HomeMy WebLinkAboutCorrespondence PLANNER 3/4/2004
..
,
.
.
Memo to File
.
Date:
January 28, 2004
From:
FINAL PLAT .REVIEW TEAM
Jim Donovan, DSD Planner ~ _
MountainGate Serial Property"Line Adjustment Easement
(Planning Journal #SUB2003-00049)
To:
Subject:
Please review the draft easement and diagram for compliance with the condition in the attached
decision. A Final Plan has not been submitted yet, the diagram is consistent with the "tentative
pian reviewed at ORe; please contact me if you need more information or a copy of the
proposed plan. Keep in mind that the easement will probably be interim whiie the site
develops in phases, however the criteria of approval precludes creation of lots without access,
so the easement has to be written for perpetuity to deal with the unlikelihood that the Master
Plan, or I, expires.
Please e-mail me with your comments or approval of the.easement language ASAP.
Date Received: 3 -'+-0+
Planner: JD
lofll~
1
.
.
CITY OF SPRINGFIELD
NOTICE OF DECISION - SERIAL PROPERTY LINE ADJUSTMENT
Date of Letter
Planning Case Number
January 23, 2004
SUB2003-00049
Owners:
Applicant:
Surveyor:
Nonnan & Melvin McDougal
Wiley Mtn.lLeeLynn Inc.
P.O. Box 518
Creswell, OR 97426
Mike Evans
Land Planning Consultants
1071 Harlow Road
Springfield, OR 97477
Larry Olson PLS
Olson & Morris
1410 Oak Street
Eugene, OR 97401
Todd Al berts
Alberts Development
PO Box 10545
Eugene, OR 97440
Description of Proposal
The applicant has submitted a Serial Property Line Adjustment Application to reconfigure six existing
parcels: Tax Lot 300 on Lane County Assessor's Map#18-02-04-11, Tax Lot 303 on Lane County
Assessor's Map#18-02-03, Tax Lots 1100, 1101, 1102 on Lane County Assessor's Map#17-02-34-34,
and Tax Lot 602 on Lane County Assessor's Map#17-02-34-43.
The net effect of the 5 step adjustment is to reconfigure existing parcels to comport with phasing plans for
the development of the site ~nder MountainGate Master Plan Approval, City of Springfield File #1995-
02-0039 and Tentative Subdivision Approvals No(s) 2001-04-0087 and 2002-02-0035. The 300+ acre site
is located south of Main/OR 126 at 63"' ~treet, between 57''' and 67'" Streets, in Springfield, Oregon. All
the property is zoned or designated Low Density Residential (LOR), consistent with the City of
Springfield Zoning Map and the Metro Plan Diagram. Properties to the north, west and east are also
zoned and designated LOR. The northerly portion of the site abuts Main Street, and is under construction
of public improvements required by MountainGate Phase I and 2 tentative subdivision approvals. The
easterly portion of the site has frontage on 67'h Street, the southerly portion abuts the Weyerhaeuser Road
and the westerly portion of the site has frontage on 57''' Street. No perimeter boundaries change as a result
of this proposal. .
Decision
Preliminary Approval, with conditions, as of the date of this letter.
Review Process
111is application is reviewed under Type II procedures listed in Springfield Development Code Section
3.080 and the property line adjustment eriteria of approval in Section 33.060.
Serial Property Une Adjustment SUB2003-00049
Mounta;nGatelLana Planning Consu/tants_
.
.
Procedural Finding: Applications for Limited Land Use Decisions require the notification of property
owners/occupants within 100 feet of the subject property allowing for a 14 day comment period on the
application (SDC Sections 3.080 and 14.030). The applicant and parties submitting written comments
during the notice period have appeal rights and are mailed a copy of this decision for consideration (See
Written Comments below and Appeals at the end of this decision.)
Procedural Finding: On November 25,2003, the City's Development Review Committee reviewed the
'proposed plans (Olson & Morris, 5 sheets, date of survey May 8, 2003) and supporting inforn1ation. City
staffs review comments have been reduced to findings and conditions only as necessary for compliance
with the approval criteria ofSC 33.060.
Procedural Finding: Portions of the proposal approved as submitted can not be substantively changed
during filing without an approved decision modification application.
PUBLlC'COMMENTS:
,
Procedural Finding: In accordance with SDC Sections 3.080 and 14.030, public notice was sent to
owner/occupants within 100 feet of the subject site on November 18,2003. No letters were received
during the 14 day notice period.
APPLICANT SUBMITTALS:
The Proposal: This proposed Serial Property Line Adjustment consists of five (5) sequential property
line adjustments designed to establish parcel configurations that will promote patterns for development of
the properties according to the MountainGate Master Plan. This serial property line adjustment will result
in parcels to designate Phases I and II of the MountainGate Development, future development phases and
two areas to be deeded to Willamalane Parks and Recreation as park and open space.
The Sequence of Proposed Adjustments:
Property line adj~stment #1 (1 of 5). This property line adjustment is desib'11ed to have the property line
of tax lot 300 fit general boundaries for future phases of development and open space (park) areas
according to the MountainGate Master Plan. The existing area of tax lot 300 is 0.63 acres and the
proposed adjusted area will be 125.89 acres. For tax lot 303 the existing area is 325.26 acres and the
proposed adjusted area will be 200.0 acres.
Property line adjustment #2 (2 of 5). This property line adjustment is designed to define tax lot 303 to
match the area of the MountainGate proposal that will eventually be designated Parks and Open Space
and acquired by Willamalane Park and Recreation. The existing area of tax lot 303 is 200.0 acres and the
proposed adjusted area will be 16.51 acres. For tax lot 110 I the existing'area is 0.37 acres and the
proposed adjusted area will be 183.56 acres.
Property line adjustment #3 (3 of 5). 111is property line adjustment is designed to further adjust tax lot
1101 to define a future phase of the proposed MountainGate residential development that is adjacent to
approved Phase II. The existing area of tax lot 1101 is 183.86 acres and the proposed adjusted area will be
28.5 acres: For tax lot 1100 the existing area is 0.48 acres and the proposed adjusted area will be 155.83
acres.
Serial Property Une Adjustment SUB2003-00049 2
MountainGatelLand Planning Consultants
.
.
Property line adjustment #4 (4 of 5). This property line adjustment is designed to further adjust tax lot
. 1100 to define the general boundary for an area that will be deeded over to Willamala,:,e Parks and
Recreation, as Park and Open space zoning. It includes the mountain known as Potato Hill or Mountain
Park. The existing area of tax lot 1100 is 155.83 acres and the proposed adjusted area will be 60.27 acres.
For tax lot 1102 the existing area is 3.18 acres and the proposed adjusted area will be 98.73 acres.
Property line adjustment #5 (5 of 5). TIlis property line adjustment is designed to have tax lot 602 define
the area approved as Phases I & II of the proposed MountainGate residential developn\ent. The resulting
tax lot 1102 identifies a future phase or phases adjacent to Phase I. The existing area of tax lot 1102 is
98.73 acres and the proposed adjusted area will be 72.28 acres. For tax I'ot 602 the existing area is 3.16
acres and the proposed adjusted area will be 29.62 acres.
CRITERIA OF APPROVAL (SDC 33.030)
SDC 33.030 States: "The Director shall approve, approve with conditions or deny the Property Line
Adjustment application. Approval or approval with conditions shall be based on compliance with the
following criteria. The Property Line Adjustment shall not:"
(1) Create a new lot or parcel
Applicant Submittal: No new parcels are created through this serial lot line adjustment.
Finding: The applicant is proposing to reconfigure 6 existing parcels: Tax Lot 300 on Lane County
Assessor's Map#18-02-04-11, Tax Lot 303 on Lane County Assessor's Map#18-02-03, Tax Lots 1100,
1101,1102 on Lane County Assessor's Map#17-02-34-34, and Tax Lot 602 on Lane County Assessor's
Map#17-02-34-43. Staff concurs with the applicant's finding; the configuration will not create any new
parcels.
Conclusion: TIlis proposal satisfies Criterion I.
(2) Create a landlocked lot or parcel
Applicant Submittal: Adjusted tax lots 1100 and 303 that' will be deeded to Willamalane and adjusted tax
lot 110 I will be landlocked initially, but access will be provided to it via public roads:,and access
easements as MountainGate is developed according to the approved Master Plan. If deemed appropriate
by the City, a temporary access easement could be established for these parcels. 'I
. Finding: The proposed Serial Property Line Adjustment creates three landlocked parcels on property that
is zoned and designated for residential development according to tlie City of Springfield Zoning Diagram
and the Metro Plan. .
Finding: The land locked parcels proposed are on property approved for residential and park uses in
accordance with the MountainGate Master Plan (May 13, 1998). Master Plan approval assures available
services and code provisions to guide subsequent phases of development, but does not guarantee
development.
Finding: The Master Plan approval did not address temporary access easements for individual parcels,
therefore tlie current access standards of Springfield Development Code Article 16, Residential Districts
must be applied to provide access to the landlocked parcels.
Serial Property Une Adjustment SUB2003"00049 3
MountainGatelLand Plan/iing Consultants .
.
.
Finding: SDC Section 16.030 allows private access provisions instead of direct access to public rights of
way when an approved development plan exists, the easements are not substitutes for future public streets
shown on the Conceptual Local Street Plan, and the minimum lot sizes of SDC Article 29 are maintained
on hinds outside the City limits.
Finding: The applicant submitted a draft easement document subsequent to the origimi] application
infoffilation (December] 7,2003). TIle easement includes blanket provisions for vehicle and utility
access, natura] drainage, maintenance and a sunset clause. The draft proposal does not include final
descriptions and exhibits.
Finding: Access to Tax Lots] 100, 110 I, and 303 can be provided by private easemerits in accordance
with SDC Article] 6 because there is an approved development plan (Master Plan), dedication of public
rights of way shown on the Conceptual Local Street Plan will be required in accordance with Articles ]6
or 37 prior to further development of proposed parcels, and proposed parcel sizes satisfY the minimum
requirements of the Springfield Development Code (see Criterion 3, below).
Conclusion: As proposed, Tax Lots 300, 602 and 1102 will have direct access to public rights of way;
Tax Lots 1100, ] 10 1 and 303 require an approved access easement to comply with SDC Article] 6. The
proposal complies with this criterion subject to the following condition:
Condition]: Prior to Fina] Approva] the applicant shall submit a revised access and utility easement for
review and approval by the City. The revised easement must, at a minimum, address the following:
. Specifically address the provision of sanitary, storm, and all other public utilities,
. Include all exhibits.referenced in the document,
. Show location and dimension of existing roads on an exhibit,
. Specifically address maintenance,
. Revise sunset clause to address vacation or relocation of any existing easeme(lt or portion thereof;
The approved easement document shall be filed concurrently with the final plans.
(3) Reduce an existing lot or parcel below the minimum size standard or reduce setbacks
below the minimum established by the applicable zoning districts in the SDC
Applicant Submittal: This serial lot line adjustment will actually bring several non-conforming lots into
compliance with established lot size standards in the Springfield Deve]opment Code. "
Finding: There are no existing structures on the subject site; therefore setback provisions do not apply.
Finding: TIle largest minimum lot size and dimension standards of the Hillside Development Overlay
District (HDO) are 40,000 square feet of area and 200 feet of frontage, the minimum lot size of the Urban
Fringe Overlay District (UF-IO) is 10 acres. .
Finding: TIle proposed Serial Property Line Adjustment will result in the following lot sizes and street
frontages, which comply with the above referenced standard:
Seriol Property Line Adjustment SUB2003-00049 4
MountainGatelLand Planning Consultants
.
.
Tax Lot Existing Net Existing Net Street
Lot Size Lot Size Street Frontage
Pro Dosed FrDnta2e ProDosed
300 *** .63 ac 126 ac +/- 49' +/- 250'
303 *** 325 ac 16.5 ac 50' 50' (Easement)
602 * 3.16 ac 29.6 '0' 260'
1100* .48 ac 60 ac 30' 0 (Easement)
1101* .37 ac 28.5 ac 20' 0 (Easement) "
1102* 3.18ac 72.2 ac 200' 200'
* HDO
** UF-IO
Conclusion: This proposal satisfies Criterion 3.
(4) Violate any previous conditions the Approval Authority may have imposed on
the lots or parcels involved in the application
Applicant Submittal: There are no previous conditions imposed on the subject lots trat will be violated
by this serial lot line adjustment. It is consistent with the phasing of development and creation of public
open space areas approved by the MountainGate Master Plan.
Finding: Staff concurs with the applicant.
Conclusion: This proposal satisfies Criterion 4.
(5) Detrimentally alter the availability of existing public andlor private utilities to
each lot or parcel in the application or to abutting lots or parcels
Applicant Submittal: This serial lot line adjustment will not impede the provision of public and private
services as progression of the MountainGate Development will allow utilities to extend to each proposed
developable parcel.
Finding: The City Transportation Planning Engineer and Public Works Engineer reviewed the proposal
and determined the Serial Property Line Adjustment would not alter the availability of existing public or
private utilities to the subject parcels or to abutting parcels because all utilities exist along the perimeter
ofthe site and can be extended via the approved Master Plan. .
Finding: An easement has been required for the internal utility access to the proposed parcels under
Criterion 2.
Conclusion: This proposal satisfies Criterion 5 because the utilities existing along the perimeter of the
subject properties can be extended to serve internal properties by required easements.
(6) Increase the degree of non-conformity of each lot, parcel or structure that is
non-conforming at the time of application
Applicant Submittal: This serial lot line adjustment will actually bring four (4) non-c,:mforn1ing lots (Tax
Lots 300, 1100, 110 1, and 1102) into conformance with the existing Springfield Development Code.
Serial Property Une Adjustment SUB2003-00049 5
MountainGotelLand Planning Consultants
.
.
Finding: Staff concurs with the applicant. As demonstrated by the table under Criterion 3 above,
all lot size and access requirements of the code are satisfied by the proposed lot sizes, frontages
and required easements. .
Conclusion: This proposal satisfies Criterion 6.
What Needs To Be Done?
(I) Prior to Final Approval the applicant shall submit a revised access and utility easement
for review and approval by the City. The revised easement must, at a minimum address
the following issues:
. Specifically address the provision of sanitary, stoml, and all other public utilities,
. Include all exhibits referenced in the document,
. Show location and dimension of existing roads on an exhibit,
. Specifically address maintenance,
~ Revise sunset clause to address vacation or relocation of any existing easement or portion
thereof;
The approved easement document shall be filed concurrently with the final plans.
(2) 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.
(3) One copy ofthe Final Survey shall be delivered to the Development Service
Department together with any conditioned documents.
(4) Once the Director and City Surveyor have certified all conditions listed under
Preliminary Survey approval have been met, the Final Survey may be recorded at the
Lane County Surveyor's Office.
(5) The owners of the lots or parcels 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 original recorded documents 'and
signatures of all parties with proper acknowledgment. The Property Line Adjustm~nt
deeds shall also identitY the Planning file number, SUB2003-00049, 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 num ber shall be in addition to
reference by legal d~scription. 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.
(6) 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 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.
Serial Property Une Adjustment SUB2003-00049 6
MountajnGatelLand Planning Consultants
.
.
Appeal
This Type II Serial Property Line Adjustment decision is considered a decision of the Director and as
such may be appealed to the Planning Commission. The appeal may be filed with the Development
Services Department by an affected party. The appeal must be in accordance with SDC, Article 15,
Appeals. An Appeals application must be submitted to the City with a fee of $250.00. The fee will be
returned tO,the appellant if the Planning Commission approves the appeal application.
. In accordance with SDC 15.020 which provides for a lO-day appeal period and Oregon Rules of Civil
Procedures, Rule lO(c) for service of notice by mail, the appeal period for this decision expires at 5:00
p.m. on February 6'" 2004.
Questions
Please call Jim Donovan in the Planning Division of the Development Services Department at (541) 736-
3660 if you have any questions regarding this process.
Prepared By
James P. Donovan
Planner II
()
Serial Property Une Adjustment SUB2003-00049 7
MountainGatelLand Planning Consultants
J '
.
.
j
DECLARATION OF EASEMENT
.'
PARTIES:
LeeLynn, Inc., Wiley Mt. Inc., (LIW) and
Alberts Development, 1.1.C. (Alberts) .
LIW and Alberts (Declarants) own six parcels of real property in the MountainGate
Development in Springfield Oregon, described on Exhibit "A" (property) and reflected
on the map marked Exhibit "B", and. make this Declaration to create easements for
temporary and emergency access over existing roads on the Property, together with
sanitary, storm, and other utility easements as may be necessary to accommodate
development of the respective parcels.
Declarants hereby grant temporary easements 20 feet in width for vehicle access along
eXisting roads within Parcell, 2, 3 and 4 to benefit Parcels 1 through 6. The general
'location of these roads are shown on Exhibit "B".
Declarants also grant easements for storm drainage within existing open water drainage
channels and for all other public utilities necessary to serve Parcels 1 through 6. LIW
shall designate the location of easements prior to their being improved or used.
Easements and improvements within the easements, including roads shall be maintained
by the owners of Parcels 1 through 6 in proportion to their use.
When Subdivision Plats are recorded upon the respective parcels the easements .created
by this document shall expire' as to that parcel and, that parcel shall no longer be
encumbered by this Declaration of Easement. All easements created by this document
will terminate when Subdivision Plats on each of Parcels 1, 2, 3 and 4 have been
recorded. This Declaration of Easement shall then become null and void.
Date:
,2004
LeeLynn, INC. By:
Melvin 1. McDougal
Wiley Mt. INC. By:
Norman N. McDougal'
Alberts Development, 1.1..C. By:
Todd M. Alberts
&JJr
Arf{(~;jaf'l
J '
.
.
!
<
.<
STATE OF OREGON )
)ss.
County of Lane )
On , 2004 personally appeared Melvin L. McDougal
as president of Lee Lynn, INC. and acknowledged the foregoing instrument to be a
voluntary act and deed.
Notary Public for Oregon
My Commission Expires:
STATE OF OREGON )
)ss.
County of Lane )
On , 2004 personally appeared Norman N.
McDougal, president of Wiley Mt. INC. and acknowledged the foregoing instrument to
be a voluntary act and deed.
Notary Public for Oregon
My Commission Expires:
STATE OF OREGON )
)ss.
County of Lane )
On , 2004 personally appeared Todd M. Alberts as
member of Alberts Development, L.L.C. and acknowledged the foregoing instrument to
be a voluntary act and deed.
Notary Public for Oregon
My Commission Expires:
~~~~~P~I~ ~)i i\!{I~~
b~~~U~ts~~~~~~
e 81~le 8 8 i& 8 8 ~..
e~t:li1j~~~~~~~~i~
"~il!:l" t:l ..i~
:t:::t:L"IlIll.I)L')I.I):t:L"I:t:L')L')I.I)Q
55~~~~5~~~~~1!~
!,p_~__::I~ ~~:-i~1
.,,-'\ ~ ~ -....~.
~~~~~IIII,""""I'tJ....",.,"1
;!:~ii::lIll~~~IIl.~~iH2
. ;:;k~t\: l!&l1st;!lJ\:~~.
I
si' .
~!r';i~ t '
I~
!'iF \
~
~
,J~i:iiJtJ'" '",<i"'''''''
-. ,~IQ.~, ,~~~~t~~'e.
h')::e::e~::e::e ,..,n,~~h'):;tillC.\.
-",,,,---...t--t>- ~ ~\ .
""l:A~iili!;~. ~Pi"~ i:I -=
&8'~iil.~,~&!1~~~1;j
I \~..."/,,.
.' ~i
....'J'
"
,.
,
k
~
~
!l
"'~
8~ '41
; !JB~;; ;1'1 ~
~ ~ i ~ iB ,~ m m . ~ ~s. .
l ~: I.~ ~ I ~ ~ ~ .'\. ,
~h~~1 ~. '.:
J m~~l ~
tf;
~~
;:
z )