HomeMy WebLinkAboutNotice PLANNER 6/26/2008
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RECEIVED
AFFIDAVIT OF SERVICE
JUN 262008
By:'l6l(j; ~ 1J:CJ~
STATE OF OREGON)
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County of Lane )
I, Karen LaFleur, being first duly sworn, do hereby depose and say as follows
1 I state that I am a Prograrn Techmclan for the Planning DIvIsion of the
Developrnent Services Department, City of Springfield, Oregon
2 I state that In rny capacity as, Program Technician, I prepared .and caused t~ be -I-
rnalled copies of Sv e,ZOO\?-oooZZ- Yllitut~ (\ D.o..f.~.UA.. - ~ UMU--
(See attachrnent nAn) on ~/P , 200S/(ddressed to (see '~
Attachrnent Bn), by causing said letters to be placed In a U S rnall box with
postage fully prepaid thereon
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STATE OF OREGON, County of Lane
A 1Jv > ".')(;, , 2008 Personally appeared the above narned Karen LaFleur,
~grarn Techmclan, who acknowledged the foregOing Instrument to be their voluntary
act Before rne
OFFICIAL SEAL
DEVETTE KELLY
NOTARY PUBLIC OREGON
COMMISSION NO 420351
MY COMMISSION EXPIRES AUG 15. 2011
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My Cornrnlsslon Expires
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,City of Spnngfield
Development Services Department
225 Fifth Street
Spnngfield, OR 97477
LAND DIVISION TENTATIVE PLAN
Staff Report & Decision
ProJect Narne Dwyer SubdivIsion
ProJect Proposal Subdivide one lot (81 acre) to create five lots:
Case Nurnber SUB2008-00022
I
ProJect Location 5560 High Banks Road
Map 17-02-28-00, TL 303
Zonmg Low Density Resldentral (LDR)
Overlay Dlstrlct(s) Floodplain (FP)
Apphcable Refinernent Plan. N/A
Refinernent Plan Designation N/A
Metro Plan Designation Low Density Resldentral (LDR)
Pre-Subrnlttal Meetmg Date May 13, 2008
Application Subrnlttal Date May 20, 2008
DRC Meetmg Date June 10, 2008
DecIsion Issued Date June 26, 2008
Recommendation Approval with Conditions
Appeal Deadhne Date July 11, 2008
Associated Applications DRC2008-00034 (Tree Felling), SHR2008-00004 (Floodplain), ZON2008-00012
(DIM), PRE2008-00027 (Pre)
I DEVELOPMENT REVIEW COMMITTEE
I POSITION
I Planner II
I Public Works EnQlneer In TralnlnQ
I Public Works EnQlneer In TralnlnQ
I Deputy Fire Marshal
I EnQlneennQ TechniCian
I Clvli EnQlneer
~ UGB & Crty Limits
REVIEW OF
Land Use PlannlnQ
Transportation
Utllitres, Sanitary & Storm Sewer
Fire and Life Safety
SUB Electnc Utllitres
SUB Water Utilities
NAME
Molly Markanan
Jon Dnscoll
Jesse Jones
I Gilbert Gordon
Guenter Matyszak
I Rebecca Templin
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PHONE I
726-4611 I
726-3679 I
736-1036 I
726-2293 I
736-3296 I
726-2396 I
APPLICANT'S DEVELOPMENT REVIEW TEAM
Owner/Apphcant
Bill Dwyer
Eureka Development
5558 Thurston Road
SpnnQfleld, OR 97478
Applicant's Representative
Tom Poage
Poage Englneenng & Survey
990 Oble Street
EUQene, OR 97402
Case No SUB2008-00022
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DECISION
This staff report and decIsion grants approval with conditions to the subject application, as of the date
of this decIsion The standards of the Spnngfleld Development Code (SDC) applicable to each cntenon
of approval are listed herein and are satisfied by the submitted plans and notes (see Appendix A)
unless specifically noted In this decIsion with findings and conditions necessary for compliance The
plat, as well as the installation of public and private Improvements, must conform to the approved
tentative plan or as conditioned herein This IS a limited land use decIsion made according to city code
and state statutes Unless appealed, the decIsion IS final Please read this document In ItS entirety
REVIEW PROCESS
This application has been reviewed under the procedures listed In SDC 51-130, Type II Applications,
and SDC 512-100, Land DIvIsions - Partitions and SubdivIsions This application was accepted as
complete on May 20, 2008, and this decIsion IS Issued on the 35th day of the 120 days permitted per
ORS 227 178
COMMENTS RECEIVED
Applications for Type II limited land use decIsions require notification of property owners and occupants
within 300 feet of the subject property and any applicable neighborhood association, allowing for a 14-
day comment period on the application per SDC 5 1-130 The property owner, applicant, If different,
and parties submitting written comments dUring the comment penod have appeal nghts and are mailed
a copy of this decIsion for consideration In accordance with SDC 51-130, notice was mailed to the
property owners and occupants within 300 feet of the subject property on May 22, 2008
The following wntten comments were received dUring the comment period
Three letters were received from concerned neighbors living at 5500, 5520, and 5547 High Banks
Road The complete transcnpts of the letters are made a part of this decIsion by reference and are
available for review at the Development Services Department In summary, the letters focus on Issues
relating to the sale of the subject property to the current property owner, the scale of the proposed
development, ItS compatibility with the neighborhood, and ItS Impact on Infrastructure and schools A
response to these concerns IS Included below, as well as by reference to other sections of the report
In addition, the letters raise concerns regarding developing a subdivIsion In the floodplain and felling
most of the eXisting filbert orchard on the property Since the applicant has concurrently submitted a
Floodplain Overlay District Development application (SHR2008-00004) and a Tree Felling Permit
application (DRC2008-00034) for the proposed subdivIsion, copies of the letters referenced above will
be Included In those files In addition, the concerns raised In the letters with respect to the floodplain
and tree felling will be addressed In the staff reports for those respective applications
Sale of Subject Property
One letter discussed objecting to the manner In which the sale of the subject property to the current
land owner took place Proof of ownership for the subject property has been provided as part of this
application However, private real estate transactions are a cIvil matter and thus do not fall within the
purview of the Planning DIVISiOn In reviewing land use applications
Neighborhood Compatlblllly
All three letters discussed concerns that the proposed subdivIsion IS not compatible with the eXisting
development pattern of the neighborhood Specifically, that the configuration of the newly created lots
will result In new dwelling Units not being onented towards the street as are most of the homes In the
neighborhood and that the deSign of future homes on the lots will not be In keeping with the style of
other homes In the neighborhood
The proposed development IS what IS known In the Planning world as 'Infill development,' or when
vacant or underdeveloped lots within a city's limits or eXisting neighborhoods are developed or
Case No SUB2008-00022
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redeveloped However, Infill developments often seem Incompatible with the eXisting neighborhood
fabnc to residents who live nearby Therefore, many communities have worked with citizens to develop
specific design standards or Inflll compatibility standards that ensure that Inflll development enhances
rather than detracts from the character, quality, and livability of eXisting residential neighborhoods
City staff recognizes that the compatibility of the proposed subdivIsion with the eXisting neighborhood
fabnc may be a legitimate neighborhood concern However, the City's development code only
regulates the design of mixed-use (reSidential and commercial together) developments and multi-family
(three or more attached Units) developments Therefore, Planning does not have the authonty to
mitigate the Impact of the proposed development on the neighborhood from a compatibility standpoint
at this time Residents are welcome, however, to suggest that the Planning Commission conSider city-
wide policies to address Inflll compatibility and to share their Ideas at the numerous opportunities for
public Involvement that the Planning DIvIsion organizes each year In an effort to Involve citizens In
planning Spnngfleld's future
Scale of Development
The pnmary concern of the neighbors who submitted letters IS the scale of the proposed development
In relation to eXisting development In the area SpeCifically, neighbors lamented the loss of peace and
qUiet In the area and diminished quality of life from the development of several homes on what once
was a single dwelling on a nearly acre lot Other related concerns Include perceived problems resulting
from developing land In the city In a dense, compact manner and the loss of open space and trees
resulting from new development
With respect to the number of lots proposed as part of this subdiVIsion, It should be noted that the
subject property IS zoned Low Density ReSidential (LOR), the lowest density category In the city In
LOR dlstncts, a minimum of one and a maximum of ten dwellings may be developed per acre as
dictated by the Eugene-Spnngfleld Metropolitan Plan Thus, given the size of the subject property
(approximately 81 acre), It technically could be developed with eight dwelling Units However, the
applicant has only proposed creating five lots and thus the proposal falls well within the allowed number
of Units per acre
It IS understandable that neighbors might find the proposed development a shocking change to the
development they are accustomed to In that area of the city given that properties on the north Side of
High Banks Road abut both the City Limits and the Urban Growth Boundary (UGB), and this area of the
city has been dominated by rural farmland for decades However, as the population In the Eugene-
Spnngfleld area grows over time, It IS only conceivable that more dwelling Units Will be bUilt throughout
the city to accommodate newcomers The city cannot prevent such growth, but It does have the
obligation to manage It and endeavor to mitigate potential negative Impacts of growth
One key way In which commUnities across Oregon are required to manage growth IS to only allow new
development within a city's UGB so as to protect rural land from urban encroachment Therefore, as
the market demands more housing, new development is required to locate within the city limits as IS the
case with the proposed development Contrary to neighbors' assertions, It IS not the City's desire to
bUild on every piece of vacant land available at Will However, when the market determines that
additional housing stock IS needed to meet demand, the City does want such new development to
occur within the city limits This policy of channeling new development Into the city IS what IS known as
'smart growth' as opposed to 'sprawl'
It has been thoroughly documented that smart growth bestows a mynad of economiC, environmental,
and SOCial benefits upon commUnities For example, dense, compact development within a city
preserves the open space, farmland, and forests outSide of the City, such as the large tracts of farmland
to the north of the proposed development In addition, when areas are developed densely, there are
more 'eyes on the street,' enabling more neighborhood Vigilance than would otherwise occur Dense
development also reduces the per capita cost to bUild and maintain infrastructure and also Increases
Case No SUB2008-00022
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the viability of public tranSIt systems, thereby reducing congestion on roadways and Improving air
quality Furthermore, the smaller lots and attached housing common In compact development IS more
affordable for those who wish to live In the city and benefit from urban services
Impact on Infrastructure and Schools
The final category of concern expressed by neighbors IS the Impact the proposed development Will
have on schools, parks, and Infrastructure Unlike some of the aforementioned concerns, the City
already has a system In place to ensure that there IS sufficient Infrastructure capacity to meet the
demand of new development In fact, Criteria 3, 5 and 6, outlined on Pages 5-9, 11-12, and 12-13,
respeclively, discuss the Impact of the proposed development on Infrastructure systems at length
As mentioned under Criteria 3, 5, and 6, all applicable City departments, including Public Works and
Fire and Life Safety, as well as Wlllamalane Parks & Recrealion District and the Springfield Ulility
Board (SUB) review proposed developments In relation to the facllilies they manage In the event that
suffiCient capacity does not eXist to serve a particular development, the developer IS required to make
system upgrades As stated under Criteria 3, 5, and 6, all Interested parties have Indicated that as
conditioned In the staff report, the proposed development meets all Infrastructure reqUirements of the
development code Addllionally, It IS Important to note that all new residential dwellings bUilt In the city
are assessed system development charges to help cover the cost of constructing and maintaining the
City's transportation, sanitary sewer, and stormwater systems, as well as Willamalane's parks
Therefore, when new homes are bUilt on the newly created lots, they Will be assessed such charges to
contribute to the long-term cost they Impose on city Infrastructure
As to the Impact of the proposed development on the school system, the addition of four dwellings to
the city's housing stock Will be negligible and thus the school district does not weigh In on development
review However, the aggregate Impact of new development In the city as a whole over lime IS
something that IS taken Into consideration by the school district In fact, It IS a policy of Springfield
School District #19 to "gather and analyze appropriate data to evaluate the District's facilities needs on
a long-range basIs"
SITE INFORMATION
The subject property IS a 81 acre (35,376 square feet), rectangular-shaped lot on the north Side of High
Banks Road between 55th Street and 55th Place and IS located inSide the City limits The property
IS relatively flat, and SOils are mapped as Chapman Urban Land Complex Currently, the property
contains a residence In the southeast corner of the lot, facing and taking access from High Banks
Road, which IS proposed to remain The remainder of the site contains an un-productive filbert orchard
that IS proposed to be removed The property IS zoned and designated Low Density Resldenlial, and
land Immediately surrounding the property on all Sides IS zoned Low Density Residential
LAND DIVISIONS - PARTITIONS AND SUBDIVISIONS - TENTATIVE PLAN CRITERIA
SDC 512-125 states that an applicalion shall be approved or approved With conditions upon
determination that the criteria listed In SDC 512-125 A through J have been satisfied and that If
conditions cannot be attached to salisfy the approval criteria, the application shall be denied
Crrterron 1 /SDC 5 12-125 A \
The request conforms to the proViSions of thIS Code pertammg to lot/parcel sIze and dimensions
Fmdmg: SDC 32-215 states that on standard lots on east-west streets In all reSidential zOning
diStriCtS, the minimum area shall be 4,500 sq ft, and the minimum street frontage shall be 45 ft
Fmding SDC 3 2-215 states that on panhandle lots In all residential zOning diStriCtS, the minimum
area In the pan portion shall be 4,500 sq ft, and the minimum street frontage shall be 20 ft for Single
panhandles or 26 ft for mulliple panhandles With IndiVidual frontage based on the number of
panhandles
Case No 5UB2008-00022
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The applicant proposes to create five lots as follows
Fmdmg.
I Lot
I 1
I 2
I 3
I 4
I 5
Lot Type
Standard
Panhandle
Panhandle
Panhandle
Standard
Area
4,812 SQ ft
6,000 SQ ft
6,568 SQ ft
6,494 SQ ft
8,732 SQ ft
Street Frontaqe
77ft
26 ft
26 ft
26 ft
72ft
Street Name
HIQh Banks Road
HIQh Banks Road
HIQh Banks Road
HIQh Banks Road
HIQh Banks Road
Street Type
East-West
East-West
East-West
East-West
East-West
Fmdmg. This application meets the reqUirements of SDC 3 2-215
Conclusion. This application satisfies Criterion 1 (SDC 512-125 A)
Criterion 2/SDC 5 12-125 B \
The zomng IS consistent with the Metro Plan diagram and/or applicable Refmement Plan diagram, Plan
District map, and Conceptual Development Plan
Fmdmg' The subject property IS located within the Urban Growth Boundary (UGB) and the City limits,
the boundaries of which abut the property to the north
Fmdmg The subject property IS zoned Low Density Residential and IS designated
Low Density Residential by the Metro Plan diagram, and there IS no applicable refinement plan There
are no applicable Plan District maps or Conceptual Development Plans for thiS property, and no change
to the zoning designation or boundaries IS proposed
Conclusion' ThiS application satisfies Criterion 2 (SDC 512-125 B)
Criterion 3/SDC 5 12-125 C \
Capacity reqUirements of publiC and private facilities, mcludmg but not limited to water and electriCity,
samtary sewer and storm water management facilities, and streets and traffiC safety controls shall not
be exceeded and the publiC Improvements shall be available to serve the site at the time of
development, unless otherwise proVided for by thiS Code and other applicable regulatIOns The PubliC
Works Director or a utility proVider shall determme capacity Issues
Fmding The Development Review Committee (DRC), including representatives from the City's
Development Services Department, Public Works Department, and Fire and Life Safety Department, as
well as the Springfield Utility Board (SUB), Wlllamalane, and Lane Transit District (L TD) reViewed the
application, and their comments have been Incorporated Into the findings and conditions below
Fmdmg Criterion 3 contains two categories of development standards With sub-sections The
application as submitted complies With any applicable sub-sections of the development standards
unless otherwise noted With specific findings and conditions The development standards relating to
Criterion 3 Include but are not limited to the Infrastructure standards discussed In SDC 4 1-100, 4 2-
100, and 4 3-100
42-100 Infrastructure Standards-
Transportation
42-105 Public Streets
4 2-110 Private Streets
4 2-115 Block Length
42-120 Site Access and Driveways
4 2-125 Intersections
42-130 VIsion Clearance
42-135 Sidewalks
Case No SUB2008-00022
43-100 Infrastructure Standards-
Utilities
4 3-105 Sanitary Sewers
4 3-110 Stormwater Management
4 3-115 Water Quality Protection
4 3-120 Utility ProVider Coordination
43-125 Underground Placement of Utilities
43-130 Water Service and Fire Protection
43-135 Malor Electrical Power Transmission Lines
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42-140 Street Trees
42-145 Street Lighting
42-150 Bikeways
4 2-155 Pedestnan Trails
42-160 Accessways
43-140 Public Easements
43-145 Wireless Telecommunications Systems FaCIlities
PublIC Streets
Finding Abutting the subject property to the south IS High Banks Road, a 44-foot asphalt-paved three-
lane minor artenal street Within a 60-foot nght-of-way The street IS Improved to urban standards With
curb, gutter, Sidewalk, and low sodium street lighting Average dally traffic along thiS section of High
Banks Road IS estimated to be fewer than 6,900 vehicle tnps per day
Fmdmg. Based on the Institute of Transportation Engineers (ITE) Land Use Code
210 (Single Family Detached), full development of Lots 1-4 With Single family detached dwellings would
generate 40 weekday vehicle tnps and 4 afternoon peak-hour vehicle tnps onto the surrounding street
system In addition, assumed development may generate pedestnan and bicycle tnps According to
the LCOG household survey from 1994, 126% of household tnps are made by bicycle or walking and
1 8% are made via public transit These tnps may have their onglns o'r destinations at a vanety of land
uses, Including the subject property Pedestnan and bicycle tnps create the need for Sidewalks,
pedestnan crossing Signals, crosswalks, bicycle parking, and bicycle lanes
Fmdmg' The Public Works Department has determined that the proposed land diVISion Will not have
Significant traffic Impacts on the abutting street system
Street Trees
Fmding' Street trees are a required public Improvement, and as such, must be completed pnor to
development approval as per SDC 512-145 C
Fmdmg' SDC 4 2-140 A states that new street trees shall be at least two Inches In caliper and shall
be selected from the City Street Tree List and Installed as speCified In the City's Englneenng DeSign
Standards and Procedures Manual (EDSPM)
Fmding' The applicant has proposed installing SIX street trees In the High Banks nght-of-way fronting
Lots 1 and 5, approximately two feet behind the eXisting Sidewalk However, EDSPM 6 02 2 states that
street trees are not recommended In planter stnps less than four feet Wide because when street trees
are planted closer to Sidewalks, Significant Sidewalk damage IS likely to occur The EDSPM states that
when planter stnps are less than four feet Wide, trees shall be planted behind the Sidewalks In adjacent
yards Specifically, where curbSide Sidewalks eXist, street trees shall be planted at least five feet
behind the Sidewalk but not more than ten feet behind the Sidewalk
Fmdmg The applicant has not proposed the type of street tree to be planted but has stated that the
trees Will be selected from the List of Acceptable Street Trees for planter stnps With overhead power
lines as speCified In the EDSPM The applicant has proposed selecting the speCifiC type of street trees
dunng the bUilding permit process However, given that Lot 5 IS already developed, the street trees
along the frontage of Lot 5 must be Installed pnor to Plat approval In addition, given the extensive site
work to Install the utilities, panhandle dnveway, and rain garden to serve Lots 1 through 4 that must
take place pnor to plat approval, It makes more sense to Install the street trees along the frontage of Lot
1 pnor to plat approval, as well
CondItIon 1. Pnor to plat approval, the applicant shall plant SIX street trees of at least two Inches In
caliper along the High Banks frontage of Lots 1 and 5 The street trees shall be selected from the List
of Acceptable Street Trees for planter stnps With overhead power lines as listed In the EDSPM, and the
new street trees shall be Installed as speCified In the EDSPM SpeCifically, street trees shall be planted
at least five feet behind the curbSide Sidewalk but not more than ten feet behind the Sidewalk as
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speCified In EDSPM 6 02 2 All tree nursery tags IdentifYing the type of street tree shall remain on the
street trees unlll plat approval
Fmdmg. As conditioned above, this application meeets the requirements fo SDC 4 2-140
San/tarv Sewers
Fmding SDC 4 3-105 A states that sanitary sewers shall be Installed to serve each new development
within the city limits and to connect developments to eXisting mains
Fmdmg' The applicallon Indicates that the eXlsllng residence on the subject property IS currently
served by a sewer lateral from the 12-lnch sanitary sewer main In the public utility easement (PUE)
along the High Banks frontage of the property, and the applicant has proposed continUing to serve Lot
5 via this sewer lateral The applicant has proposed serving Lots 1 through 4 with individual sanitary
sewer laterals from the above-mentioned sanitary sewer main as depicted on the Tentative Plan
Findmg The Public Works Department has detennlned that the public sanitary sewer system has
adequate capacity to accept the anticipated flow from the proposed development
ConditIOn 2. Prior to plat approval, Lots 1 through 4 shall be serviced with private sanitary sewer
laterals from the 12-lnch sanitary sewer main In the PUE along the High Banks frontage of the subject
property as depicted on the Tentative Plan
NOTE Plumbing permits are required to Install these private sanitary sewer laterals
Fmdmg. EXisting facllilles, the above condition, and Condition 15 below, are adequate to meet the
reqUirements of SDC 4 3-105 A
Storm water Manaaement
Findmg' SDC 43-110 B states that development approval shall only be granted where the Public
Works Director has determined that adequate public andlor private stormwater management systems
provIsions, consistent with the EDSPM, have been made
Fmdmg SDC 43-110 D states that run-off from a development shall be directed to an approved
stormwater management system with sufficient capacity to accept the discharge
Findmg' SDC 4 3-110 E states that new developments are required to employ drainage management
practices that minimize the amount and rate of surface run-off Into receiving streams and that promote
water quality
Fmdmg. The application Indicates that the eXlsllng residence on the subject property currently
discharges roof run-off to the street system south of the property via weepholes, and the applicant has
proposed conllnUlng to serve Lot 5 In this manner The applicant has proposed discharging roof run-off
from Lots 1 through 4 on-site via splash blocks However, splash blocks are not an approved
storm water management system for new construction
Condition 3 Prior to plat approval, the applicant shall update the utility plan set for the proposed land
divIsion to reflect an approved stormwater management system for roof run-off for Lots 1 through 4 In
addition, future development on Lots 1-4 shall direct the rooftop run-off to an approved discharge
location on-site, such as a rain garden or flow-through planter
Findmg The applicant has proposed managing stormwater run-off from the new driveway via a
conveyance swale to a rain garden In the PUE along the frontage of Lot 1 with overflow conveyed to
the public stormwater system In the right-of-way south of the subject property
Condition 4' Prior to plat approval, the applicant shall Install the rain garden as proposed on the
Tentative Plan
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Finding. The vegetation proposed for use In the rain gardens will serve as the pnmary pollutant
removal mechanism for the stormwater run-off from the subject property and Will remove suspended
solids and pollutants through the processes of sedimentation and filtration Satisfactory pollutant
removal Will occur only when vegetation has been fully established
CondItIon 5. Pnor to plat approval, the proposed rain gardens shall be fully vegetated With all plant
species established to ensure a fully functioning water quality system Alternatively, the applicant shall
provide and maintain additional Intenm erosion control I water quality measures acceptable to the
Public Works Department that Will suffice until such time as the rain gardens become fully established
Finding The applicant has proposed locating a pnvate catch basin With a two-foot sump and a
hydrocarbon separator In the PUE as an overflow device for the proposed rain garden However, no
permanent structures are allowed In PUEs
CondItIon 6: Pnor to plat approval, the applicant shall update the utility plan set for the proposed land
diVISion to show the proposed catch basin outside of the PUE Alternatively, the applicant may obtain
approval from the affected utilities for the placement of the pnvate catch basin Within the PUE
Finding. All stormwater run-off from Impervious surfaces on the subject property Will be managed on-
site and will re-charge the aqUifer In the VICInity of the site Any overflow from on-site management
systems Will be directed to the public stormwater system, which the Public Works Department has
determined has adequate capacity to handle
Finding. EXisting faCIlities, the above conditions, and Condition 15 below are adequate to meet the
reqUirements of SDC 4 3-110
UtllltV ProVIder Coordination & Underaround Placement of UtIlIties
Finding. SDC 43-120 states that all utility providers shall be responsible for coordinating utility
Installations With the City and the developer through the Development Review Committee or by
separate wntten correspondence and that the developer shall be responsible for the design, installation,
and cost of utility lines and faCIlities to the satisfaction of the utility provider
Finding. SDC 4 3-125 states that wherever possible, all utility lines shall be placed underground
Finding' The application Indicates that the eXisting reSidence on the subject property IS currently
served by SUB Electnc via overhead lines from Pole # 90055, as well as other utilities via overhead
service lines from the overhead transmission lines In the nght-of-way south of the property The
applicant has proposed relocating Pole #90055, as well as the overhead power service from that pole,
because It conflicts With the proposed dnveway In addition, the applicant has proposed maintaining
the other overhead utility lines serving the property However, all utility lines to serve the site must be
placed underground In conformance With SDC 4 3-125
Finding The applicant's narrative states that Lots 1 through 4 Will be served With underground utilities
However, the utility plan submitted With the application does not show the location of such utility service
lines In addition, the trench detail for the utility plan only shows utility lines to serve one lot
Finding. SUB Electnc adVises that Pole #90055 IS a dlstnbutlon pole With a high-voltage pnmary
overhead line and an underground tap that feeds a transformer on 55th Place south of the subject
property The overhead pnmary line serves hundreds of SUB customers, and thus the pole would have
to be moved 'hot', or energized, which IS very costly and dangerous In addition, the underground feed
and nser on the pole would also need to be moved The underground feed may be burned directly and
not In a condUit, which would result In needing to cut High Banks road, something the City has already
stated that the applicant may not do for any work associated With the proposed land diVISion
Case No SUB2008-00022
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Condition 7 Prior to plat approval, the applicant shall coordinate the provIsion of power service to the
subdivIsion with SUB and the City In addition, prior to plat approval, the applicant shall update the
utility plan on file for this development to show the actual proposed location for all utility service lines to
the site Finally, prior to plat approval, the applicant shall provide, at a minimUm, power service to Lots
1 through 4, and all utility lines to serve the site shall be underground, including service lines to the
eXisting dwelling Unit
Fmdmg' As conditioned above, thiS appllcallon meets the requirements of SDC 4 3-120 and 4 3-125
Water Service and Fire Protection
Finding SDC 4 3-130 states that each development area shall be provided with a water system haVing
suffiCiently sized mains and lesser lines to furnish an adequate water supply to the development and
that fire hydrants and mains shall be Installed by the developer as required by the Fire Marshall and the
utility provider
Fmdmg The appllcallon Indicates that the eXisting residence on the subject property currently
receives SUB Water service via a lateral from the 12-lnch water main located In the right-of-way south
of the subject property, and the applicant proposes continuing to serve Lot 5 via thiS lateral The
applicant has proposed serving Lots 1 through 4 with IndiVidual water laterals from the above-
mentioned water main However, the utility plan submitted with thiS application does not indicate where
such laterals Will connect to the water main
Fmdmg SUB Water adVises that the applicant has already applied for an encroachment permit to cut
High Banks Road to connect to SUB's water system However, the City has denied thiS permit, and
thus the applicant must propose an alternallve for providing water service to the site SUB has
indicated that the water main IS located outside of the right-of-way approximately 175 feet west of the
subject property
Condition 8. Prior to plat approval, the applicant shall coordinate the provIsion of water service to the
subdivISion with SUB and the City In addition, prior to plat approval, the applicant shall update the
utility plan on file for thiS development to show the actual proposed location for water lines to the site
Finally, prior to plat approval, Lots 1 through 4 shall be served with private water laterals and water
meters located as per SUB Water standards
NOTE Plumbing permits are required to Install these private water laterals
Findmg EXisting facIlities, as well as the above condition, are adequate to meet the requirements of
SDC 4 3-130
Conclusion' ThiS application satisfies Criterion 3 (SDC 512-125 C) as conditioned herein
Criterion 41SDC 5 12-125 D \
The proposed land diVIsIon shall comply wIth all applicable public and pnvate deSIgn and constructIon
standards contamed m thIS Code and other applicable regulations
Fmding Criterion 4 contains four categories of development standards and reqUirements As such,
the application must comply with the development standards of SDC Chapter 4 not addressed by
Criterion 3, as well as the development standards for the applicable zOning district not addressed by
Criterion 1 In addlllon, the application must comply with the reqUirements of any applicable overlay
district and/or refinement plan The application as submitted complies with the applicable development
standards and requirements unless otherwise noted with speCific findings and conditions The
development standards and requirements relating to Criterion 4 Include but are not limited to the
follOWing
Case No SUB2008-00022
90117
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Chapter 4 - Development Standards
44-100 Landscaping, Screening, & Fence
Standards
45-100 On-Site Lighting Standards
46-100 Vehicle Parking, Loading, & Bicycle
Parking Standards
47-100 Specific Development Standards for
Certain Uses
48-100 Temporary Uses
Applicable Overlay Dlstnct
3 3-400 Floodplain
LandscaDma. Screenma & Fence Standards
-
3 2-200 Residential Zonmg Dlstncts
32-215 Base Zone Development Standards
3 2-220 Additional Panhandle Lot/Parcel
Development Standards
3 2-225 Base Solar Development Standards
3 2-230 Cluster SubdivIsions
3 2-235 Residential Manufactured Dwellings
3 2-240 Multi-Unit Design Standards
Applicable Refmement Plan
No refinement plans apply to the subject property
Fmdmg' SDC 512-130 states that to mitigate Identified negative Impacts to surrounding properties,
the Director shall Impose approval conditions that shall be satisfied pnor to plat approval As such,
5 12-130 B states that a condition of approval may require the Installation of a slght-obscunng fence
andlor vegetative screen wherever a party of record or the Director Identifies a land use conflict In
addition, 512-130 N states that where there IS a land divIsion with a panhandle parcel, If a noticed
party requests screening, a solid screen shall be provided along the property line of the abutting
property and the proposed panhandle dnveway
Fmdmg' A six-foot sight obscunng wood fence running north/south currently eXists on the nelghbonng
property to the east and thus additional screening of the proposed development IS not reqUired along
the east property line
Findmg' The letter discussed above under Comments Received (Page 2 of thiS decIsion) Identifies
negative Impacts to the property owner to the west of the subject property from the proposed
development, and so the follOWing condition has been Imposed In conformance with SDC 5 12-130 B
and 5 12-130 N
CondItIon 9. Pnor to plat approval, the applicant shall Install a slght-obscunng vegetative screen or
wood fence along the west property line Such a vegetative screen or wood fe~ce shall conform to the
development standards outlined In SDC 4 4-110 and 4 4-115
Fmdmg While not Identified on the plan set, the applicant has verbally stated that he IS planning on
fencing the property lines of Lot 5, and so the follOWing condition has been Imposed to ensure
compliance of any fence Installation associated with thiS development with the SDC
CondItIon 10. All fences Installed In association with thiS development shall comply with the
development standards of SDC 4 4-110 and 4 4-115
Fmding' EXisting conditions, as well as the above conditions are adequate to meet the reqUirements
of SDC 4 4-100
VehIcle Parkina. Loadina. & Blcvcle Parkma Standards
Fmdmg' SDC 4 6-125 states that a minimum of two off-street parking spaces are reqUired for slngle-
family dwellings
Fmdmg The application Indicates that the eXisting reSidence on the subject property IS currently
served by an attached garage andlor concrete dnveway and that these faCIlities Will continue to serve
Lot 5 The applicant has not proposed any vehicle parking to serve Lots 1 through 4
Case No SUB2008-00022
100117
,
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Condition 11 Pnor to occupancy of any new dwelling unrts on Lots 1 through 4, vehicle parking shall
be provided In accordance With SDC 4 6-125
Finding EXisting facilities, as well as the above condition, are adequate to meet the requirements of
SDC 4 6-125
Base Solar DeveloDment Standards
Finding' SDC 3 2-225 states that all bUildings In the LDR zOning dlstnct shall protect the solar access
of nelghbonng resldentlallotslparcels
Finding. Planning staff have determined that, given the proposed configuration of the lots and
depending on the onentatlon of future dwelling Units on those lots, solar setback reqUirements may
prevent the construction of two-story homes on Lots 1 and 2
l
Condition 12. Future development on Lots 1 through 4 shall abide by the base solar development
standards as per SDC 3 2-225
Finding. As conditioned above, thiS application meets the reqUirements of SDC 3 2-225
Conclusion' ThiS application satisfies Cntenon 4 (SDC 512-125 D) as conditioned herein
Criterion 51SDC 512-125 E \
PhYSical features, mcludmg, but not limited to steep slopes with unstable SOil or geologiC conditions,
areas With susceptibility of floodmg, significant clusters of trees and shrubs, watercourses shown on the
WQLW Map and thew associated npanan areas, wetlands, rock outcroppmgs, open spaces, and areas
of h/stonc and/or archaeological significance, as may be specified m SectIOn 33-900 or ORS 97 740-
760, 358 905-955 and 390 235-240, shall be protected as speCIfied m thiS Code or m State or Federal
law
Finding The Metro Plan and any applicable refinement plans, Water Quality Limited Watercourses
Map, State Designated Wetlands Map, Hydnc SOils Map, Natural Resources Map, Wellhead Protection
Zone Map, FEMA Maps, Wlllamalane Park and Recreation Comprehensive Plan, and the list of Hlstonc
Landmark sites have been consulted, and there are no features needing to be protected or preserved
on the subject property
Finding If any hlstonc or archaeological artifacts are discovered dunng construction, ORS 97740-
760, 358 905-955, and ORS 390 235-240 may apply If any human remains are discovered dunng
construction, It IS a Class C felony to proceed under ORS 97 745
Conclusion' ThiS application satisfies Cntenon 5 (SDC 512-125 E)
Criterion 6 ISDC 5 12-125 F \
Parkmg areas and mgress-egress pomts have been designed to facilitate vehicular traffiC, bicycle and
pedestnan safety to avoid congestIOn, proVide connectivity wlthm the development area and to adjacent
residential areas, transit stops, neighborhood activity centers, and commelC/al, mdustnal and public
areas, minimiZe dnveways on arlenal and collector streets as specified m thiS Code or other applicable
regulations and comply With the ODOT access management standards for State highways
Finding' The DRC, Including representatives from the City's Public Works Department, reviewed the
application, and their comments have been Incorporated Into the findings and conditions below
Finding Installation of dnveways on a street Increases the number of traffic conflict pOints The
greater number of conflict pOints Increases the probability of traffic crashes Therefore, SDC 4 2-120
A 1 states that all developed parcels shall have an approved access to a publiC street or alley along
the frontage of the property, a pnvate street that connects to the public street system, or a public street
by an Irrevocable JOint uselaccess easement serving the subject property
Case No SUB2008-00022
11 of 17
,
Fmdmg' SOC 4 2-120 C states that dnveways shall be designed to allow safe and effiCient vehicular
Ingress and egress as specified In Tables 4 2-2 through 4 2-5, the City's EOSPM, and the Public Works
Standard Construction Specifications SOC 3 2-220 A 5 states that the paving standards for multiple
panhandle dnveways IS 18 feet wide from the front property line to the pan of the last parcel and that
this standard takes precedence over the dnveway width standards In SOC Table 4 2-2
Fmdmg. Spnngfield Fire Code (SFC) 503 2 1 states that fire apparatus access roads shall have an
unobsructed width of not less than 20 feet and vertical clearance of not less than thirteen feet, SIX
Inches
Fmdmg. SFC 5033 and 01036 state that the fire code official may require permanent "No Parking-
Fire Lane" signs complYing with SFC standards on fire apparatus access roads to Identify such roads
or prohibit the obstruction thereof
Fmdmg SFC 503 2 3 and SFC 0102 1 state that fire apparatus access roads shall be designed and
maintained to support the Imposed loads of fire apparatus weighing at least 80,000 Ibs and shall be
surfaced with asphalt, concrete, or other approved surface to provide all-weather dnvlng capability
Fmdmg. The application Indicates that access to the eXisting dwelling unrt on the subject property is
via a 17-foot Wide concrete dnveway onto High Banks Road near the east property line, and the
applicant has proposed keeping this access for Lot 5
Fmdmg. The application Indicates that there IS also an eXisting 18-foot Wide curb cut to the subject
property near the west property line The narrative and three of the four sheets of the plan set
submitted with this application Indicate that this curb cut IS proposed to remain to serve Lot 1
However, the stormwater plan sheet suggests that this curb cut Will be decomlssloned to enable
Installation of a rain garden along the frontage of Lot 1 A phone conversation with the applicant's
representative on May 23, 2008 confirmed that the applicant Indeed proposes removing the eXisting
western curb cut to the property
Condition 13 Pnor to plat approval, the applicant shall remove the eXisting western curb cut to the
subject property, as well as restonng the curb and Sidewalk along that portion of the property's High
Banks frontage
Fmdmg The applicant has proposed a 20-foot Wide, pervious-paved dnveway within a 26-foot Wide
easement to serve Lots 1 through 4
Condition 14 Pnor to plat approval, the applicant shall Install a dnveway to serve Lots 1 through 4
This dnveway shall provide 20 feet of clear Width and thirteen feet, SIX Inches of clear height The
dnveway shall be paved with pervious pavement 18 feet Wide from the edge of pavement of High
Banks Road to the pan of Lot 3 as depicted on the Tentative Plan The dnveway shall be designed and
Installed to support an 80,000 Ib load and shall have "No Parking-Fire Lane" slgnage In compliance
with the standards of SFC 503 3 and 0103 6 Pnor to construction, the applicant shall submit a public
and pnvate utility plan showing all utilities and easements
Findmg. The applicant has proposed a 26-foot Wide easement In the center of the subject property,
which Will cover the proposed dnveway and utilities to serve Lots 1 through 4
Condition 15. Pnor to plat approval, the applicant shall record and document on the Plat a 26-foot
Wide Irrevocable JOint use, access, utility, and maintenance easement to benefit Lots 1 through 4
Fmdmg. EXisting facilities and the above conditions are suffiCient to meet the requirements of SOC
42-120 A 1 ,SOC 4 2-120 C , and SOC 3 2-220
Fmdmg. SOC 4 2-130 A states that all lots shall maintain a vIsion clearance area at each access to a
public street
Case No SUB2008-00022
120117
~
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Fmdmg SDC 4 2-130 B states that no screen or other physical obstruction IS permitted between two
and a half feet and eight feet above the established height of the curb In the triangular area SDC 4 2-
130 C states that the triangular area for driveways IS ten feet along each property line
Condition 16' VIsion clearance areas shall be maintained at each access to a public street as per
SDC 4 2-130
Fmdmg. As conditioned above, this application meets the requirements of SDC 4 2-130
Conclusion' This application satisfies Criterion 6 (SDC 512-125 F) as conditioned herein
Criterion 7 ISDC 512-125 G \
Development of any remamder of the property under the same ownershIp can be accomplIshed as
speCIfied m this Code
Fmdmg. No property under the same ownership remains Therefore, Criterion 7 IS not applicable
Conclusion' This application satisfies Criterion 7 (SDC 5 12-125 G)
Criterion 8 ISDC 5 12-125 H \
Adjacent land can be developed or IS provIded access that will allow ItS development as specified m this
Code
Fmdmg Adjacent land IS currently developed with resldenllal dwellings and has access 10 public
streets by way of direct frontage
Conclusion. This application satisfies Criterion 8 (SDC 512-125 H)
Criterion 9 ISDC 5 12-1251 \
Where the Partition of property that IS outsIde of the city limits but wlthm the City's urbamzable area and
no concurrent annexation application IS submItted, the standards specified m SDC 512-1251 1 and 2
shall also apply
Fmdmg The subject property IS located Inside the city limits Therefore, Criterion 9 IS not applicable
Conclusion. This applicallon satisfies Criterion 9 (SDC 5 12-1251 )
Criterion 10 ISDC 5 12-125 J \
Where the SubdivIsion of a manufactured dwellmg park or mobile home park IS proposed, the approval
cntena m SDC 512-125 J 1 through 7 apply
Fmding' The application does not propose the subdivISion of a manufactured dwelling park or mobile
home park Therefore, Criterion 10 IS not applicable
Conclusion This application satisfies Criterion 10 (SDC 512-125 J)
SUMMARY OF CONDITIONS OF APPROVAL
NOTE ThIs summary of the conditIOns of approval IS provIded as a courtesy to the applicant The
applIcant should, however, carefully read the decIsion m ItS entirety to understand the basIs for each
conditIOn In additIOn, as stated earlier, the applicant must comply With the entire decIsion, and the plat,
as well as the mstallatlon of publiC and pnvate Improvements, must conform to the approved tentatIVe
plan or as condItioned herem
1 Prior to plat approval, the applicant shall plant SIX street trees of at least two Inches In caliper
along the High Banks frontage of Lots 1 and 5 The street trees shall be selected from the List
Case No SUB2008-00022
13 of 17
~
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of Acceptable Street Trees for planter stnps with overhead power lines as listed In the EDSPM,
and the new street trees shall be Installed as specified In the EDSPM Specifically, street trees
shall be planted at least five feet behind the curbside sidewalk but not more than ten feet
behind the sidewalk as specified In EDSPM 6 02 2 All tree nursery tags IdentifYing the type of
street tree shall remain on the street trees until plat approval
2 Pnor to plat approval, Lots 1 through 4 shall be serviced with pnvate sanitary sewer laterals
from the 12-lnch sanitary sewer main In the PUE along the High Banks frontage of the subject
property as depicted on the Tentative Plan NOTE Plumbing permits are required to Install
these pnvate sanitary sewer laterals
3 Pnor to plat approval, the applicant shall update the utility plan set for the proposed land
divIsion to reflect an approved stormwater management system for roof run-off for Lots 1
through 4 In addition, future development on Lots 1-4 shall direct the rooftop run-off to an
approved discharge locallon on-site, such as a rain garden or flow-through planter
4 Pnor to plat approval, the applicant shall Install the rain garden as proposed on the Tentative
Plan
5 Pnor to plat approval, the proposed rain gardens shall be fully vegetated with all plant species
established to ensure a fully functioning water quality system Alternatively, the applicant shall
provide and maintain addlllonal Intenrn erosion control I water quality measures acceptable to
the Public Works Department that will suffice until such time as the rain gardens become fully
established
6 Pnor to plat approval, the applicant shall update the utility plan set for the proposed land
divIsion to show the proposed catch basin outside of the PUE Alternatively, the applicant may
obtain approval from the affected ulllitles for the placement of the pnvate catch basin within the
PUE
7 Pnor to plat approval, the applicant shall coordinate the provIsion of power service to the
subdivIsion with SUB and the City In addition, pnor to plat approval, the applicant shall update
the ulllity plan on file for this development to show the actual proposed location for all utility
service lines to the site Finally, pnor to plat approval, the applicant shall provide, at a
minimUm, power s~rvlce to Lots 1 through 4, and all utility lines to serve the site shall be
underground, including service lines to the eXisting dwelling Unit
8 Pnor to plat approval, the applicant shall coordinate the provIsion of water service to the
subdivIsion with SUB and the City In addition, pnor to plat approval, the applicant shall update
the utility plan on file for this development to show the actual proposed locallon for water lines
to the site Finally, pnor to plat approval, Lots 1 through 4 shall be served with pnvate water
laterals and water meters located as per SUB Water standards NOTE Plumbing permits are
required to Install these pnvate water laterals
9 Pnor to plat approval, the applicant shall Install a slght-obscunng vegetative screen or wood
fence along the west property line Such a vegetative screen or wood fence shall conform to
the development standards outlined In SDC 4 4-110 and 4 4-115
10 All fences Installed In association with this development shall comply with the development
standards of SDC 4 4-110 and 4 4-115
11 Pnor to occupancy of any new dwelling Units on Lots 1 through 4, vehicle parking shall be
provided In accordance with SDC 4 6-125
Case No SUB200B-00022
140117
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'--
12 Future development on Lots 1 through 4 shall abide by the base solar development standards
as per SDC 3 2-225
13 Pnor to plat approval, the applicant shall remove the eXisting western curb cut to the subject
property, as well as restonng the curb and sidewalk along that portion of the property's High
Banks frontage
14 Pnor to plat approval, the applicant shall Install a dnveway to serve Lots 1 through 4 ThiS
dnveway shall prOVide 20 feet of clear width and thirteen feet, SIX Inches of clear height The
dnveway shall be paved With pervious pavement 18 feet wide from the edge of pavement of
High Banks Road to the pan of Lot 3 as depicted on the Tentative Plan The dnveway shall be
designed and Installed to support an 80,000 Ib load and shall have "No Parking-Fire Lane"
slgnage In compliance With the standards of SFC 503 3 and D103 6 Pnor to construction, the
applicant shall submit a public and pnvate utility plan shOWing all utilities and easements
15 Pnor to plat approval, the applicant shall record and document on the Plat a 26-foot wide
Irrevocable JOint use, access, utility, and maintenance easement to benefit Lots 1 through 4
16 VIsion clearance areas shall be maintained at each access to a public street as per SDC 42-
130
CONCLUSION
The application, as submitted and conditioned herein, complies With the ten cntena listed In SDC 5 12-
125 A through J The tentative plan approved as submitted and conditioned herein may not be
substantively changed dunng the platting process Without an approved modlflcalion application In
accordance With SDC 5 12-145
WHAT NEEDS TO BE DONE?
SDC 5 12-140 A states that for subdivIsions, a plat pre-submittal meeting shall be held Within two years
of the tentative plan approval Therefore, the applicant has up to two years from the date of thiS
decIsion to meet SDC standards and the conditions of approval contained herein and to submit a plat
applicalion for pre-submittal SDC 512-140 A also states that the applicant shall submit the mylars
and application fee Within 180 days of the pre-submittal meeting If, however, the applicant has not
submitted the plat application Within these tlmeframes, the tentative plan approval shall become null
and VOId and re-submlttal IS required Please refer to the plat application packet available at the
Development Services Department, as well as 512-135 through 512-150, for more detailed
Information on the platting process
Please note that the plat, as well as the installation of publiC and private Improvements, must conform
to the approved tentatIVe plan or as conditioned herein In addition, please note that no indiVidual
parcels may be transferred and no bUilding permits will be Issued unl1l the plat has been recorded at
Lane County and the applicant has submitted five (5) recorded, rolled paper copies of the plat and three
(3) copies of reqUired documents to the Development Services Department
ADDITIONAL INFORMATION
The application, all documents, and supporting eVidence are available for free Inspection (copies are
available for a fee) at the Development Services Department
APPEAL
ThiS deCISion IS conSidered a Director's Type II deCISion and as such, may be appealed to the
Planning Commission SDC 5 3-115 states that only the property owner, applicant, If different, and
those persons who submitted wntten comments Within the 14-day comment penod have standing to
appeal thiS deCISion SDC 53-115 also states that an appeal applicalion In accordance With 53-100
Case No 5UB200B-00022
150117
e
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shall be filed with the Development Services Department within 15 calendar days of the Director's
decIsion (the date of this decIsion) In accordance with this policy and the Oregon Rules of CIvil
Procedures, Rule 10(c), the appeal penod for this decIsion expires at 5 OOpm on July 11,2008
QUESTIONS
Please call Molly Markanan In the Development Services Department Planning DIvIsion at 726-4611 or
emali her at mmarkanan@cl spnngfleld or us If you have any questions
PREPARED BY
Molly Markanan
Planner II
Urban Planning Section
Case No SUB200B-00022
160117
APPENDIX A
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CITY OF SPRINGFIELD
DEVELOPMENT SERVICES DEPARTMENT
225 5th ST
SPRINGFIELD, OR 97477
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CITY OF SPRINGFIELD
DEVELOPMENT SERVICES DEPARTMENT
225 5th ST
SPRINGFIELD, OR 97477
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Phyliss & Gene Hlghflll
5520 Hlghbanks Road
Springf~eld, OR 97478
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Pamela Hartman
5547 Highbanks Road
Springfield, OR 97478
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CITY OF SPRINGFIELD
DEVELOPMENT SERVICES DEPARTMENT
225 5th ST
SPRINGFIELD, OR 97477
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Bill WElch
5500 Highbanks Road
Springfield, OR 97478
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CITY OF SPRINGFIELD
DEVELOPMENT SERVICES DEPARTMENT
225 5th ST
SPRINGFIELD, OR 97477
Bill Dwyer
Eureka Development
5558 Thurston Road
Springfield, OR 97478
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DEVELOPMENT SERVICES DEPARTMENT
225 5th ST
SPRINGFIELD, OR 97477
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Tom Poage
Poage Engineering & Surveying
990 Obie Street
Eugene, OR 97402