Loading...
HomeMy WebLinkAboutNotice PLANNER 1/22/2004 r . . ) j) ()I'--67J~ " 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 Clerk III for the Planning Division of the Development Services Department, City of Springfield, Oregon. . 2. I state that in my capacity'''' Cler III, I prepared and caused to be mailed copies :5UI32003-000'f<1 M<()o s of Iu 'SU-la).. L.I"nL~' (See attachment "A") on 1/2.2.. ,2004 addressed to (see Attachment B"), by causing said letters to be placed in a U.S. mail box with postage fully prepaid thereon. K~~ J(~ STATE OF OREGON, County of Lane 'Iff , 2004. Personally appeared the above named Karen LaFleur, Clerk III, who acknowledged the foregoing instrument to be their voluntary act. Before me: fA,NL}vk I . My Commission Expires: OFFICIAL SEAL BRENDA JONES NOTARY PUBLIC - OREGON COMMISSION NO. 332473 Ml COMMISSION miRES M~ll1. 2004 ~ n :JtJt14-- I Date Received: Planner: I /'LJ 0'-1- . ::TD loT9 pr~<[A./ ~ . . , . ="-,-...,.- - : ~~ :;;'-C..~.r...~.. CITY OF SPRINGFIELD NOTICE OF DECISION - SERIAL. PROPERTY LINE ADJUSTMENT 225 FIFTH STREET SPRINGFIELD, OR 97477 (541) 726-3753 FAX (541) 726-3688 IA'/vr'Vl/.ci.springfield. or. us Date of Letter Planning Case Number January 23, 2004 SUB2003-00049 Owners: Applicant: Surveyor: NOffilan & Melvin McDougal Wiley Mtn./LeeLynn 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 Alberts 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 under MountainGate Master Plan Approval, City of Springfield File #1995- 02-0039 and Tentative Subdivision Ap,frovals No(s) 2001-04-0087 and 2002-02-0035. The 300+ acre site is located south of Main/OR 126 at 63 Street, between 57'h and 67'h Streets, in Springfield, Oregon. All the property is zoned or designated Low Density Residential (LDR), 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 LDR. The northerly portion of the site abuts Main Street, and is under construction of public inlprovernents 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'h Street. No perimeter"boundaries change as a result of this proposal. . Decision Prelinlinary Approval, with conditions, as of the date of this letter. Review Process This application is reviewed under Type II procedures listed in Springfield Development Code Section 3.080 and the property line adjustment criteria of approval in Section 33.060. Serial Property Une Adjustment SUB2003-00049 MoumainGatelLand Planning Consultants . . t. ." Procedural Finding: Applications for Limited Land Use Decisions require the notification of property owners/occupants within] 00 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 information. 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. PUBLIC COMMENTS: Procedural Finding: In accordance with SDt 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 e'stablish 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 ofthe 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 adjustment #1 (I of 5). This property line adjustment is designed 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 oftax lot 300 is 0.63 acres aria the proposed adjusted area will be 125.89 acres. For tax lot 303 the existing area is 32526 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 1101 the existing area is 0.37 acres and the proposed adjusted area will be 183.56 acres. . Property line adjustment #3 (3 of 5). This 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 SUB200]-<J0049 2 MountainGatelLand Planning Consultants '1 . . .< 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 Willamalane 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 adjustmeni #5 (5 of 5). This property line adjustment is designed to have tax lot 602 define the area approved as Phases I & II of the proposed MountainGate residential development. The resulting tax lot 1102 identifies a future phase or phases adjacent to Phase I. The existing area oftax lot 1102 is 98.73 acres and the proposed adjusted area will be 72.28 acres. For tax lot 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 Pr?perty Line Adjustment shall not:" (1) Create a new lot or parcel Applicant Submittal: No new parcels are created through tlus 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 tile applicant's finding; the configuration will not create any new parcels. Conclusion: This proposal satisfies Criterion 1. (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 1101 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. Finding: The proposed Serial Property Line Adjustment creates three landlocked parcels on property that is zoned and designated for residential development according tq tile 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 the 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 Planning 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 lands outside the City limits. . Finding: The applicant submitted a draft easement document subsequent to the original application infomlation (December 17,2003). TIle easement includes blanket provisions for vehicle and utility access, nat\lral drainage, maintenance and a sunset clause. The draft proposal does not include final descriptions and exhibits. Finding: Access to Tax Lots 1100, 1101, and 303 can be provided by private easements in accordance with SDC Article 16 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 16 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, 110 I and 303 require an approved access easement to comply with SDC Article 16. The proposal complies with this criterion subject to the following condition: Condition 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: . 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 easement 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 Development Code. . Finding: There are no existing structures on the subject site; therefore setback provisions do not apply. Finding: The largest minimum lot size and dimension standards of the Hillside Development Overlay District (HOO) 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: The proposed Serial Property Line Adjustment will result in the following lot sizes and street frontages, which comply with the above referenced standard: Serial ProPerty Une Adjustment SUB2003-00049 4 MountainGatelLand Planning Consultants OJ . . Tax Lot Existing Net Existing Net Street Lot Size Lot Size Street Frontage Proposed Frontaoe Pro nosed 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) I JOl' .37 ac 28.5 ac 20' 0 (Easement) 1102' 3.18ac 72.2 ac 200' 200' .' , HDG ** 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 that 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 and/or 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 of the 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-confornling lots (Tax Lots 300,1100,1101, and 1102) into conformance with the existing Springfield Development Code. Serial Property Une Adjustment SUB2003-00049 5 MountainGatelLand Planning Consultants . . ~ ," Finding: Staff concurs with the applicant. As demonstrated by the table under Criterion 3 above, all lot size and access requirements ofthe code are satisfied by the proposed lot sizes, frontages and required easements. Conclusion: This proposal satisfies Criterion 6. What Needs To Be Done? (1) 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, 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 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 of the 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 ofthe 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 Adjustment deeds shall also identify 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 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. (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 MountainGatelLand Pfanning 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. TIle 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 alO-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 F ebrnary 6'", 2004. Questions. Please call Jim Donovan in the Planning Division of the Development Services Department at (541) 736- 3660 if you have any qnestions regarding this process. . ""p,red By U J;.' ~~>d~.~J.,~ ~mes P. Donovan -"' Planner II Serial property Une Adjustment SUB2003-00049 7 MountoinGatelLand Planning Consultants . . , ~~ LLoJ' " '" ......"U_'-, SPRINGFIELD,. OR 97477 ~-- ~--_.----......."-.-.........,........."",,..... --- PLANNING DEPARTMENT, 225 FIFTH STREET SPRINGFIELD, OR 97477 ~"j"..]:If,."f;j:lh"f1~/=f.,1".l;';;r.f"1.U DEVELOPMENT SERVICES PLANNING DEPARTMENT 225 FIFTH STREET SPRINGFIELD, OR 97477 . . Norman & Melvin McDougal Wiley Mtn./LeeLy~n Inc. PO Box 518 Creswell, OR 97426 -~ Mike Evans Land ,Planning Consultants 1071 Harlow Road Springfield, OR 97477 IJia: ~ - --- Larry Olson PLS Olson & Morris 1410 Oak Street Eugene, OR 97401 CtttacJvwLUVC 6 . .