Loading...
HomeMy WebLinkAboutNotice PLANNER 2/12/2009 J)(U~ RECElVED: AFFIDAVIT OF SERVICE FES 1 2 2009 By:~~1 ~<--' I / STATE OF OREGON) )ss. County of Lane '> ./ " " I ' I, Karen LaFleur, being fi~t duly sworn, do hereby depose and say as follows: 1. 1 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 5ut3z.oo"i-{)Ooo'f '1Jo'tiup), iLo..e~<1"uv - PL.4 ~~ (See attachment "A") on _2::.l):L. .2009 addressed to (see Attachment B"), by causing said letters to be placed in a U.S. mail box with postage fully prepaid thereon. ~~~ .,,1' ;:1 STATE OF OREGON, County of Lane ( k&ttulAif /d-.--. 2009. Personally appeared the above named Karen LaFleur, Program TecMician, who acknowledged the foregoing instrument to be their voluntary act. Before me: ~ !(/lk) (J . t! - ~ OFFICIAl SEAL DEVETTE KEllY NOTARY PUBLIC - OREGON COMMISSION NO, 420351 MY COMMIS,SION EXPIRES AUG. 15, 2011 ~ I My Commission Expires: 't /;S/I/ .~. 1 " Project Name: Relief Nursery Prop'erty Line Adjustment Project Proposal: Adjust the common property line between two commercially-zoned parcels Case Number: SUB2009-00004 Project Location: 870 South 42"' Street (Map 18-02-05-22,TL 1400 and 18-02-05-23, TL 101) Zoning: Community Commercial (Ce) Application Submitted Date: January 9, 2009 Decision'lssued Date: February 12, 2009 Recommendation: Approved, with conditions Final Property Line Survey Submittal Date: ' Appeal Deadline Date: No provision for Appeal (SDC 5,l-i25.C) Associated Applications: ZON2008:00023; SUB2002-10340 CITY OF SPRINGFIELD DEVELOPMENT REVIEW TEAM I POSITION REVIEW OF I NAME I Project Management Planning Lissa Davis I Public Works Engineer Utilities I Eric WaIter- , Surveyor Survey I Dennis Ernst APPLICANT'S DEVELOPMENT REVIEW TEAM I APPLICANT/OWNER Irene Alltucker Relief Nursery, Inc, 720 W 25'h Avenue Eugene OR 97405 I PHONE 726-3632 I 726-1034 I 726-2095 APPLICANT/OWNER ,/ " Springfield School District No, 19 525 Mill Street Springfield OR 97477 SURVEYOR/ENGINEER Stacy Salladay Branch Engineering, Inc 310 Fifth Street Springfield OR 97477 DECISION: Preliminary Survey Approval: As conditioned, the standards of the Springfield Development Code (SDe) applicable to each criterion of Property Line 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 SURVEY r 1 SUBMITTAL MUST CONFORM TO THE SUBMITTED PLANS, This is a limited land use decision made according to City cad, and state statutes, and there is no provision for appeal pursuant to SDC 5.1-125,(' Please read this document carefully. OTHER USES AUTHORIZED BY THE DECISION: None, The proposed Property Line Adjustment is in accordance with SDC 5,16-100, Future develOPment wUI be in accordance with the provisions of the SDC, filed easements and agreements, and all applicable local, state and federal regulations. NOTE: Any proposed development would require land use approval from the City in accordance with SDC 3,3-820.A and 3.3-825,D. REVIEW PROCESS: This application is reviewed under Type 1 procedures listed in SDC 5,1-125 and the property Iin' adjustment criteria of approval, SDC 5.16-125. A complete application was accepted by the Director prior to the review of the request as specified in SDC 5.4-105, Application Submittal, and contained all information required to begin the review process in accordance with SDC 5.16-100, This application was accepted as complete on January 9, 2009. SITE INFORMATION: The Assessor's description of the subject parcels is Map 18-02-05-22 Tax Lot,14~O and 18-02-05- 23 Tax Lot 101. Tax Lot 1400 is currently vacant and Tax Lot 101 contains Mt Vernon Elementary School, addressed as 935 Filbert Lane, Zoning for the subject properties is Community Commercii The affected par~els include a 59494 ft2 commercial property with frontage on 42"' Street to the east and Mt Vernon Elementary School on the west, The applicant's projectnarrative indicates the purpose of the property line adjustment is to allow additional area for future improvements on Tax Lot 1400, including a 14,500 ft2facility and parking lot benefitting the Relief Nursery. The number of legal lots (2) would remain the same. Because there is no increase to the numb~r of lots before or after the proposed property line adjustment, and the adjustment does not reconfigure a subdivision boundary line, the proposal does not constitute a Replat. , 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 crit~ria A through F of this Section have been satisfied, A. The property line adjustment shall not create a new lot or parcel. Finding 1: The property line adjustment does not create a new lot or parcel. The proposed property line adjustment allows for further.development on Tax Lot 1400, There is no net increase or decrease in the numbel of affected parcels, Conclusion: This proposal satisfies'Criterion A,. B. The property line adjustment shall not create a landlocked lot or parcel. Finding 2: The subject parcels have frontage on public street right-of-way (42"' Street and Filbert Lane), The property frontages are developed to urban standards. Conclusion: This 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 3: The proposed property line adjustment will not reduce required building setbacks for existing school below the minimums required by SDC 3,2-315, Finding 4: The minimum parcel size for existing parcels in the CC District that are located on a north-south street is 6,000 ft2 in accordance with SDC 3,2-215. The proposal reduces Tax Lot 101 to 152,118 ft2, which meets this standard, Conclusion: This proposal satisfies Criterion (, D. The property line adjustment shall not violate any previous conditions the Approval Authority may have ' i~posed on the lots or parcels involved in the application. Finding 5: The proposed property line adjustment does not violate any conditions of the previous land use decisions affecting this site, Among other previous land use conditions affecting this proposal, the parcels are subject to conditions of Property Line Adjustment Decision 5UB2002-10340, issued November 8,20.02.42"' Street is an improved roadway and able to serve the properties. Finding 6: Upon recording of the Final Survey, tax lot 1400 will be 2.09 acres. Any future development on tax lot 1400 would require land use approvaHrom the City in accordance with SDC 3,2-300, Finding 7: In accordance with 5DC 5.6-120, the Preliminary Survey shall be prepared, stamped and signed by an Oregon Registered Land Surveyor. The applicant's Preliminary Survey was prepared, stamped and signed by Renee Clough, PLS, Condition 1: The Final Survey shall indicate which property corners were found and which ones were set, 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. , 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 the application. SANITARY SEWER and STORM WATER MANAGEMENT Finding 8: Section 5,16-125:E of the SDC requires that a property line adjustment not detrimentally alter the availability of existing public and/or private utilities to each lot/parcel in the application or to abutting Icits/parcels, ,The proposed property line adjustments will not appear to alter the availability of existing public and/or private storm water and sanitary systems, 3 PUBLIC STREETS. SIDEWALKS & IMPROVEMENT AGREEMENTS Finding 9: The proposed Property Line Adjustment does not include any private improvements at this time, Therefore, no street or frontage improvements are required, Finding 10: Section 5.16-135,B.3 of the Springfield Development Code requires signing of an Improvement Agreement for frontage improvements when a parcel is prepared for development. An Im'provement Agreement will need to be submitted for this application, Condition 2: Prior to final approval and filing of the Property Line Adjustment, the applicant shall prepare an Improvement Agreement for 5 42"' Street improvements that includes curb, gutter, sidewalk, storm and sanitary sewer, and street lighting for review and concurrent filing, UTILITIES. EASEMENTS AND RIGHTS OF WAY Finding 11: Section 5,16-135.B.l of the Springfield Development Code requires 'all necessary public or private utility easements. Finding 12: Section 5,16-135,B,2 of the Springfield Development Code requires necessary joint use access easements and/or agreements. The applicant has proposed a 40' wide joint use ingress/egress easement on 1<. Lot 1301 just north of Tax Lot 1400 for the benefit of Tax Lot 101 to the west. Findi,ng 13: Section 5.16-125,E of the SDC requires that a property line adjustment not detrimentally alter the availability,of existing public and/or private utilities to each lot/parcel in the application or to abutting , ' lots/parcels. As demonstrated on plans submitted, the proposed property line adjustments will not alter the availability of existing public and/or private utilities, Also, the prope.rty line adjustment application will maintai.l an existing private utility easement on the south side of the property for serving Tax Lot 101. Finding 14: Section 4.3-140.A of the SDC requires applicants proposing developments make arrangements with the City and each utility provider for the dedication of utility easements necessary to fully service the development or.land beyond the development area, The minimum width for public utility easements adjacent to street rights of ways shall be 7 feet, The minimum width for all other public utility easements shall be 7 feet Condition 3: Prior to final approval and filing of the Property Line Adjustment, the applicant shall prepare a 7' Public Utility Easement (PUE) fronting S. 42"' Street. Condition 4: Prior to final approval of the Property Line Adjustment, the applicant shall prepare and record the 40' wide Private Ingress/Egress Easement as shown on plans and located on Tax Lot 1301 for the benefit of Tax Lot 101. Conclusion: As conditioned, the proposal meets Criterion E. - F. The property line,adjustment shall not incr~ase the degree of non-conformity of each lot, parcel, or structure that is non-conforming at the time of application. Finding 15: There are no features on the affected parcels that would be considered non-conforming, Conclusion: The proposal meets Criterion F. 4 ; , CONDITIONS OF APPROVAL: 1: The Final Survey shall indicate which property corners were found and which ones were set, 2: Prior to final approval and filing of the Property Line Adjustment, the applicant shall prepare an Improvement Agreement for S 42"' Street improvements that includes curb, gutter,. sidewalk, storm and sanitary sewer, and street lighting for review and concurrent filing. 3: Prior to final approval and filing ofthe Property Line Adjustment, the applicant shall prepare a 7' Public Utility Easement (PUE) fronting S. 42"' Street, 4: Prior to final approval of the Property Line Adjustment, the applicant shall prepare and record the 40' wide Private Ingress/Egress Easement as shown on plans and located on Tax Lot 1301 for the benefit of Tax Lot 101. sbC 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, 8, One copy of the Final Survey shall be delivered to the Development Services Department together with any conditioned documents, (, 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 ofthe 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 ofthe 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 Planning file number and 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 II pro~edure, 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 Services 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 conditions of approval have not been submitted to the City in a complete form within 90 days of the date of Preliminary Approval; or B, The Final, Survey is not submitted to the Lane County Surveyor within 30 days of the City approval; or 5 C. The Property Line Adjustment deed or other conditioned documents have not b~en 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 aUhe Developmen Services Department, 225 Fifth Street, Springfield, Oregon: Questions: Please call Lissa Davis in the Urban Planning Division of the Development Services Department at (541) 726-3632 or emailldavisi!i>cLsDrinefield.or.usif you have any, questions regarding this process. Prepared by: Lissa Davis Planner 2 , , ' , ~ .'~'A~'J~"1:1;Oj,ILt1=/~.'Jfil.ll:/~t1 .._ DEVELOPMENT SERVICES ~ PLANNING DEPARTMENT 225 FIFTH STREET SPRINGFIELD, OR 97477 Irene Alltucker Relief Nursery, Inc. 720 W 25th Avenue Eugene, OR 97405 / PLANNING DEPARTMENT 225 FIFTH STREET SPRINGFIELD, OR 97477 Springfield School District #19 525 Mill Street Springfield, OR 97477 L.L:..J rlr I n .;II nee I SPRINGFIELD, OR 97477 Stacy Salladay 'Branch Engineering 310 Fifth Street Springfield, OR 97477 ~~.B '~'. ......