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HomeMy WebLinkAboutNotes, Work PLANNER 10/31/2008 ., .. Proposed Property Line Adjustment- USA Bakery Case No. SUB2008-00047 Staff Report and Notice of Decision October 31, 2008 Applicant/Owner Jerry Boness' USA Bakery 2000 Nugget Way Eugene, OR 97403 Tract I (Map No. and Tax Lot) USA Bakery 18-03~03-12 TL 700 18-03-03-11 TL 1100, 1200, 3800, 3900, 4000. TL 1200 is directly affected buy the adi ustment. Lot Size for TL 1200 Current: 152,024 sq. ft. (3.49 ac) Applicant's Representative Jonathan Oakes Poage Engineering and Surveying P.O. Box 2527 Eugene, OR 97402 Tract 2 (Map No. and Tax Lot) Paved Vacant Lot 18-03-03-11 TL 3700, 3600 18-03-03-14 TL 1300. TL 3600 is directly affected by the adjustment. Lot.Size for TL 3600 Current: 125,017 sq. ft. (2.87 ac) Adjusted: 197,484 sq. ft. (4.53 ac) Adjusted: 85,329 sq. ft. (1.96 acres) Zoning Light-Medium Industrial Date Received: 10/17/2008 Date Accepted as Complete: 10/30/2008 Date of the Director's Decision: 10/31/2008 I. Executive Summary The USA Bakery seeks to adjust the common boundary line between two abutting properties under its collective ownership for the purpose of place the. access drive and railroad spur that is currently located within Tract 2, within Tract I. Tract 1 and Tract 2 are each composed of several taxlots (see the table above). The two tax lots directly affected by the boundary change are 18~03_03-11 TL'1200 (Tract I) and 18-03-03-11 TL 3600 (Tract 2). The adjustment would consolidate street and rail spur access for USA Bakery on Tract I. Rail and street access are currently achieved by crossing Tract 2. Tract 2 is a paved vacant lot that was formerly used as a storage yard.' A proposed 57' X 60' private access easement will maintain access for Tract 2 to Newman Street. Attachment I, the Preliminary Property Line Adjustment Survey, shows the affected tax lots and the proposed property line adjustment. A review of the application materials by the City Surveyor revealed some minor errors in the legal descriptions and preliminary Property Line Adjustment Survey. The applicant's representative submitted corrected versions of these materials on October 31,2008. This Staff Report and Decision is an analysis ofthe revised materials. Based on a review of the proposed property line adjustment using the approval criteria for found in Section 5.16-125 of the Springfield Development Code (SDC), staff finds that the proposal is in compliance with applicable standards. The application is approved as conditioned. USA Bakery Property Line Adjustment Case No. SUB2008-00046 October 31,2008 Date Received: Planner: MM {o~~,.-yd 'p~o 1-'1 II. Procedural Requirements Property line adjustments are a "Type I (Ministerial)" process. Section 5.1-125 of the SDC states that Type I decisions may be made by the Director "without public notice and without public hearing." Type I applications are to be reviewed for completeness and for conformance with the applicable criteria for approval of the proposal stated in the Development Code. Although not required, the proposed property line adjustment was submitted for review by the Springfield City Surveyor. Based on the Director's review, a decision is issued, which is the final decision' ofthe City. Staff has reviewed the applicant's submittal for completeness requirements found in Section 5.16- 120 of the SOC. Stafffound the applicant's submission complete on October 30,2008. A review' of the application materials by the City Surveyor revealed some minor errors in the legal . descriptions and Preliminary Property Line Adjustment Survey. The applicant's representative submitted corrected versions of these materials on October 31, 2008. This Staff Report and Decision is an analysis of the revised materials received on October 31, 2008. III. Criteria for Approval Section 5.16-125 of the SDC lists the criteria to be used for approving a property line adjustment. The code section states that property line adjustment shall not: A. Create a new lot/parcel; B. Create a landlocked lot/parcel; C. Reduce an existing lot/parcel below the minimum size standard or reduce setbacks below the minimum established by the applicable zoning districts in this Code; D. Violate any previous conditions the Approval Authority may have imposed on the lots/parcels involved in the application. E. Detrimentally alter the availability of existing public and/or private utilities to each lot/parcel in the application or to abutting lots/parcds; or F. Increase the degree of non-conformity of each lot, parcel, or structure that is non- conforming at the time of application. The section below evaluates the proposed property line adjustment against the approval criteria listed above. Shall not... A. Create a new lot/parcel; Finding 1: The proposal does not create a new parcel. The proposed property line adjustment modifies the boundary between tax lots 1200 (Tract I) anct'3600 (Tract 2). No new lot is created by the proposed action. B. Create a landlocked lot/parcel; Finding 2: The proposed property line adjustment as conditioned below will not create a landlocked parcel. Rail and street access to Newman Street for TL 1200 (Tract I) USA Bakery Property Line Adjustment . 2 Case No. SUB2008-00046 October 31, 2008 . currently crosses TL 3600 (Tract 2). The proposed adjustment will create direct access to the rail spur and to Newman Street for TL 1200 (Tract I) without crossing TL 3600 (Tract 2). The Preliminary Property Line Adjustment Survey shows a proposed 57'X 60' Private Access Easement that will guarantee access to Newman Street from TL 3600 (Tract 2). . Condition of Approval #1. A Joint Access Agreement shall be prepared providing TL 3600 with a 57ft. X 60ft. wide access point across TL 1200 to Newman Street, as shown on the preliminary Property Line Adjustment. The agreement shall be prepared and submitted with the Property Line Adjustment Survey for recording. C. Reduce an existing lot/parcel below the minimum size standard 'or reduce setbacks' below the minimum established by the applicable zoning districts in this Code; Finding 3: The Springfield Zoning Map shows that the zoning for the subject lots is Light-Medium Industrial (LMI). Finding 4: Section 3.2-420 ofthe Springfield Development Code (SDC) shows that the minimum lot size in the LMI zoning district is 10,000 square feet. Finding 5: The property line adjustment will increase Tax Lot 1200 to 197,484 square feet. Tax Lot 3600 will be reduced to 85,329 square feet in size. Finding 6: Under the proposed property line adjustment, both Tax Lots 1200 and 3600 will be larger than the 10,000 sq. ft. minimum lot size for the LM! zoning district. The lot line adjustment does not create a substandard lot, nor does it reduce nearby setbacks. D. Violate any previous conditions the Approval Authority may have imposed on the lots/parcels involved in the applicatil!n; Finding 7: A review of a current title report issued by the Chicago Title Insurance Company of Oregon on the subject parcels shows that no knoWIi conditions have been imposed by the City of Springfield, Lane County, or any other authority that would be violated by the proposed property line adjustment. E. Detrimentally alter the availability of existing public and/or private utilities to each lot/parcel in the application or to abutting lots/parcels; or Finding 8: The property line adjustment does not affect the provision of services to the existing lots and does not prevent the extension of services to other parcels. F. Increase the degree of non-conformity of each lot, parcel, or structure that is non-' conforming at the time of application. FiJ~ding 9: Both Tax Lot 1200 and Tax Lot 3600 conform with existing zoning standards for the LMI zone, and will continue to do so if the property line adjustment is approved. US;j Bakery Property Line Adjustment Case No. SUB2008~OO046 October 31, 2008 3 Conc.lusion and Decision of the Director The findings of fact with respect to the stated criteria for approval found in Section 5.16- 125 of the SDC, demonstrate that the proposed property line adjustment is consistent with those criteria. The proposed property line adjustment is approved. III. Next Steps Please return three copies of the recorded map and the Joint Access Agreement as described in Condition of Approval #1, to Mark Metzger in Development Services. Mark Metzger, Planner III 726-3775 mrinetzl!er(a)ci. sori nl!fiel d.or. us USA Bakery Property Line Adjustment Case No. SUB2008-00046 October 31, 2008 4