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HomeMy WebLinkAboutNotice PLANNER 9/28/2009 -- . ' ~ RECEIVED SEP 28 2009 By:~~ ~ 7JN~ , / 6~ J> f~ AFFIDAVIT OF SERVICE 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 Tec~nician, I prepar.ed and caused to b~ rII M rl.u~ '\ mailed copies ofouB2Q)Q- ceo/Ie> ~ff:i.U ~ J)MJ.l4.~ - 'PLA (4i4la.. ~H'......."/ (See attachment "A") on 1 Jf . 2 9 addressed to (see 13~ ~ Attachment B"), by causing said . letters to be placed in a U.S. mail box with postage fully prepaid thereon. ~FLd.Sdk~ STATE OF OREGON, County of Lane ,<:::;(1 ff!i!!f;ba , '30 .2009. Personally appeared the above named Karen LaFleur, prog'am Technician, who acknowledged the foregoing instrument to be their voluntary act Before me: ~ ~ OFFICIAL SEAL DEVETTE KELLY NOTARY PUBLIC - OREGON COMMISSION NO, 420351 MY COMMISSION EXPIRES AUG, 15, 2011 ~/~~ My Commission Expires: % /;5/;; / (~ . '. ,~~ City of Springfield Development Services Department 225 Fifth Street Springfield, OR 97477 PROPERTY LINE ADJUSTMENT Staff Report & Decision . Project Name: Afiya Apartments, Inc. Project Proposal: Adjust shared lot line to reconfigure lots to accommodate mixed-use residential development Case Number: SUB2009.-00016 Project Location: 1082 &1096 Main Street~ 17-03-35-41-4600 & 4700 . Zoning:. Mixed-Use Residential (MUR) . . Overlay District(s): N/A . Applicable Refinement Plan: N/A Refinement Plan Designation: N/A Metro Plan Designation: Medium Density Residential (MDR) & Mixed-Use Overlay Application Submittal Date: July 27, 2009 Application Accepted as Complete Date: July 27, 2009 Decision Issued Date: September 28, 2009 Final Survey Submittal Date: December 27, 2009 Recommendation: Approval with Conditions Associated Applications: DRC2009-00029 (Site Plan Review), DRC2009~00030 (Tree Felling Permit), PRE2009-00017 (Pre-Submittal for Site Plan Review), ZON2009-00007 (DIM), ZON2007-00034 (DIM) & ZON2007-00053 (City-Sponsored Zone Change from CC to MUR due to plan/zone conflict) lrOE\lEE(jF!MENTlREViEW'C-0MMifftfEE1;1l%!,';lJ\~iliili#ii<i""""""",k:!ii.'<'~~""'.It'~~~i""'~"',m_.li!t!l"ha:'''''''''''j :, " ,t,' ;. _. :t." ! 1, '.&;!:" ;;,>4::",jl~~~::::t'~\'1f~ifile:)EJkiC~Jdti9L:,;,,-;Jg~Jlli&\,~y,~:1i_':ht~,,-',,' ~;~__lt~jj.;1l~::\~{ff~~' '.~!m%t"l~~.;.;,,;yJt~gji POSITION REVIEW OF NAME PHONE Planner II -c- Land Use Plannina Mollv Markarian 726-461 1 Enoineer in Trainina TransDortation Jon. Driscoll 726-3679 Civil Enoineer Utilities, Sanitarv & Storm Sewer Clavton McEachern 736-1036 DeDutv Fire Marshal Fire and Life Safety Gilberl"Gordon 726-2293 Surveyor Survevina Chris Moorhead 736-101 1 Plans Examiner Buildina Kip Kaufman 726-3623 ~AP.eLlICANI1SJbEVE(10F.lMENnRE\f.IEVV,~IEfi.Ml11~l!I_.miJI<<;R;1hi()Ic:il.k~jlJl,[~il1~".:f1l'jii:\I'Bft~.r\lill?~ Owner Applicant Applicant's Representative Springfield Church of the Brethern Afiya Apartments, Inc. Carl Kern 1072 Main Street clo ShelterCare Sheltercare Springfield, OR 97477 P.O. Box 2338 PO. Box 2338 Euaene, OR 97402 Euaene, OR 97402 Case No. SUB2009-00016 1016 . . " DECISION This staff report and decision grants approval with conditions to tl:1e subject application, as of the date of this decision, The standards of the Springfield Development Code (SDC) applicable to each criterion of approval are listed herein and are satisfied by the submitted plans and notes unless s'pecifically noted in this decision with findings and conditions necessary for compliance. The fimid surv~y submittal must conform to the plans as submitted and as conditioned herein. This is a ministerial decision made according to city code and state statutes. This decision is final and may not be appealed: Please read this document in its entirety. " USES AUTHORIZED BY THIS DECISION This application is for a property line adjustment. No uses are authorized by this decision. Development on the subject properly is subject to the requirements of the SDC. REVIEW PROCESS , , , ' This application has been reviewed under the procedures listed in SDC 5.1-125, Type I Applications, , an'd SDC 5.16-100, Property Line Adjustmemts. Thi,s application was accepted as complete 01) July 27, 2009, and this decision is issued 63 days after complete submittal of ttie application., It should be noted that thEl applicant submitted a revised Preliminary Property Line Adjustment Survey on September 23, 2009 in respons'e to concerns the Building Division raised during the Property Line Adjustment review . . '. . . ' . process. SITE INFORMATION The two irregularly-shaped adjacent tax lots that are the subject bf the proposed property line adjustment are located on the north side of Main Street between 10th and 12th Streets, inside the City limits. Tax Lot 4700, the western most tax lot, is vacant but contains several trees on the north end of the lot, as well as several gravel paths, wood chip play areas, and gravel parking areas. Tax Lot-4600, the eastern most tax lot, contains an existing approximately 2,000 square foot residential structure in the southeast corner of the lot. Tax Lots 4600 and 4700 are part of a four-lot property that is In the process of being re-developed. Approval of the property line adjustment would re-shape the two tax lots such that both lots would be more conducive to the type of mixed-use residential development required on the property by the zoning. The development of a multi-unit housing complex is currently proposed as part of Case No. DRC2009-00029 (Site Plan Review) and DRC2009-00030 (Tree Felling Permit) on the vegetated but vacant north end of the currently configured tax lots, Property to the north of the public alley that borders the site on the north is zoned Low-Density Residential while property to the east and west of the site is zoned Community Commercial. PROPERTY LINE ADJUSTMENT - CRITERIA SDC 5.16-125 states that an application shall be approved or approved with conditions upon determination that the criteria listed in SDC 5.16-125 A. through F. have been satisfied and that if conditions cannot be attached to satisfy the approval criteria, the application shall be denied. Criterion 1lSDC 5.16-125 A.I The property line adjustment shall not create a new lot/parcel. Finding: The proposed property line adjustment will not create a new lot/parcel. The two lots that are the subject of this property line adjustment are Map and Tax Lots 17-03-35--41, 4600 and 4700, and these two lots will continue to exist after the property line adjustment is complete. The purpose of the property line adjustment is to reconfigure the shape and dimensions of the two lots. Conclusion: This application satisfies Criterion 1 (SDC 5.16-125 A.). Case No. SUB2009-00016 2016 '-if . . Criterion 2 ISDC 5.16-125 B.l The property line adjustment shall not create a landlocked lot/parcel. Finding: Tax Lot 4600 will continue to have direct frontage along Main Street, a public right-of-way. Tax Lot 4700 will have direct frontage along a public alley that abuts the property to the north, an9 it will also have access to Main Street via a shared driveway that will have an irrevocable joint use, access, and maintenance easement and agreement recorded on it as discussed and as conditioned in ttie concurrent Site Plan Review Case No. DRC2009-00029 (Condition #16). Condition #1: Prior to or concurrent with the recording of the Property Line Adjustment F;inal Survey, the' applicantshall record the joint use, access, and maintenance easement and agreement discussed and conditioned in the staff report associated witli the Site Plan Review Case No: DRC2009-00029 for the subject property. NOTE: Condition #16DRC2009"00029 requires the applicant to submit a draft of the joint use, access, and maintenance easement and agreement to the 'City of Springfield for review and approval prior to recording the easement and agreement. ". ".'" .... , , , Finding: As conditioned above, this application meets the requirements ofsbc 5.16-125 B. , , , , C~nclusion: This application satisfies Criterion 2 (SbC 5.16-125 B.) as conditioned herein. Criterion 3 ISDC 5.16-125 C.l , , , The p;nperty line adjustment shall not 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: The subject property is zoned Mixed-Use Residential (MUR). SDC 3.2-610 states that the minimum lot size for MUR-zoned properties is determined by SDC 3.2-215, which states that the' minimum lot size on East-West Streets is 4,500 square feet. Finding: The proposed property line adjustment will result in Tax Lot 4600 measuring 10,554 square feet and Tax Lot 4700 measuring 12,254 square feet. Finding: SDC 3.2-610 states that the setbacks in MUR-zoned properties are determined by the residential setbacks outlined in SDC 3.2-215, wherein front yard and rear yard setbacks are 10 feet and interior yard setbacks are five feet. Finding: The development proposed as part of the concurrent Site Plan Review Case No. DRC2009- 00029 meets the setback requirements of the proposed newly configured Tax Lot 4700. The existing residential building proposed to remain on the newly configured Tax Lot 4600 meets the front yard, rear yard, and west side yard setback requirements. The existing building is located between 3'7" and 3'9" from the existing east property line and is considered to have a pre-existing non-conforming east side yard setback. . Finding: The application, as submitted, meets the requirements of SDC 5.16-125 C. Conclusion: This application satisfies Criterion 3 (SDC 5.16-125 C.). Criterion 4 ISDC 5.16-125 D.l The property line adjustment shall not violate any previous conditions the Approval Authority may have imposed on the lots/parcels involved in the application. Finding: No conditions have been imposed on the lots involved in the application, and the property line adjustment will not violate any of the conditions to be imposed on the lots involved in the application as part of the concurrent approvals for DRC2009-00029 (Site Plan Review) and DRC2009- 00030 (Tree Felling Permit). Conclusion: This application satisfies Criterion 4 (SDC 5.16-125 D.). Case No, SUB2009-00016 3016 . . . Criterion 5 ISDC 5.16-125 E.l . The property line adjustment shall not detrimentally alter the availability of existing public and/or private utilities to each lot/parcel in the application or to abutting lots/parcels. Finding: The existing residential structure on the currently configured Tax Lot 4600 is served by a sanitary sewer lateral from thE! sanitary sewer main in the alley north of the subject property as depicted on the Preliminary Property Line Adjustment Survey. The proposed reconfiguration of the tax lots would result in this sanitary sewer lateral being located on Tax Lot 4700. . Finding: As discussed on page five of the staff report for the concurrent Site Plan Review application for the subject property (Case No. ORC2009-00029), the applicant has proposed a five-foot wide private utility easement over the existing sanitary sewer lateral to benefit Tax Lot 4600~ The recording of this easement is a condition of approval (Condition #1) for DRC2009-cio029. In addition, the applicant has proposed prOl/iding a new dry line for future sanitary sewer service io Tax Lot 4600 . because when Tax Lot 4600 is redeveloped, the existing sanitary sewer lateral will be tapped off and. . the new lateral used in its place'. . Condition #2: Prior to or concurrent with the recording of.the Property Line Adjustment Final Survey, the applicant shall record the private utility easement discussed and conditioned in the staff report associated with the Site Plari Review Case No. DRC2009~00029 for the subject property. Finding: As conditioned above, this application meets the requirements of SOC 5.16-125 E. Conclusion: This application satisfies Criterion 5 (SDC 5.16-125 E.) as conditioned herein. Criterion 6 ISDC 5.16-125 F.l 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: As discussed under Criterion 3 above, the east side yard building setback for the existing structure on Tax Lot 4600 is not in conformance with the setback requirements of the SOC. However, the property line adjustment will not increase the degree of non-conformity that already exists for this building setback. Conclusion: This application satisfies Criterion 6 (SDC 5.16-125 F.). SUMMARY OF CONDITIONS OF APPROVAL NOTE: This summary of the conditions of approval is provided as a courtesy to the applicant. The applicant should, however, carefully read the decision in its. entirety to understand the basis for each condition. In addition, as stated earlier, the applicant must comply with the entire decision, and the final survey must conform to the approved preliminary surveyor as conditioned herein. 1. Prior to or concurrent with the recording of the Property Line Adjustment Final Survey, the applicant shall record the joint use, access, and maintenance easement and agreement discussed and conditioned in the staff report associated with the Site Plan Review Case No. DRC2009-00029 for the subject property. NOTE: Condition #16 DRC2009-00029 requires the applicant to submit a draft of the joint use, access, and maintenance easement and agreement to the City of Springfield for review and approval prior to recording the easement and agreement. 2. Prior to or concurrent with the recording of the Property Line Adjustment Final Survey, the applicant shall record the private utility easement discussed and conditioned in the staff report associated with the Site Plan Review Case No. DRC2009-00029 for the subject property. Case No. SUB2009-00016 4016 ., . . , '. CONCLUSION The application, as submitted and conditioned herein, complies with the six criteria listed in SDC 5,16- 125 A. through F. The property line adjustment as submitted and conditioned herein may not be substantively changed prior to the recording of the Final Survey. . .'. . _: . WHAT NEEDS TO BE DONE?, . ", . . , . ,Final Survev Submittal. Comoliance with Conditions. arid Record'ationof Documents SDC 5.16-140 and SDC 5.16-145 state that the applicant shall, within 90 days of this decision, complete the following: A. A Final Survey shall be prepared, stamped, and signed by an Oregon registered Land Surveyor as specified inORS 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 City Surveyor have certified that all conditions listed underPrelimiriary Survey approval have been met, the Final Survey may be recorded at the 'Lane County Surveyor's Office.' ' " . D. The owners of the lcitsiparcels included in the application shali.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 original recorded documents, and signatures of all parties with proper acknowledgement. The Property Line Adjustment deeds shall also 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 ttie affected properties by map and tax lot number shall be in addition to reference by legal description. E. A copy of the recorded Final Survey and deeds shall be delivered to the Development Services Department together with any other recorded documents that may have been required as a condition of approval. ADDITIONAL INFORMATION The application, all documents, and supporting evidence are available for free inspection (copies are available for a fee) at the Development Services Department. APPEAL This Type I decision is exempt from the proVIsions of ORS 197.195, 197.763, and 227.173 and therefore cannot be subject to the appeal provisions of SDC 5.3-100, Appeals. In the event that the applicant disagrees with the application of the development standards in this decision, the applicant may request a Type III Interpretation. QUESTIONS Please call Molly Markarian in the Development Services Department Planning Division at 726-4611 or em ail heratmmarkarian@ci.springfield.or.usif you have any questions. PREPARED BY Molly Markarian Planner II Community Planning & Revitalization Section Case No. SUB2009-00016 5016 APPENDIX A . . , i. . .., TREET ~_ - N ~OO' E 3300' IN 1'13'00' E 33.00'12 E 691.93,)2 E. 661.97' ROD W 0.24'., W 0.25',- -eREOMIIilAR\'TITLE REPORT NO. 7199'100lSn -OA'I to 1 PRELIMINARY TITLE REPORT NO. 7199-1001638 DATED I PRELIMINARY TITLE REPORT NO. 7199-1001673 DATED I PRELIMINARY TITLE REPORT NO. 7199-1001705 DATED I 8. BARGAIN AND 5ALE DEED . " RECORDED NOVEMBER II, 2004 RECEP. NO., 8233418 LANE COUNTY OREGON DEEDS AND RECORDS OFfiCE 9. WARRANTY DEED RECORDED IN VOLUME 14, PAGE 480 REGIS. NO. 3167' LANE COUNTY OREGON REGISTERED TITLE INDEX 10. MEMORANDUM Of LAND SALE CONTRACT RECORDED DEC. 30, 1988 INST. NO. ,8854920 LANE COUNTY OREGON DEEDS AND, RECORDS OFfiCE '~, I. ROD WITH . 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""'---- ----- G:.,: :;~ ~ MAIN -~- srio 2'STl' o STM , 1M ......................a .".... :in ~ I 'On It. ron Tl,..,...,.9.....___...~ ~ TA 6016 , , , " , " . . ,. , , , , ' , "". , , .-. . ..." . . - . . .' - ..-', . ", '. ,', .' .. .' " . . ." , , ' , . . . . ,"-', ," ',. ," " '., , , '-', ,,,"""'-;'", .' '" CITY OF SPRINGFIELD DEVELOPMENT SERVICES DEPARTMENT 225 5th ST SPRINGFIELD, OR 97477, Springfield Church of the Brethern 1072 Main Street Springfield, OR 97477 CITY OF SPRINGFIELD DEVELOPMENT SERVICES DEPARTMENT 225 5th ST SPRINGFIELD, OR 97477 . .' ~ Afiya Apartments, Inc. c/o ShelterCare P.O. Box 2338 Eugene, OR 97402 CITY OF SPRINGFIELD DEVELOPMENT SERVICES DEPARTMENT 225 5th ST SPRINGFIELD, OR 97477 Ann Delaney Bergsund Delaney Architecture & Planning 1369 Oiliive Street Eugene, OR 97401 . . .. . ". ,",. . .-', . '-, ' .. .. , " '". . '" '., . . ..... " ",' .. . ..". " ,'. Iz., :': ',p ,