1.z.~: 20~ , 2005. Personally appeared the above named Karen LaFleur. Clerk III, who acknowledged the foregoing instrument to be their voluntary act. Before me: ~ ' ' M,com~'.o~J:: ~HX08 " " TYPE I PROPERTY LINE ADJUSTMENT, STAFF. REPORT & DECISION , 'II&: . Project Name:' Williams Bakery Facility Case Number: SUB2005,00024 Project Location: 1910 Nugget Way; Map Number 18,03-03-11 Tax Lot(s) 1200 & 3600, Zoning: Light Medium Industrial (LMI) ApplicableRefinement Plan: Glenwood Refinement Plan Refinement Plan Designation: LMI Application Submitted Date: May 12,2005 Application Accepted as Complete Date: May 12,2005 Decision Issued Date: June 24, 2005 Decision: Approval with Conditions (See page _ for a list of Conditions) Associated Applications: DRC2005,00029 (Williams Bakery Site Plan Review), SUB2005,00025 (Property Line Adjustment) I CITY OF SPRINGFIELD DEVELOPMENT REVIEW TEAM I POSITION REVIEW OF I Proiect Manager Planning I Urban Plannin.g Supervisor Planning I Transportation Planning Engineer Transportation I Public Works Civil Engineer Utilities I Public Works, EIT Sanitary & Storm Sewer I Deputy Fire Marshall Fire and Life Safety I Community Services Manager Building NAME Ashley DeForest Colin Steohens Gary McKenney Eric Walter Malt Stouder Gilbert Gordon Dave Puent PHONE 682,3399 726-3649 726-4585 736" I 034 736,1035 726,2293 726,3668 APPLICANT'S DEVELOPMENT REVIEW TEAM Applicant/Owner: Wildish Building Company Attn: Randy Hledik PO Box 7428 EU,gene, OR 9740 I Surveyor: Poage Engineering Jonathan Oakes PO B~x 2527 Eugene, OR 97402 ~. Property Une Adjustment SUB2005,00024 ~~ REQUEST The applicant is requesting a property line adjustment between two lots in order to accommodate the planned developl;,ent of Tax Lot 1200 with the Williams Bakery Facility, approved under Springfield Case File No, DRC2005-00029, Theproposed property line adjustment would increase the square footage of Tax Lot 1200 by approximately 54,568 square feet (sf), SITE DESCRIPTION Tax Lot 1200 is legally described in a Property Line Adjustment Deed recorded February 15,2001, Reception No, 2001-008432, Lane County Oregon ,Official Records. This lot is 'currently being developed with the Williams Bakery Facility and associated parking and landscaping improvements, Legal access is currently provided via a 60-foot wide private access easement and maintenance agreement recorded March 7,200 I, Document No, 2001-012394, Lane County Oregon Official Records, Tax Lot 3600 was legally created through a warranty deed recorded August 14, 1951 in Book 444, Page 419 of the Lane County Oregon Deed and Records, This lot is currently being used as outdoor storage for the PVC pipe manufacturing plant located On the abutting property to the southeast. The subject properties are zoned Light Medium Industrial (LM!) and all abutting properties are also zoned,LML PROPERTY LINE ADJUSTMENT PROPOSAL The applicant is proposing to adjust the adjoining property line between Tax Lots 1200 and 3600, which will result in the following lot configurations: Table I 186.672 sf 132.104 sf Existing 60 ft private acc~ss csmt. to Nugget Way 40 n on Newman Street Street Frontage Proposed 36 It private access esmt. to Newman Street 40 feel 011 Newman Street I Assessor's Map & Lot # I t 8,0),03.11,0 1200 I I S-i)3.()),11.04000 Lot Size Existing ProL":)scd - 96.141 sf 150.709 sf DECISION As of the date of this report, the request is Approved with conditions, See Conditions of Approval below, CRITERIA, FINDINGS, C?NDITIONS OF APPROVAL PROPERTY LINE ADJUSTMENT CRITERIA (SDC 33.060) The Director shall approve, approve with conditions or deny the Property Line Adjustment application, Approval or approval with conditions shall be based'on comp'iiance with the following criteria, ' Criterion #1 The Property Line Adjnstment shall not create a new lot or parcel Finding #1: The applicant is proposing to adjust one property line separating two existing lots, The adjustment will not create any new lots and, therefore, this criterion is met. Criterion #2 The Property Line Adjustment shall not create a landlocked lot or parcel Finding #2: Legal access is currently provided to Tax Lot 1200 via a 60-foot wide private access easement and maintenance aboieement recorded March 7,2001, Document No,2001-012394, Lane County Oregon Official Records, The applicant is proposing to relocate the easement area so that access to Tax Lot 1200 will be via a 36-foot wide easement to Newman Street, rather than Nugget Way, This proposal is consistent with the 36-foot wide access easement shown on the Final Site Plan for the Property Une Adjustment SUB2005,00024 2 -' ~. Williams Bakery Facility, DRC2005,00029, Legal accesdoTax Lot 3600 will not be changed as part of, this Property Line Adjustment application, As proposed, Tax Lots 1200 and 3600 will retain legal access to a public right-of-way, therefore,this criterion has been met. Criterion #3 The Property Line Adjnstment shan not 'rednce an existing lot or parcel below the minimum size standard or reduce setbacks ,below the minimnm established by the applicable zoning districts in the SDC ' Finding #3: In the LMI zoning district, the minimum lot size is 10,000 sf with a minimum frontage of75- feet (SDC 20,030), As indicated in Table I above, the subject properties meet the minimum lot size requirement; however they do not currently meet the frontage requirements set forth in SDC Section 20,030, Section 20,030(2)(d) ofthe Springfield Development Code states that "the Director may waive the requirement that buildable City lots have frontage on a public street when all of the following apply: the lot or lots have been approved as a part of a Development Area Plan, Site Plan, Subdivision or , Partition; and access has been guaranteed via a private street or driveway by an irrevocable joint use/access agreement." In accordance with the exception set forth in SDC Section 20,030(2)(d), both lots were legally created and will maintain legal access t~, a public right-of-way, As demonstrated above, ,the proposed Property Line Adjustment will not reduce tile existing lots below the minimum size standards, Finding #4: In the LMI zoning district, the minimum interior side yard setback is O,feet when abutting ,property zoned industrial (SDC 20,050), The southern, interior side yard setback for the maintenance garage being constructed on Tax Lot 1200 will be 45-feei, complying with the setback standards set forth in SDC Section 20,050, ' Criterion #4 The Property Line Adjnstment shall not violate any previous condition the Approval Authority may have imposed on the lots or parcels involved in the application Finding #6: This proposal is not violating any previous requirements or conditions the Approval Authority imposed at the time of Application Approval for construction of the Williams Bakery Facility and, therefore, this criterion is satisfied, ' Criterion #5 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 orto abutting lots or parcels' ' Finding #7: The City Transportation Planning Engineer, Public Works Engineer, Fire Marshall, and the Springfield Utility Board reviewed the proposal and detennined the Property Line Adjustment would not alter the availability of existing public or private utilities to the subject lots or to abutting lots and, , therefore, this criterion is satisfied. Criterion #6 The Property Line Adjustment shall not increase the degree of non-conformity of each lot, parcel or strnctnre that is non-conforming at the time, of application Finding #8: There are no existing non-confonning conditions known to exist onthe lot or structure and, therefore, this criterion is met. Property Une Adjustment SUB2005,00024 3 , '\- .~ CONDITIONS OF APPROVAL Condition #1: The applicant shall establish a private, irrevocable joint-use access easement and maintenance agreement for the 475-foot extension of Newman Street serving Tax Lot 1200, This document shall be submitted for review and approval by the Development SerVices Division prior to recording with Lane County,' ' Condition #2: Submittal of a Final-8uivey for review and approval by the Development Services Division, Condition #3: Submittal of Property Line Adjustment deeds as specified in Section 33,090(4) of this Article for review and approval by the Development Services Division, What Needs To Be Done Next? In accordance with SDC 33,090, the following shall be submitted: (1) A.Final Survey shall be prepared, stamped and'signed by an Oregon registered Land Surveyor in accordance with ORS 92,OIO(7)(b), ORS 92,060.(3) andORS 209,250. One copy of the Final Survey shall be delivered to the Development Service Department together with any conditioned documents, Once the Director and City Surveyor have certified all conditions listed under , Preliminary Survey approval have been met, the Final Survey may be recorded at the Lane County Surveyor's Office, , 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 original recorded documents and signatures of all parties with proper acknowledgnlent. The Property Line Adjustment deeds shall also identify the Plamling file number, SUB2005"00024, 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 ILprocedure, each Property Line Adjustment deed for the lots or Lots in the series shall be recorded separately, in the sequence of City approval. A copy of the recorded Final Survey and deeds shall be delivered to the Development Services Department together with any other recorded documents 'that may have been required as a condition of approval. (2) (3) (4) (5) EXPIRATION OF APPROVAL- . The Property Line Adjustment preliminary approval shall become null and void if: I, The Final Survey and any conditions of approval haye 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 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 Property Line Adjustment SUB2005,00024 4 ": .. 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 Services Department, 225 Fifth Street, Springfield, Oregon, Appeal This Type I deClSlOn is exempt from the provIsions ofORS 197,195, 197,763 and 227,173 and therefore cannot be subject to the appeal provisions of SDC Article 15, Appeals, In the event the applicant disah'feeS with the application of the development standards in this decision, the applicant may request a Type III Formal Intetpretation or a Type II Site Plan Review application, Questions If you have any questions regarding this report or process, please call Colin Stephens in the Planning Division of the Development Services Department at (541) 726-3649, Prepared By Ashley DeForest Planner Property Une Adjustment 5UB2005-00024 5 ) . ~' Wildish Building Company Attn: Randy Hiedik PO Box 7428 Eugene, OR 97401 Poage Engineering Jonathan Oakes PO Box 2527 Eugene, OR 97402 r?:>