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Home My WebLink AboutNotice PLANNER 6/16/2008 -. ;'; cX~cG -..... RECEIVED STATE OF OREGON) )ss. , County of Lane ) AFFIDAVIT OF SERVICE JUN 162008 BY:~L~ b_~ I, Karen LaFleur, being first duly sworn, do hereby depose and say as follows:. 1. I state that I am a Program Technician for the Planning Division of the ~evelopment Services Department, City of Springfield, Oregon. 2. I state that in my capacity as, Program Technician, I prepared and caused to be mailedcopiesofSlJ6200S-0a?&-'1 ~~ - PUt -W~ ~ (See attachment "A") on I; ilfo .2008 addressed to (see ~ I.J) ~ Attachment B"), by causing said letters to be placed in a U.S. mail box with postage fully prepaid 'thereon. ~~~~~ STATE OF OREGON, County of Lane ~il\...L, J{p .2008. Personally appeared the above named Karen LaFleur, ~gram Technician, who acknowledged the foregoing instrument to be their voluntary act. Before me: ' ~ ~ OFFICIAL SEAL DEVETTE KELL V NOTARY PUBLIC - OREGON COMMISSION NO, 420351, MY COMMISSION EXPIRES AUG, 15. 2011 ,~ifxj ~1Lt,/ u' , (1 <?/ib-j 1/ My Commission Expires: DatGI i'(cceived' Planner: AL {, ii, /J.<Ptl!' I c~ NOTICE OF DECISION PROPERTY LINE ADJUSTMENT - TYPE I Project Name: Womens Care Properties LLC Property Line Adjustment Project Proposal: Adjust the property line of a commercial parcel to incorporate a portion of abandoned railway right-of-way , Case Number: SOO2008-00024 Project Location: 3100 MLK Jr. Parkway (Map 17-03-22-00, TL #3200,3300 & 3403; Map 17-03-22-44, TL #8402) Zoning: Mixed Use Commercial (MUC) Comprehensive Plan Designation: MU, Application Submitted Date: May 29, 2008 Decision Issued Date: June 16, 2008 Recommendation: Approval with Conditions Final Property Line Survey Submittal Date: September 14, 2008 Appeal Deadline Date: No Provision for Appeal (SDC 5.l-125,C) ':, "t',"',,~ "gl;<=, \-c .~. . 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',-,Ak :Q~:.. jll' .~.. ;,\;~--':~Y '" ?'~~ ~ " MOO "J-:. , . - -~^ -< , Associated Applications: ZON2005-00064; PRE2006-00033; SOO2006-00023; DRC2006-00045; DRC2006- 00046; DRC2006-00047 CITY OF SPRINGFIELD DEVELOPMENT REVIEW TEAM I POSITION I Proiect Manager I Transportation Planning Engineer I Public Works Civil Engineer I Public Works Civil Engineer I Deputy Fire Marshal I Community Services Manager REVIEW OF Planning Transportation I Utilities I Sanitary & Storm Sewer I Fire and Life Safety Building APPLICANT'S DEVELOPMENT REVIEW TEAM Applicant/Owner: SurveyorlEngineer: Dennis Ernst, City Surveyor City of Springfield 225 Fifth Street Springfield, OR 97477 Rex Betz Branch Engineering Inc, 310 Fifth Street Springfield, OR 97477 NAME Andy Limbird Gary McKenney Matt Stouder Matt Stouder I Gilbert Gordon I Dave Puent PHONE 726-3784 726-4585 I 736-] 035 1736-1035 726-3661 I 726-3668 Datcj f.wceived' ~/;'/J-ool Planner: AL , , ~ DECISION: Preliminary Survey 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 fmdingsand conditions necessary for compliance, THE FINAL SURVEY SUBMIITAL MUST CONFORM TO THE SUBMITTED PLANS AS CONDITIONED HEREIN, This is a limited land use decision made according to City code and state statutes, and there is no provision for appeal pursuant to SDC 5.1-125,C, Please read this document carefully. . . (See Page 4 for a summary of the conditions of approval.) OTHER USES AUTHORIZED BY THE DECISION: None, The proposed Property Line Adjustment as conditioned is in accordance with SDC 5.16-100, Future development will be in accordance with the provisions of the SDC, filed easements and agreements, and all applicable local, state and federal regulations, REVIEW PROCESS: This application is reviewed under Type I procedures listed in SDC 5,1-125 and the property line 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 May 29, 2008, SITE INFORMATION: The Assessor's description of the subject lots is Map 17-03-22-00, Tax Lots 3200, 3300 & 3403; and Map 17-03-22-44, Tax Lot 8402, Zoning for the subject properties is Mixed Use Commercial (MUC), The affected parcels include a :1:2,0 acre commercial property fronting onto Martin Luther King Jr, Parkway that is developed with a 12,900 W medical office building, parking lot and site landscaping; and a contiguous 60-foot wide by -390-foot long strip of abandoned railway right-of-way (ROW) comprising roughly 0,55 acres, The principal commercial parcel containing the medical office building was created through a land partition recorded in 2006, Approval of the property line adjustment would allow for consolidation of a portion of the former railway ROW with the commercial parcel, and dedication of a 15-foot wide segment of public street right-of-way along Game Farm Road, The number of legal lots (2) would remain the same, and the principal commercial parcel would increase in size by approximately 0,55 acres, Because there is no increase to the number 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. A property line adjustment may occur within a recorded subdivision in accordance with SDC 5,16"100, CRITERIA OF PROPERTY LINE ADJUSTMENT APPROVAL: SDC 5,16-125 states that the Director shall approve or approve with conditions a r.ul'~".i Line Adjustment application upon determining that criteria A through F of this Section have been satisfied, A. The property line adjustment shall not create a new lot or parcel. Finding I: The property line adjustment does not create a new lot or parcel. 'The proposed property line adjustment consolidates a portion of an adjoining parcel (abandoned railway ROW) into an existing deeded area, There is no net increase or decrease in the number of affected lots, Conclusion: This proposal satisfies Criterion A, B. The property line adjustment shall not create a landlocked lot or parcel. Finding 2: Both of the affected parcels have frontage on two public streets (MLK Jr. Parkway and Game Farm Road), The principal commercial parcel has a developed driveway access onto MLK Jr. Parkway at a signalized intersection, Upon consolidation, the principal commercial parcel will retain the commercial driveway access and frontage on two public streets, Therefore, the. proposed property line adjustment will not create a landlocked lot or parcel. Date Received: Planner: AL f/~/,2<7"'tf 2 ,\ " Finding 3: The proposal also dedicates a 15-foot wide by 98-foot long segment of public street right-of- way for Game Farm Road, The principal commercial parcel has an Improvement Agreement recorded against it for future street improvements to Game Farm Road, Upon consolidation, the Improvement Agreement will extend to the increased parcel frontage on the public street. Condition of Approval: 1. Prior to or concurrent with recording the Final Survey, the applicant shall fully execute and record a Bargain and Sale Deed for the portion of Game Farm Road to be dedicated as public street right-of- way and provide evidence thereof to the City, 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 4: . The proposed property line adjustment will not reduce required building setbacks for the principal commercial parcel. Finding 5: The mh1imum parcel size in the MUC District is 6,000 W (0.14 acres) in accordance with SDC 3,2-615, The proposal increases the overall size of the existing 2,0 acre commercial parcel by approximately 0,55 acres, which exceeds the minimum parcel size for the MUC District. The remainder parcel of abandoned rail,,:ay ROW will comprise approximately 3,1 acres, Finding 6: Aside from existing landscaping and utility lines, there are no developed structures or improvements on the segment of abandoned railway ROW proposed for consolidation, Any future development ofllie affected area would be subject to standard setback requirements ofSDC 3.2-615. Conclusion: This proposal satisfies Criterion C, D, The property line adjustment shall not violate any previous conditions the Approval Authority may have imposed on the lots or parcels involved in the application. Finding 7: The proposed property line adjustment does not violate any conditions of the previous land use decisions affecting the site, The applicant met conditions of the various hind use actions prior to issuance of occupancy for the medical building, Finding 8: Any future development on the consolidated parcel (including but not limited to developing a formal driveway access and parking lot along the Game Farm Road frontage) would be subject to the site plan modification provisions of SDC 5,17-145, Conclusion: This proposal satisfies Criterion D, 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 abntting lots or parcels. Finding 9: The proposed property line adjustment does not adversely affect the property frontages where utility services are provided to the principal commercial parcel. Additionally, the abandoned railway ROW contains several existing above- and below-ground utilities and is proposed to be entirely covered by public access and utility easements, Therefore, the availability of public and private utilities is not compromised by this proposal. Date Received: t !;,,/I ~J" Planner: AL I' 3 I. , Finding 10: Sheet 2 of the applicant's proposal shows overlapping public utility, slope, emergency access, multi-use path and trail easements extending across the abandoned railway ROW, The easements will have to be recorded prior to or concurrently with the proposed property line adjustment. Conditions of Approval: . 2. Prior to or concurrently with recording the Final Survey, the applicant shall execute and record extensions for the existing public slope easement, public emergency access and multi-use path easement and public trail easement (#2006-032092) as generally depicted on Sheet 2, and provide' evidence thereof to the City.. 3. Prior to or concurrently with recording the Final Survey, the applicant shall execute and record a 60- foot wide Public Utility Easement across the affected portion of abandoned railway ROW as generally depicted on Sheet 2, and provide evidence thereof to the City, Conclusion: As conditioned herein, this proposal satisfies Criterion E, F. 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 II: There are no features on the affected parcels that would be considered non-conforming: Therefore, the proposed property line adjustment.will not increase the degree of non-conformity for the lots or the existing structure, Conclusion: This proposal satisfies Criterion F, CONCLUSION: Considering these [mdings of fact, staff finds the Property Line Adjustment complies with the criteria of SDC 5,16-125 and approves the application subject to the conditions iisted below, CONDITIONS OF APPROVAL: 1. Prior to or concurrent with recording the Final Survey, the applicant shall fully execute and record a Bargain and Sale Deed for the portion of Game Farm Road to be dediCated as public street right-<lf-way and provide evidence thereofto the City, 2. Prior to or concurrently with recording the Final Survey, the applicant shall execute and record extensions for the existing public slope easement, public emergency access and multi-use path easement and public trail easement (#2006-032092) as generally depicted on Sheet 2, and provide evidence thereof to the City, 3. Prior to or concurrently with recording the Final Survey, the applicant shall execute and record a 60-foot Wide Public Utility Easement across the affected portion of abandoned railway ROW as generally depicted on Sheet 2, and provide evidence thereofto the City, SDC 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,OI0(7)(b), ORS 92,060(3) and ORS 209,250, B. One copy of the Final Survey'shall be delivered to the Development Services Department together with any conditioned documents, C, 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, Ddtei',eceivea: '/;I./kJ17"" 4 PI;;lnner: AI... I /'. "t D, The owners of the lots included in the application shall recIJrd with Lane County Deeds arid 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 also shall 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, 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. 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 condition 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 C, 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 for a fee at the Development Services Department, 225 Fifth Street, Springfield, Oregon, Questions: Please call Andy Limbird in the Planning Division of the Development Services Department at (541) 726-3784 or email alimbird{a)ci.sorinl!field.or.usifyou have any questions regarding this process, Pro,.ro~ Date t~ecejved' '/;~~CJJ' , Planner: AL /' ,. 5 '. 'f " " SPRoNGP>ELDN NII'Ii':a'j;;l.i;J:fll'I~;}I=1I/'lIII.'l:f:rtj,jll~ DEVELOPMENT SERVICES ~ PLANNING DEPARTMENT 225 FIFTH STREET SPRINGFIELD, OR 97477 '. Rex Betz Branch Engineering 310 Fifth Street . Springfield, OR 97477 SP"'NGPO"D~ 1II'I,..j;t#."j:J :171'lti;}I~4 .J!I.'j :I:!t{'fll~ DEVELOPMENT SERVICES - PLANNING DEPARTMENT 225 FIFTH STREET SPRINGFIELD, OR 97477 Dennis Ernst Surveying - City of Springfield , ,6/~/.J.4'(J1" - Date ReceIVed,- / ' Planner: AL D