KEIZER COMMUNITY DEVELOPMENT DEPARTMENT
KEIZER COMMUNITY DEVELOPMENT DEPARTMENT NOTICE OF DECISION LOT LINE ADJUSTMENT CASE NO. 2015-12
I. REQUEST The following report reviews a request to adjust the common property lines between three properties, thereby consolidating them into one parcel, with a remaining parcel to be dedicated for right of way in the future. The properties are located within Area C of the Keizer Station Plan and the proposed lot line adjustment is necessary to implement the development of the adopted Master Plan. The properties are located at 2030, 2040, and 2110 Chemawa Rd NE and are identified on Marion County Tax Assessor’s Map No. 063W36CB tax lot 08800, 08900, and 09000. (Exhibit ‘1’) II. BACKGROUND A.
APPLICANT : Bonaventure Senior Housing
B.
PROPERTY OWNERS: Oregon Territory Development LLC., Jerold & Kathleen Egner, City of Keizer
C.
AGENT:
D.
PROPERTY LOCATION: The properties are located within Area C of the Keizer Station Master Plan area and are identified on Marion County Tax Assessor’s Map No. 063W36CB tax lot 08800, 08900, and 09000. The properties are addressed as 2030, 2040, and 2110 Chemawa Rd NE and are located on the south side of Chemawa Rd in the vicinity of the proposed extension of McLeod Lane.
E.
EXISTING PARCEL SIZES: There are three separate properties which are approximately 0.32 acres, 3.82 acres, and 0.83 acres. After the property line adjustment to consolidate the parcels, the resulting main parcel will be approximately 4.699 acres in size, with a remaining parcel of approximately 0.27 acres that will be retained by the City and is proposed to be dedicated for right of way development.
F.
EXISTING PUBLIC FACILITIES AND DEVELOPMENT: The parcels are a part of Area C of the Keizer Station Master Plan Area and are planned to be developed with a Senior Housing Facility. There is an existing single family home on the Egner property which will be demolished as a part of the development of the Senior Housing project
Mark Grenz, Multi-Tech Engineering Inc.
Lot Line Adjustment Case No. 2015-12 Page 1 of 5
G.
ZONING/LAND USE: The properties are designated Mixed Use in the Comprehensive Plan and are zoned Mixed Use (MU). The properties are a part of Area C of the Keizer Station Master Plan Area and there is an adopted Master Plan.
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III. DECISION Notice is hereby given that the Zoning Administrator for the City of Keizer has APPROVED the proposed Lot Line Adjustment application subject to certain requirements noted below. Findings in support of the decision can be found in Section VII. of this report.
IV. APPEAL Any interested person, including the applicant, who disagrees with this decision, may request an appeal by the Keizer Hearings Officer at a public hearing. The appeal is subject to the appellant paying a $250.00 fee. This fee may be refunded if the appeal is upheld. Requests for appeal by the Hearings Officer must be in writing, on a form provided by the City, and shall state the alleged errors in the original action. The request must be received in the Keizer Community Development Department, 930 Chemawa Road NE, Keizer by 5:00 p.m. August 31, 2015.
Unless the decision is appealed, this decision becomes final on September 1, 2015. V. CONDITIONS 1.
The property line adjustment shall be recorded with the Marion County Clerk by September 1, 2016. After the property adjustment is recorded, no alteration of property lines shall be permitted without first obtaining approval from the Zoning Administrator.
2.
All requirements of the Marion County Surveyor’s office must be met. In order to complete the property line adjustment the property must be surveyed per ORS 92.060(7) and the survey submitted for review. Survey checking fee is required at the time of review. A property line adjustment deed shall be recorded with the Marion County Clerk. Marion County requires perimeter descriptions of the resultant properties. Per ORS 92.190(4): The deed shall contain the names of the parties, the description of the adjusted line, references to original recorded documents and signatures of all parties with proper acknowledgement.
3.
All parcels must comply with the minimum lot size and dimensional standards of the Mixed Use (MU) zone.
4.
This approval does not remove or affect any covenants or restrictions imposed on the subject property by deed or other instrument. The proposed use may require permits from other local, State or Federal agencies. This decision does not take the place of, or relieve the responsibility for obtaining other permits or satisfying any restrictions or conditions thereon, including building permit approvals for future development on each of the parcels.
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VI. COMMENTS AGENCY COMMENTS: A.
The Marion County Surveyor’s office (Exhibit ‘2’) submitted comments regarding the process for accomplishing the lot line adjustment.
B.
The Keizer Public Works Department (Exhibit ‘3’) submitted comments indicating the proposal is consistent with the adopted Master Plan for Keizer Station Area C.
C.
The Keizer Fire District, Keizer Police Department and City of Salem Community Development Department submitted they have reviewed the proposal and have no comments.
VII. FINDINGS The approval or denial of a lot line adjustment is based on compliance with decision criteria found in Section 3.106 of the Keizer Development Code. Section 3.106.04 establishes the decision criteria. The criteria and staff's findings are listed below. 1.
Section 3.106.04.A. The adjustment of the lot lines results in no more parcels than originally existed. FINDINGS: The proposal complies with this requirement as it will adjust/eliminate the common property lines between three contiguous parcels in order to consolidate the parcels into one main property which will be developed with a Senior Housing facility. This proposal will also result in a remnant parcel which is planned to be dedicated for proposed right of way improvements. No new parcels will be created through this land use action. Therefore, staff finds this request satisfies this criterion.
2.
Section 3.106.04. B. The proposed lot line adjustment results in parcels that meet all area and dimension standards of the Keizer Development Code. FINDINGS: The properties are zoned Mixed Use (MU). The parcels are included as a part of Area C in the Keizer Station Master Plan area and are proposed to be developed consistent with the adopted master plan governing Area C. There is an existing single family home which will be demolished to allow for the development of the Senior Housing Facility on the resulting 4.69 acre parcel. The resulting parcels will meet all requirements of the Keizer Development Code and the proposal will allow for the implementation of the adopted Master Plan. It should be noted that there is no minimum lot size requirement in the MU zone required for non-residential uses as noted in Section 2.107.06.A, but the parcel must be adequate contain all structures within the required yard setbacks as specified in Section 2.107.06.B. The area to be adjusted will not result in any conflicts with the adopted master plan approval. As a condition of lot line adjustment approval, the applicant will be required to comply with the Marion County Surveyor’s Office requirements regarding the process to accomplish the lot line adjustment. Staff finds this request satisfies this criterion.
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I. REQUEST The following report reviews a request to adjust the common property lines between three properties, thereby consolidating them into one parcel, with a remaining parcel to be dedicated for right of way in the future. The properties are located within Area C of the Keizer Station Plan and the proposed lot line adjustment is necessary to implement the development of the adopted Master Plan. The properties are located at 2030, 2040, and 2110 Chemawa Rd NE and are identified on Marion County Tax Assessor’s Map No. 063W36CB tax lot 08800, 08900, and 09000. (Exhibit ‘1’) II. BACKGROUND A.
APPLICANT : Bonaventure Senior Housing
B.
PROPERTY OWNERS: Oregon Territory Development LLC., Jerold & Kathleen Egner, City of Keizer
C.
AGENT:
D.
PROPERTY LOCATION: The properties are located within Area C of the Keizer Station Master Plan area and are identified on Marion County Tax Assessor’s Map No. 063W36CB tax lot 08800, 08900, and 09000. The properties are addressed as 2030, 2040, and 2110 Chemawa Rd NE and are located on the south side of Chemawa Rd in the vicinity of the proposed extension of McLeod Lane.
E.
EXISTING PARCEL SIZES: There are three separate properties which are approximately 0.32 acres, 3.82 acres, and 0.83 acres. After the property line adjustment to consolidate the parcels, the resulting main parcel will be approximately 4.699 acres in size, with a remaining parcel of approximately 0.27 acres that will be retained by the City and is proposed to be dedicated for right of way development.
F.
EXISTING PUBLIC FACILITIES AND DEVELOPMENT: The parcels are a part of Area C of the Keizer Station Master Plan Area and are planned to be developed with a Senior Housing Facility. There is an existing single family home on the Egner property which will be demolished as a part of the development of the Senior Housing project
Mark Grenz, Multi-Tech Engineering Inc.
Lot Line Adjustment Case No. 2015-12 Page 1 of 5
G.
ZONING/LAND USE: The properties are designated Mixed Use in the Comprehensive Plan and are zoned Mixed Use (MU). The properties are a part of Area C of the Keizer Station Master Plan Area and there is an adopted Master Plan.
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III. DECISION Notice is hereby given that the Zoning Administrator for the City of Keizer has APPROVED the proposed Lot Line Adjustment application subject to certain requirements noted below. Findings in support of the decision can be found in Section VII. of this report.
IV. APPEAL Any interested person, including the applicant, who disagrees with this decision, may request an appeal by the Keizer Hearings Officer at a public hearing. The appeal is subject to the appellant paying a $250.00 fee. This fee may be refunded if the appeal is upheld. Requests for appeal by the Hearings Officer must be in writing, on a form provided by the City, and shall state the alleged errors in the original action. The request must be received in the Keizer Community Development Department, 930 Chemawa Road NE, Keizer by 5:00 p.m. August 31, 2015.
Unless the decision is appealed, this decision becomes final on September 1, 2015. V. CONDITIONS 1.
The property line adjustment shall be recorded with the Marion County Clerk by September 1, 2016. After the property adjustment is recorded, no alteration of property lines shall be permitted without first obtaining approval from the Zoning Administrator.
2.
All requirements of the Marion County Surveyor’s office must be met. In order to complete the property line adjustment the property must be surveyed per ORS 92.060(7) and the survey submitted for review. Survey checking fee is required at the time of review. A property line adjustment deed shall be recorded with the Marion County Clerk. Marion County requires perimeter descriptions of the resultant properties. Per ORS 92.190(4): The deed shall contain the names of the parties, the description of the adjusted line, references to original recorded documents and signatures of all parties with proper acknowledgement.
3.
All parcels must comply with the minimum lot size and dimensional standards of the Mixed Use (MU) zone.
4.
This approval does not remove or affect any covenants or restrictions imposed on the subject property by deed or other instrument. The proposed use may require permits from other local, State or Federal agencies. This decision does not take the place of, or relieve the responsibility for obtaining other permits or satisfying any restrictions or conditions thereon, including building permit approvals for future development on each of the parcels.
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VI. COMMENTS AGENCY COMMENTS: A.
The Marion County Surveyor’s office (Exhibit ‘2’) submitted comments regarding the process for accomplishing the lot line adjustment.
B.
The Keizer Public Works Department (Exhibit ‘3’) submitted comments indicating the proposal is consistent with the adopted Master Plan for Keizer Station Area C.
C.
The Keizer Fire District, Keizer Police Department and City of Salem Community Development Department submitted they have reviewed the proposal and have no comments.
VII. FINDINGS The approval or denial of a lot line adjustment is based on compliance with decision criteria found in Section 3.106 of the Keizer Development Code. Section 3.106.04 establishes the decision criteria. The criteria and staff's findings are listed below. 1.
Section 3.106.04.A. The adjustment of the lot lines results in no more parcels than originally existed. FINDINGS: The proposal complies with this requirement as it will adjust/eliminate the common property lines between three contiguous parcels in order to consolidate the parcels into one main property which will be developed with a Senior Housing facility. This proposal will also result in a remnant parcel which is planned to be dedicated for proposed right of way improvements. No new parcels will be created through this land use action. Therefore, staff finds this request satisfies this criterion.
2.
Section 3.106.04. B. The proposed lot line adjustment results in parcels that meet all area and dimension standards of the Keizer Development Code. FINDINGS: The properties are zoned Mixed Use (MU). The parcels are included as a part of Area C in the Keizer Station Master Plan area and are proposed to be developed consistent with the adopted master plan governing Area C. There is an existing single family home which will be demolished to allow for the development of the Senior Housing Facility on the resulting 4.69 acre parcel. The resulting parcels will meet all requirements of the Keizer Development Code and the proposal will allow for the implementation of the adopted Master Plan. It should be noted that there is no minimum lot size requirement in the MU zone required for non-residential uses as noted in Section 2.107.06.A, but the parcel must be adequate contain all structures within the required yard setbacks as specified in Section 2.107.06.B. The area to be adjusted will not result in any conflicts with the adopted master plan approval. As a condition of lot line adjustment approval, the applicant will be required to comply with the Marion County Surveyor’s Office requirements regarding the process to accomplish the lot line adjustment. Staff finds this request satisfies this criterion.
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