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HomeMy WebLinkAboutNotice PLANNER 12/28/2008 \~.-~" . . ~ . RECElVED AFFIDAVIT OF SERVICE DEe 22 2008 < By:~lJ.~ STATE OF OREGON) ) ss. County of Lane ) 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 Deve,lopment 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'5~f>?ffi8-0mS,3 1lfiUJ ~ (JPA'.l1I1H", - PUt - {~ (See attachment "A") on 1.:v.;;.;J-. 008 addressed to (see . Attachment B"), by causing said. letters to be placed in a U.S. mail box with postage fully prepaid 'thereon. . ~~R~~ S~E OF OREGON, County of Lane 'L'ffl1.lJt/) . dQ .2008. Personally appeared the above named .Karen LaFleur, Program Technician, who acknowledged the foregoing instrument to be their voluntary act. Before me: OFFICI,;l SEAL DEYETI[ KELLY Nm.4RY PUSLiC . OREGON COMMISSION NO, 420351 MY CO~~MISS!ON EX?IRESAUG, 15, 2011 ~Jic ~/;J~ My Commission Expires: :2 /;5/ /;t DIe , . . '. . NOTICE OF DECISION PROPERTY LINE ADJUSTMENT - TYPE I Project Name: Helfrich Family Trust Property Line Adjustment Project Proposal: Adjust the common property line between a residential parcel and an agricultural parcel Case Number: SUB2008-00053 Project Location: 2587 19th Street (Map 17-03-24-00, TL #609 & 610) Zoning: Low Density Residential with Urbanizable Fringe Overlay District (LDR/UF-IO) Comprehensive Plan Designation: LDR Application Submitted Date: Dec. 3,2008 Decision Issued Date: Dec. 23, 2008 Recommendation: Approval with Conditions Final Property Line Survey Snbmittal Date: March 23, 2009 Appeal Deadline Date: No Provision for Appeal (SDC 5.1-125.C) Ir-~"l~'" .~~~... ~'i., \'~",;..,'~~J:;..J;?" ":,. .-' ".r". ;j"'. ,'~-. ~ {o,- - - - - _::.:: h ~~Hayaen'Bridge Dr:~ ,!, ' ~.'~ ~.. . I ...... '{ _c::. ,. I "tIlJ"- .,'f" ~ 10' ";::\""1'9"., .?, 11 . 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Nos. 96-01-0011, 96-05-0108 & 96-12-252; ZON2007-00033 CITY OF SPRINGFIELD DEVELOPMENT REVIEW TEAM POSITION REVIEW OF NAME PHONE Project Manager Planning Andy Limbird 726-3784 Transportation Planning Engineer Transportation Jon Driscoll' 726-3679 Public Works Civil Engineer Utilities Matt Stouder 736-1035 Public Works Civil Engineer Sanitary & Storm Sewer Matt Stouder 736-1035 Deputy Fire Marshal Fire and Life Safety Gilbert Gordon 726-3661 Community Services Manager Building Dave Puent ' 726-3668 APPLICANT'S DEVELOPMENT REVIEW TEAM Applicant/Owner: Surveyor/Engineer: Dean Helfrich Helfrich Family Trust 2587 19th Street Springfield, OR 97477 Jim McLaughlin, PLS 2428 Ranch Drive Springfield, OR 97477 . . '~-t . 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 snbmitted plans and notes unless specifically noted with findings and . conditions necessary for compliance. THE FINAL SURVEY SUBMITTAL 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 5 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. NOTE: Any proposed development on Parcel A, including construction of a single familv dwelling. would require land use approval from the City in accordance with SDC 3.3-820.A. Additionally, a future development plan for Parcel.A would be required in accordance with SDC 3.3-825.D. 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 December 3, 2008. SITE INFORMATION: The Assessor's description of the subject parcels is Map 17-03-24-00, Tax Lots 609 & 610. The residential dwelling on Tax Lot 609 is addressed as 2587 19th Street, and adjacent Tax Lot 610 is a vacant (non-addressed) agricultural parcel. Zoning for the subject properties is Low Density Residential with Urbanizable Fringe Overlay District (LDR/UF-IO). 10e affected parcels include a 3.44 acre residential property with frontage on undeveloped 19th Street to the west; and a 2.5 acre vacant property with frontage on undeveloped 19th Street to the west and undeveloped Hayden Bridge Road to the north. The applicant's project narrative indicates the purpose of the property line adjustment is to reduce the size of the parcel containing the existing dwelling from 3.44 acres to 1.23 acres, and to increase the size of the agricultural parcel from 2.50 acres to 4.71 acres. Approval of the proposed property line adjustment would separate the residential dwelling and associated improvements on Parcel B from the agricultural activities on Parcel A. An existing accessory structure (storage building) primarily used for agricultural activities will be located on adjusted Parcel A. The number of legal lots (2) would remain the same. 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 Property 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 the agricultural activities in two existing parcels into a larger, size-adjusted parcel (parcel A). Similarly, the residential component of the parcels is consolidated into a smaller, size-adjusted parcel (parcel B). There is no net increase or decrease in the number of affected parcels. Conclusion: This proposal satisfies Criterion A. 2 .... . . . B. . The property line adjustment shall not create a landlocked lot or parcel. Finding 2: The subject parcels have frontage on public street rights-of-way (19th Street and Hayden Bridge Road). However, along the property frontages the public streets are not developed to urban standards. The portion of 19th Street providing access to the existing dwelling is developed as a gravel driveway, and the segment of Hayden Bridge Road right-of-way along the northern edge of the property is not developed with a driving surface. Finding 3: There is a reserve strip recorded against the subject property (Reception No. 93-01577, Lane County Deeds and Records) that restricts legal access to the street rights-of-way until it is released by the County. Until the reserve strip is released, proposed Parcel A is reliant upon Parcel B for legal and. physical access. Under the proposed parcel configuration, the existing accessory huilding on Parcel A is served by a driveway that crosses Parcel B. The parcels are currently held in common title, but upon recording of the Final Survey one or both parcels could be transferred to a third party. For this reason, a cross-access (ie. ingress - egress) easement against Parcel B will be required to provide legal and physical access to Parcel A. Conditions of Approval: 1. 'Parcel B shall continue to derive access from the existing driveway onto 19th Street unless and until the ,applicant obtains a release of reserve stripes) against the property and the applicant obtains any necessary permits for installation of a new or modified driveway. 2. Prior to or concurrent with recording of the Property Line Adjustment Final Survey, the applicant shan record an ingress-egress easement or similar mechanism against Parcel B for the benefit of Parcel A. Conclusion: As conditioned herein, 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 rednce 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 residential parcel below the minimums required by SDC 3.2-200. Finding 5: The minimum parcel size for existing parcels in the LDR/UF-IO District that are located on a north-south street is 5,000 if (0.11 acres)'in accordance with SDC 3.2-215. The proposal reduces the size of Parcel B to 1.23 acres, which meets this standard. . Finding 6: There is an existing accessory structure (storage building for agricultural equipment) that win be located on Parcel A upon recording of the Final Survey, In accordance with SDC 3.3-815, agricultural uses and structures are permitted in an residential zones underlying. the Urbanizable Fringe Overlay District. Any future development of the proposed parcels would be, subject to standard setback requirements ofSDC 3.2-215 and 3.3-825. Conclusion: This proposal satisfies Criterion C. D. The property line adjustment shan 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. Among other previous land use conditions affecting this proposal, the parcels are subject to conditions of Amended Minor Partition Decision 96-12-252, issued February 4, 1998. Because the applicant is not proposing to intensifY development on the subject parcels, 3 . . '-. . improvement of Hayden Bridge Road and/or 19th Street is not required to serve the properties. However, with this Property Line Adjustment the applicant will be required to execute Improvement Agreements for the public streets adjacent to proposed Parcels A and B. The Improvement Agreements defer paving, utilities and other improvements on these street frontages until such time as the property is developed or divided. Finding 8: Upon recording of the Final Survey, Parcel A will be 4.71 acres. Any future development on Parcel A, including construction of a single familv dwelling, would require land use approval from the City in accordance with SDC 3.3-820.A. Additionally, a future development plan for Parcel A would be required in accordance with SDC 3.3-825.D. Finding 9: In accordance with SDC 5.16-120, the Preliminary Survey shall be prepared, stamped and signed by an Oregon Registered Land Surveyor. The applicant's Preliminary Survey was prepared and stamped by James T. McLaughlin, PLS; however, the surveyor did not sign the plan sheets that were submitted. The applicant shall ensure the Final Survey plan sheets are stamped and signed by the surveyor of record. Conditions of Approval: 3. The parcels affected by the Property Line Adjustment are subject to the terms and conditions of all previous land use decisions affecting the properties, including but not limited to provisions of Amended Minor Partition Decision 96-12-252 dated February 4,1998. 4. Prior to or concurrent with recording of the Final Survey, the applicant shall execute and record Improvement Agreements against Parcels A and B for future 19th Street improvements, including paving, curb and gutter, storm and sanitary sewer, street lighting, street trees, sidewalk, and planter strip. 5. Prior to or concurrent with recording of the Final Survey, the applicant shall execute and record an Improvement Agreement against Parcel A for future Hayden Bridge Road improvements, including paving, curb and gutter, storm and sanitary sewer, street lighting, street trees, sidewalk, and planter strip. 6. Prior to initiating any development on Parcel A, including construction of a single family dwelling, the applicant shall obtain any necessary City land use approvals and permits as outlined in the City's Development Code, including but not limite"d to provisions of SDC 3.3-820.A and 3.3-825.D. 7. The applicant's Final Survey plan sheets shall be prepared, stamped, and signed by the surveyor of record. Conclusion: As conditioned herein, this proposal satisfies Criterion D. E. The property line adjustment shall not detrimeutally alter the availability of existing public and/or private utilities to each lot or parcel in the application or to abutting lots or parcels. Finding 10: The"proposed property line adjustment does not adversely affect the property frontages where future utility services would be provided to Parcels A and B. Therefore, the availability of public and private utilities is not compromised by this proposal. As previously conditioned (Conditions 4 and 5) future extension of public utilities and the public street system will be facilitated by Improvement Agreements recorded against Parcels A and B. Conclusion: As previously conditioned herein, this proposal satisfies Criterion E. 4 ,-' . . 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. As stated previously, the existing storage building that is used for agricultural activities will remain as a conforming structure on proposed Parcel A. Therefore, the proposed property line adjustment will not increase the degree of non-conformity for the lots or the existing structures. Conclusion: This proposal satisfies Criterion F. CONCLUSION: Considering these findings of fact, staff fmds the Property Line Adjustment complies with the criteria ofSDC 5.16-125 and approves the application subject to the conditions listed below. CONDITIONS OF APPRO V AL: 1. Parcel B shall continue to derive access from the existing driveway onto 19th Street unless and until the applicant obtains a release of reserve stripes) against the property and the applicant obtains any necessary permits for installation of a new or modified driveway. 2. Prior to or concurrent with recording of the Property Line Adjustment Final Survey, the applicant shall record an ingress-egress easement or similar mechanism against Parcel B for the benefit of Parcel A. 3. The parcels affected by the Property Line Adjustment are subject to the terms and conditions of all previous land use decisions affecting the properties, including but not limited to provisions of Amended Minor Partition Decision 96-12-252 dated February 4,1998. 4. Prior to or concurrent with recording of the Final Survey, the applicant shall execute and record Improvement Agreements against Parcels A and B for future 19th Street improvements, including paving, curb and gutter, storm and sanitary sewer, street lighting, street trees, sidewalk, and planter strip. 5. Prior to or concurrent with recording of the Final Survey, the applicant shall execute and record an Improvement Agreement against Parcel A for future Hayden Bridge Road improvements, including paving, curb and gutter, storm and sanitary sewer, street lighting, street trees, sidewalk, and planter strip. 6. Prior to initiating any development on Parcel A, including construction of a single family dwelling, the applicant shall obtain any necessary City land use approvals and permits as outlined in the City's Development Code, including but not limited to provisions of SDC 3.3-820.A and 3.3-825.D. 7. The applicant's Final Survey plan sheets shall be prepared, stamped, and signed by the surveyor of record. SDC 5.16-140 -,- FINAL SURVEY SUBl\fiTTAL, 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 92.01O(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 Pinal Survey may be recorded at the Lane County Surveyor's Office. D. The owners of the 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 deedsshall 5 . . '-. 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. K 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 alimbirdi(V.ci.soringfield.or.usifyou have any questions regarding this process. Prepared ~ d4~{/ ty Limbird Planner II 6 -:' ",' " .' . .." ",,:: . ":",:",,;:.:' ....' . . .' ~';:. "".",:;",. ., ,ti . ~~. CITY OF SPRINGFIELD DEVELOPMENT SERVICES DEPARTMENT . 225 5th ST SPRINGFIELD, OR 97477 , '" "1 I 0'", ,.; ':; ,< ."; Dean Helfrich Helfrich Family Trust 2587 19th Street Springfield, OR 97477 " , (i~ Cny OF SPRINGFIELD .' . .II <.;; DEVELOPMENT SERVICES DEPARTMENT' ". '. .' .', . 225 5th ST ' :, :"t.i SPRINGFIELli,OR9747Y' "",,,., ., -' Jim McLaughlin, PLS 2428 Ranch Drive' Springfield, OR 97477 . j,/J.-' .. .-/:;J" . . "';