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HomeMy WebLinkAboutApplication APPLICANT 6/26/2013 • • • ;City of Springfield SPRINGFIELD Development Services Department 225 Fifth Street Springfield, OR 97477 Site Plan Review Application Type (Applicant: check one) Site Plan Review Pre-Submittal: 0 Major Site Plan Modification Pre-Submittal: ❑ Site Plan Review Submittal: ❑ Major Site Plan Modification Submittal: ❑ Required Project Information (Applicant: complete this section) Applicant Name: Dan Weber Phone: 541-687-8445x23 Company: Weber Properties, LP Email: Address: PO Box 23408 , Eugene OR 97402 dweber @webertacobells . com Applicant's Rep.: Renee Clough, PLS, PE, AICP Phone: 541-746-0637 Company: Branch Engineering, Inc . Email: Address: 310 5th Street, Springfield OR 97477 renee @branchengineering. com Property Owner: Dan Weber Phone: 541-687-8445x23 Company: Weber Properties, LP Email: Address: PO Box 23408, Eugene OR 97402 dweber @webertacobells . com ASSESSOR'S MAP NO: 17-03-26-24 TAX LOT NO(S): 2700 Property Address: 1866 5th Street Size of Property: 0 . 66 Acres Fl Square Feet ❑ I Proposed Density:29units/ac Proposed Name of Project: Description of If you are filling in this form by hand, please attach your proposal description to this application. Proposal: Phase 1 :Construct 12 new units and associated infrastructure . Phase 2 : Existing Use: Single family residential Replace existing home with 4 new units . New Impervious Surface Coverage (Including Bldg. Gross Floor Area): 20, 967 sf Si • natures: Please si•n and •rint our name and date in the a• •ro•riate box on the next •a•e. Required Project Information (City Intake Staff: complete this section) Associated Applications: Pty /3- O303( \M) Signs: Pre-Sub Case No.: ea 13- dote) Date: 6/24:112, Reviewed by: Case No.: Date: Reviewed by: Application Fee: $ )y Technical Fee: $ C Postage Fee: $C TOTAL FEES: $ �xL/ - . tSM/a )y5 f� 9@HMI i1A2 ! 62 /? � - Z Revised 2/27/12 EMM - jjb 4,4 JUN 2 62013 1 of 11 • • Owner Signatures This application form is used for both the required pre-submittal meeting and subsequent complete application submittal. Owner signatures are required at both stages in the application process. An application without the Owner's original signature will not be accepted. Pre-Submittal The undersigned acknowledges that the information in this application is correct and • accurate for scheduling of the Pre- Submittal Meeting. If the applicant is not the owner, the owner hereby grants permission for the applicant to act in his/her behalf. I/we do hereby acknowledge that I/we are legally responsible for all statutory timelines, information, requests and requirements conveyed to my representative. Owner: c Date: /..2..1/..5r ure �a n/e L % Wel€ Print Submittal I represent this application to be complete for submittal to the City. Consistent with the completeness check performed on this application at the Pre-Submittal Meeting, I affirm the information identified by the City as necessary for processing the application is provided herein or the information will not be provided if not otherwise contained within the submittal, and the City may begin processing the application with the information as submitted. This statement serves as written notice pursuant to the requirements of ORS 227.178 pertaining to a complete application. Owner: Date: Signature Print PRE-SUBMITTAL REC'D JUN 2 6 2013 Revised 2/27/12 EMM 2 of 11 • • Site Plan Review Submittal Requirements Checklist NOTE: • ALL of the following items MUST be submitted for BOTH Pre-Submittal and Submittal. • If you feel an item on the list below does not apply to your specific application, please state the reason why and attach the explanation to this form. 0 Application Fee - refer to the Development Code Fee Schedule for the appropriate fee calculation formula. A copy of the fee schedule is available at the Development Services Department. Any applicable application, technology, and postage fees are collected at the pre-submittal and submittal stages. 4 Site Plan Review Application Form 0 Narrative explaining the purpose of the proposed development, the existing use of the property, and any additional information that may have a bearing in determining the action to be taken. The narrative should also include the proposed number of employees and future expansion plans, if known. ri Copy of the Deed 0 Copy of the Site Plan Reduced to 8'/2"x 11", which will be mailed as part of the required neighboring property notification packet. ❑ State or Federal Permits Required - The applicant must demonstrate that an application has been submitted for any required federal or state permit and provide a copy of the application upon request. IN Completed Attached Scoping Sheet Three (3) Copies of the Following Plan Sets for Pre-Submittal OR Three (3) Copies of the Following Plan Sets for Submittal: Q All of the following plans must include the scale appropriate to the area involved and sufficient to show detail of the plan and related data, north arrow, and date of preparation. is All plan sets must be folded to 81/2" by 11" and bound by rubber bands. Please Note: • These plans must provide enough information to enable the City to determine that the proposed development is feasible, but are not necessarily required to be detailed construction level documents. • The City's Engineering Design Standards Manual, while not land use criteria, may be used in whole or n part, by the City Engineer to determine the feasibility of a proposed plan. • Nothing herein should be interpreted as implying any requirement in contradiction of Oregon Statute or Oregon Administrative Regulation. PRE-SUBMITTAL REC'D JUN 2 6 2013 Revised 2/27/12 EMM 4 of 11 • • a. Site Assessment of Existing Conditions NI Prepared by an Oregon licensed Architect, Landscape Architect, Civil Engineer or Surveyor S Vicinity Map 0 The name, location and dimensions of all existing site features including buildings, curb cuts, trees and impervious surface areas, clearly indicating what is remaining and what is being removed. For existing structures to remain, also indicate present use, size, setbacks from property lines, and distance between buildings. ❑ The name, location, dimensions, direction of flow and top of bank of all watercourses and required riparian setback that are shown on the Water Quality Limited Watercourse Map on file in the Development Services Department ❑ The 100-year floodplain and floodway boundaries on the site, as specified in the latest adopted FEMA Flood Insurance Rate Maps or FEMA approved Letter of Map Amendment or Letter of Map Revision IN The Time of Travel Zones, as specified in SDC 3.3-200 and delineated on the Wellhead Protection Areas Map on file in the Development Services Department 0 Physical features including, but not limited to trees 5" in diameter or greater when measured 4 1/2 feet above the ground (stands of more than five (5) trees may be shown as a cluster with mix of trees species noted), riparian areas, wetlands and rock outcroppings b. Site Plan IN Prepared by an Oregon licensed Architect, Landscape Architect, Civil Engineer or Surveyor 0 Proposed buildings: location, dimensions, size (gross floor area applicable to the parking requirement for the proposed use(s)), setbacks from property lines, and distance between buildings; measured setbacks shall be prepared by an Oregon licensed Surveyor when minimum setbacks are shown. 0 Location and height of existing or proposed fences, walls, outdoor equipment, storage, trash receptacles, and signs 0 Location, dimensions, and number of typical, compact and ADA parking spaces; including aisles, wheel bumpers, directional signs, and striping. ADA routes from public rights-of-way whall be designated including at grade connections NI Dimensions of the development area, as well as area and percentage of the site proposed for buildings, structures, parking and vehicular areas, sidewalks, patios, and other impervious surfaces ig Observance of solar access requirements as specified in the applicable zoning district 0 On-site loading areas and vehicular and pedestrian circulation 0 Access to streets, alleys, and properties to be served, including the location and dimensions of existing and proposed curb cuts and curb cuts proposed to be closed 0 Location, type, and number of bicycle parking spaces 19 Note location of existing and planned Lane Transit District facilities (within 1/2 mile) Fl Area and dimensions of all property to be conveyed, dedicated, or reserved for common open spaces, recreational areas, and other similar public and semi-public uses PRE-SUBMITTAL REC'D Revised 2/23/12 EMM JUN 2 6 2013 5 of 11 • • ❑ Phased Development Plan — where applicable, the Site Plan application must include a phasing plan indicating any proposed phases for development, including the boundaries and sequencing of each phase. Phasing must progress in a defined sequence addressing street connectivity between the various phases and accommodating the logical extension of other required public improvements, including but to limited to, sanitary sewer, stormwater management, water and electricity. The applicant must clearly indicate which phases are proposed for approval under the current Site Plan application and which are deferred to future review procedures. c. Existing Improvement and Public Utilities Plan IN Prepared by an Oregon licensed Architect, Landscape Architect, Civil Engineer or Surveyor Fl Location and width of all existing easements Q Location, widths (of paving and right-of-way), and names of all existing streets, alleys, dedications or other right-of-ways within or adjacent to the proposed development, including jurisdictional status other than City. Indicate connection points for roof drainage. 0 Location and type of existing street lighting 0 Location of existing and required traffic control devices, fire hydrants, power poles, transformers, neighborhood mailbox units, waterline backflow preventers and similar public facilities fl Location, width, and construction material of all existing and proposed sidewalks, sidewalk ramps, pedestrian access ways, and trails MI Location and size of existing utilities on and adjacent to the site including sanitary sewer mains, stormwater management systems, water mains, power, gas, telephone, and cable TV. Indicate the proposed connection points. Detail must be proportionate to the complexity of the proposed project. Fl Show existing and proposed spot elevations or contours, and direction of drainage patterns. d. Proposed Grading, Paving, & Utilities Plan TA Prepared by an Oregon licensed Civil Engineer, except where noted below TA The approximate size and location of storm water management systems components 1I Location, widths (of paving and right-of-way), and names of proposed streets, alleys, dedications or other rights-of-ways within or adjacent to the proposed development Location and width of all proposed easements 0 Location and type of proposed street lighting ❑ Information on existing slopes over 5% shall be prepared by an Oregon licensed surveyor and be drawn with one foot contour interval lines; land with a slope over 10 percent shall be shown with 5 foot contour interval lines PRE-SUBMITTAL REC'D JUN 2 6 2013 e. Landscape Plan Revised 2/23/12 EMM 6 of 11 • • ❑ Prepared by an Architect, Landscape Architect, or other Landscape Professional approved by the Director ❑ Location and dimensions of landscaping and open space areas to include calculation of landscape coverage ❑ Where applicable, screening in accordance with SDC 4.4-110 ❑ Location of existing and proposed street trees f. Architectural Plans 0 Where abutting residentially zoned properties, exterior elevations of all proposed structures over 140 square feet for the development site, including height, shall be shown g. On-Site Lighting Plan ❑ Location, orientation, and maximum height of exterior light fixtures, both free standing and attached ❑ Type and extent of shielding, including cut-off angles, and type of illumination, wattage, and luminous area Additional Materials That May be Deferred at the discretion of the applicant until Final Site Plan or Building Permit Submittal: RI List in chart form the proposed types of landscape materials (trees, shrubs, ground cover). Include in the chart genus, species, common name, quantity, size and spacing ❑ Where plants are proposed as part of the stormwater management system, a planting plan shall be provided. • Irrigation Plan showing of irrigation lines, required backflow preventers and above ground utilities. ❑ Photometric test report for each light source. 0 An applicant may submit conceptual floor plans in order to have staff address Resolution of potential nuisance conflicts Additional Materials That May be Required by the Director: IT IS THE APPLICANT'S RESPONSIBILITY TO DETERMINE IF ADDITIONAL STANDARDS/APPLICATIONS APPLY TO THE PROPOSED DEVELOPMENT. THE APPLICANT SHOULD CONSIDER UTILIZING PRE-DEVELOPMENT MEETINGS AS DISCUSSED IN SDC 5.1-120: la Copy of a Preliminary Title Report issued within the past 30 days documenting ownership and listing all encumbrances. ❑ A developer may be required to prepare a Traffic Impact Study (TIS) to identify potential traffic impacts from proposed development and needed mitigation measures. 0 Where a multi-family development is props 2 _su ti i terials to Revised 2/23/12 EMM JUN 2 6 2013 7 of 11 S demonstrate compliance with SDC 3.2-240 ❑ Riparian Area Protection Report for properties located within 150 feet of the top of bank of any Water Quality Limited Watercourses (WQLW) or within 100 feet of the top of bank of any direct tributaries of WQLW ❑ A Geotechnical Report prepared by an engineer must be submitted concurrently if the Soils Survey indicates the proposed development area has unstable soils and/or a high water table, or if required by the City Engineer ❑ Where the development area is within an overlay district, address the additional standards of the overlay district on plans and narratives ❑ Where physical aspects of a proposed development, including but not limited to scale, odor noise, glare or vibration, will impact less intensive surrounding uses, the Director may request submittal of conceptual floor plans or other information necessary to determine compliance with applicable standards. ❑ If five or more trees are proposed to be removed, a Tree Felling Permit as specified in SDC 5.19-100 ❑ A wetland delineation approved by the Oregon Division of State Lands must be submitted concurrently where there is a wetland on the property ❑ The applicant must demonstrate that an application has been submitted for any required federal or state permit and provide a copy of the application upon request ❑ Where any grading, filling or excavating is proposed with the development, a Land and Drainage Alteration permit must be submitted prior to development ❑ Where applicable, any Discretionary Use or Variance as specified in SDC 5.9-100 and 5.21-100 ❑ An Annexation shall be submitted prior to submission of application, as specified In SDC 5.7-100, where a development is proposed outside of the city limits but within the City's urban service area and can be served by sanitary sewer PRE-SUBMITTAL REC'D JUN 2 6 2013 Revised 2/23/12 EMM 8 of 11 • W noa13I.IaNINds g 8 a Z IN CAP S.' t - * 133N15 HIS 9981 S 3 :Lt.P 2;" ° I I, { e dl S3LLa3dOad 11383M m U 1"I 1103 M31A3N NVld.3115 € f 1 CitiL 0 I J N S I 4 sg2C 1 I CD § 6V Jgg .g 0 o Pl..iligh. 12/4 D [22 le e if dal E2 Z G aaaa C �Pqg5 r Peaa _ .a §11 a 1. Iiidii' 5555 $3t - - I :11etax ! :2 lid >d s1 $3 a 1 .§;1 pair 2.; 2 s' a a aaa yxyx X . ' - x a _ !8a Sa gg pair 3 € €e € ° x zR 2.” de y i g aPY. % e @RzP€Z€t 5 x2521 ° • 1 ii Pg E a a ^ P 'Y i4 ,yc o & 1 P 3 I QP@ 11 s x 22 q 5 1 (1111 1&4 p"ppyr 12a3$ 8 9gx 3b e$ 3n - le. mi Ili aaa!€ $ 1 I .® .1 -' g s ® . —«.- r ..: i 4" e I t 1 I �®Y � F 1 P , I iii -,,o; r1 , 11- III '. 1 1 1 : i3 .$p iP I 1 - 1 I 11 1 P I I igigpl _ I eI t iiiii BR , ix •- illerxhxsxrrvwr. m h 1 I - 1.5;V1rNNF'X 77 N JA. - - i.1 111 1: 5 g I @ 111335 ii35 „ 3'33 h i ! _ x 9 1 . z 9 t .i 1 • • üranch tNtINEERING_ Since 1977 June 25,2013 civil t r a n's p o rta t i o n structural • geoiechnical 4.: S�U'R'V EYiI.N-G WEBER PROPERTIES, LP MULTI-FAMILY DEVELOPMENT TM 17-03-26-24, TL 2700 Branch Engineering Inc. Project No. 13-02o PROJECT OVERVIEW The site is currently developed with one single family residence addressed as 1866 5th Street. The northern side of the site is currently developed as an access and utility corridor for the three tax lots (two under-developed and one undeveloped) west of the site. The remainder of the site is currently yard space. This proposal is to construct a multi-family residential development in conformance with the High Density Residential (HDR) zoning. The existing single family residence has recently undergone an extensive remodel. The developer would like to retain this structure so long as it is in good repair. Therefore development of this site has been broken into two phases. Phase 1 will consist of twelve new units in two new buildings with the existing residence being retained for a total of thirteen units. Phase 2 will be a replacement of the existing residence with an additional four units for a total of sixteen units. To encourage diversity, a variety of unit sizes and types are proposed. A Development Issues Meeting was held for this site on February 21, 2013 under PRE13- 00003. CODE COMPLIANCE ANALYSIS The following is an analysis of the proposal's compliance with all relevant code criteria. Because a design for Phase 2 is not known at this time,the code compliance discussion is limited to Phase i unless specifically stated otherwise in the response. 3.2-205 Establishment of Residential Zoning Districts D. High Density Residential District (HDR). The HDR District applies within the HDR designation and: 1. Establishes sites for residential development where primarily multifamily dwellings are permitted and the density range is 28 to 42 dwelling units per net acre. Density fractions will be rounded up to the next whole number. As specified in Section 3.2- 215, Footnote 15, HDR lot area and dimension standards may be reduced through the subdivision application process in order to meet density standards. The gross site area is 29,038 square feet(0.67 acres), but the net site area is 24,063 square feet (0.55 acres) due to the shared access. The density at the completion of Phase 1 is 24 units/net acre and at the completion of Phase 2 is 29 units/net acre. EUGENE-SPRINGFIELD SALEM-KEIZER PRE-SUBMITTAL REC'D Q (n�''11 310 5th Street, Springfield, OR 97477 I p: 541.746.0637 I f: 541.746.0389 I www.branchijeJgln erOnitbhi • • Weber Properties LP Multi-Family Development June 25, 2013 3.2-240 Multi-Unit Design Standards i. Building Orientation. Multi-unit developments, when abutting a private, local, collector, or arterial street that has existing or planned on-street parking, shall have the Building Oriented to the street along a minimum of 5o percent of the site's frontage. (See Figure 3.2-M).The"orientation" standard is met when all of the following criteria are met: 5th Street does not currently have on-street parking and, per the Development Issues Meeting, none is proposed; therefore, this criteria is not applicable. 2. Building Form. New multi-unit construction shall comply with the following building form standards. (See Figure 3.2-N) a. Structures that have i or 2 stories shall not have continuous horizontal distance exceeding 16o feet(measured from wall end to wall end). Exception: As specified in Subsection 3.d., below, structures that have 3 or greater stories shall not have a continuous horizontal distance exceeding 120 feet (measured from end wall to end wall); b. Roofs shall have gable, hip, or gambrel forms (minimum pitch 3 to 12) with at least a 6-inch overhang. c. A minimum of 15 percent of the front façade (area measurement) shall contain windows or doors. All windows and doors shall provide 4-inch trim or be recessed (i.e., into the front façade)to provide shadowing. d. Garages attached to living units and accessed from the street (front setback) shall be recessed at least 4 feet behind the front façade of a dwelling structure e. Exterior building elevations shall incorporate design features including offsets, balconies, projections, window reveals, or similar elements to preclude large expansions of uninterrupted building surfaces. Along the vertical face of a structure, the features shall occur at a minimum of every 30 feet, and on each floor shall contain a minimum of 2 of the following features: f. Recesses (eg., deck, patio, courtyard, entrance, window reveals) that have a minimum depth of 3 feet; g. Extensions (eg., floor area, deck, patio, entrance) that have a minimum depth of 2 feet and a minimum length of 4 feet; and/or h. Offsets or breaks in roof elevation of 2 feet or greater in height. Please refer to the plans included in this submittal for a graphic depiction of how the criteria above are met. Sub-section d(garage recess of 4 feet) is not applicable because the garages are not accessed from the street. PRE-SUBMITTAL REC'D JUN 2 6 2013 Branch Engineering, Inc. _,.W_ Page 2of14 • • Weber Properties LP Multi-Family Development June 25, 2013 3. Transition and Compatibility between Multi-unit and LDR Development. Multi-unit developments adjacent to properties designated LDR shall comply with the transition area and compatibility standards listed below, unless it can be demonstrated that adjacent LDR property is committed to a non-residential use (e.g., church) that is unlikely to change (See Figures 3.2-0 and 3.2-P). In evaluating the status of an adjacent property,the Metro Plan designation shall take precedent over the current zone or use. The Metro Plan does not designate any of the adjacent properties LDR; therefore this criteria is not applicable. 4. Storage. Multi-unit development shall provide space for trash receptacles, storage and equipment as specified in the following standards (See Figure 3.2-M): a. Adequate, accessible and secure storage space shall be provided for each dwelling. A minimum of 112 cubic feet of enclosed storage is required separate from the living unit. Garages and storage units adjoining a dwelling (e.g., attached to decks and patios) shall qualify as storage space; As shown on the plans included in this submittal, each dwelling unit has either a storage area or garage. b. Trash receptacles shall be screened from view by placement of a solid wood fence, masonry wall, or similar sight-obscuring, gated enclosure, from 5 to 6 feet in height. Obscuring landscaping shall be planted a minimum 24 inches in height at planting around all exposed sides of the wall or fence, unless breaks are provided for gates. See also, Section 4.4-11o; The trash enclosure will be screened by a fence and vegetation. The final selection offencing material and plants will be made at the time of construction. c. No trash receptacles shall be located in any front yard setback, or within 25 feet of property lines abutting LDR zoned or designated properties. The trash enclosure is not within the front yard setback and no abutting properties are LDR zoned or designated. d. Ground-mounted equipment, including exterior transformers, utility pads, cable television and telephone boxes and similar utility services, shall be placed underground, where practicable. When placed above ground, equipment shall be placed to minimize visual impact; or screened with a wall or landscaping. When walls are used they shall be tall enough to completely screen the equipment at the time of the equipment installation. Landscaping shall be planted tall enough to attain 50 percent coverage after 2 years and too percent coverage within 4 years. No new ground mounted equipment is proposed. PRE-SUBMITTAL REC'D JUN 2 6 2013 Branch Engineering, Inc. Page 3 of l4 • • • Weber Properties LP Multi-Family Development June 25, 2013 5. Open Space. Multi-unit developments shall provide both Common Open Space and Private Open Space as specified in the following standards(See Figure 3.2-Q): a. General. Inclusive of required yards, a minimum of 15 percent of the gross site area shall be designated and permanently reserved an open space. The total required open space is the sum of setbacks, common open space, and private open space. Inventoried natural features (including regulated wetlands) and/or historic features on-site may be counted toward up to 5o percent of common open space requirements. See Chapter 6 for definitions of open space; open space, common; and open space, private. The site is 29,038 square feet; therefore at least 4,356 square feet(=29,038*o.i5) of open space must be provided. Please refer to the data included on the plans for a tally of the provided open space. b. Common Open Space shall be provided in all newly constructed multi-unit developments as specified in the following standards: i. A minimum of 0.25 square feet of common open space shall be required for each square foot of gross residential floor area; The proposal includes 8,233 square feet of gross residential floor area; therefore 2,058 square feet (=8,233*0.25) of common open space is required. When calculating the gross residential floor area, the storage units were included, but the outside stairs were excluded. The square footage for the existing residence was obtained from RLID. Please refer to the data included on the plans for a tally of the provided open space. ii. Common open space areas provided to comply with this standard shall be at least 500 square feet with no horizontal dimension less than 15 feet; As shown on the plans included in this submittal, all areas designated as common open space meet this criteria. iii. A maximum of 15 percent of the common open space can be on slopes greater than 25 percent; and The site does not have any slopes greater than 25 percent. iv. Multi-unit developments shall designate within common open space a minimum of 250 square feet of active recreation area (including, but not limited to: children's play areas, play fields, swimming pools, sports courts) for every 20 units or increment thereof. As shown on the plans included in this submittal, 250 square feet of active recreation area is provided. v. Placement of children's play areas shall not be allowed in any required yard setback or transition area; As shown on the plans included in this submittal, the children's play area is internal to the development. PRE-SUBMITTAL REC'D JUN 2 6 2013 Branch Engineering, Inc. Page 4 ofl4 • • Weber Properties LP Multi-Family Development June 25, 2013 vi. Landscaping and/or natural vegetation shall occupy a minimum of 5o percent of required common open space. On-site natural resources and historic features which are accessible to residents may be used to partially or fully satisfy this requirement. With the possible exception of the active recreation area, the open space will be landscaped, exceeding the 5o% minimum. Selection of the plants will be made during the construction process. vii. Indoor or covered recreational space shall not exceed 3o percent of the required common open space area. The common open space does not include indoor or covered areas. viii.Exemptions to the common open space standard may be granted for multi-unit developments of up to 60 units (or for the first 6o units of a larger project) when the development is within 1/4 mile (measured walking distance) to a public park; and there is a direct, improved, permanent, public, Americans with Disabilities Act (ADA)-accessible, lighted, maintained pedestrian trail or sidewalk between the site and the park. An exemption shall be granted only when the nearby park provides active recreation area, as defined by Subsection iv. above. City staff stated during the DIM that the site does not qualify for this exception. ix. Phasing shall not be used to circumvent common open space standards. The calculations above refer to just Phase 1. However, the provided common open space significantly exceeds the minimum to ensure adequate space will remain after completion of Phase 2. x. Common Open Space does not include required yards or transition areas unless authorized under Sections 3.2-245 or 3.2-250. No transition areas apply to the site and all areas identified as Common Open Space are outside the required yards. c. Private Open Space shall be provided in all newly constructed multi-unit developments to comply with the following standards: i. All private open space shall be directly accessible from the dwelling unit through a doorway; ii. Dwelling units located at or below finished grade, or within 5 feet of finished grade, shall provide a minimum of 96 square feet of private open space, with no dimension less than 6 feet; and iii. Private Open Space provided may be deducted from the require amount of Common Open Space. All ground level units are provided with fenced private open space. The units in the westerly building have approximately 26o square feet (nominally to feet by 26 feet) and the units in the northeasterly building have approximately 102 square feet (nominally 6 feet by 17 feet). Please refer to the plans included in this submittal for a graphic depiction of how the criteria above are met. PRE-SUBMITTAL REC'D Branch Engineering, Inc. JUN 2 6 2013 Page5of14 • • Weber Properties LP Multi-Family Development June 25, 2013 6. Landscaping, Fences and Walls. Multi-unit developments shall provide landscaping as specified in Section 4.4-105 and the following standards(See Figure 3.2Q): a. A minimum of 15 percent of the site shall be landscaped with a mix of vegetative ground cover, shrubbery and trees. Trees, a minimum 2 inches (dbh) in caliper, and shrubbery, a minimum of 24 inches in height, shall be planted. Bark mulch, rocks • and similar non-plant material may be used to compliment the cover requirement, but shall not be considered a sole substitute for the vegetative ground cover requirement; The site is 29,038 square feet; therefore at least 4,356 square feet (=29,038*0.15) must be landscaped. Please refer to the plans included in this submittal for a graphic depiction of how this criterion is met. Selection of the plants will be made during the construction process. b. Planter strips shall be required for all multi-unit development of collector and arterial streets, but is optional on local streets. Planter strips shall be a minimum of 4.5 feet wide, placed between the back of curb and the sidewalk, along public or private streets; The curbside sidewalk along 5th Street is existing; therefore this criterion is not applicable. c. Street trees, a minimum 2 inches (dbh) caliper, shall be placed within the planter strips between the curb and the sidewalk. Street trees shall be planted 1 per every 30 linear feet(minimum) of street frontage, as specified in Section 4.2-140. There is no planter strip; therefore this criterion is not applicable. d. Fences in front yards and along any frontage used to comply with the building orientation standard shall be limited to 3 feet in height. Fences in other yards shall comply with the fence standards specified in Section 4.4-115, and the vision clearance standards specified in Section 4.2-130; and No fencing is proposed in the front yard or vision clearance area. The perimeter fencing complies with the maximum 6 feet established in Table 4.4-1. The Private Open Space fencing for the northeasterly building is 4 feet to provide privacy without overwhelming the shared access or the enclosed space. e. The use of native and/or drought-tolerant landscaping is encouraged. All landscaping shall be irrigated with a permanent irrigation system unless a licensed landscape architect submits written verification that the proposed plant materials do not require irrigation. The property owner shall maintain all landscaping. The selection of plants and design of an irrigation system will occur during the construction process. 7. Pedestrian Circulation. Multi-unit developments with more than 20 units shall provide pedestrian circulation as specified in the following standards (See Figure 3.2-R): The proposal only includes 13 units in Phase 1 and 16 units in Phase 2; therefore this criterion is not applicable. PRE-SUBMITTAL RECD Branch Engineering, Inc. JUN 2 6 2013 Page of 14 • Weber Properties LP Multi-Family Development June 25, 2013 8. Parking. Multi-unit developments shall provide parking design as specified in the following standards: a. Parking lots shall be placed to the side or rear of buildings as specified in the Building Orientation Standards. Parking shall not be placed along that portion of the street where building frontages are used to comply with the building orientation standard. The building orientation standard is not applicable to this site; therefore this criterion is not applicable. b. Lighting shall be provided for safety purposes, and focused/shielded to avoid glare on adjacent properties or dwellings as specified in Section 4.5-100. Standard residential entry lights will be installed beside the main door of each unit. Illumination from these fixtures is adequate to guide a pedestrian without creating a nuisance to adjoining properties or other units on this site. c. There shall be i planter island for every 8 parking spaces. Planter islands shall be a minimum of 6 feet wide, exclusive of the curb, the full length of a parking space containing 1 shade tree (a minimum 2 inches (dbh) in caliper at planting) and vegetative ground cover. Trees shall be specimens capable of attaining 35 feet or more in height at maturity and shall not produce excessive fruit, nuts or sap (i.e., die to pest damage). Bark mulch is not an acceptable substitute for vegetative ground cover in the planter island. Water quality features may be incorporated into planter islands. Landscape areas shall be evenly distributed throughout the perimeter of interior parking areas, where practicable. See Section 4.4-1o5F. for recommended shade trees; A planter island has been placed in approximately the middle of the parking tier with more than eight stalls. All parking has landscaping area adjacent. Selection of plants and tree(s) for the island and other parking landscaping will be performed during the construction process. d. A minimum 6-foot wide planter area shall separate and visually screen parking from living area windows. The planter area shall include a mix of ground cover, shrubbery and trees with appropriate growth habitat (i.e., for narrow planters and any height limitations including balconies, overhangs, and eaves). Shrubbery in this planter area shall be at least 24 inches in height at the time of planting, and trees a minimum of 2 inches(dbh) in caliper at the time of planting. A planted buffer is included between living area windows and the parking. Selection of plants and tree(s) for the buffer will be performed during the construction process. e. Parking lots shall be connected to all building entrances by means of internal sidewalks. Internal walkways connect all parking areas to all building entrances. PRE-SUBMITTAL REC'D JUN 2 6 2013 Branch Engineering, Inc. Page 7of14 • • Weber Properties LP Multi-Family Development June 25, 2013 f. All parking stalls fronting a sidewalk, or landscaped area shall be provided with a secure wheel bumper not less than 6 inches in height and setback from the front a minimum of 2 feet to allow for vehicle encroachment. Wheel bumpers, if used, shall be a minimum of 6 feet in length. As an option, the sidewalk or planter may be widened 2 feet beyond the minimum dimension required to allow for vehicle encroachment. The sidewalks and planters shall be protected by a curb not less than 6 inches in height See also, Section 4.6-12oC.; As shown on the plans included in this submittal, wheel bumpers will be included in every parking stall. As also shown on the plans included in this submittal, a standard 6-inch curb separates all parking stalls from the adjoining walkway and/or landscaping. g. On corner lots/parcels, parking areas shall not be located within 3o feet of an intersection, as measured from the center of the curb return to the edge of the parking area(curb or wheel stop). The site is not a corner lot; therefore, this criterion is not applicable. h. All parking, maneuvering and loading areas abutting a property line or right-of-way shall provide perimeter lot/parcel landscaping. A minimum 5-foot wide planting strip shall be planted with shade trees, a minimum 2 inches (dbh) in caliper, and a low level(eg 3o to 4o inches) evergreen hedge. All parking areas along property lines have a minimum 5-foot wide planted buffer. Selection of plants and trees for the buffer will be performed during the construction process. i. Decorative walls may be used in place of the hedge in Subsection h., above, and shall be placed no closer than 4 feet from the property line. The decorative wall shall be a minimum of 30 inches in height and no more than 40 inches in height, and shall comply with the vision clearance standards specified in Section 4.2-130. Decorative walls shall be constructed of textured concrete masonry (CMU) or similar quality material, and include a cap. The wall may be partially see-through(up to 4o percent) as appropriate for security purposes. The area between the wall and property line shall be landscaped with shade trees. As shown on the plans included in this submittal, vegetative buffering will be used; therefore this criterion is not applicable. j. Parking area landscaping shall be designed to reduce storm water runoff(eg through infiltration swales or other measures), as practicable; and As discussed in the Stormwater Management Plan and Drainage Study, vegetative treatment methods are not employed in this project. However, the landscaping will not be graded steeply towards the parking and drive areas thus encouraging the stormwater to stay within the landscape area and infiltrate rather than runoff. PRE-SUBMITTAL REC'D JUN 2 6 2013 Branch Engineering, Inc. Page 8 of 14 • • Weber Properties LP Multi-Family Development June 25, 2013 k. Bicycle parking shall be provided as specified in Section 4.6-140-155 and may be incorporated into the landscaping design. Compliance with the bicycle parking criteria is discussed later in this Written Statement. 9. Vehicular Circulation. Multi-unit developments shall provide vehicular circulation as specified in the following standards (See Figure 3.2-R): a. The on-site driveway (or private street) system shall connect with public streets abutting the site; All vehicular areas connect to the public street. b. Shared driveways shall be provided whenever practicable to minimize cross turning movements on adjacent streets. On-site driveways and private streets shall be stubbed to abutting MDR/HDR properties, at locations determined during Site Plan Review process to facilitate development of shared driveways; The currently shared access will continue to be shared. Additionally, it is located such that future extension will facilitate development on those properties. c. Multi-unit developments 8 acres or larger shall be developed as a series of complete blocks bounded by a connecting network of public or private streets with sidewalks. The average block size within a multi-unit development shall be a maximum of 4 acres in size. Portions of the site with wetlands, slopes greater than 15 percent and wooded areas subject to Section 5.19-100 shall be exempt from this standard, however, sidewalk or pathway connections are required as an alternative to street connections,when practicable. This site is less than 1 acre; therefore, this criterion is not applicable. d. Parking areas shall be accessed from alleys when properties abut an alley, or an alley can reasonably be extended to serve the development. No alleys abut the property or are available for extension. 4.6-115 Vehicle Parking— Parking Lot Design All off-street parking areas shall comply with the following dimensional standards: Please refer to the plans included in this submittal for a graphic depiction of how this criterion is met. It should be noted that a motorcycle parking stall has been included even though it is not acknowledged in the code. PRE-SUBMITTAL REC'D JUN 2 6 2013 Branch Engineering, Inc. Page 9of 14 I/ Weber Properties LP Multi-Family Development June 25, 2013 4.6-120 Vehicle Parking— Parking Lot Improvements All parking areas shall conform to the setback, vision clearance, planting and screening provisions of this Code and shall be completed prior to occupancy. Required parking spaces shall be improved as follows: A. All parking areas shall have a durable, dust free surfacing of Asphaltic concrete, Portland cement concrete or other materials as specified in the Building Safety Codes and approved by the Building Official. Parking lot surfacing shall not encroach upon the public right-of-way. As shown on the plans included in this submittal, the current expectation is that the parking and drive areas will be surfaced with asphalt; however, the developer reserves the right to revise the surfacing type to concrete during the construction process. B. Adequate drainage improvements shall be provided to dispose of all on-site run-off. Provisions shall be made for the on-site collection of drainage waters to eliminate sheet flow onto sidewalks, public rights-of-way, and abutting private property. All drainage systems shall be approved by the Building Official and shall be constructed in conformance with the Building Safety Codes. As shown in the Stormwater Management Plan and Drainage Study included in this submittal, the stormwater collection and treatment system has been designed in accordance with the City of Springfield's Engineering Design Standards and Procedures Manual. C. All parking stalls fronting a sidewalk, alley, street, landscaped area or structure shall be provided with a secured wheel bumper or linear curb not less than 6 inches in height to be set back from the front of the stall a minimum of 2 feet to allow for vehicle encroachment. Wheel bumpers shall be a minimum of 6 feet in length. Curbs shall be constructed in conformance with the Standard Construction Specifications. As shown on the plans included in this submittal, wheel bumpers will be included in every parking stall. As also shown on the plans included in this submittal, a standard 6-inch curb separates all parking stalls from the adjoining walkway and/or landscaping. D. Backing into the public right-of-way, other than alleys is prohibited. EXCEPTION: Parking areas of less than 4 spaces on a residentially zoned lot/parcel may back into the public right-of-way. The parking, maneuvering and drive area layout does not require vehicles to back into the public right-of-way. Although the parking area in the southeast corner qualifies for the exception, it was still designed to allow vehicles to turnaround prior to entering the public right-of-way. PRE-SUBMITTAL REC'D JUN 2 6 2013 Branch Engineering, Inc. ---- Page 10 of 14 • • Weber Properties LP Multi-Family Development June 25, 2013 E. All spaces shall be permanently and clearly marked unless the Director determines that the spaces should not be marked for safety considerations. Old striping shall not be visible after being replaced by new striping. As shown on the plans included in this submittal, all spaces will be.permanently and clearly marked. F. Parking areas shall be designed to connect with parking areas on abutting sites within the same zoning district to eliminate the use of the street for cross movements. The shared access will connect future parking areas to the parking areas in this development without cross movements on public streets. G. Not more than 3o percent of the total parking spaces in a parking lot may be designated for compact cars. These spaces shall be signed and/or the space painted with the words "Compact Car Only." None of the parking stalls are compact. H. Parking Spaces For Disabled Persons. 1. Parking spaces for disabled persons and accessible passenger loading zones that serve a particular building shall be located as close as possible to a building entrance. 2. The number and dimensions of parking spaces for disabled persons shall be as specified in Section 1104 of the Structural Specialty Code. Please refer to the plans included in this submittal for a graphic depiction of how the criteria above are met. I. Motor Vehicle Parking Space Reduction Credit. Bicycle parking may substitute for up to 25 percent of required vehicular parking. For every 5 non-required bicycle parking spaces that meet the short or long term bicycle parking standards specified in Table 4.6- 3, the motor vehicle requirement is reduced by 1 space. Existing parking may be converted to take advantage of this provision. Although six extra bike parking spaces are provided allowing the option of reducing the required vehicle parking by one space, this application does not request this credit. 4.6-125 Vehicle Parking— Parking Space Requirements The following parking standards have been established according to use and apply to that use in any zoning district. Table 4.6-2 requires 20 parking spaces (1.5 spaces/dwelling unit, rounded up to the nearest whole number). As shown on the plans included in this submittal, 20 spaces have been provided. 4.6-145 Bicycle Parking— Facility Design A. The required minimum number of bicycle parking spaces for each principal use is 3 spaces. Specific requirements per use are given in Section 4.6-155. Additional bicycle parking spaces may be required at common use areas. Fractional number of spaces shall be rounded up to the next whole space. The quantity of bicycle parking spaces is discussed later in this Written Statement. PRE-SUBMITTAL PFC'D Branch Engineering, Inc. JUN 2 6 2013 Page ii of 14 • • • Weber Properties LP Multi-Family Development June 25, 2013 B. Each bicycle parking space shall be at least 2 by 6 feet with an overhead clearance of 7 feet, and with a 5-foot access aisle beside or between each row of bicycle parking, and between parked bicycles and a wall or structure. Bicycles may be lipped vertically for storage but not hung above the floor. Bicycle parking shall be provided at ground level unless an elevator is easily accessible to an approved bicycle storage area. Each required bike parking space shall be accessible without removing another bicycle. As allowed under 4.6-150(6) the storage units are utilized as the long term bicycle parking. An extra six short term bicycle parking spaces are provided near the tandem parking spaces. The walkway adjacent to the short term bicycle parking provides a 5- foot access aisle. The concrete pad for the rack is 7-feet deep by 14 feet long (2 feet between bicycles and 2-feet between the end bicycles and the pad edge)per the Ribbon, Spiral, or Freestanding Rack (with access from only one side) dimensions in Figure 4.6-B Dimensions for Commonly Used Racks. The detailed design of the pad and rack will be performed during the construction process. C. All required long-term bicycle parking spaces shall be sheltered from precipitation. Short-term bicycle parking is not required to be sheltered. The storage units and garage provide shelter for all the required long term bicycle parking spaces. The extra six short term bicycle parking spaces are not sheltered. D. Direct access from bicycle parking spaces to the public right-of-way shall be provided with access ramps, if necessary, and pedestrian access from the bicycle parking area to the building entrance. The internal walkways connect all the bicycle parking to the building entrances and the public right-of-way. Additionally, the shared access provides a connection to the public right-of-way. 4.6-15o Bicycle Parking— Facility Improvements A. Bicycle Parking Location and Security 1. Bicycle parking shall consist of a securely fixed structure that supports the bicycle frame in a stable position without damage to wheels, frames or components and that allow the frame and both wheels to be locked to the rack by the bicyclist's own locking device; and to be provided within a convenient distance of, and clearly visible from, the main entrance to the building as determined by the City. Bicycle parking racks,shelters or lockers shall be securely anchored to the ground or to a structure. The detailed design of the rack will be performed during the construction process, but it is expect it will be the Ribbon, Spiral, or Freestanding Rack (with access from only one side) style shown in Figure 4.6-B Dimensions for Commonly Used Racks. The bicycle enclosure is centrally located and easily found from all building entrances. PRE-SUBMITTAL REC'D JUN 2 6 2013 Branch Engineering, Inc. Page 12 of 14 • Weber Properties LP Multi-Family Development June 25, 2013 2. Bicycle parking shall be separated from motor vehicle parking by a barrier, curb or sufficient distance to prevent damage to parked bicycles. A standard 6 inch curb and 5 foot walkway separate the short term bicycle parking from the vehicular parking. 3. Where bicycle parking facilities are not directly visible and obvious from the public right-of-way, signs shall be provided to direct bicyclists to the parking. Directions to sheltered facilities inside a structure may be signed or supplied by the employer, as appropriate. Short-term parking shall be made available to the general public. The short term bicycle parking is directly visible and obvious from the intersection of the shared driveway and 50,Street. 4. Bicycle parking may be located inside a building on a floor, which has an outdoor entrance open for use, and which does not require stairs to access the space. EXCEPTION: The director may allow parking on upper stories within multi-story residential buildings. Most of the storage units used for long term bicycle parking are at ground level with an outdoor entrance. The three upstairs units in the northeast building have storage units that are not on ground level. An exception is requested to allow these storage units to qualify as the long term bicycle parking for these units. 5. Bicycle parking and bicycle racks shall be located to avoid conflict with pedestrian movement and access. Bicycle parking may be located in the public sidewalk or right-of-way where there is a minimum 5 feet between the parked bicycle and the storefront and does not conflict with pedestrian accessibility. The bicycle parking does not interfere with pedestrian circulation. 6. For multi-family dwellings with required bike parking, requirements may be met through the provision of individual garages or storage units. For housing relying on a common garage and without storage units, bicycle racks shall be provided in the garage. The garage and storage units have been counted as providing the required bike parking for the associated units. B. Businesses with changing rooms and shower facilities or other additional amenities that encourage bicycling or other alternative modes of transportation by employees or patrons may be eligible for a reduction of Transportation System Development Charges if the City Engineer determined a decrease in vehicle trips will result. This development is residential, not commercial; therefore, this criterion is not applicable. 4.6-155 Bicycle Parking— Number of Spaces Required The following parking standards have been established according to land use Table 4.6-3 requires 13 long term spaces (i space/dwelling unit). As shown on the plans included in this submittal,13 long term spaces and 6 short term have been provided. PRE-SUBMITTAL REC'D Branch Engineering, Inc. JUN 2 6 2013 Page 13 of 14 • . Weber Properties LP Multi-Family Development June 25, 2013 4.2-120 Site Access and Driveways A. Site Access and Driveways—General 1. All developed lots/parcels shall have an approved access provided by either direct access to a: a. Public street or alley along the frontage of the property; This development has direct access to a public street along the frontage of the site. B. Driveway access to local streets is generally encouraged in preference to access to streets of higher classification. EXCEPTION: Driveway access to arterial and collector streets may be permitted if no reasonable alternative street access exists or where heavy use of local streets is inappropriate due to traffic impacts in residential areas. 1. Where a proposed development abuts an existing or proposed arterial or collector street, the development design and off-street improvements shall minimize the traffic conflicts. 2. Additional improvements or design modifications necessary to resolve identified transportation conflicts may be required on a case by case basis. City staff stated during the DIM that the site may continue to utilize both existing curb cuts. In conformance with that discussion, the majority of the vehicles are directed to the northern curb cut and the number of parking spaces accessible from the southern curb cut are not more than the estimated current usage of the curb cut. C. Driveways shall be designed to allow safe and efficient vehicular ingress and egress as specified in Tables 4.2-2 through 4.2-5 and the City's Engineering Design Standards and Procedures Manual and the Public Works Standard Construction Specifications. Per Table 4.2-2 Driveway Design Specifications, the driveways must be between 24 and 35 feet. The southern driveway is 24 feet and the northern driveway is 26 feet. The northern driveway was widened from the minimum to meet the minimum fire code width. Table 4.2-2 Driveway Design Specifications also establishes the minimum throat depth as 18 feet. The northern driveway exceeds this minimum, but the southern driveway has a throat depth of 17.2 feet. This was maximized as much as possible given the site conditions; working from west to east the following minimum dimensions were used to establish the parking stall's curb line: 6 foot planter strip,5 foot walkway, 9 foot ADA stall, 8 foot ADA loading zone, 9 foot parking stall. In the DIM city staff stated that the 18 foot minimum was to reduce conflict between parked vehicles needing to reverse from their space and vehicles queued to enter the street. Given the small number of parking stalls utilizing this driveway and that the parking stall is on the opposite side from the vehicles queued to exit, the conflicts are adequately minimized. 5th Street is classified as an arterial street. Per Table 4.2-4 Minimum Separations Between a Driveway and the Nearest Intersection Curb Return on the Same Side of the Street, the driveway must be a minimum of 200 feet from the Q Street intersection curb return. The southern edge of the southern driveway is approximately 290 feet from the point of curvature for the Q Street intersection curb return. PRE-SUBMITTAL REC'D Branch Engineering, Inc. JUN 26 2013 Page 14 of 14 % 1 110 1111 gtnTo Lane County Clerk 2012-024271 Pbst.AmenemmTgle Lane County Deeds& Records 600c9Q°bRoad 05/17/2012 02:31:05 PM ,Valtene&OW.97,4°1 RPR-DEED CnY-1 Stn=1 CASHIER 05 310.00311.00310.00316.00 $47.00 After teLuniing return to: Weber Properties Limited Partnership PO Box 23408 Eugene,OR 97402 Until a change is requested all tax statements shall be sent to the following address: Weber Properties Limited Partnership PO Box 23408 Eugene,OR 97402 File No.: 7191-1854685(RDP) Date: May 15, 2012 STATUTORY WARRANTY DEED Janell Cobarrubias, Grantor, conveys and warrants to Weber Properties Limited Partnership, an Oregon limited partnership,Grantee,the following described real property free of liens and encumbrances,except as specifically set forth herein: LEGAL DESCRIPTION: Real property in the County of Lane, State of Oregon,described as follows: THE EASTERLY 199.0 FEET OF THE FOLLOWING: BEGINNING AT A POINT IN THE WEST LINE OF FIFTH STREET OF THE TOWN OF SPRINGFIELD,OREGON,EXTENDED WHICH IS 299.61 FEET NORTH OF THE INTERSECTION OF THE WEST LINE OF SAID FIFTH STREET WITH THE NORTH LINE OF THE MOHAWK COUNTY ROAD;THENCE NORTH ON AND ALONG SAID WEST LINE OF FIFTH STREET 145.92 FEET;THENCE WEST 627 FEET;THENCE SOUTH 145.92 FEET; AND THENCE EAST 627 FEET TO THE SAID WEST LINE OF FIFTH STREET AND TO THE BEGINNING,IN LANE COUNTY,OREGON. NOTE:This Legal Description was created prior to January 01,2008. Subject to: 1. Covenants,conditions, restrictions and/or easements, if any,affecting title,which may appear in the public record, including those shown on any recorded plat or survey. The true consideration for this conveyance is$115,000.00. (Here comply with requirement of ORS 93.030) Page 1 o 2 PRE-SUBMITTAL REC'D JUN 2 6 2013 ! cl • • APN:0218899 St:Autnry Warranty Deed He No.:7191-1854685(RDA) -continued BEFORE SIGNING OR ACCEPTING THIS INSTRUMENT, THE PERSON TRANSFERRING FEE TITLE SHOULD INQUIRE ABOUT THE PERSON'S RIGHTS, IF ANY, UNDER ORS 195.300, 195.301 AND 195.305 TO 195.336 AND SECTIONS 5 TO 11, CHAPTER 424, OREGON LAWS 2007, SECTIONS 2 TO 9 AND 17, CHAPTER 855, OREGON LAWS 2009, AND SECTIONS 2 TO 7, CHAPTER 8, OREGON LAWS 2010. THIS INSTRUMENT DOES NOT ALLOW USE OF THE PROPERTY DESCRIBED IN THIS INSTRUMENT IN VIOLATION OF APPLICABLE LAND USE LAWS AND REGULATIONS. BEFORE SIGNING OR ACLtPiING THIS INSTRUMENT,THE PERSON ACQUIRING FEE TITLE TO THE PROPERTY SHOULD CHECK WITH THE APPROPRIATE CITY OR COUNTY PLANNING DEPARTMENT TO VERIFY THAT THE UNIT OF LAND BEING TRANSFERRED IS A LAWFULLY ESTABLISHED LOT OR PARCEL, AS DEFINED IN ORS 92.010 OR 215.010, TO VERIFY THE APPROVED USES OF THE LOT OR PARCEL, TO DETERMINE ANY LIMITS ON LAWSUITS AGAINST FARMING OR FOREST PRACTICES, AS DEFINED IN ORS 30.930, AND TO INQUIRE ABOUT THE RIGHTS OF NEIGHBORING PROPERTY OWNERS, IF ANY, UNDER ORS 195.300, 195.301 AND 195.305 TO 195.336 AND SECTIONS 5 TO 11, CHAPTER 424, OREGON LAWS 2007, SECTIONS 2 TO 9 AND 17, CHAPTER 855,OREGON LAWS 2009, AND SECTIONS 2 TO 7, CHAPTER 8, OREGON LAWS 2010. Dated this l6 day of QQ . 20 n le Ja : -obarrubias STATE OF Oregon ) )ss• County of Lane ) This instrument was acknowledged before me on ' '11° day of " ' ' 20 /2- by Janet!Cobarrubias. Notary Public for Oregon J Z� OFFICIAL SEAL My commission expires: /c7 . ?) 111 ROBIN D PARKS . I' NOTARY PUBLIC-OREGON u COMMISSION NO.432228 . MY Ct1W SSSON EXPIRES OCTOBER 73,2072 PRE-SUBMITTAL REC'D Page 2d z JUN 2 6 2013 • II ,.r<,, First American 17t/e Insurance Company of Oregon 600 Country Cub Road Eugene,OR 97401 " First American Phn-(541)484-2900 .:1N--• �" r c Fax-(877)783-9167 EXAMINED AND • H ° .PA D Order No.: 7191-1854685 May 11, 2012 FOR QUESTIONS REGARDING YOUR CLOSING, PLEASE CONTACT: ROBIN PARKS, Escrow Officer/Closer • Phone: (541)484-2900- Fax: (541)484-7321- Email:rparks @firstam.com First American Title Insurance Companyof Oregon 600 Country Club Road, Eugene, OR 97401 FOR ALL OUESTIONS REGARDING THIS PRELIMINARY REPORT, PLEASE CONTACT; Ronald Denton,Title Officer Phone: (541)484-2900 -Fax: (877)783-9167 - Email: radenton @firstam.com Preliminary Title Report 2006 ALTA Owners Standard Coverage Liability § 105,000.00 Premium $ 463.00 2006 ALTA Owners Extended Coverage Liability $ Premium $ 2006 ALTA Lenders Standard Coverage Liability $ Premium $ 2006 ALTA Lenders Extended Coverage Liability $ TBD Premium $ TBD Endorsement 9,22&8.1 Premium $ 100.00 Govt Service Charge Cost $ 15.00 Other Cost $ We are prepared to issue Title Insurance Policy or Policies in the form and amount shown above, insuring title to the following described land: The land referred to in this report is described in Exhibit A attached hereto. • and as of March 14, 2012 at 8:00 a.m.,title to the fee simple estate is vested in: Janell Cobarrubias Subject to the exceptions, exclusions, and stipulations which are ordinarily part of such Policy form and the following: 0 Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the public records; proceedings by a public agency which may result in taxes or assessments, or notices of such proceedings, whether or not shown by the records of such agency or by the public records. 02 Facts, rights, interests or claims which are not shown by the public records but which could be ascertained by an inspection of the land or by making inquiry of persons in possession thereof. PRE-SUBMITTAL REC'D This report is for the exclusive use of the parties herein shown and Is preliminary to the issuance of a tide insurance policy and shall become void unless a policy is issued,and the full premium paid. JUN 2 6 2013 • • • Preliminary Report - Order No.:7191-1854685 Page 2 of s Easements, or claims or easement, not shown by the public records; reservations or exceptions in patents or in Acts authorizing the issuance thereof; water rights, claims or title to water. V' Discrepancies, conflicts In boundary lines, shortage in area, encroachments or other facts which a correct survey would disclose. V Any lien, or right to a lien, for services, labor, material, equipment rental or workers compensation heretofore or hereafter furnished, imposed by law and not shown by the public records. The exceptions to coverage 1-S inclusive as set forth above will remain on any subsequently issued Standard Coverage Title Insurance Policy. In order to remove these exceptions to coverage in the issuance of an Extended Coverage Policy the following items are required to be furnished to the Company;additional exceptions to coverage may be added upon review of such information: A. Survey or alternative acceptable to the company B. Affidavit regarding possession C. Proof that there is no new construction or remodeling of any improvement located on the premises. In the event of new construction or remodeling the following Is required: i. Satisfactory evidence that no construction liens will be filed; or ii. Adequate security to protect against actual or potential construction liens; iii. Payment of additional premiums as required by the Industry Rate Filing approved by the Insurance Division of the State of Oregon ' �! Taxes for the year 2011-2012 Tax Amount $ 1,869.98 Unpaid Balance: $ 1,869.98, plus interest and penalties, if any Code No.: 01900 Map&Tax Lot No.: 17-03-26-24-02700 Property ID No.: 0218899 City liens, if any, of the City of Springfield. Note: There are no liens as of March 14, 2012. All outstanding utility and user fees are not liens and therefore are excluded from coverage. ( An easement reserved in a deed, including the terms and provisions thereof; Recorded: May 22, 1962, Reception No. 70323, Deed Records of Lane County, Oregon To: Alberta K. Stratton and L. D. Stratton For: Driveway PRE-SUBMITTAL REC'D First American Title JUN 2 6 2 013 • Preliminary Report Order No.:7191-1854685 Page 3 of S 0 An easement disclosed in a deed, induding the terms and provisions thereof; Recorded: May 22, 1962, Reception No. 70324, Deed Records of Lane County, Oregon From: Alberta K. Stratton and L. D. Stratton, her husband To: Lionel Davis Stratton and Lenore Jean Stratton, husband and wife For: A driveway as presently located 10 An easement contained in a deed, including the terms and provisions thereof; Recorded: February 24, 1994, Reception No, 94-13569, Official Records of Lane County, Oregon From: Wilda Lomax To: Wilda Lomax and Lorene Hart For: Driveway Affects: The North 20.0 feet Deed of Trust and the terms and conditions thereof. Grantor/Trustor: Janell Cobarrubias, a married woman Grantee/Beneficiary: New Century Mortgage Corporation Trustee: First American Title Amount: $182,700.00 Recorded: June 06, 2006 Recording Information: Instrument No. 2006-039319 The beneficial interest under said Deed of Trust has been assigned to Wells Fargo Bank N.A., as Trustee, for Carrington Mortgage Loan Trust, Series 2006-NC4 Asset-Backed Pass-Through Certificates, by Assignment recorded July 08, 2011, Instrument No. 2011-031415 . - END OF EXCEPTIONS - NOTE: We find no matters of public record again Dan Weber tha will take priority over any trust deed, mortgage or other security instrument given to purchase the wb' t real property as established by ORS 18.165. NOTE: According to the public record, the following deed(s) affecting the property herein described have been recorded within 24 months of the effective date of this report: NONE Situs Address as disclosed on Lane County Tax Roll: 1866 5th Street, Springfield, OR 97477 THANK YOU FOR CHOOSING FIRST AMERICAN TITLE! WE KNOW YOU HAVE A CHOICE! cc: Dan Weber cc: Janell Cobarrubias cc: Tara Nagelhout, Emerald Valley Real Estate 59 Santa Clara Avenue, Eugene, OR 97404 cc: , PRE-SUBMITTAL RECD JUN 2 6 2013 Frst American Tree • • Preliminary Report - Order No.:7191-1854685 Page 4 of 5 • • First American Title Insurance Company of Oregon cyC SCHEDULE OF EXCLUSIONS FROM COVERAGE • ALTA LOAN POLICY(06/17/06) The following matters are expressly excluded from the coverage of this policy,and the Company will not pay lass or damage,costs, attorneys' fees,or expenses that arise by reason of: 1. (a) My law,ordinance, permit,or governmental regulation (I dudhg those relating to building and zoning) restricting, regulating, prchibing, or relating to (I) the occupancy,use,or enjoyment of the Land; • (ii) the character,dimensions,or bastion of any improvement erected on the Land; (a) the subdivision of land;or (iv) environmental protection; or the effect of any violation of these laws,ordinances, or governmental regulations.This Exclusion 1(a)does not modify oodmlt the coverage provided under Covered Risk S. (b) My governmental police power.This Exclusion 1(b)does not modify or limit the coverage provided under Covered Risk 6. 2. Rights of eminent domain.This Exclusion does not modify or limit the coverage provided under Covered Risk 7 or 8. 3. Defects,Hens,encumbrances,adverse claims,or other matters (a) created,suffered,assumed,or agreed to by the Insured Claimant (b) not Known to the Company,not recorded in the Public Records at Date of Policy,but Known to the Insured Claimant and not disclosed In writing to the Company by the Insured Claimant prior to the data the Insured Claimant became an Insured under this policy; (c) resulting In no loss or damage to the Insured Claimant; (d) attaching or created subsequent to Date of Policy(however,this does not modify or limit the coverage provided under Covered Risk 11,13,or 14); or (e) resulting in loss or damage that would not have been sustained P.the Insured Claimant had paid value for the Insured Mortgage. 1. Unenforceabilty of the Hen of the Insured Mortgage because of the Inability or fadure of an Insured to comply with applicable doing-business lams of the state where the Land is situated. 5. Invalidity or unenfoneabl8ty In whole or N part of the Hen of the Insured Mortgage that arises out of the transaction evidenced by the Insured Mortgage and is based upon usury or any consumer credit protection or truth-in4ending law. 6. My deim,by reason of the operation of federal bankruptcy,state Insolvency,or similar creditors'dghts laws,that the transaction creating the lien of the Insured Mortgage,is (a) a fraudulent conveyance or fraudulent transfer,or (b) a preferential transfer for any reason not stated In Covered Risk 13(b)of this policy. 7. My lien on the Tie for real estate taxes or assessments imposed by governmental authority and created or attaching between Date of Policy and the • date of recording of the Insured Mortgage in the Public Records.This Exclusion does not modify or limit the coverage provided under Covered Risk 11(b). • ALTA OWNER'S POLICY(06/17/06) The following matters are expressly excluded from the coverage of this policy,and the Company will not pay loss or damage,costs,attorneys'fees,or expenses that arise by reason of: 1. (a) My law, ordinance, permit, or governmental regulation (Including those relating to budding and zoning) restricting, regulating, prohibiting, or relating to • (0 the occupancy,use,or enjoyment of the Land; (a)the character,dimensions,or location of any Improvement erected on the Land; (di) the subdMsion of land;or (iv) environmental protection; or the effect of any violation of these laws,ordinances,or governmental regulations.This Exckaion 1(a)does not modify or limit the coverage provided under Covered Risk S. (b) My governmental police power.This Exclusion 1(b)does not modify or limit the coverage provided under Covered Risk 6. 2. Rights of eminent domain.This Exclusion does not modify or lint the coverage provided under Covered Risk 7 or 8. 1 Defects,dens,encumbrances,adverse claims,or other matters (a) created,suffered,assumed,or agreed to by the Insured Claimant; (b) not Known to the Company,not recorded in the Public Records at Date of Policy,but Known to the Insured Claimant and not disclosed I writing to the Company by the Insured Oaknant prior to the date the Insured Claimant became an Insured under this policy; (c) resulting In no loss or damage to the Insured Claimant; (d) attaching or created subsequent to Date of Policy(however,this does not modify or limit the coverage provided under Covered Risks 9 and 10);or (e) resulting in loss or damage that would not have been sustained if the Insured Claimant had paid value for the Me. 4. My claim,by reason or the operation of federal barduuptcy,state insolvency,or similar creditors'rights laws,that the transaction vesting the Title as shown In Schedule A.Is (a) a fraudulent conveyance or fraudulent transfer,or (b) a preferential transfer for any reason not stated in Covered Risk 9 of this policy. . 5. My Hen on the The for real estate taxes or assessments imposed by governmental authority and created or attaching between Date of Policy and the date of recording of the deed or other Instrument of transfer In the Public Records that vests Tide as shown In Schedule A. SCHEDULE OF STANDARD EXCEPTIONS 1. Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the public records;proceedings by a public agency which may result in taxes or assessments,or notices of such proceedings,whether or not shown by the records of such agency or by the public records. 2. Facts,rights,interests or claims which are not shown by the pubic records but which could be ascertained by an inspection of the land or by making inquiry of persons In possession thereof. 3. Easements,or claims of easement,not shown by the public records;reservations or exceptions in patents or In Acts authorizing the Issuance thereof; water rights,claims or tide to water. • 4. My encroachment(of existing Improvements located on the subject land onto adjoining land or of existing Improvements located on adjoining land onto the subject land),encumbrance,violation,variation,or adverse circumstance affecting the title that would be disclosed by an accurate and complete lard survey of the subject land. 5. Any Hen"or right to a lien,for services,labor,material,equipment rental or workers compensation heretofore or hereafter furnished,Imposed by law and not shown by the public records. NOTE: A SPECIMEN COPY OF THE POLICY FORM(OR FORMS)WILL BE FURNISHED UPON REQUEST TI 149 Rev.7-73-08 • fvstanetican title PRE-SUBMITTAL RECD JUN 2 6 2013 Preliminary Report Order No.:7191-1854685 Page 5 of 5 Exhibit"A" • Real property in the County of Lane, State of Oregon, described as follows: THE EASTERLY 199.0 FEET OF THE FOLLOWING: BEGINNING AT A POINT IN THE WEST LINE OF FIFTH STREET OF THE TOWN OF SPRINGFIELD, OREGON, EXTENDED WHICH IS 299.61 FEET NORTH OF THE INTERSECTION OF THE WEST LINE OF SAID FIFTH STREET WITH THE NORTH LINE OF THE MOHAWK COUNTY ROAD;THENCE NORTH ON AND ALONG SAID WEST LINE OF FIFTH STREET 145.92 FEET; THENCE WEST 627 FEET; THENCE SOUTH 145.92 FEET;AND THENCE EAST 627 FEET TO THE SAID WEST LINE OF FIFTH STREET AND TO THE BEGINNING, IN LANE COUNTY,OREGON. NOTE: This Legal Description was created prior to January 01, 2008. • Tax Parcel Number: 0218899 • • ' I 1 PRE-SUBMITTAL REC'D JUN 2 6 2013 First Ameran Title