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HomeMy WebLinkAboutNotice PLANNER 3/9/2010 .- . . . ~ RECEIVED MAR 9 2010 AFFIDAVIT OF SERVICE BY:1i~+ ~ C;~ 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 Development Services Department, City of Springfield, Oregon. 2. I state that in my capacity as, Program Technician, I prepared and caused to be mailedcopiesof5V5Z.0ID-OOOOI1l~t/)/lut;J;~- Pt..A ~ ~ (See attachment "A") on ~/q .2010 addressed to (see Attachment B"), by causing said letters to be placed in a U.S. mail box with postage fully prepaid thereon. JJJAIA< - (AdhwL KAR N LaFLEUR STATE OF OREGON, County of lane or 2010. Personally appeared the above named Karen laFleur, am Technician, who acknowledged the foregoing instrument to be their voluntary Before me: . OfFICIAL SEAL DEVETTE KELLY ". " NOTARY PUBLIC - OREGON COMMISSION NO. 420351 MY COMMISSION EXPIRES AUG. 15. 2011 ~;ft1'. i:J;lj,~ ? It!;// I I ( My Commission Expires: . . ; NOTICE OF DECISION PROPERTY LINE ADJUSTMENT - TYPE I Project Name: Springfield Cemetery Property Line Adju,stment Project Proposal: Adjust the common property line between two adjoining cemetery parcels !TiE' Case Number: SUB2010-00001 Project Location: 7390 McKenzie Highway (Map 17-02-35-00, TL #3702, 3705 & 3706) Zoning: Public Land and Open Space (PLO); Low Density Residential (LDR) Comprebensive Plan Designation: PLO & LDR (Metro Plan) Application Submitted Date: Feb, 12,2010 Decision Issued Date: March 9, 2010 Recommendation: Approval with Condition Final Property Line Survey Submittal Date: - June 7, 2010 Appeal Deadline Date: No Provision for Appeal (SDC 5,1-125,C) Associated Applications: ZON2009-00023 CITY OF SPRINGFIELD DEVELOPMENT REVIEW TEAM NAME And Limbird Jon Driscoll Matt Stouder Matt Stouder Gilbert Gordon Dave Puent PHONE 726-3784 726-3679 . 736-1035 736-1035 726-3661 726-3668 APPLICANT'S DEVELOPMENT REVIEW TEAM Applicant/Owner: Surveyor: Jeff Musgrove Springfield Cemetery Acquisition LLC P,O, Box 22210 Eugene, OR 97402 David Wellman, PLS D Wellman Surveying 90686 N ortbrop Drive Eugene, OR 97402 "....,:., I: '. Date! Received:-p~'" Planner: AL . . DECISION: Preliminary Snrvey Approval 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 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 4 for a summary of the condition 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 February 12, 2010. SITE INFORMATION: The Assessor's description of the affected parcels is Map 17-02-35-00, Tax Lots 3702, 3704, 3705 & 3706. The Springfield city limits runs along the eastern boundary of Tax Lots 3705 and 3706. The affected parcels are part of a contiguous landholding containing the Springfield Memorial Gardens Cemetery and adjoining vacant residential land. A Zoning Map Amendment (Case ZON2009-00023) was recently completed for the 2.95 acre strip of land between the existing and proposed property lines. The subject area was re-zoned from Low Density Residential to Public Land and Open Space in accordance with provisions of the Metro Plan and the Springfield Development Code. The applicant's project narrative indicates the purpose of the property line adjustment is to address an existing building encroachment and to delineate the operating cemetery area (zoned PLO) from the adjoining residential land (zoned LDR). The proposed adjusted property line also would provide a 40-foot setback for the existing mausoleum (currently the property line bisects the mausoleum building). The applicant's submittal states that Tax Lot 3704 will be eliminated and the area incorporated into Tax Lot 3702 upon adjustment of the property line. The proposed property line adjustment and incorporation of Tax Lot 3704 into Tax Lot 3702 would increase the size of Parcel 1 (Tax Lots 3702 and 3704) from -258,902 ft' to -387,153 ft'; and reduce the size of Parcel 2 (Tax Lot 3705) from -313,582 ft' to -236,994 ft' and the size of Parcel 3 (Tax Lot 3706) from -113,232 ft' to -80,565 If. The net area affected by the proposed property line adjustment is approximately 109,108 square feet. Because there is no increase to the number of legal 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 1: The property line adjustment does not create a new lot or parcel. The proposed property line adjustment is intended to address a building encroachment and relocates the common property line between two adjoining parcels. There is no net increase or decrease in the number of affected legal parcels. However, one existing tax lot (Tax Lot 3704) will be eliminated upon adjustment of the property line. . Conclusion:. This proposal satisfies Criterion A. .:.,..-:,-; Date ReGeived: 30/;.>'" Planner: AL f 2 . . . .' B. The property line adjustment shall not create a landlocked lot or parcel. Finding 2: Two of the subject parcels have frontage on a puhlic street (McKenzie Highway). Physical access is afforded to Tax Lot 3702 by private streets dedicated within the Springfield Memorial Cemetery plats. Tax Lot 3705 may derive physical access from McKenzie Highway when the vacant residential land is developed. Although the width of property' frontage will be adjusted for the affected parcels, both will retain frontage on McKenzie Highway. Finding 3: Tax Lot 3706 lacks frontage ona public street, and does not have legal or physical access afforded unless an irrevocable easement is granted across adjacent Tax Lot 3702 and/or 3705. The applicant has not proposed a mechanism for granting legal access to Tax Lot 3706. Condition of Approval: 1. Prior to Or concurrent with recording of the Final Survey, an irrevocable joint access easement that benefits adjusted Tax Lot 3706 shall be recorded against adjusted Tax Lot 3702 and/or against adjusted Tax Lot 3705, and evidence thereof provided to the City. 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 reduce setbacks below the minimum established by the applicable zoning districts in tbe Code. Finding 4: The proposed property line adjustment will provide at least 40 feet of side/rear yard setback between the northeast corner of the mausoleum building and the adjusted east property line of the cemetery. In accordance with SDC 3.2-715, structures in the PLO District must have at least 20 feet of setback from residential districts. The proposed property line adjustment exceeds this standard. Finding 5: In accordance with SDC 3.2-715, there is no minimum parcel size in the PLO District. The proposed property line adjustment increases the size of Parcel I (Tax Lots 3702 and 3704) from 278,045 If to 387,153 If (approximately 8.9 acres). Finding 6: In accordance with SDC 3.2-215, the minimum size of parcels on east-west streets in the LDR District is 4,500 If (0.10 acres). The proposed property line adjustment changes the sizes of Parcels 2,and 3 to 236,994 If and 80,565 If respectively, which exceeds this standard. Finding 7: In accordance with SDC 3.2-215, parcels on east-west streets in the LDR District must have at least 45 feet of frontage. The proposed property line adjustment results in 254.78 feet of frontage for Parcel 2, which exceeds this standard. 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 iuvolved in the application. Finding 8: The proposed property line adjustment does not violate any conditions of previous land use decisions affecting the site, including the most recent land use action (Zoning Map Amendment - Case ZON2009-00023). Conclusion: This proposal satisfies Criterion D. '\. ~~.:, r. .. Date Received: 3/9/;..10 -'7-; Planner: AL 3 . . 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. Finding 9: The proposed property line adjustment does not adversely affect the property street frontages or other locations where existing utility services are provided to Parcels I, 2 and 3. Underground utilities are not shown on the property line adjustinent survey, but should be unaffected by the adjusted property line location. The proposed adjusted property line should allow utilities serving the office, mausoleum building and ancillary buildings to be entirely contained within the cemetery parcels. Provision of utilities to the vacant residential parcels east of the cemetery (adjusted Tax Lots 3705 and 3706) will be determined when development plans are prepared for this property. Therefore, the availability of public and private utilities is not compromised by this proposal. Conclusion: This proposal satisfies Criterion E. F. The property line adjustment shall not increase the degree of non-confonnity of each lot, parcel or structure that is non-confonning at the time of application. Finding 10: The proposed property line adjustment addresses an existing building encroachment by providing a compliant setback foTthe mausoleum building on Parcel I. Therefore, the proposed property . line adjustment will not increase the degree of non-conformity for the parcels or the existing structures. Conclusion: This proposal satisfies Criterion F. CONCLUSION: Considering these fmdings of fact, staff fmds the Property Line Adjustment complies with the criteria ofSDC 5.16-125 and approves the application subject to the condition listed below. CONDITION OF APPROVAL: 1. Prior to or concurrent with recording of the Final Survey, an irrevocable joint access easement that benefits adjusted Tax Lot 3706 shall be recorded against adjusted Tax Lot 3702 and/or against adjusted Tax Lot 3705, and evidence thereof provided to 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 92.010(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. 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 deeds shall contain the names of the parties, the description of the adjusted line, reference to the original recorded documents, and signatures of aU parties with proper acknowledgement. The Property Lme 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. ... , . Date Heceived: Planner: AL 8;"/~/O I I 4 . . 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 (i.e. by June 7, 2010); 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@ci.sorinclield.or.usifyou have any questions regarding this process. Prepared By: yd~ Date: Received:2,McJ. Planner: AL 5 .. . . ~ . -.- SPR'NG"eCD~ raum.i:l:III'{tf;I:f(J}JI'}:I:[t[IJI'~ DEVELOPMENT SERVICES - PLANNING DEPARTMENT 225 FIFTH STREET SPRINGFIELD, OR 97477 Jeff Musgrove Springfield Cemetery Acquistion LLC PO Box 22210 Eugene, OR 97402 SPR1NGFlELD~ ~i~:1I1'[tf;/~9']:I.:ttf'~1'__ .'-1 -- DEVELOPMENT SERVICES ----.. - . PLANNING DEPARTMENT 225 FIFTH STREET SPRINGFIELD, OR 97477 ,.,. . . ... ...... .:.... David Wellman, PLS D Wellman Surveying 90686 Northrop Drive Eugene, OR 97402 . .. . . ." . .. .. .-. . .. . .[)at~~aceived:3/~/Ji>/D .: Planner:. AL . . .. . . .. .. '-. .. . ..;/'13 "..